Kenya (Constitution) (Amendment No. 2) Order in Council, 1960
| Jurisdiction | UK Non-devolved |
| Citation | SI 1960/2201 |
1960 No. 2201
The Kenya (Constitution) (Amendment No. 2) Order in Council, 196030thNovember 1960
6thDecember 1960
7thDecember 1960RemainderOn a date to be appointed by the Governor.
At the Court at Buckingham Palace, the 30th day of November, 1960
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in this behalf by the British Settlements Acts, 1887 and 1945(a), the Foreign Jurisdiction Act, 1890(b), or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, construction and commencement
1.—(1) This Order may be cited as the Kenya (Constitution) (Amendment No. 2) Order in Council, 1960, and shall be construed as one with the Kenya (Constitution) Order in Council, 1958(c), the Kenya (Constitution) (Amendment) Order in Council, 1959(d), and the Kenya (Constitution) (Amendment) Order in Council, 1960(e).
(2) The Kenya (Constitution) Order in Council, 1958, the Kenya (Constitution) (Amendment) Order in Council, 1959, the Kenya (Constitution) (Amendment) Order in Council, 1960, and this Order may be cited together as the Kenya (Constitution) Orders in Council, 1958 to 1960.
(3) Section 1 of the Kenya (Constitution) (Amendment) Order in Council, 1960, is amended by the deletion from subsection (1) of all words after the words "Order in Council, 1960".
(4) Save as otherwise provided in this Order, the provisions of this Order shall come into operation on such date, not being earlier than the 7th day of December, 1960, as the Governor may, in his discretion, appoint by proclamation published in the Gazette:
Provided that different dates may be appointed for the coming into operation of different provisions of this Order.
Amendment of Order of 1958
2. Section 2 of the Kenya (Constitution) Order in Council, 1958 (hereinafter referred to as "the principal Order") is amended—
(a) by the insertion after the definition of "the Colony" in subsection (1) of the following definition—
"'elector' means an elector for the purposes of the election of Constituency Members of the Legislative Council";
(a) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
(b) 53 & 54 Vict. c. 37.
(c) S.I. 1958/600 (1958 I, p. 961).
(d) S.I. 1959/1302 (1959 I, p. 982).
(e) S.I. 1960/703 (Pt. I, p. 1218, of this vol.).
(b) by the deletion of the words "Assistant Minister" in the definition of "public office" in subsection (1) and the substitution of the words "Parliamentary Secretary";
(c) by the insertion after subsection (5) of the following subsection—
"(5A) Any reference in this Order to a law, or to any provision of a law, enacted by the legislature of Kenya, shall, unless the context otherwise requires, be construed as including a reference to any other law amending or replacing such law or provision or amending any law replacing the same.".
3. Section 6 of the principal Order is revoked.
4. Section 11 of the principal Order (as amended by the Kenya (Constitution) (Amendment) Order in Council, 1960) is amended by the deletion of subsection (2) and the substitution of the following subsection—
"(2) Subject to section 16 of this Order, the Council of Ministers shall consist of not more than twelve persons who shall be appointed by the Governor by instrument under the public seal in pursuance of instructions given to him by Her Majesty through a Secretary of State, and of whom not less than four shall be public officers."
5. Section 22 of the principal Order is amended—
(a) by the deletion from subsection (1) of the words "not more than six persons (who shall be styled "Assistant Ministers")" and the substitution of the words "as many persons as he may think fit (who shall be styled "Parliamentary Secretaries")";
(b) by the deletion from subsection (2) of the words "an Assistant Minister" wherever they occur and the substitution therefor of the words "a Parliamentary Secretary";
and the marginal note to the section shall be amended accordingly.
6. Part IV of the Principal Order is revoked and the following Part is substituted therefor—
"PART IV
LEGISLATIVE COUNCIL
Legislative Council.
23.—(1) There shall be a Legislative Council in and for Kenya.
(2) Subject to the provisions of this Part, the Legislative Council shall consist of—
(a) a Speaker appointed in accordance with section 24 of this Order;
(b) the persons (who shall be styled "Ex officio Members") who for the time being are Ministers or temporary Ministers and are not members of the Legislative Council under any other provision of this Part;
(c) fifty-three persons (who shall be styled "Constituency Members") elected in accordance with the provisions of any law enacted in pursuance of section 25 of this Order;
(d) twelve persons (who shall be styled "National Members") elected in accordance with the provisions of regulations made under section 26 of this Order;
(e) such persons (who shall be styled "Nominated Members") as may be appointed by the Governor by instrument under the public seal in pursuance of instructions given to him by Her Majesty through a Secretary of State.
The Speaker and Deputy Speaker.
24.—(1) The Speaker of the Legislative Council shall be appointed by the Governor by instrument under the public seal in pursuance of instructions given to him by Her Majesty through a Secretary of State.
(2) The Speaker shall hold his office during Her Majesty's pleasure, but shall in any case vacate his office—
(a) at such time (if any) as may be provided by the instrument by which he is appointed; or
(b) if he resigns his office by writing under his hand addressed to the Governor.
(3) The Governor may in his discretion, by instrument under the public seal, appoint any member of the Legislative Council (other than a Minister) to be Deputy Speaker of the Council.
(4) The Deputy Speaker shall hold his office at the Governor's pleasure, exercisable in his discretion, but shall in any case vacate his office—
(a) at such time (if any) as may be provided in the instrument by which he is appointed; or
(b) if he resigns his office by writing under his hand addressed to the Governor; or
(c) when the Legislative Council first sits after any dissolution of the Council; or
(d) if he ceases to be a member of the Legislative Council for any reason other than a dissolution thereof; or
(e) if he is appointed to be a Minister.
(5) Subject to section 35 of this Order, during any period when the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office, those functions shall be performed by the Deputy Speaker or, if the office of Deputy Speaker is also vacant or the Deputy Speaker is for any reason unable to perform those functions, by such person as the Governor may in his discretion nominate.
Constituency Members.
25.—(1) Of the seats in the Legislative Council for Constituency Members—
(a) ten shall be reserved for Europeans;
(b) eight shall be reserved for Asians, of which three shall be reserved for Asians of the Muslim faith and five shall be reserved for Asians not of that faith;
(c) two shall be reserved for Arabs.
(2) Subject to the provisions of this Order, provision may be made by or in pursuance of any law enacted under this Order for the election in Kenya of persons as Constituency Members, including (without prejudice to the generality of the foregoing power) the following matters—
(a) the qualifications and disqualifications of electors;
(b) the registration of electors;
(c) the establishment of constituencies for purpose of returning Constituency Members; and the division of such constituencies for any purpose connected with the registration of electors or with elections;
(d) the allocation to such constituencies of seats in the Legislative Council;
(e) the reservation of seats in the Legislative Council in pursuance of subsection (1) of this section;
(f) the nomination of candidates for election, including, in relation to any reserved seats, nomination by means of a primary election by electors possessing the same qualifications as to race or, in the case of a seat reserved for an Asian, as to race and faith as are required for election to the seat;
(g) the ascertainment of the qualifications of persons who submit themselves for election;
(h) the holding of elections, including primary elections, and the manner of voting at such elections;
(i) the definition and trial of offences relating to elections and the imposition of penalties therefor, including the disqualification for election as a Constituency Member of any person concerned in any such offence;
(j) the disqualification for election as a Constituency Member of any person by reason of—
(i) his holding or acting in any office or appointment specified (either individually or by reference to any class of office or appointment) by or in pursuance of any such law as aforesaid; or
(ii) his belonging to any of the armed forces of the Crown or any police force so specified or to any class of person so specified that is comprised in any such force.
(3) Whenever the seat of a Constituency Member is vacant and, on the completion of any procedure or, as the case may be, on the expiration of any period provided under the last foregoing subsection for the nomination of candidates for election to that seat, no person has been nominated as such a candidate, the Governor may in his discretion, by instrument under the public seal, appoint to hold that seat any person who, if he were nominated as a candidate for election on the date of his appointment, would be qualified for election thereto, and the person so appointed shall, with effect from the date of his appointment, be deemed for all purposes to be a Constituency Member as if he had been duly elected to that seat.
National Members.
26.—(1) Of the seats in the Legislative Council for National Members—
(a) four shall be held by Africans;
(b) four shall be held by Europeans;
(c)...
To continue reading
Request your trial