Citation :

1. These bylaws may be cited as the county council of Makueni (Hawkers) By-laws 1997.
2.  In these By-laws, unless the context requires:- “Council” means the county council of Makueni.
(a)  “Hawk” means, whether as principal, agent or employee:-
(i)   For the purpose of carrying on trade by the sale or exchange of goods, wares, merchandise or refreshment, to replace oneself in any street or public place unenclosed land (other than in shop premises approved as such by the council) or to go about in streets or public places or from premises to premises, or
(ii)  By any of the means aforesaid to carry on trade by the sale or exchange of any goods, wares, merchandise or refreshment, but does not include the seeking or giving of orders for subsequent delivery, or the delivery of goods, wares, merchandise or refreshment to premises for the purpose of re-sale.
(b)  “Hawker” means a person who carries hawking business.
(c)  “Licence” means a licence issued using these by-laws.
(d)  “County” means the area under jurisdiction of the County Council of Makueni.
(e)  “County Clerk” means the person the person for the time being holding office of County Clerk Makueni and any person authorized in writing by him for the purpose of these by-laws.

Unlicenced:        

3. Any person who:-
(a)    Hawks in the County without a valid licence, or,
(b)    Being the holder of a licence hawks in the county otherwise than
 in accordance with the terms and conditions thereof, shall be guilty of an offence.
Application. 

4. Every application for a licence shall be made to the county clerk on a form issued by him for that purpose and the applicant shall furnish the county clerk with particulars of the place at which he intends to engage in hawking.

Fees payment:

5. i)    The council may at its discretion, upon payment of the appropriate fee thereof prescribed in the approved fees and charges a licence permit the person named therein to engage in hawking, subject to such terms and conditions, if any as may be specified in the licence.
ii)    Without prejudice to the generality of para(1) of this by-law, a licence may be restricted to a particular area or place, and may be issued in respect of specified goods, wares, merchandise and refreshments;
6.
(1) Every person required by these by-laws to hold a licence shall whilst engaged in hawking, carries the licence with him and produces it on demand to a Council Askari, Enforcement Officer or a duly authorized Council Officer.
(2) Any such officer, may inspect any article which he has reasonable cause to believe is being used for the purpose of hawking;
(3) Any person who obstracts, hinders or otherwise interferes with any such officer, in the execution of his duty under this By-law shall be guilty of an offence.

Hawkers Assistant:

7.(1)    The council at its discretion upon to the county Clerk of the appropriate fee thereof issue licence permitting the person named therein to be employed by or to assist a person licenced under By-law (5) of these By-laws who;
(a)    Hawkers refreshments; or
(b)    Is disabled by reasons of the loss of a limp;
(i)    Not more than one licence shall be issued under this By-law in respect of each licence issued under By-law (5) of these By-laws and
(ii)    Where a licence is issued under this By-law the relevant licence under By-law (5) of these By-laws shall be addressed with the words “One assistant’s licence issued”.

Transfer of Licence Disallowed:

8. Any licensee who, without the written consent of the County Clerk, transfers licence issued relating thereto to any other person shall be guilty of an offence.

Penalty:

9.  Any person who is guilty of an offence under these By-laws shall be liable to a fine not exceeding three thousand shillings or to nine months imprisonment or to both fine and imprisonment.
10. The fees payment for the grant, renewal or transfer of a licence issued under these By-laws shall be as the approved fees and charges for that year.

Cognisable:          

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