CHAPTER 185
THE SERVICE COMMISSIONS ACT
ARRANGEMENT OF SECTIONS
Section
1—Short title.
2—Interpretation.
3—Appointment of secretaries and staff of Commission.
4—Remuneration of members of Commission.
5—Oath of members of Commission.
6—Penalty for false information to Commission.
7—Communications of Commission privileged.
8—Protection of members of Commission.
9—Disclosure of information to unauthorized persons
prohibited.
10—Penalty for attempting to influence Commission.
11—Attorney-General’s consent to prosecution.
12—Offences cognizable.
12A—Superannuation fund.
13—Regulations.
Schedules
The Kenya Public Service Commission Act
The Kenya Public Officer Ethics Act
CHAPTER 183
THE PUBLIC OFFICER ETHICS ACT, 2003
Date of Assent: 30th April, 2003
Date of Commencement: 2nd May, 2003
ARRANGEMENT OF SECTIONS
Part I—Preliminary
1—Short title.
2—Interpretation.
3—Determination of responsible Commission.
4—Certain delegations by Public Service Commission.
Part II – Specific Codes Of Conduct And Ethics
5—Establishment of specific Codes.
6—Publication of specific Codes.
Part III—General Code Of Conduct And Ethics
7—Part sets out general Code.
8—Performance of duties, general.
9—Professionalism.
10—Rule of law.
11—No improper enrichment.
12—Conflict of interest.
13—Collections and harambees.
14—Acting for foreigners.
15—Care of property.
16—Political neutrality.
17—Nepotism, etc.
18—Giving of advice.
19—Misleading the public, etc.
20—Conduct of private affairs.
21—Sexual harassment.
22—Selection, etc. of public officers.
23—Submitting of declarations, etc.
24—Acting through others.
25—Reporting improper orders.
Part IV—Declarations Of Income, Assets And Liabilities
26—Declaration required.
27—When declarations must be made.
28—Clarifications.
29—Information to be correct.
30—Access to declarations.
31—Retention of information.
32—Offences.
33—Administrative procedures.
34—Amendment of Schedule.
Part V—Enforcement Of Code Of Conduct And Ethics
35— Investigations.
36—Disciplinary action.
37—Publication of actions.
38—Referral for possible civil or criminal proceedings.
39—Exceptions.
Part VI—General
40—Obstructing or hindering persons under Act.
41—Divulging information acquired under Act.
42—Regulations.
Schedule—Declaration of Income, Assets and Liabilities.
Kenya Political Parties Act
CHAPTER 7A
THE POLITICAL PARTIES ACT
ARRANGEMENT OF SECTIONS
Section
Part I—Preliminary
1—Short title and Commencement.
2—Interpretation.
Part II—Registrar of Political Parties
3—Registrar of political parties.
4—Register of political parties.
Part III—Political Parties Disputes Tribunal
5—Establishment of Tribunal.
6—Purpose of Tribunal.
7—Determination of disputes.
8—Rules of procedure of Tribunal.
9—Removal of member of Tribunal.
10—Secretary to Tribunal.
11—Expenses of Tribunal.
Part IV—Formation, Registration and Regulation of Political
Parties
12—Formation of political parties.
13—Instruments of coalitions.
14—Prohibition of ethnic or religious parties etc.
15—Certain public officers not to be founding members of or
hold office in political party.
16—Qualification of executive and founding members of
political party.
17—Participation in political activities and rights of party
members.
18—Conditions of provisional registration.
19—Contents of constitution or rules of a political party.
20—Parties with certain names not to be registered.
21—Provisional registration of a political party.
22—Rights and privileges of political party.
23—Conditions of full registration.
24—Corporate status of registered political party and declaration
of assets etc.
25—Notification of changes, alterations in constitution etc. of
political party.
26—Cancellation of registration of political party.
27—Effect of cancellation of registration.
Part V—Funding and Accounts of Political Parties
28—Political Parties Fund.
29—Sources of moneys in the Fund.
30—Purposes of the Fund.
31—Other sources of funds.
32—Declaration of assets, liabilities and expenditure in relation
to elections.
33—Publishing sources of funds.
34—Audit of political party accounts.
Part VI—General Provisions
35—Records of political party.
36—Duty of political party to inform Registrar.
37—Protection of Commission and Registrar.
38—Public meetings of political party.
39—Cancellation of registration of organizations declared to be
prohibited organizations.
40—Gazette notices.
41—Penalties.
42—Winding up political party.
43—Regulations.
Part VII—Transitional Provisions
44—Transitional provisions relating to existing political parties.
Schedules.
Company Law: Limited Partnership Act Cap 30
CHAPTER 30
THE LIMITED PARTNERSHIPS ACT
ARRANGEMENT OF SECTIONS
Section
1—Short title.
2—Interpretation.
3—Definition and constitution.
4—Registration required.
5—Modifications of general law.
6—Law as to private partnership to apply subject to this Act.
7—Manner and particulars of registration.
8—Registration of changes in partnerships.
9—Notice of general partner becoming a limited partner or of
assignment of share of limited partner to be advertised.
10—Ad valorem stamp duty on contributions by limited partners.
11—Making false returns to be an offence.
12—Registrar to file statement and issue certificate of registration.
13—Register and index to be kept.
14—Inspection of statements registered.
15—Rules.
Constitutional Law: Constitution of Kenya 2010
CONSTITUTION OF KENYA, 2010
ARRANGEMENT OF ARTICLES
PREAMBLE
CHAPTER ONE – SOVEREIGNTY OF THE PEOPLE AND
SUPREMACY OF THIS CONSTITUTION
Article
1. Sovereignty of the people.
2. Supremacy of this Constitution.
3. Defence of this Constitution.
CHAPTER TWO – THE REPUBLIC
4. Declaration of the Republic.
5. Territory of Kenya.
6. Devolution and access to services.
7. National, official and other languages.
8. State and religion.
9. National symbols and national days.
10. National values and principles of governance.
11. Culture.
CHAPTER THREE – CITIZENSHIP
12. Entitlements of citizens.
13. Retention and acquisition of citizenship.
14. Citizenship by birth.
15. Citizenship by registration.
16. Dual citizenship.
17. Revocation of citizenship.
18. Legislation on citizenship.
CHAPTER FOUR – THE BILL OF RIGHTS
PART 1 – GENERAL PROVISIONS RELATING TO
THE BILL OF RIGHTS
19. Rights and fundamental freedoms.
20. Application of Bill of Rights.
21. Implementation of rights and fundamental freedoms.
22. Enforcement of Bill of Rights.
23. Authority of courts to uphold and enforce the Bill of Rights.
24. Limitation of rights or fundamental freedoms.
25. Fundamental Rights and freedoms that may not be limited.
PART 2 – RIGHTS AND FUNDAMENTAL FREEDOMS
26. Right to life.
27. Equality and freedom from discrimination.
28. Human dignity.
29. Freedom and security of the person.
30. Slavery, servitude and forced labour.
31. Privacy.
32. Freedom of conscience, religion, belief and opinion.
33. Freedom of expression.
34. Freedom of the media.
35. Access to information.
36. Freedom of association.
37. Assembly, demonstration, picketing and petition.
38. Political rights.
39. Freedom of movement and residence.
40. Protection of right to property.
41. Labour relations.
42. Environment.
43. Economic and social rights.
44. Language and culture.
45. Family.
46. Consumer rights.
47. Fair administrative action.
48. Access to justice.
49. Rights of arrested persons.
50. Fair hearing.
51. Rights of persons detained, held in custody or imprisoned.
PART 3 – SPECIFIC APPLICATION OF RIGHTS
52. Interpretation of Part.
53. Children.
54. Persons with disabilities.
55. Youth.
56. Minorities and marginalised groups.
57. Older members of society.
PART 4 – STATE OF EMERGENCY
58. State of emergency.
PART 5 – KENYA NATIONAL HUMAN RIGHTS
AND EQUALITY COMMISSION
59. Kenya National Human Rights and Equality Commission.
CHAPTER FIVE – LAND AND ENVIRONMENT
PART 1 – LAND
60. Principles of land policy.
61. Classification of land.
62. Public land.
63. Community land.
64. Private land.
65. Landholding by non-citizens.
66. Regulation of land use and property.
67. National Land Commission.
68. Legislation on land.
PART 2 – ENVIRONMENT AND NATURAL RESOURCES
69. Obligations in respect of the environment.
70. Enforcement of environmental rights.
71. Agreements relating to natural resource.
72. Legislation relating to the environment.
CHAPTER SIX – LEADERSHIP AND INTEGRITY
73. Responsibilities of leadership.
74. Oath of office of State officers.
75. Conduct of State officers.
76. Financial probity of State officers.
77. Restriction on activities of State officers.
78. Citizenship and leadership.
79. Legislation to establish the ethics and anti-corruption commission.
80. Legislation on leadership.
CHAPTER SEVEN – REPRESENTATION OF THE PEOPLE
PART 1 – ELECTORAL SYSTEM AND PROCESS
81. General principles for the electoral system.
82. Legislation on elections.
83. Registration as a voter.
84. Candidates for election and political parties to comply with code of conduct.
85. Eligibility to stand as an independent candidate.
86. Voting.
87. Electoral disputes.
PART 2 – INDEPENDENT ELECTORAL AND BOUNDARIES
COMMISSION AND DELIMITATION OF ELECTORAL UNITS
88. Independent Electoral and Boundaries Commission.
89. Delimitation of electoral units.
90. Allocation of party list seats.
PART 3 – POLITICAL PARTIES
91. Basic requirements for political parties.
92. Legislation on political parties.
CHAPTER EIGHT – THE LEGISLATURE
PART 1 – ESTABLISHMENT AND ROLE OF PARLIAMENT
93. Establishment of Parliament.
94. Role of Parliament.
95. Role of the National Assembly.
96. Role of the Senate.
97. Membership of the National Assembly.
98. Membership of the Senate.
99. Qualifications and disqualifications for election as member of Parliament.
100. Promotion of representation of marginalised groups.
101. Election of members of Parliament.
102. Term of Parliament.
103. Vacation of office of member of Parliament.
104. Right of recall.
105. Determination of questions of membership.
PART 3 – OFFICES OF PARLIAMENT
106. Speakers and Deputy Speakers of Parliament.
107. Presiding in Parliament.
108. Party leaders.
PART 4 – PROCEDURES FOR ENACTING LEGISLATION
109. Exercise of legislative powers.
110. Bills concerning county government.
111. Special Bills concerning county governments.
112. Ordinary Bills concerning county governments.
113. Mediation committees.
114. Money Bills.
115. Presidential assent and referral.
116. Coming into force of laws.
PART 5 – PARLIAMENT’S GENERAL PROCEDURES AND RULES
117. Powers, privileges and immunities.
118. Public access and participation.
119. Right to petition Parliament.
120. Official languages of Parliament.
121. Quorum.
122. Voting in Parliament.
123. Decisions of Senate.
124. Committees and Standing Orders.
125. Power to call for evidence.
PART 6 – MISCELLANEOUS
126. Location of sittings of Parliament.
127. Parliamentary Service Commission.
128. Clerks and staff of Parliament.
CHAPTER NINE – THE EXECUTIVE
PART 1 – PRINCIPLES AND STRUCTURE OF THE NATIONAL EXECUTIVE
129. Principles of executive authority.
130. The National Executive.
PART 2 – THE PRESIDENT AND DEPUTY PRESIDENT
Article
131. Authority of the President.
132. Functions of the President.
133. Power of mercy.
134. Exercise of presidential powers during temporary incumbency.
135. Decisions of the President.
136. Election of the President.
137. Qualifications and disqualifications for election as President.
138. Procedure at presidential election.
139. Death before assuming office.
140. Questions as to validity of presidential election.
141. Assumption of office of President.
142. Term of office of President.
143. Protection from legal proceedings.
144. Removal of President on grounds of incapacity.
145. Removal of President by impeachment.
146. Vacancy in the office of President.
147. Functions of the Deputy President.
148. Election and swearing-in of Deputy President.
149. Vacancy in the office of Deputy President.
150. Removal of Deputy President.
151. Remuneration and benefits of President and Deputy President.
PART 3 – THE CABINET
152. Cabinet.
153. Decisions, responsibility and accountability of the Cabinet.
154. Secretary to the Cabinet.
155. Principal Secretaries.
PART 4 – OTHER OFFICES
156. Attorney-General.
157. Director of Public Prosecutions.
158. Removal and resignation of Director of Public Prosecutions.
CHAPTER TEN – JUDICIARY
PART 1 – JUDICIAL AUTHORITY AND LEGAL SYSTEM
159. Judicial authority.
160. Independence of the Judiciary.
161. Judicial offices and officers.
162. System of courts.
PART 2 – SUPERIOR COURTS
163. Supreme Court.
164. Court of Appeal.
165. High Court.
166. Appointment of Chief Justice, Deputy Chief Justice and other judges.
167. Tenure of office of the Chief Justice and other judges.
168. Removal from office.
PART 3 – SUBORDINATE COURTS
169. Subordinate courts.
170. Kadhis’ courts.
PART 4 – JUDICIAL SERVICE COMMISSION
171. Establishment of the Judicial Service Commission.
172. Functions of the Judicial Service Commission.
173. Judiciary Fund.
CHAPTER ELEVEN – DEVOLVED GOVERNMENT
PART 1 – OBJECTS AND PRINCIPLES OF DEVOLVED GOVERNMENT
174. Objects of devolution.
175. Principles of devolved government.
PART 2 – COUNTY GOVERNMENTS
176. County governments.
177. Membership of county assembly.
178. Speaker of a county assembly.
179. County executive committees.
180. Election of county governor and deputy county governor.
181. Removal of a county governor.
182. Vacancy in the office of county governor.
183. Functions of county executive committees.
184. Urban areas and cities.
185. Legislative authority of county assemblies.
PART 3 – FUNCTIONS AND POWERS OF COUNTY GOVERNMENTS
186. Respective functions and powers of national and county governments.
187. Transfer of functions and powers between levels of government.
PART 4 – THE BOUNDARIES OF COUNTIES
188. Boundaries of counties.
PART 5 – RELATIONSHIPS BETWEEN GOVERNMENTS
189. Cooperation between national and county governments.
190. Support for county governments.
191. Conflict of laws.
PART 6 – SUSPENSION OF COUNTY GOVERNMENTS
192. Suspension of a county government.
193. Qualifications for election as member of county assembly.
194. Vacation of office of member of county assembly.
195. County assembly power to summon witnesses.
196. Public participation and county assembly powers, privileges and immunities.
197. County assembly gender balance and diversity.
198. County government during transition.
199. Publication of county legislation.
200. Legislation on Chapter.
CHAPTER TWELVE – PUBLIC FINANCE
PART I – PRINCIPLES AND FRAMEWORK OF PUBLIC FINANCE
201. Principles of public finance.
202. Equitable sharing of national revenue.
203. Equitable share and other financial laws.
204. Equalisation Fund.
205. Consultation on financial legislation affecting counties.
PART 2 – OTHER PUBLIC FUNDS
206. Consolidated Fund and other public funds.
207. Revenue Funds for county governments.
208. Contingencies Fund.
PART 3 – REVENUE-RAISING POWERS AND THE PUBLIC DEBT
209. Power to impose taxes and charges.
210. Imposition of tax.
211. Borrowing by national government.
212. Borrowing by counties.
213. Loan guarantees by national government.
214. Public debt.
PART 4 – REVENUE ALLOCATION
215. Commission on Revenue Allocation.
216. Functions of the Commission on Revenue Allocation.
217. Division of revenue.
218. Annual Division and Allocation of Revenue Bills.
219. Transfer of equitable share.
PART 5 – BUDGETS AND SPENDING
220. Form, content and timing of budgets.
221. Budget estimates and annual Appropriation Bill.
222. Expenditure before annual budget is passed.
223. Supplementary appropriation.
224. County appropriation Bills.
PART 6 – CONTROL OF PUBLIC MONEY
225. Financial control.
226. Accounts and audit of public entities.
227. Procurement of public goods and services.
PART 7 – FINANCIAL OFFICERS AND INSTITUTIONS
Article
228. Controller of Budget.
229. Auditor-General.
230. Salaries and Remuneration Commission.
231. Central Bank of Kenya.
CHAPTER THIRTEEN – THE PUBLIC SERVICE
PART 1 – VALUES AND PRINCIPLES OF PUBLIC SERVICE
232. Values and principles of public service.
PART 2 – THE PUBLIC SERVICE COMMISSION
233. The Public Service Commission.
234. Functions and powers of the Public Service Commission.
235. Staffing of county governments.
236. Protection of public officers.
PART 3 – TEACHERS SERVICE COMMISSION
237. Teachers Service Commission.
CHAPTER FOURTEEN – NATIONAL SECURITY
PART 1 – NATIONAL SECURITY ORGANS
238. Principles of national security.
239. National security organs.
240. Establishment of the National Security Council.
PART 2 – THE KENYA DEFENCE FORCES
241. Establishment of Defence Forces and Defence Council.
PART 3 – THE NATIONAL INTELLIGENCE SERVICE
242. Establishment of National Intelligence Service.
PART 4 – THE NATIONAL POLICE SERVICE
243. Establishment of the National Police Service.
244. Objects and functions of the National Police Service.
245. Command of the National Police Service.
246. National Police Service Commission.
247. Other police services.
CHAPTER FIFTEEN – COMMISSIONS AND INDEPENDENT OFFICES
248. Application of Chapter.
249. Objects, authority and funding of commissions and independent offices.
250. Composition, appointment and terms of office.
251. Removal from office.
252. General functions and powers.
253. Incorporation of commissions and independent offices.
254. Reporting by commissions and independent offices.
CHAPTER SIXTEEN – AMENDMENT OF THIS CONSTITUTION
255. Amendment of this Constitution.
256. Amendment by parliamentary initiative.
257. Amendment by popular initiative.
CHAPTER SEVENTEEN – GENERAL PROVISIONS
Article
258. Enforcement of this Constitution.
259. Construing this Constitution.
260. Interpretation.
CHAPTER EIGHTEEN – TRANSITIONAL AND
CONSEQUENTIAL PROVISIONS
261. Consequential legislation.
262. Transitional and consequential provisions.
263. Effective Date.
264. Repeal of previous constitution.
SCHEDULES
FIRST SCHEDULE – COUNTIES
SECOND SCHEDULE – NATIONAL SYMBOLS
THIRD SCHEDULE – NATIONAL OATHS AND AFFIRMATIONS
FOURTH SCHEDULE – DISTRIBUTION OF FUNCTIONS BETWEEN
THE NATIONAL GOVERNMENT AND THE
COUNTY GOVERNMENTS
FIFTH SCHEDULE – LEGISLATION TO BE ENACTED BY
PARLIAMENT
SIXTH SCHEDULE – TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS
The Kenya Registered Land Act Cap 300
CHAPTER 300
THE REGISTERED LAND ACT
ARRANGEMENT OF SECTIONS
Section
Part I – Preliminary
1 - Short title.
2 - Application.
3 - Interpretation.
4 - Conflict with other laws.
Part II - Organization and Administration
Division 1- Land Registries and Officers
5 - Registration districts.
6 - Land registries.
7 - Appointment of officers.
8 - General powers of Registrar.
9 - Seal of registry.
Division 2- The Land Register
10 - The land register.
11 - Compilation of land register for special areas.
12 - Compilation of land register where land register under other
Acts, and of Government land and trust land.
13 - Transitional provisions.
14 - First registration.
15 - Manner of registration.
16 - New editions of register.
17 - Cancellation of obsolete entries.
Division 3- Maps, Parcels and Boundaries
18 - Registry map.
19 - Power to alter registry map and to prepare new editions.
20 - Further surveys.
21 - Boundaries.
22 - Fixed boundaries.
23 - Maintenance of boundary features.
24 - Interference with boundary features.
25 - Combinations and subdivisions.
26 - Reparcellation.
Part III - Effect of Registration
27 - Interest conferred by registration.
28 - Rights of proprietor.
29 - Voluntary transfer.
30 - Overriding interests.
31 - Entries to constitute actual notice.
Part IV - Title Deeds, Certificates of Lease
and Searches
32 - Title deeds and certificates of lease.
33 - Production of certificate.
34 - Dispositions of leases and charges.
35 - Lost or destroyed certificates.
36 - Searches and copies.
37 - Evidence.
Part V – Dispositions
Division 1- General
38 - Subsequent dealings.
39 - Protection of persons dealing in registered land.
39A - Vesting instruments and dispositions in the name of the
proprietor.
40 - Additional fee for delayed registration.
41 - Power to compel registration.
42 - Priority of registered interests.
43 - Stay of registration.
44 - Merger of registered interests.
Division 2- Leases
45 - Leases.
46 - Periodic tenancies.
47 - Registration of leases.
48 - Lessor’s consent to dealing with lease.
49 - Lease of charged land.
50 - Duration of leases.
51 - Future leases.
52 - Holding over.
53 - Agreements implied in leases on part of lessor.
54 - Agreements implied in leases on part of lessee.
55 - Meaning of “in repair”.
56 - Lessor’s right of forfeiture.
57 - Effect of forfeiture on subleases.
58 - Notice before forfeiture.
59 - Relief against forfeiture.
60 - Variation and extension of leases.
61 - Substitution of leases.
62 - Subleases.
63 - Surrender of leases.
64 - Determination of leases.
Division 3- Charges
65 - Form and effect of charges.
66 - Second or subsequent charges.
67 - Statutory charges.
68 - Presumption that money paid is interest.
69 - Agreements implied in charges.
70 - Chargee’s consent to transfer.
71 - Variation of charges.
72 - Right of redemption.
73 - Right of third party to transfer of charge.
74 - Chargee’s remedies.
75 - Chargee’s powers of leasing.
76 - Appointment, powers, remuneration and duties of receiver.
77 - Power of sale.
78 - Application of purchase money.
79 - Variation of powers.
80 - No right of entry into possession or foreclosure.
81 - Discharge of charge.
82 - Satisfaction of charges.
83 - Tacking and further advances.
84 - Consolidation.
85 - Transfer.
86 - Certificates as to payment of rates.
86A - Certificate as to rent.
87 - Transfer to take effect immediately.
88 - Conditions repugnant to interest transferred.
89 - Transfer of part.
90 - Transfers of leases.
91 - Effect of transfer on agreements in leases.
92 - Transfer subject to charge.
93 - Transfer subject to lease.
Division 5- Easements, Restrictive Agreements, Profits
and Licences
94 - Easements.
95 - Restrictive agreements.
96 - Profits.
97 - Release and extinguishment of easements, profits and
restrictive agreements.
98 - Discharge and modification of easements, profits and
restrictive agreements.
99 - Saving of certain rights.
100 - Licences.
Division 6- Co-proprietorship and Partition
101 - Registration of more than one proprietor.
102 - Characteristics of joint proprietorship and severance thereof.
103 - Characteristics of proprietorship in common.
104 - Partition.
105 - When Registrar may order sale.
106 - Procedure where share small.
Division 6A- Groups
106A - Groups.
Division 7- Succession on Death
107 - Succession on death.
Part VI - Instruments And Agents
108 - Form of instruments.
109 - Execution of instruments.
110 - Verification of execution.
111 - Stamps.
112 - Disposal of instruments.
113 - Minors.
114 - Agents and person under disability.
115 - Gift to person under disability.
116 - Powers of attorney.
117 - Effect of registered power of attorney.
Part VII - Transmissions and Trusts
118 - Transmission on death of joint proprietor.
119 - Transmission on death of sole proprietor or proprietor in
common.
120 - (Repealed).
121 - (Repealed).
122 - Effect of transmission on death.
123 - Transmission on bankruptcy.
124 - Liquidation.
125 - Transmission in other cases.
126 - Trusts not to be entered.
127 - Survivor of trustees.
Part VIII - Restraints on Disposition
Division 1- Inhibitions
128 - Power of court to inhibit registered dealings.
129 - Effect of inhibition.
130 - Cancellation of inhibition.
Division 2- Cautions
131 - Lodging of cautions.
132 - Notice, and effect of caution.
133 - Withdrawal and removal of caution.
134 - Second caution in respect of same matter.
135 - Wrongful cautions.
Division 3- Restrictions
136 - Restrictions.
137 - Notice and effect of restriction.
138 - Removal and variation of restrictions.
139 – 141 (Part IX)-(Repealed by 21 of 1968, Sch.).
Part X - Rectification and Indemnity
142 - Rectification by Registrar.
143 - Rectification by court.
144 - Right to indemnity.
145 - Amount of indemnity.
146 - Procedure for claiming indemnity.
147 - Recovery of indemnity paid.
148 - Errors in survey.
Part XI - Decisions of Registrars and Appeals
149 - Power of Registrar to state case.
150 - Appeals.
151 - Effect of appeal on disposition.
Part XII - Miscellaneous Provisions
152 - Addresses.
153 - Service of notices.
154 - Meaning of “opportunity of being heard”.
155 - Offences.
156 - Fees.
157 - Recovery of fees and expenses.
158 - Enforcement of Registrar’s orders for payment.
159 - Jurisdiction of courts.
160 - Rules.
161 - Saving of rights of Government and Trust Land Board.
162 - Act to bind Government.
163 - Application of common law.
164 - Indian Transfer of Property Act not to apply to registered
land.
The Kenya Citizenship Act
CHAPTER 170
THE KENYA CITIZENSHIPACT
ARRANGEMENT OF SECTIONS
Part I—Preliminary
Section
1—Short title.
2—Interpretation.
Part II—Citizenhip by Registration
3—Registration of persons of African descent.
4—Registration of minors.
5—Effect of registration as a citizen.
Part III—Renunciation and Deprivation of Citizenship
6—Renunciation of citizenship.
7—Effect of renunciation or deprivation of citizenship.
Part IV—Supplemental
8—Married women.
9—Decision of Minister to be final.
10—Manner of making applications.
11—Renunciation of citizenship of other
countries and declarations relating to residence.
12—Evidence.
13—Offences.
14—Regulations.
15—Inconsistency with Constitution.
16—Provisions relating to section 88 of the Constitution.
17—Provisions relating to section 92 (1) of the Constitution.
18—Provisions relating to section 97 of the Constitution.
SCHEDULE
(PDF)The Kenya Evidence Act Cap 80
or
Continue reading the Act online.
CHAPTER 80
EVIDENCE ACT
ARRANGEMENT OF SECTIONS
CHAPTER I – PRELIMINARY
Section
1. Short title.
2. Application.
3. Interpretation.
4. Presumptions of fact.
CHAPTER II – ADMISSIBILITY AND RELEVANCY
PART I – GENERAL
5. General restriction on admissibility of evidence.
6. Facts forming part of the same transaction.
7. Facts causing or caused by other facts.
8. Facts relating to motive, preparation and conduct.
9. Explanatory and introductory facts, etc.
10. Statements and actions referring to common intention.
11. Facts inconsistent with or affecting probability of, other facts.
12. Facts affecting quantum of damages.
13. Facts affecting existence of right or custom.
14. Facts showing state of mind or feeling.
15. Facts showing system.
16. Facts showing course of business.
PART II – ADMISSIONS
17. Admissions defined generally.
18. Statements by party to suit or agent or interested person.
19. Statements by persons whose position or liability must be proved as against party
to suit.
20. Statements by persons expressly referred to by party to suit.
20A. Proof of written statement by consent.
21. Proof of admissions against persons making them, and by or on their behalf.
22. Oral admissions as to contents of documents.
23. Admissions made without prejudice in civil cases.
24. Effect of admissions.
PART III – CONFESSIONS
25. Confession defined.
25A. Confessions generally inadmissible.
26. Confessions and admissions caused by inducement, threat or promise.
27. Confession made after removal of impression caused by inducement, threat or
promise.
28. Repealed.
Section
29. Confessions to police officers.
30. Repealed.
31. Repealed.
32. Confession implicating co-accused.
PART IV – STATEMENTS BY PERSONS
WHO CANNOT BE CALLED AS WITNESSES
33. Statement by deceased person, etc., when
34. Admissibility of evidence given in previous proceedings.
PART V – STATEMENTS IN DOCUMENTS
PRODUCED IN CIVIL PROCEEDINGS
35. Admissibility of documentary evidence as to facts in issue.
36. Weight to be attached to statement admissible under section 35.
PART VI – STATEMENTS UNDER SPECIAL CIRCUMSTANCES
37. Entries in books of account.
38. Entries in public records.
39. Statements, etc., in maps, charts and plans.
40. Statements of fact contained in laws and official gazettes, etc.
41. Statements as to law contained in books.
PART VII – EXTENT TO WHICH STATEMENT IS ADMISSIBLE
42. Extent of admissibility.
PART VIII – JUDGMENTS
43. Judgments, etc., excluding jurisdiction.
44. Judgments in rem.
45. Other judgments of a public nature.
46. Inadmissible judgments.
47. Proof that judgment was incompetent or obtained by fraud or collusion.
47A. Proof of guilt.
PART IX – OPINIONS
48. Opinions of experts.
49. Facts bearing upon opinions of experts.
50. Opinion as to handwriting.
51. Opinion relating to customs and rights.
52. Opinions of persons with special knowledge.
53. Opinion on relationship.
54. Grounds of opinion.
PART X – CHARACTER
Section
55. Character in civil cases.
56. Good character in criminal cases.
57. Bad character in criminal cases.
58. Definition of “character”.
CHAPTER III – PROOF
PART I – FACTS REQUIRING NO PROOF
59. Facts judicially noticed.
59A. Agreements on facts not in issue.
60. Facts of which court shall take judicial notice.
61. Facts admitted in civil proceedings.
PART II – ORAL EVIDENCE
62. Oral evidence.
63. Oral evidence must be direct.
63A. Teleconferencing and video conferencing.
PART III – DOCUMENTARY EVIDENCE
64. Proof of contents of documents.
65. Primary evidence.
66. Secondary evidence.
67. Proof of documents by primary evidence.
68. Proof of documents by secondary evidence.
69. Notice to produce a document.
70. Proof of allegation that persons signed or wrote a document.
71. Proof of execution of document required by law to be attested.
72. Proof where no attesting witness found.
73. Admission of execution of attested document.
74. Proof where attesting witness denies execution.
75. Proof of document not required to be attested.
76. Comparison of signatures, seals, etc.
77. Reports by Government analysts and geologists.
78. Photographic evidence—admissibility of certificate.
78A. Admissibility of electronic and digital evidence.
PART IV – PUBLIC DOCUMENTS
79. Distinction between public and private documents.
80. Certified copies of public documents.
81. Proof by certified copies.
82. Proof of certain public documents.
PART V – PRESUMPTIONS AS TO DOCUMENTS
83. Certified documents.
84. Records of evidence.
85. Gazette, etc., to be prima facie evidence.
86. Gazettes, newspapers, and documents produced from proper custody.
87. Publications generally.
88. Documents admissible in England.
Section
89. Maps or plans.
90. Law and judicial reports.
91. Powers of attorney.
92. Certified copies of foreign judicial records.
93. Books, maps and charts.
94. Telegraphic messages.
95. Presumption as to due execution, etc.
96. Documents twenty years old.
PART VI – EXCLUSION OF ORAL BY DOCUMENTARY EVIDENCE
97. Written contracts and grants.
98. Evidence of oral agreement.
99. Evidence to explain a patent ambiguity.
100. Evidence to show inapplicability.
101. Evidence to explain a latent ambiguity.
102. Evidence of application to one of several subjects.
103. Evidence of application to one of several sets of facts.
104. Evidence to explain, special words.
105. Evidence of variation given by third parties.
106. Wills.
PART VII – ELECTRONIC RECORDS
106A. Section 106B to apply in proof of electronic records.
106B. Admissibility of electronic records.
106C. Proof as to a electronic signature.
106D. Proof as to the verification of electronic signature.
106E. Presumption as to Gazette in electronic form.
106F. Presumption as to electronic agreements.
106G. Presumption as to electronic records and electronic signatures.
106H. Presumption as to electronic signature certificates.
106I. Presumption as to electronic messages.
CHAPTER IV – PRODUCTION AND EFFECT OF EVIDENCE
PART I– BURDEN OF PROOF
107. Burden of proof.
108. Incidence of burden.
109. Proof of particular fact.
110. Proof of admissibility.
111. Burden on accused in certain cases.
112. Proof of special knowledge in civil proceedings.
113. Repealed.
114. Repealed.
115. Disproving apparent special relationship.
116. Disproving ownership.
117. Proof of good faith.
118. Conclusive proof of legitimacy.
118A. Presumption of death.
119. Presumption of likely facts.
PART II – ESTOPPEL
120. General estoppel.
121. Estoppel of tenant or licensee.
122. Estoppel of acceptor of a bill of exchange.
123. Estoppel of a bailee, licensee or agent.
PART III – EVIDENCE OF CHILDREN
124. Corroboration required in criminal cases.
CHAPTER V – WITNESSES
PART I – COMPETENCY OF WITNESSES
125. Competency generally.
126. Dumb witnesses.
127. Competency of parties and spouses.
PART II – COMPELLABILITY AND PRIVILEGES OF WITNESSES
128. Compellability of ordinary witnesses.
129. Privilege of court.
130. Communications during marriage.
131. Privilege relating to official records.
132. Privilege of official communications.
133. Privilege relating to information of commission of offences.
134. Privilege of advocates.
135. Privilege of interpreters, and advocates’ clerks and servants.
136. Waiving of privilege of advocates, etc.
137. Communications with an advocate.
138. Title deeds and incriminating documents in hands of third party.
139. Privileged document in possession of another.
140. Bankers’ books.
141. Accomplices.
142. Privileges to exclude oral evidence of documents.
143. Number of witnesses.
PART II – EXAMINATION OF WITNESSES
144. Court to decide as to the admissibility of evidence.
145. Types of examination of witnesses.
146. Order and direction of examinations.
PART IV – QUESTIONING OF WITNESSES
147. Person called to produce a document.
148. Witness to character.
149. Meaning of leading question.
150. Leading questions in examination-in-chief and re-examination.
151. Leading questions in cross-examination.
152. Examination as to whether certain formal matters are contained in writing.
153. Cross-examination as to previous written statements.
154. Cross-examination as to credibility.
155. Compulsion to answer questions as to credit.
156. Cross-examination of accused person.
157. Discretion of court to compel witness to answer questions as to credit.
158. Necessity for grounds before attacking character.
159. Indecent or scandalous questions.
160. Insulting or annoying questions.
161. Discretion to allow cross-examination of own witness.
162. Exclusion of evidence to contradict a witness.
163. Evidence to impeach the credit of a witness.
164. Circumstantial questions to confirm evidence
165. Proof of consistency by former statements.
166. Evidence to test statement of person not available as witness.
PART V – REFRESHING OF MEMORY AND PRODUCTION OF DOCUMENTS
167. Refreshing memory by reference to contemporaneous writing.
168. Reference to accurate contemporaneous record though facts themselves not
specifically recalled.
169. Rights of adverse party as to contemporaneous writing.
170. Production of documents of doubtful admissibility.
171. Document produced in answer to notice to be given as evidence if required.
172. Consequence of refusal to produce document in answer to notice.
173. Extended powers of court for purpose of obtaining proper evidence.
PART V – QUESTIONS BY ASSESSORS
174. Deleted.
CHAPTER VI – IMPROPER ADMISSION AND REJECTION OF EVIDENCE
175. Effect of improper admission or rejection.
CHAPTER VII – BANKERS’ BOOKS
176. Mode of proof of entries in bankers’ books.
177. Proof and verification of copy.
178. Restriction on compelling production of banker’s book.
179. Inspection of bankers’ books.
180. Warrant to investigate.
181. Costs.
CHAPTER VIII – MISCELLANEOUS PROVISIONS
182. Saving for other laws.
183. Amendment of laws.
184. Repeals.
185. Cessation of application of Indian Evidence Act.
SCHEDULES
FIRST SCHEDULE – CERTIFICATE AS TO PHOTOGRAPHIC PRINT
OR ENLARGEMENT
SECOND SCHEDULE – ENACTMENTS REPEALED
Election Laws:The Kenya Election Offenses Act
ELECTION OFFENCES ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Interpretation.
3. Offences relating to register of voters.
4. Offences relating to multiple registration as a voter.
5. Offences relating to voting.
6. Offences by members and staff of the Commission.
7. Maintenance of secrecy at elections.
8. Personation.
9. Bribery.
10. Undue influence.
11. Use of force or violence during election period.
12. Use of national security organs.
13. Offences relating to elections.
14. Use of public resources.
15. Participation in elections by public officers.
16. Unlawful expenditure.
17. Offences relating to the use of technology in elections.
18. Employers to allow employees reasonable period for voting.
19. Aiding and abetting offences.
20. Breach of Electoral Code of Conduct.
21. Powers of prosecution.
22. Proceedings to be commenced within two years.
23. Power to appoint special magistrates.
24. General penalty.
25. Repeal of Part VI of No. 24 of 2012.
The Kenya Education Act Cap 211
CHAPTER 211
EDUCATION ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – PROMOTION OF EDUCATION
3. Minister to promote education.
4. Advisory councils.
4A. Minister may establish institutes.
5. Minister may entrust functions to local authority.
PART III – MANAGEMENT OF SCHOOLS
General
6. Management of schools.
Primary Schools Maintained by Local Authorities
7. Choice for primary schools now maintained by local authorities.
8 Transferred school formerly managed by church to have sponsor.
9. School committee.
Other Schools
10. Board of Governors.
11. Constitution and functions of Board of Governors.
12. Default by Board of Governors.
PART IV – REGISTRATION OF UNAIDED SCHOOLS
13. Register of unaided schools.
14. Application for registration.
15. Registration.
16. Closure of unaided school.
17. Regulations as to registration.
PART V – INSPECTION AND CONTROL OF SCHOOLS
18. Inspection of schools.
19. Regulations as to conduct of schools.
PART VI – EXAMINATIONS AND DIPLOMAS
20. Examinations and issue of certificates and diplomas.
21. No unauthorized issue of certificates or diplomas.
22. Regulations as to examinations, certificates and diplomas.
PART VII – THE KENYA INSTITUTE OF EDUCATION
Section
23. Establishment of Kenya Institute of Education.
PART VIII – MISCELLANEOUS
24. Area to be served by public school.
25. Medical examination.
26. Religious instruction in public schools.
27. Minister may give directions.
PART VIIIA – DISTRICT EDUCATION BOARDS
28. Establishment of Boards.
29. Memberships of Boards.
30. Procedure of Boards.
31. Functions of Boards.
32. Financial provisions.
33. Regulations.
PART IX – FINANCIAL
34. Use of public funds.
35. Regulations as to use of public funds.
36. Offences.
37. General power to make regulations.
38. Repeal of Cap. 211.
SCHEDULES
FIRST SCHEDULE – PROVISIONS AS TO ADVISORY COUNCILS
SECOND SCHEDULE – PERSONS WHO NEED NOT OBTAIN THE
MINISTERS’S PRIOR WRITTEN CONSENT TO THE
ISSUE OF CERTIFICATES AND DIPLOMAS
Copyright Law: The Kenya Copyright Act Cap 130
CHAPTER 130
THE COPYRIGHT ACT, 2001
ARRANGEMENT OF SECTIONS
Section
Part I- Preliminary
1- Short title and commencement.
2- Interpretation.
Part II- Administration
3- Establishment and incorporation of the Board.
4- Headquarters.
5- Functions of the Board.
6- Composition of the Board.
7- Functions and powers of the Board.
8- Conduct of business and affairs of the Board.
9- Remuneration of Board members.
10- Delegation by the Board.
11- Executive Director.
12- Staff of the Board.
13- The common seal of the Board.
14- Protection from personal liability.
15- Liability of the Board for damages.
16- Funds of the Board.
17- Financial year.
18- Annual estimates.
19- Accounts and audit.
20- Investment of funds.
21- Appeals.
Part III- Copyright And Other Related Rights
22- Works eligible for copyright.
23- Copyright by virtue of nationality or residence and
duration of copyright.
24- Copyright by reference to country of origin
25- Copyright in works of Government and international
bodies.
26- Nature of copyright in literary, musical or artistic works
and audio-visual works.
27- Broadcasting of works incorporated in audio-visual
works.
28- Nature of copyright in sound recording.
29- Nature of copyright in broadcasts.
30- Rights of performers.
31- First ownership of copyright.
32- Moral rights of an author.
33- Assignment and licences.
34- Rights of action and remedies of exclusive licensee and
sub-licensee.
Part IV- Infringement
35- Infringement.
36- Authentication of copyright works.
37- Anton piller orders.
38- Offences and penalties for infringement.
Part V- Inspection
39- Inspectors.
40- Entry into premises.
41- Mode of inspection.
42- Powers of arrest.
43- Conduct of prosecution.
44- Inspectors not personally liable for acts done under this
Act.
Part VI- Public Domain
45- Works in the public domain.
Part VII- Collective Administration Of Copyright
46- Collective administration of copyright.
47- Annual reports and accounts.
48- Appointment of competent authority and duties of
authority
Part VIII- Miscellaneous
49- Regulations and extension of application of the Act.
50- Application to works made before commencement of Act.
51- Abrogation of common law rights.
52- Repeal of Cap. 130 and savings.
Kenya Insurance Act Cap 487
CHAPTER 487
INSURANCE ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – THE INSURANCE REGULATORY AUTHORITY
3. Establishment of the Authority.
3A. Objects and functions of the Authority.
3B. Board of Directors.
3C. Powers of the Board.
3D. Remuneration of Board members.
3E. Commissioner of Insurance.
3F. Appointment of Secretary and other staff.
3G. Common seal of the Authority.
4. The Insurance Regulatory Authority Fund.
4A. Financial year and annual estimates.
4B. Accounts and audit.
4C. Supersession.
5. Particular duties of Commissioner.
6. Repealed.
7. Power to call for information and production of books or papers.
8. Examination of reinsurance treaties.
9. Directions and investigations.
10. Particular powers of Commissioner with regard to long term insurance business.
11. Investigations of associated persons.
12. Powers of investigator.
13. Protection for persons complying.
14. Person may be represented by an advocate.
15. Notes of examination of person.
16. Report of investigator.
17. Directions to person investigated.
18. Secrecy.
PART III – REGISTRATION OF INSURERS
19. Only authorized persons to carry on insurance business.
20. Placing of risks with insurers or reinsurers not registered under Act.
21. Closed fund business.
22. Prohibition of registration of certain persons.
23. Minimum capital requirements and holding by Kenya citizens.
24. Extension of time.
Section
25. Requirement as to capital structure and voting rights.
26. Provisions relating to the carrying on of both long term and general insurance
business.
27. One-third of boards to be citizens of Kenya.
27A. Qualifications of Board members.
28. Minimum assets in Kenya.
29. Appropriate reinsurance arrangements.
30. Application for registration.
30A. Opening of a branch.
31. Registration.
PART IV – DEPOSITS
32. Deposits.
33. Return of deposits if unregistered.
34. Deposits to be kept by Bank on behalf of insurer.
35. Substitution of deposits.
36. Investment of amount deposited.
37. Variation of deposits.
38. Use of deposits.
39. Return of deposits.
40. Increase of deposits.
PART V – ASSETS, LIABILITIES, SOLVENCY MARGINS AND INVESTMENTS
41. Margin of solvency.
42. Admitted assets.
43. Admitted liabilities.
44. Assessment of assets and liabilities.
45. Establishment of statutory fund.
46. Application of statutory fund.
47. Assets to be in the name of insurer.
48. Investment of assets.
49. Unsuitable investments.
50. Specified investments.
51. Restriction on mortgage, etc. of assets.
PART VI – ACCOUNTS, BALANCE SHEETS, AUDIT AND ACTUARIAL
INVESTIGATIONS
52. Separate accounts for each class.
53. Apportionment between classes.
54. Accounts and balance sheets.
55. Accounting records.
56. Audit and auditor’s certificate.
57. Actuarial investigation.
58. Actuarial valuations.
59. Returns.
60. Accounts and statements to be signed.
61. Submission of accounts and statements.
62. Further information.
63. Other reports.
64. Returns sufficient compliance with Companies Act.
65. Rectification of returns.
66. Penalty for false statements.
67. Penalty for failure to comply with requirements of Part.
PART VII – INSPECTION AND CONTROL OF INSURERS
67A. Inspection of insurers.
67B. Directions to person inspected.
67C. Power of the Commissioner to intervene in management.
67D Part to apply to unregistered and unauthorized persons.
67E. Power of inspector.
67F. Expenses under Part.
67G. Power to protect the assets of an insurer.
PART VII – MANAGEMENT AND EXPENSES
68. Approved principal officer to be appointed.
69. Directors, managers, employees and their remuneration.
70. Limitation of management expenses.
71. Restrictions on loans, advances, etc. by insurer.
72. Limitation on employment of managing agents.
PART VIII – RATES, POLICY TERMS AND CLAIMS SETTLEMENT
73. Restrictions on rebates, brokerage, etc.
74. Premium rates of life insurers.
75. Premium rates of general insurers.
76. Law applicable to contracts of insurance and place of payment.
76A. Insurance cover upon change of ownership of motor vehicle.
77. Defaults of insurer, broker or agent not to invalidate policy.
78. Avoidance of contracts for unlimited amounts.
79. Amounts and values in policies to be expressed in Kenya currency.
80. Proposal and policy documents not to be misleading.
81. Incorrect statements in proposals.
82. Effect of suicide or capital punishment on policy.
83. Particulars as to age of proposer for life assurance.
84. Notice regarding proof of age.
85. Procedure where insurer declines to accept proof of age.
86. Misstatement of age.
87. Objections to and return of life policy.
88. Paid up policies.
89. Surrender of policies.
90. Non-forfeiture of ordinary life policies in certain cases of non-payment of premiums.
91. Non-forfeiture of industrial policies in certain cases of non-payment of premiums.
92. Treatment of debts on grant of paid up policies.
93. Certain policies exempted from operation of sections 88 to 92.
94. Insurable interest essential for all policies.
95. Property in child’s advancement policy.
96. Limitation of amount payable on death of child.
97. Production of prescribed certificate of death.
98. Savings as to insurable interest.
99. Protection of insured’s interests.
100. Family insurance policies.
101. Probate or administration may be dispensed with in certain cases.
102. Death of owner of policy not being life insured.
103. Insurer not bound to see to application of payments.
104. Power to pay into court.
105. No deductions in respect of other policies.
106. Lost policies.
PART IX – ASSIGNMENTS, MORTGAGES AND NOMINATIONS
107. Assignments of policies.
108. Effect of notice of trust.
109. Assignment of policy to insurer issuing it not to merge rights etc., under policy.
110. Policies held by trustees.
111. Nomination by policy-holder.
PART X – CLAIMS ON SMALL LIFE POLICIES
112. Claims on small life policies.
PART XI – TRANSFERS AND AMALGAMATIONS
113. Application to amalgamate or transfer.
114. Notice.
115. Conditions for approval in relation to long term insurance business.
116. Further conditions for approval.
117. Approval or refusal.
118. Effect of approval under section 117.
PART XII – INSOLVENCY AND WINDING UP
119. Insurer defined for this Part.
120. Voluntary liquidation.
121. Winding up by court.
122. Insolvency.
123. Petitions for winding up.
124. Secondary companies.
125. Insurers being subsidiaries of non-insurers.
126. Supplementary provisions as to winding up.
127. Valuation of assets and liabilities.
128. Continuation of business of insurer in liquidation.
PART XIII – THE KENYA REINSURANCE CORPORATION
129. Repealed.
130. Repealed.
131. Repealed.
132. Repealed.
133. Repealed.
134. Repealed.
135. Repealed.
136. Repealed.
137. Repealed.
138. Repealed.
139. Repealed.
140. Repealed.
141. Repealed.
142. Repealed.
143. Repealed.
144. Repealed.
PART XIV – MANDATORY REINSURANCE CESSIONS
145. Certain business to be ceded to Kenya Reinsurance Corporation.
146. Power to decline business.
147. Payment.
148. Returns and information.
149. Offences and penalty.
PART XV – INTERMEDIARIES, RISK MANAGERS, MOTOR ASSESSORS,
INSURANCE INVESTIGATOR LOSS ADJUSTERS, INSURANCE SURVEYORS
MEDICAL INSURANCE PROVIDER AND CLAIMS SETTLING AGENTS
150. Only registered brokers, agents, risk managers, loss assessors, loss adjusters,
surveyors and claims settling agents to carry on business.
150A. Registration of medical insurance providers.
151. Application for registration.
152. Disqualifications.
153. Registration and re-registration.
154. Business by agents.
155. Returns.
156. Advance payment of premiums.
PART XVI – THE INSURANCE ADVISORY BOARD OF KENYA
157. Repealed.
158. Repealed.
159. Repealed.
160. Repealed.
161. Repealed.
162. Repealed.
163. Repealed.
PART XVII – ADVERTISEMENTS AND STATEMENTS
164. Misleading advertisements, etc., prohibited.
165. Advertisements relating to capital.
166. Issue of shares or debentures by companies.
167. Publication of returns.
168. Protection for official acts.
169. The Tribunal.
170. Powers of Tribunal.
171. Enforcement of orders for costs.
172. Penalty for disobedience of summons to give evidence, etc.
173. Appeals from Commissioner’s decisions.
174. Cognisance of offences and restrictions on institution of proceedings.
175. Criminal liability of directors, etc.
176. Criminal proceedings against unincorporated bodies.
177. Documents to be received in evidence.
178. General penalty.
PART XIX – MINISTER’S POWERS
179. Policy Holders’ Compensation Fund.
179A. Protection from personal liability.
180. Power to prescribe.
181. Power of exemption.
PART XX – GENERAL PROVISIONS RELATING TO REGISTRATIONS AND
CERTIFICATES
182. Interpretation of Part.
183. Register of authorized persons to be kept by Commissioner.
184. Notification of registered persons.
185. Inspection of registers.
186. Evidence of matters in register.
187. Alteration of registration.
188. Expiry and renewal of registration.
189. Issue, display and surrender of certificates.
190. Name of registered person.
191. Prohibition of other business.
192. Further information.
193. Alterations in particulars furnished.
194. False or misleading statements.
195. Refusal to register.
196. Cancellation of registration.
196A. Notification of cancellation of registration.
197. Records to be maintained by registered persons.
PART XXA – THE INSURANCE PREMIUM LEVY
197A. Imposition of Insurance Premium Levy.
PART XXB – INSURANCE TRAINING LEVY
197B. Imposition of Insurance Training Levy.
197C. Offences and penalties.
197D. Examination and production of documents.
197E. Regulations under Part XXA and Part XXB.
197F. Repealed.
197G. Repealed.
197H. Repealed.
197I. Repealed.
197J. Repealed.
197K. Repealed.
PART XXI – SUPPLEMENTARY PROVISIONS
198. Service of notice on registered persons.
199. Service of notice on policy-holder.
200. Conversion of currency.
201. Consent of Commissioner required for insurance.
202. Printing of documents.
203. Settlement of claims.
204. Appointment of public prosecutors.
SCHEDULES
FIRST SCHEDULE – PROVISIONS AS TO THE CONDUCT OF BUSINESS
AND AFFAIRS OF THE BOARD
SECOND SCHEDULE – MINIMUM CAPITAL REQUIREMENT
Kenya Land Titles Act Cap 282
CHAPTER 282
THE LAND TITLES ACT
ARRANGEMENT OF SECTIONS
Part I—Preliminary
Section
1—Short title.
2—Application.
3—Interpretation.
Part II—Adjudication of Claims
4—Recorder of Titles.
5—Deputy Recorder of Titles may perform acts of
Recorder of Titles.
6—Jurisdiction of Land Registration Court.
7—Judgments of Recorder of Titles to be final and conclusive,
subject to appeal.
8—Recording of proceedings; consolidation of claims.
9—Venue of Court.
10—Qualified surveyor to be attached to Court.
11—Oath of Recorder of Titles.
12—Seal of Recorder of Titles.
13—Presumption of authenticity of documents of Recorder of
Titles.
14—Alteration of forms.
15—Making of claims.
16—District Commissioner to give notice to residents;
and may sign claims of illiterates.
17—All land for which no certificate of ownership granted
deemed Government land.
18—Recorder of Titles to deal with claims.
19—Representation of interested persons.
20—Certificate of title to be granted to successful claimant.
21—Effect of certificate of title.
22—Boundaries to be shown on plan and to be marked on the
land; penalty for alteration of boundary marks.
23—Instruments of title to be deposited with Recorder of Titles
on issue of certificate of title.
24—Endorsement of instrument relating to other property;
Recorder of Titles to retain instruments deposited.
25—Death of claimant
26—Recorder of Titles to keep register of certificates of title.
27—Contents of certificate of title.
28—Matters excepted from certificates of title.
29—When certificate of title deemed to be registered.
30—Certified copies.
31—Search of register.
32—All claims to be authenticated by claimant.
33—Court fees and costs.
34—Action to recover possession of land to lie in certain cases.
35—Notice of action; limitation of actions.
36—Protection of purchasers, lessees and mortgagees.
37—Rights barred if no claim made.
38—Saving of rights of Government and of public.
39—Recorder of Titles may summon person to produce
certificate of title for cancellation or correction.
40—Procedure on summons.
41—Recorder of Titles may issue secondary certificate of title.
42—Notice to be given before issue of such certificate.
43—Offences and penalties.
44—Conviction not to affect remedy of persons injured.
45—Recorder of Titles may issue writ of possession in favour
of Government.
46—Persons hindering execution of writ may be called upon
to show cause.
47—Penalty for hindering execution of writ.
48—Exemption from stamp duty.
49—Fees.
50—Payment of fees.
51—Protection of Recorder of Titles.
52—Grant of certificate of title where claimant has agreed to
exchange with Government.
53—Grant of certificate of title where no valid claim made.
Part III—Registration of Documents After Certificate of
Ownership Granted
54—Application of Part.
55—Interpretation of Part.
56—Principal Registrar and registrars.
57—Documents to be registered.
58—Effect of non-registration.
59—No charge to be created except by registered document.
60—Priority given by registration not by execution.
61—Registration of judgments, decrees and orders of court.
62—Registration of probates and letters of administration.
63—Provision regarding property in local authority area.
64—Registrar may call for proof and give notice to third
parties.
65—Plans and descriptions of property.
66—Mode of description of property.
67—Admission of documents containing insufficient
description or particulars.
68—Documents unsuitable for photostat copying.
69—Appeal from order refusing registration.
70—Where registration ordered conditionally.
71—Document not written in specified language to be
accompanied by translation.
72—Caveats.
73—Fee to be paid before registration.
74—Method of registration.
75—Document when registered to be endorsed by registrar.
76—Where holdings lying in two or more registration areas.
77—Power of registrar to hold inquiry.
78—Appeals to High Court.
79—Protection of registrars.
80—Searches.
81—Errors in register may be corrected.
82—Cancellation of determined entries and destruction of
spent documents.
83—Cap. 285 not to apply to documents registrable under this
Act.
Part IV—Supplemental
84—Saving of things done under certain rules.
85—Where claimant transfers land, transferee may give notice
of transfer.
86—Transferee may be heard as if he had made claim for
ownership.
87—Recorder of Titles to adjudicate as if original claimant and
transferee had made claim.
88—Notice of transfer made after Recorder of Titles’ judgment
but before issue of certificate.
89—Recorder of Titles to give effect to such transfer.
90—Transferee to pay cost of additional survey or marks, etc.
91—Notice of mortgage or other interest created after time for
making claims has expired but before grant of certificate.
92—Recorder of Titles to adjudicate on such mortgage or
interest.
93—Notice of transfer of mortgage or other interest after time
for making claims has expired but before grant of
certificate.
94—Power of Recorder of Titles to grant certificate
of mortgage or other interest.
95—Claims by persons having Government titles.
96—Certificates of title in respect of Government land to be
registered in Government lands register.
97—Part III not to apply to entries in Government lands
register.
98—Issue of decree by Recorder of Titles and execution
thereof.
99—Rules.
SCHEDULES
The Kenya Public Order Act Cap 56
CHAPTER 56
PUBLIC ORDER ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II – QUASI-MILITARY ORGANISATIONS AND POLITICAL UNIFORMS
3. Prohibition of organisations equipped to usurp functions of police, etc.
4. Prohibition of uniforms, etc., in connection with political objects.
PART III – PUBLIC GATHERINGS
5. Regulation of Public Meetings and Processions.
6. Prohibition of offensive weapons at public meetings and processions.
7. Power to prohibit entertainments and sporting events.
PART IV – CURFEW ORDERS AND CURFEW RESTRICTION ORDERS
8. Curfew orders.
9. Curfew restriction orders.
PART V – FLAGS, BANNERS AND EMBLEMS
10. Repealed.
PART VI – FURTHER PROVISIONS TO SAFEGUARD PUBLIC ORDER
11. Possession of offensive weapon in public place.
12. Repealed.
13. Award of compensation to sufferers from misconduct of inhabitants of area declared
under section 106 of Cap. 84.
PART VII – GENERAL
14. Restriction on use of force.
15. Service of documents.
16. Presumption of authenticity of certificates.
17. Penalty.
18. Offences by corporations, societies, etc.
19. Offences to be cognisable; and consent of Attorney-General.
20. Proof of instigation, lawful authority or excuse.
21. Jurisdiction.
22. Regulations.
The Kenya Police Act Cap 84
CHAPTER 84
THE POLICE ACT
ARRANGEMENT OF SECTIONS
Part I—Preliminary
Section
1—Short title.
2—Interpretation.
Part II—Constitution and Administration
3—Composition of the Force.
4—Commissioner may delegate his powers.
5—Force standing orders.
6—Repealed.
7–Declaration on joining the Force.
8—Certificate of appointment.
9—Police officers prohibited from taking other employment.
10—Prolongation of service in case of war, etc.
11—Restrictions on resignation of inspectors and subordinate
officers.
12—Repealed.
13—Surrender of public property on resignation, etc.
Part III—Duties, Powers and Privileges
14—Functions of the Force.
14A—Control and conduct of Force in executing function.
15—Obedience to orders and warrants, prevention and
detection of crime, etc.
16—Maintenance of order on roads, etc.
17—Unclaimed property.
18—Police station records.
19—Power to lay complaints, apply for warrants, etc.
20—Power to search without warrant in special circumstances.
21—Power to take photographs, X-rays, fingerprints, etc.
22—Power to compel attendance at police station or office.
23—Power to require bond for attendance at court.
24—Police bail bonds, etc., to issue free of charge.
25—Power to inspect licences and vehicles.
26—Road barriers.
27—Prohibition or restriction of traffic.
28—Power to use arms.
29—Powers, etc., whilst engaged on duties of prison officer.
30—Non-liability for act done in obedience to warrant.
31—Repealed.
Part IV—Discipline
32—Repealed.
33—Power to summon witnesses.
34—Powers of arrest for disciplinary offences.
35
36
37
Repealed.
38—Recovery of fines by deduction from salary.
39—Loss or damage to property to be made good by
stoppage of pay.
40—Prohibition against police officer being member of trade
union.
41—Desertion.
42—Traitorous or disloyal language.
43—Penalty for mutiny and sedition, and for failing to
suppress or report same.
44—Interdiction.
Part V—Private Use of Police and Provision for
Additional Police Officers
45—Private use of police on application.
46—Employment of additional officers on private property.
47—Additional officers for disturbed or dangerous areas.
48—Power to appoint special police officers.
Part VI—Reciprocal Arrangements with Neighbouring
Countries
49—Reciprocating country defined.
50—Service of police officers in neighbouring country.
51—Service of police officers of neighbouring country in
Kenya.
52—Repealed.
Part VII—Kenya Police Reserve
53—Composition of the Reserve.
Arrangement Of Sections—(Contd.)
Section
54—Repealed.
55—Period of service in the Reserve.
56—Repealed.
57—Employment and calling out of the Reserve.
58—Disciplinary powers over Reserve officers.
Part VIII—General
59—Unlawful possession of police property, personation, etc.
60—Disorderly conduct in police building, etc.
61—Penalty for causing disaffection, etc., among police
officers.
62—Liability of police officers to prosecution under other
laws.
63—General penalty.
64—Application of Code of Regulations.
65—Regulations.
Schedules.
Kenya Employment Act Cap 226
CHAPTER 226
EMPLOYMENT ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
3. Application.
PART II – GENERAL PRINCIPLES
4. Prohibition against forced labour.
5. Discrimination in employment.
6. Sexual harassment.
PART III – EMPLOYMENT RELATIONSHIP
7. Contract of service.
8. Oral and written contracts.
9. General provision of contract of service.
10. Employment particulars.
11. Statement of initial particulars.
12. Statement on disciplinary rules.
13. Statement of changes.
14. Reasonably accessible document or collective agreement.
15. Informing employees of their rights.
16. Enforcement.
PART IV – PROTECTION OF WAGES
17. Payment, disposal and recovery of wages, allowances, etc.
18. When wages or salaries due.
19. Deduction of wages.
20. Itemised pay statement.
21. Statement of statutory deductions.
22. Power to amend provisions on pay and statements of deductions.
23. Security bond for wages.
24. Death of an employee.
25. Repayment of remuneration wrongfully withheld or deducted.
PART V – RIGHTS AND DUTIES IN EMPLOYMENT
26. Basic minimum conditions of employment.
27. Hours of work.
28. Annual leave.
29. Maternity leave.
30. Sick leave.
31. Housing.
32. Water.
33. Food.
34. Medical attention.
PART VI – TERMINATION AND DISMISSAL
35. Termination notice.
36. Payment in lieu of notice.
37. Conversion of casual employment to term contract.
38. Waiver of notice by employer.
39. Contract expiring on a journey may be extended.
40. Termination on account of redundancy.
41. Notification and hearing before termination on grounds of misconduct.
42. Termination of probationary contracts.
43. Proof of reason for termination.
44. Summary dismissal.
45. Unfair termination.
46. Reasons for termination or discipline.
47. Complaint of summary dismissal and unfair termination.
48. Representation.
49. Remedies for wrongful dismissal and unfair termination.
50. Courts to be guided.
51. Certificate of service.
PART VII – PROTECTION OF CHILDREN
52. Interpretation.
53. Prohibition of worst forms of child labour.
54. Complaint to the labour officer or police officer.
55. Powers of labour officer to cancel and prohibit contracts.
56. Prohibition of employment of children between thirteen years and sixteen years of
age.
57. Prohibition of written contracts for child between thirteen and sixteen years of age.
58. Restriction in employing child of between thirteen and sixteen years of age to
attend machinery.
59. Time restriction in employing a child.
60. Emergencies.
61. Registers of child in employment.
62. Medical examination of a child employee.
63. Determination of age.
64. Penalty for unlawful employment of child.
65. Penalty in case of death or injury of a child.
PART VIII – INSOLVENCY OF EMPLOYER
66. Insolvency of employer.
67. Definition of insolvency.
68. Debts to which this Part applies.
69. Limitation on amount payable under section 68.
70. Role of relevant officer.
71. Complaint to Industrial Court.
72. Transfer of rights and remedies.
73. Power to obtain information.
PART IX – EMPLOYMENT RECORDS
74. Records to be kept by employer.
75. False entries, etc.
PART X – EMPLOYMENT MANAGEMENT
76. Notification of vacancies.
77. Notification of filling or abolition of post.
78. Notification of termination of employment.
79. Register of employees.
80. Exemptions.
81. Offence under this Part.
PART XI – FOREIGN CONTRACTS OF SERVICE
82. Application of this Part.
83. Form and attestation.
84. Requirement before attestation.
85. Security in foreign contract of service.
86. Offence to induce person to proceed abroad under informal contract.
PART XII – DISPUTES SETTLEMENT PROCEDURE
87. Complaint and jurisdiction in cases of dispute between employers and employees.
88. General penalty and offences under other laws.
89. Savings of contracts of service made abroad.
90. Limitations.
PART XIII – MISCELLANEOUS PROVISIONS
91. Rules.
92. Repeal of Cap. 226 and savings.
93. Transitional provisions.
Partnership Act of Kenya
NO. 16 OF 2012
PARTNERSHIPS ACT
ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title and commencement.
2. Interpretation.
3. Bodies excluded from scope of this Act.
4. Liability of partners.
5. Variation of Partnership agreement.
6. When Default rule applies.
PART II – GENERAL PARTNERSHIPS
7. The carrying on of partnership business.
8. Partnership to have unlimited capacity.
9. Incapacity to commit offences.
Good faith and disclosure
10. Duty of good faith.
11. Duty of disclosure on forming or joining a partnership.
Share of profits and management of business.
12. Share of profits and losses.
13. Remuneration, expenses, personal liabilities.
14. Capital contribution by partner.
15. Management of partnership business and affairs.
16. Accounting and partnership records.
Power of partners to bind partnership
17. Partnership bound by acts of partners carrying on business in usual manner.
Partnership property
18. Rules for identifying partnership property.
19. Land acquired out of partnership profits.
20. Execution of deeds.
Liability of partnership
21. Liability of partnership for loss or injury caused by partner.
22. Unlimited liability of partners.
23. Secondary nature of partner’s liability.
24. Chief Justice may make rules on partner’s secondary liability.
25. Non-Partners who are liable by “holding out”.
Change in partners
26. Admission of new partners.
27. Ceasing to be a partner.
28. Resignation of a partner.
29. Power to expel a partner.
30. Realization of shares of former partner (other than on winding up).
31. Liability of former partner for obligations incurred while a partner.
32. Former partners: indemnity and contribution, and return of property.
33. Restrictions on liability of former partners or employees by “holding out”.
34. Position of assignee of partner’s share.
Break up of partnership
35. Break up of partnership.
36. Effects of break up.
37. Restriction on ceasing to be a partner on or after break up.
Changes in partners and break up of partnerships
38. Publicity for departure of partner or break up of partnership.
39. Protection for property acquired after break up.
Winding up and dissolution of partnership
40. Winding up by partners.
41. Distribution of partner’s assets on winding up.
42. Dissolution of partnership which has broken up.
Court’s powers in relation to partnerships
43. Power of Court to make order charging partner’s share.
44. Power of Court to make order removing partner or breaking up partnership.
45. Order to specify date of removal or break up.
46. Combination orders.
47. Court may give directions.
48. Fraud, misrepresentation or non-disclosure.
49. Meaning of “non disclosure”.
50. Interim orders.
51. Order breaking up partnership on application of the Minister.
52. Power of Court to appoint liquidator.
53. Order appointing provisional liquidator.
54. Order for repayment of premium on premature breakup of partnership.
55. Order for benefit of former partner.
PART III – LIMITED PARTNERSHIPS
Limited partners and limited liability
56. What constitutes to a limited partnership.
57. Becoming and ceasing to be a limited partner.
58. Role of limited partner to be restricted.
59. Limited partner’s liability to be limited.
60. General applicant of Act to limited partnerships.
61. Rights and duties of the partners, etc.
62. Changes in partners.
63. Break up and winding up of limited partnership.
64. Limited partnership Registered Office.
65. Name of a limited partnership.
66. Improper use of the expression “limited partnership”, etc.
67. Information to be provided on partnership documents.
68. Application for registration.
69. Registration and registration certificate.
70. Registration of charges, deregistration and other matters.
71. Offences of providing false information.
72. Offences by bodies corporate.
73. Evidence.
74. Disclosure of information about partners, etc.
PART IV – MISCELLENEOUS PROVISIONS
75. Rules.
76. Regulations.
77. Repeal of Cap. 29.
78. Transitional provisions.
79. Amendment of Cap. 22.