Kenya (Native Areas) (Amendment) Order in Council, 1958

JurisdictionUK Non-devolved
CitationSI 1958/1049
Year1958

1958 No. 1049

The Kenya (Native Areas) (Amendment) Order in Council, 1958

25thJune 1958

1stJuly 1958

2ndJuly 1958

At the Court at Buckingham Palace, the 25th day of June, 1958

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, by virtue and in exercise of the powers in that 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 (Native Areas) (Amendment) Order in Council, 1958, and shall be construed as one with the Kenya (Native Areas) Orders in Council, 1939 and 1948(c).

(2) This Order and the Kenya (Native Areas) Orders in Council, 1939 and 1948, may be cited together as the Kenya (Native Areas) Orders in Council, 1939 to 1958.

(3) This Order shall come into operation on the second day of July, 1958.

Amendment of the Kenya (Native Areas) Order in Council, 1939

2. Section 4 of the Kenya (Native Areas) Order in Council, 1939, (hereinafter called "the principal Order") is amended as follows:—

(a) for subsection (1) there is substituted the following subsection—

"(1) (a) The Native Lands shall be the areas of land the boundaries of which are set out in the First Schedule to the

(a) 50 & 51 Vict. c. 54 and 9 & 10 Geo. 6. c. 7.

(b) 53 & 54 Vict. c. 37.

(c) S.R. & O. 1939/516; S.I. 1948/2061 (Rev. XI, p. 685: 1939 II, p. 1820; 1948 I, p. 1667).

Native Lands Trust Ordinance, as from time to time varied in pursuance of the provisions of that Ordinance, or by or in pursuance of the provisions of any other Ordinance amending that Ordinance, and, subject to paragraph (b) of this subsection, such lands are hereby vested in the Trust Board.

(b) Where it is provided by any law for the time being in force in the Colony that the title to land in the Native Lands may be registered, and in pursuance of any such law a person becomes registered as the proprietor of the freehold estate in any registered land in the Native Lands, then on such registration the land concerned shall cease to be vested in the Trust Board and shall become vested in the registered proprietor thereof for the time being:

Provided that nothing in this paragraph shall prevent the registration of the Trust Board as the proprietor of the freehold estate in any registered land, by virtue of any such...

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