EAST AFRICA Order In Council, 1902. (a)
| Jurisdiction | UK Non-devolved |
| Citation | SI 1902/661 |
| Year | 1902 |
1902 No. 661
FOREIGN JURISDICTION
(2) East Africa
Appeals to H.M. in Council see the title "Judicial Committee".
(i) Kenya Protectorate (formerly known as the East Africa Protectorate)
[See the title "Kenya Colony" for Orders in Council relating to Boundaries, the High Commissioner, Native Areas and Transport (otherwise than by Air).]
Organisation
THE EAST AFRICA ORDER IN COUNCIL, 1902. (a)PRESENT,
The King's Most Excellent Majesty in Council.
Whereas the territories of Africa situate within the limits of this Order are under the protection of His Majesty the King, and are known as the East Africa Protectorate;
And whereas by treaty, grant, usage, sufferance, and other lawful means, His Majesty has power and jurisdiction within the said territories:
53 & 53 Vict. c. 37.
Now, therefore, His Majesty, by virtue, and in exercise of the powers on this behalf by the Foreign Jurisdiction Act, 1890, or otherwise, in His Majesty vested, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:—
Preliminary
1. This Order may be cited as "The East Africa Order in Council, 1902".
The limits of this Order are the territories comprised in the East Africa Protectorate, which includes the territories bounded on the east and north-east by the Indian Ocean, the Juba River, the south-western
(a) See now, generally, the Kenya Protectorate Order in Council, 1920 (S.R. & O. 1920 No. 2343), p. 258 below.
boundary of the Italian sphere, on the north by the Abyssinian frontier, on the west by the Uganda Protectorate, and on the south by the German sphere, and includes all adjacent islands between the mouths of the Rivers Juba and Umba. (a)
The said territories are in this Order referred to as "East Africa" and "the Protectorate".
If His Majesty is pleased to direct that any other territories, for the time being under the protection of His Majesty, shall form part of the East Africa Protectorate, those territories shall, from and after a date to be fixed by an Order of the Secretary of State, be deemed to be within the limits of this Order. In like manner, if His Majesty is pleased to direct that any territories for the time being forming part of the East Africa Protectorate shall cease to form part thereof, those territories shall, from and after a date to be fixed by an order of the Secretary of State, cease to be within the limits of this Order.
2. In this Order—
"Secretary of State" means one of His Majesty's Principal Secretaries of State;
"Crown Lands" means all public lands in East Africa which are subject to the control of His Majesty by virtue of any Treaty, Convention, or Agreement, or of His Majesty's Protectorate, and all lands which shall have been acquired by His Majesty for the public service or otherwise howsoever;
"Gazette" means the Gazette of the East Africa Protectorate;
"Person" includes Corporation;
Words importing the plural or the singular may be construed as referring to one person or thing, or to more than one person or thing, and words importing the masculine as referring to females (as the case may require).
3.—(1) Where this Order or any Ordinance confers a power or imposes a duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires.
(2) Where this Order or any Ordinance confers a power or imposes a duty on the holder of an office, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by the holder of the office for the time being, or by a person duly appointed to act for him.
(3) Where this Order or any Ordinance confers a power to make rules, regulations, or orders, then, unless a contrary intention appears, the power shall be construed as including a power, exercisable in the like manner and subject to the like approval and conditions (if any) to rescind, revoke, amend, or vary the rules, regulations, or orders.
(4) Expressions defined in this Order shall have the same respective meanings in any Ordinances, rules, or regulations made under this Order, unless a contrary intention appears.
(a) See footnote to previous page.
Administration
4 and 5. [Revoked by S.R. & O. 1906 No. 806 at p. 258 below.]
6.—(1) The Governor may, with the approval of the Secretary of State, by Proclamation, define any boundaries of the territories for the time being within the limits of this Order, and divide those territories into provinces or districts in such manner and with such sub-divisions as may be convenient for purposes of administration, describing the boundaries thereof and assigning names thereto.
(2) If a question arises whether any place is or is not within the Protectorate, or within any province, and such question does not appear to be determined by any such Proclamation, or other evidence, it shall be referred to the Governor, and a certificate under his hand and seal shall be conclusive on the question, and judicial notice shall be taken thereof. (a)
7.—(1) All rights of His Majesty in or in relation to any Crown lands shall vest in and may be exercised by the Governor for the time being in trust for His Majesty, or if the Secretary of State at any time with respect to all or any such lands by order under his hand so directs, in such other trustee or trustees for His Majesty as the...
To continue reading
Request your trial