•The law concerning disposal of meat

There are the Meat Control Regulations, 2010. These regulations give effect to the Meat
Control Act. For meat to be disposed there must be an approval from an inspector, so
appointed, as provided for under regulation 9.

Public Health Act

This act outlaws the selling of any food that is not sells, prepares, packages, conveys,
stores or displays for sale any food under insanitary conditions shall be guilty of an
offence.

•K-rep management has asked CCTV to take care of the cafeteria garbage
themselves, yet CCTV pays for the service charge, is this right?

This will depend largely on the lease agreement between K-rep management and
yourselves. Service charge would ordinarily be paid for common facilities such as
water, electricity for common areas, security, insurance, cleaning, garbage collection,
maintenance and repairs. This, as aforementioned, will largely be based on the tenancy
covenants in your lease agreement.

We are of the opinion that if the original agreement didn’t factor in the special
requirement of garbage collection for the cafeteria then extra charges will have to be
incurred by yourselves as this does not fall within the purview of common services.

•Are there special laws for running a cafeteria?

Hotels and Restaurants Act

This is the main Act that regulates the sector. Under Section 4(c) of the Act it is a
requirement that anybody seeking to set up a cafeteria must obtain a license from the Hotels
and Restaurants Authority. Subsection 4d further requires that a person who shall exercise
overall control over the day-to- day operation of the restaurant be a holder of a restaurant
manager’s license.

An application for license must be accompanied by a certificate, signed by a medical officer of

health (as defined in the Public Health Act). The certificate must show that where the food will
be supplied proper provision has been made of the sanitation of the premises in respect of
which the application is made, for the storage, preparation, cooking and serving of food and
drink on the premises, and for the health and comfort of persons using the premises. Further it
must indicate that the premises conform in all respects with the provisions of the Public Health
Act. It is requirement under section 6(2) that the license, once granted, be displayed in the
premises.

Further you will be required to pay a Catering Training and Development Levy under Section
16.

Nairobi County By Laws.

Application forms for new permits or licenses should be delivered to the Town Clerk
not less than 30days before the date the trading period begins. The permit expires on
31st December of the year it is issued.

The restaurant kitchen design structure should be approved by the City Council.

Adequate refrigeration should be provided for maintenance of stored food.

Every employer in the premise should:

Always keep themselves clean. Refrain from spitting and smoking while cooking.
Should cover any cut or bruise on an exposed part with a clean water proof dressing.

A permit holder should maintain the premise to the satisfaction of the customers.

Any permit holder of a permit which does not correspond to the premise he is
conducting his business from becomes guilty of an offence.

Every permit holder should place his permit at a conspicuous position in the premise.

A permit holder should not allow any indecent behavior on the premises.

A permit holder should not sell any food which is not sound or wholesome.