Chiefs' Act

Section 1. Short title Section This Act may be cited as the Chiefs’ Act. [L.N. 101/1964. Sch., Act No. 10 of 1997 , Sch.]

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "chief" and "assistant chief" respectively mean the persons appointed for any area to the offices of chief and assistant chief, respectively, in the public service. [L.N. 461/1963, Sch., L.N. 101/1964, Sch., Act No. 17 of 1967 , 1st Sch., Act No. 13 of 1978 , Sch.]

Section 3.[Repealed by ActNo. 10 of 1997, Sch.]

Section 4.[Repealed by L.N. 461/1963, Sch.]

Section 5.[Repealed by L.N. 461/1963, Sch.]

Section 6. Duty of chief to maintain order Section It shall be the duty of every chief or assistant chief to maintain order in the area in respect of which he is appointed, and for such purpose he shall have and exercise the jurisdiction and powers by this Act conferred upon him over persons residing or being within such area. [Act No. 43 of 1952 , Sch., L.N. 101/1964, Sch., Act No. 13 of 1978 , Sch.]

Section 7. Chief may employ persons to assist him in carrying out duties Section A chief or assistant chief may employ any person or persons subject to his jurisdiction to assist him in carrying out the duties imposed upon him by this Act or otherwise by law, and any person so employed may carry out and give effect to any lawful order given by a chief or assistant chief. [Act No. 43 of 1952 , Sch., Act No. 13 of 1978 , Sch.]

Section 8. Powers of chief in prevention of crime Section 8(1) Any chief or assistant chief may interpose for the purpose of preventing, and shall to the best of his ability prevent, the commission of any offence by any person within the local limits of his jurisdiction. Section 8(2) Any chief or assistant chief knowing of a design by any person to commit an offence within the local limits of his jurisdiction may, if it appears to such chief or assistant chief that the commission of the offence cannot be otherwise prevented, arrest or direct the arrest of such person; and any person arrested under the powers conferred by this subsection shall, without delay, be taken to the nearest police station. Section 8(3) Every chief or assistant chief receiving information that any person who has committed a cognizable offence triable by any court or for whose arrest a warrant has been issued, is within the local limits of his jurisdiction shall cause such person to be arrested and to be taken forthwith before a court having jurisdiction in the matter. Section 8(4) Every chief or assistant chief receiving information that any cattle or other livestock or other property of any description whic...

Section 9.[Repealed by ActNo. 10 of 1997, Sch.]

Section 10. Power of chief to issue orders for certain purposes Section prohibiting or restricting the consumption or possession of intoxicating liquor by, and the supply of such liquor to, young persons;

Section 11. Further powers of chiefs to issue orders Section repealed by ActNo. 10 of 1997, Sch.;

Section 12. Power to require work or services in emergency Section the Cabinet Secretary shall provide such food, housing and transport as he may consider necessary for persons engaged in performing any work or rendering any service under this section, while so engaged;

Section 13. Power to require work or services for conservation of natural resources Section that the work to be done or the service to be rendered is of important direct interest to the community called upon to do the work or render the service;

Section 14. Remuneration and limitation on duration of work or services undersection 13 Section 14(1) Any person required to do any work or render any service under section 13 shall be remunerated at a rate not less favourable than the rate prevailing for similar work or service in the district in which such work is performed or such service is rendered, and shall not be called upon to do any such work or render any such service for any period exceeding, or for any periods exceeding in the aggregate, sixty days, inclusive of any time spent in going to and returning from the place of work, in any one period of twelve months. Section 14(2) Every person who performs any work or renders any service under section 13 shall be furnished with a certificate showing the period or periods during which he has performed such work or rendered such service. [Act No. 43 of 1952 , s. 3, L.N. 101/1964, Sch.]

Section 15. Exemptions fromsection 13 Section any person under the age of eighteen years or over the age of fifty years;

Section 16. Compensation for death or injury Section Any person engaged in performing any work or rendering any service under section 12 or section 13 shall, while so engaged, be deemed, for the purposes of the Work Injury Benefits Act ( Cap. 236 ) to be a workman employed by the Government, and, notwithstanding anything to the contrary contained therein, the provisions of that Act shall apply in respect of such person accordingly: Provided that, for the purposes of calculating the amount of any compensation payable under that Act by virtue of the provisions of this section, the rate of earnings of such person shall be deemed to be the rate of remuneration paid or payable to such person under section 12 or section 14 , as the case may be, and, where no remuneration is so paid or payable, shall be the rate of remuneration prevailing in the district in which work was being performed or service rendered by such person under this Act for work or service similar thereto. [Act No. 43 of 1952 , s. 3.]

Section 17. Administrative officer may require chief to issue or cancel orders Section Whenever an administrative officer, considers that any order issued by a chief should not have been issued or should not be enforced he may direct the chief to cancel the order or to refrain from enforcing the order. [Act No. 43 of 1952 , Sch., L.N. 461/1963, Sch., Act No. 10 of 1997 , Sch.]

Section 18. Penalty for disobeying orders Section Any person who, without lawful excuse, disobeys or fails to comply with any lawful order issued or given by a chief or assistant chief under this Act shall be guilty of an offence and liable to a fine not exceeding five hundred shillings and in default of payment, to extra mural penal employment for a period not exceeding fourteen days. [Act No. 43 of 1952 , Sch., L.N. 461/1963, Sch., L.N. 101/1964, Sch., Act No. 17 of 1967 , 1st Sch., Act No. 13 of 1978 , Sch., Act No. 10 of 1997 , Sch.]

Section 19.[Repealed by ActNo. 10 of 1997, Sch.]

Section 20.[Repealed by No. 12 of 2017, s. 28.]

Section 21.[Repealed by ActNo. 10 of 1997, Sch.]

Section 22.[Repealed by ActNo. 10 of 1997, Sch.]

Section 23.[Repealed by ActNo. 10 of 1997, Sch.]

Section 24.[Repealed by ActNo. 10 of 1997, Sch.]

Section 25.[Repealed by ActNo. 10 of 1997, Sch.]

Section 26. Rules Section The Cabinet Secretary may make rules for the better carrying into effect of the provisions of this Act. [L.N. 461/1963, Sch.]