Citation
1. These By-laws may be cited as the Town Council of Taveta (Hawkers) By-laws, 2008.
Interpretation 2. In these By-laws, unless the context otherwise requires:-
“Council” means, the Town Council of Taveta.
“Hawk” means whether as principal, agent or, employee:-
(a) For the purpose of carrying on trade by the sale or exchange of goods, wares, merchandise or refreshment, to place oneself in any street or public place or unenclosed land (other than in shop premises approved as such by the Council), or to go about in streets or public places or form premises; or
(b) by any of the means aforesaid to carry on trade by the sale or exchange, or the offer or exposing for sale or exchange of any goods, wares, merchandise or refreshment, but does not include the seeking or taking of orders for subsequent delivery, or the delivery of goods, wares, merchandise or refreshment to premises for the purpose of re-sale;
“Town area” means the area within the boundaries of the Town Council of Taveta;
“Hawkers” includes any person who, whether as principal, agent or employee, carries on the business of offering or exposing goods for sale, barter or exchange elsewhere than in a building;
“Permit” means a permit issues under these By-laws;
“Clerk” means the person for the time being holding the office of the Town Clerk of the Town Council of Taveta and any other person authorized in writing by him for the purpose of these By-laws.
Unpermitted hawking:
3. Any person who hawks in the Town area without a valid permit; or
a) Being the holder of a permit hawks in the Town area otherwise than in accordance with the terms and conditions thereof, shall be guilty of an offence.
4. Every application for permit shall be made to the clerk on a form issued by him for that purpose and the applicant shall Application for furnish the Clerk with particulars of his place of abode and of the Commodity and the place or places at which, he intends to engage in hawking.
Issue of Permit:
5.(1) The Council may in its discretion, upon payment to the Issue of town of the appropriate fee as per the council’s approved Permit single Business permit fee schedule, issue under the hand of the clerk a permit permitting the person named therein to engage in hawking, subject to such terms and conditions, if any, as may be specified in the permit.
(2) Not withstanding paragraph (1) of this By-laws, a permit may be restricted to a particular area or place, and may be issued in respect of specified goods, wares merchandise or refreshments.
(3) The council may, by resolution, restrict the number of permits generally, or the number of permits of any class which may be issued under these By-laws for such period as shall be specified in such resolution.
Permitted to be Carried out and produced on Demand
6(1) Every person is required by these By-laws to hold a permit Permit to be with him and produce it on demand to a police officer, carried and produced permit inspector or Council Askari in uniform, or to duly on demand authorized officer of the Council.
(2) Any such office, inspector or askari may inspect any article which he has reasonable cause to believe is being used for the purpose of hawking.
(3) Any person, who obstructs, hinders or otherwise interferes with any such officer, inspector or askari in the execution of his duties under this By-law, or who fails to comply with any of the provisions of this By-laws, shall be guilty of an offence.
Hawker’s Assistant
7.(1) The Council may in its discretion, upon payment to the Clerk of the appropriate fee as per the Council’s approved single Business permit fee schedule issue under the hand of the Clerk a permit permitting the person named therein to be employed by or to assist a person permitted under By-laws (5) of these By-laws who:-
(a) Hawks refreshments; or
(b) Is disabled, by reason of loss of a limp,
(c) Where permit is issued under this by-law the relevant permit issued under By-laws (5) of these By-laws shall be endorsed with the works “on assistant’s permit issued”.
Permit Holder
8. Any hawker who without the written consent of the Clerk transfers his permit to any other person, shall be guilty of an offence.
9. (1) Every hawker shall keep his name and the words “permit holder” visibly written, painted or printed on every box or other package and every vehicle used for the carriage of his goods, and upon every bill for advertisement which he distributes or publishes.
10. Any person who is guilty of an offence under the provision of these By-laws shall be liable;
a) In the case of the first conviction for such offence, to be fine not exceeding two thousand Kenya shillings, or imprisonment for a term not exceeding six months or to both such fine and imprisonment; or
b) In the case of a second or subsequent conviction for such an offence, to a fine not exceeding three thousand Kenya shillings, or imprisonment for a term not exceeding nine months, or to both such fine and imprisonment.