Kenya Order in Council 1963
| Jurisdiction | UK Non-devolved |
| Citation | SI 1963/791 |
| Year | 1963 |
1963 No. 791
EAST AFRICA
The Kenya Order in Council 196311thApril 1963
18thApril 1963
Sections 1, 6 (2), 6 (8), 6 (9), 9 and 11 of the OrderSections 1, 6 (2), 6 (8), 6 (9), 9 and 11 of the Order19thApril 1963RemainderOn a day to be appointed by the Governor under section 1 (2)
At the Court at Windsor Castle, the 11th day of April 1963
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue of and in exercise of the powers in that 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:—
Citation, commencement and construction.
1.—(1) This Order may be cited as the Kenya Order in Council 1963.
(2) This Order shall come into operation on such day (hereinafter referred to as "the appointed day") as the Governor, acting in his discretion, may, by Proclamation published in the Kenya Gazette, appoint which day shall not be earlier than 19th April 1963:
Provided that—
(a) this section and sections 6 (2), 6 (8), 6 (9), 9 and 11 of this Order shall come into operation on 19th April 1963; and
(b) without prejudice to the provisions of section 37 of the Interpretation Act 1889(d), where the Governor has power by or under the Constitution of Kenya set out in Schedule 2 of this Order to make any appointment or make any order or do any other thing for the purposes of that Constitution, that power may be exercised at any time on or after 19th April 1963 to such extent as may, in his opinion, be necessary or expedient to enable that Constitution to function as from the appointed day.
(3) References in this Order to "the Governor" shall be construed, in relation to any period before the appointed day, as references to the person holding the office of Governor constituted by the Orders set out in Part I of Schedule 1 of this Order or, to the extent of his authority, to any person who is for the time being authorised to perform the functions of that office.
(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.
(d) 52 & 53 Vict. c. 63.
(4) Save where the context otherwise requires, expressions used in sections 1 to 12 (inclusive) of this Order have the same meaning as in the Constitution of Kenya set out in Schedule 2 of this Order and the provisions of section 233 of that Constitution shall apply for the purpose of interpreting those sections as they apply for the purpose of interpreting that Constitution.
(5) References in Chapter IX of the said Constitution to any question as to the interpretation of that Constitution shall be construed as including references to any question as to the interpretation of this Order.
Revocation and adaptation.
2.—(1) The Orders in Council specified in Part I of Schedule 1 of this Order (hereinafter referred to as "the existing Orders"), other than the provisions of the Kenya (Constitution) Order in Council 1958 specified in Part II of that Schedule, are revoked.
(2) The provisions of the Kenya (Constitution) Order in Council 1958(a) specified in Part II of Schedule 1 of this Order shall be construed as if references therein to "the Colony and the Protectorate" were references to Kenya, references therein to "the Governor" were references to the person holding the office of Governor constituted by this Order or, to the extent of his authority, any person who is for the time being authorised to perform the functions of that office and references therein to "the Supreme Court" were references to the Supreme Court established by this Order.
Establishment of Constitution.
3. Subject to the provisions of this Order, the Constitution of Kenya set out in Schedule 2 of this Order (hereinafter referred to as "the Constitution") shall come into effect in Kenya on the appointed day.
Existing laws.
4.—(1) Subject to the provisions of this section, the existing laws shall, notwithstanding the revocation of the existing Orders, have effect as from the appointed day as if they had been made in pursuance of this Order and shall be construed with such modifications, adaptations, revocations and exceptions as may be necessary to bring them into conformity with this Order.
(2) Subject to the provisions of any regulations made by the Governor under section 11 of this Order, any existing law made by any legislature in Kenya with respect to any matter with respect to which, under the provisions of the Constitution, both the Central Legislature and a Regional Assembly may make laws shall, to the extent to which it has effect under this section as from the appointed day, have such effect as if it had been made by the Central Legislature.
(3) Where any matter that falls to be prescribed or otherwise provided for under the Constitution by the Central Legislature or by a Regional Assembly or by any other authority or person is prescribed or provided for by or under an existing law (including any amendment to any such law made under this Order) or is otherwise prescribed or provided for, immediately before the appointed day, by or under the existing Orders or by or under this Order, that prescription or provision shall have effect, as from the appointed day, as if it had been made under the Constitution by the Central Legislature or the Regional Assembly or, as the case may be, the other authority or person.
(4) The provisions of this section shall be without prejudice to any powers conferred by this Order upon any person or authority to make
(a) S.I. 1958/600 (1958 I, p. 961).
provision for any matter, including the amendment or repeal of any existing law, and shall, in particular, be without prejudice to the generality of section 11 of this Order.
(5) For the purposes of this section, the expression "existing law" means any Ordinance, law, rule, regulation, order or other instrument made or having effect as if it had been made in pursuance of the existing Orders and having effect as part of the law of Kenya or any part thereof immediately before the appointed day.
First holders of certain offices.
5.—(1) The person who, immediately before the appointed day, holds the office of Governor constituted by the existing Orders shall be deemed to have been appointed on that day to the office of Governor constituted by this Order.
(2) The person who, immediately before the appointed day, holds the office of Deputy Governor constituted by the existing Orders shall be deemed to have been appointed on that day to the office of Deputy Governor constituted by this Order.
(3) The persons who, immediately before the appointed day, hold the following offices constituted by or under the existing Orders, that is to say, the offices of Chief Justice, puisne judge of the Supreme Court established by the existing Orders, Attorney-General, Controller and Auditor-General and Commissioner of Police, shall be deemed respectively to have been appointed on that day to the following offices constituted by this Order, that is to say, Chief Justice, puisne judge of the Supreme Court established by this Order, Attorney-General, Controller and Auditor-General and Inspector-General of Police.
(4) Any person who, by virtue of this section, is deemed to have been appointed to any office on the appointed day shall also be deemed to have taken any necessary oath under this Order.
National Assembly and Regional Assemblies.
6.—(1) Notwithstanding the provisions of section 84 (3) of the Constitution, each of the constituencies into which the several Districts within the North-Eastern Region are divided for the purpose of electing Elected Members to the Regional Assembly of that Region shall, until the first dissolution of that Regional Assembly after the appointed day, elect two members to that Regional Assembly.
(2) For the avoidance of doubt it is hereby declared that elections may be held at any time after the coming into operation of this subsection under the authority of regulations made by the Governor under section 2 of the Kenya (Electoral Provisions) Order in Council 1963(a).
(3) The persons who are elected, at elections held in pursuance of such regulations as are referred to in subsection (2) of this section, as members of the proposed Upper House shall be deemed on and after the appointed day to have been elected as Senators in accordance with the provisions of this Order; the persons who are elected at such elections as members of the proposed Lower House shall be deemed on and after the appointed day to have been elected as Elected Members of the House of Representatives in accordance with the provisions of this Order; and the persons who are elected at such elections as members of the proposed Regional Assemblies shall be deemed on and after the appointed day to have been elected as Elected Members of the Regional Assemblies in accordance with the provisions of this Order.
(a) S.I. 1963/611 (1963 I, p. 734).
(4) The registers of voters compiled under the Kenya (Electoral Provisions) (Registration of Voters) Order in Council 1962(a) shall be deemed as from the appointed day to have been compiled in accordance with the provisions of this Order.
(5) The number of the constituencies constituted within each Region under the Kenya (Regional Assembly Constituencies) Order in Council 1963(b) shall be deemed as from the appointed day to be the number of Elected Members of the Regional Assembly of that Region prescribed under section 95 of the Constitution but in the case of the North-Eastern Region the number of Elected Members of the Regional Assembly so deemed to be prescribed shall be twice the number of the constituencies so constituted within that Region.
(6) The person who, immediately before the appointed day, holds the office of Speaker of the Legislative Council established by the existing Orders shall, as from that day, hold the...
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