Kenya (Constitution) Order in Council, 1958
| Jurisdiction | UK Non-devolved |
| Citation | SI 1958/600 |
| Year | 1958 |
1958 No. 600
The Kenya (Constitution) Order in Council, 19583rdApril 1958
3rdApril 1958
5thApril 1958
At the Court at Buckingham Palace, the 3rd day of April, 1958
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), the Colonial Courts of Admiralty Act, 1890(c), 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:—
PART I
INTRODUCTORY
Citation, commencement, and revocation
1.—(1) This Order may be cited as the Kenya (Constitution) Order in Council, 1958.
(2) This Order shall come into operation on the 5th day of April, 1958:
Provided that paragraph (c) of subsection (3) of section 40, section 55 and subsection (2) of section 58 shall come into operation on such date as the Governor may, in his discretion, appoint by proclamation published in the Gazette.
(3) The instruments set out in the First Schedule to this Order are hereby revoked.
Interpretation
2.—(1) In this Order, unless it is otherwise provided or required by the context—
"the Colony" means the Colony of Kenya;
"the Gazette" means the Kenya Gazette;
"the Governor" means the Governor and Commander-in-Chief of Kenya;
"Kenya" means the Colony and the Protectorate;
"legislature of Kenya" means the legislature established for Kenya by this Order and includes any legislature previously established for the Colony or the Protectorate or the former East Africa Protectorate;
"the Protectorate" means the Protectorate of Kenya;
"public office" means an office in the service of the Crown in respect of the government of Kenya, but does not include the office of member of the Council of Ministers, Assistant Minister, member
(a) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.
(b) 53 & 54 Vict. c. 37.
(c) 53 & 54 Vict. c. 27.
of the Legislative Council, member of the Council of State, judge of the Supreme Court, or judge of Her Majesty's Court of Appeal for Eastern Africa;
"public officer" means the holder of any public office and includes any person appointed to act in any such office;
"the public seal" means the public seal of Kenya;
"session" means, in relation to the Legislative Council, the sittings of the Council commencing when it first meets after its prorogation or dissolution and terminating when the Council is prorogued or is dissolved without having been prorogued;
"sitting" means, in relation to the Legislative Council, a period during which the Council is sitting continuously without adjournment, and includes any period during which the Council is in committee.
(2) In this Order, unless it is otherwise provided or required by the context—
(a) any reference to Her Majesty's dominions shall be construed as including a reference to all territories under Her Majesty's protection or in which Her Majesty has for the time being jurisdiction;
(b) any reference to the holder of an office by the term designating his office shall be construed as including a reference to any person, who, under and to the extent of any authority in that behalf, is for the time being performing the functions of that office.
(3) (a) For the purposes of this Order a person shall not be deemed to be a public officer by reason only that he is in receipt of a pension or other like allowance in respect of the service of the Crown.
(b) If it is declared by any law enacted under this Order that an office shall not be a public office for all or any of the purposes of this Order, this Order shall have effect accordingly as if that law were enacted herein.
(4) This Order shall be construed—
(a) as if subsection (1) of section 1 of the India (Consequential Provision) Act, 1949(a), applied to it in the same way as that subsection applies to laws in force on the date mentioned in that subsection;
(b) as if subsection (2) of section 3 of the British Nationality Act, 1948(b) (as interpreted by subsection (1) of section 3 of the Ireland Act, 1949(c)) and subsection (2) of section 3 of the Ireland Act, 1949, applied to it as those subsections apply to laws in force at the dates of the commencement of those Acts respectively;
(c) as if subsection (1) of section 1 of the Pakistan (Consequential Provision) Act, 1956(d), applied to it in the same way as that subsection applies to laws in force on the date mentioned in that subsection; and
(d) as if subsection (1) of section 2 of the Federation of Malaya Independence Act, 1957(e), applied to it in the same way as that subsection applies to existing laws as defined by subsection (4) of that section.
(5) For the avoidance of doubts it is hereby declared that any person who has vacated his seat in any council, or has vacated any office, established by this Order, may, if qualified, again be elected, appointed
(a) 12, 13 & 14 Geo. 6. c. 92.
(b) 11 & 12 Geo. 6. c. 56.
(c) 12, 13 & 14 Geo. 6. c. 41.
(d) 4 & 5 Eliz. 2. c. 31.
(e) 5 & 6 Eliz. 2. c. 60.
or otherwise selected as a member of that council or appointed to that office, as the case may be, from time to time.
(6) Subject to the provisions of this section and save where the context otherwise requires, the Interpretation Act, 1889(a), shall apply for the purpose of interpreting this Order as it applies for the purpose of interpreting an Act of Parliament.
PART II
THE GOVERNOR
The Governor
3.—(1) There shall be a Governor and Commander-in-Chief in and over Kenya who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty's pleasure.
(2) The Governor shall have such powers and duties as are conferred or imposed upon him by or under this Order or any other law, and such other powers and duties as Her Majesty may from time to time be pleased to assign to him, and, subject to the provisions of this Order and of any other law by which any such powers or duties are conferred or imposed, shall do and execute all things that belong to his office (including the exercise of any powers with respect to which he is empowered or required by this Order to act in his discretion) according to such instructions, if any, as Her Majesty may from time to time see fit to give him:
Provided that the question whether the Governor has in any matter complied with such instructions shall not be enquired into in any court.
(3) A person appointed to the office of Governor shall, before entering upon the functions of that office, make oaths or affirmations of allegiance and for the due execution of that office in the forms set out in the Second Schedule to this Order.
Acting Governor
4.—(1) During any period when the office of Governor is vacant or the Governor is absent from Kenya or is for any other reason unable to perform the functions of his office—
(a) such person as Her Majesty may designate in that behalf by Instructions given under Her Sign Manual and Signet or through a Secretary of State, or
(b) if there is no person in Kenya so designated and able to perform those functions, the person who, if he were not directed by this section to perform the functions of the office of Governor, would for the time being be performing the functions of the office of Chief Secretary of Kenya,
shall, during Her Majesty's pleasure, assume and perform the functions of the office of Governor and administer the Government of Kenya accordingly.
(2) Before assuming the functions of the office of Governor any such person as aforesaid shall make the oaths or affirmations directed by the last foregoing section to be made by the Governor.
(3) Any such person as aforesaid shall not continue to perform the functions of the office of Governor after the Governor or some other person having a prior right to perform those functions has notified him that he is about to assume or resume those functions.
(a) 52 & 53 Vict. c. 63.
(4) The Governor or any other person as aforesaid shall not, for the purposes of this section, be regarded as absent from Kenya or as unable to perform the functions of the office of Governor—
(a) by reason only that he is in passage from one part of Kenya to another, or
(b) by reason only that, in the performance of the functions of the office of Governor conferred by this Order or otherwise, he is in any territory adjacent to Kenya or in passage between Kenya and any such territory, or
(c) at any time when there is a subsisting appointment of a Deputy under the next following section.
Deputy to Governor
5.—(1) Whenever the Governor—
(a) has occasion to be absent from the seat of Government but not from Kenya,
(b) has occasion to be absent from Kenya for a period which he has reason to believe will be of short duration,
(c) is suffering from an illness which he has reason to believe will be of short duration, or
(d) considers for any other reason that the public interest so requires, he may, in his discretion, by instrument under the public seal, appoint any person to be his Deputy, and in that capacity to perform on his behalf such of the functions of the office of Governor as may be specified in that instrument.
(2) The power and authority of the Governor shall not be abridged, altered or in any way affected by the appointment of a Deputy under this section, and a Deputy shall conform to and observe all instructions that the Governor may from time to time address to him:
Provided that the question whether or not a Deputy has conformed to or observed any such instructions shall not be enquired into by any court.
(3) Any appointment under this section may be revoked at any time by Her Majesty by instructions given through a Secretary of State or by the Governor, in his discretion, by instrument under the public seal, and, subject thereto, a person appointed as a Deputy under this section shall hold that appointment for such period as may be specified in the instrument by which he is appointed.
(4) The...
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