Interpretation and General Provisions Act

Section 1. Short title Section This Act may be cited as the Interpretation and General Provisions Act.

Section 2. Application Section This Act shall not apply for the construction or interpretation of the Constitution, which is not a written law for the purposes of this Act. [Act No. 18 of 1968, Sch.]

Section 3. Interpretation of terms Section 3(1)(a) an Act of the legislature of another country, or an Order in Council of the United Kingdom; Section 3(1)(b) subsidiary legislation made under any of the foregoing, which is for the time being in force in Kenya; Section 3(1)(a) the Government, or any department, institution or undertaking thereof; or Section 3(1)(b) deleted by Act No. 18 of 1968, s. 2 ; Section 3(1)(c) a local authority; or Section 3(1)(d) any authority, board, commission, committee or other body, whether paid or unpaid, which is invested with or is performing, whether permanently or temporarily, functions of a public nature; Section 3(1)(i) in relation to national government revenue, means a receiver of national revenue designated under section 75 of the Public Finance Management Act (Cap. 412A); and Section 3(1)(ii) in relation to county government revenue, means a receiver of county revenue designated under section 157 of the Public Finance Management Act (Cap. 412A); Section 3(1)(a) in Kenya, means a declaration made under the Oaths and Statutory Declarations Act ( Cap. 15 ); Section 3(1)(b) in the Commonwealth, elsewhere than in Kenya, means a declaration made...

Section 4.[Repealed by 18 of 1968, s. 5.]

Section 5.[Repealed by 18 of 1968, s. 5.]

Section 6.[Repealed by 18 of 1968, s. 5.]

Section 7.[Repealed by Act No. 18 of 1968, s. 5.]

Section 8.[Repealed by Act No. 31 of 1967, s. 20.]

Section 9. Commencement of Acts Section 9(1) Subject to the provisions of subsection (3), an Act shall come into operation on the day on which it is published in the Gazette . Section 9(2) Deleted by Act No. 18 of 1968, Sch. Section 9(3) If it is enacted in the Act, or in any other written law, that the Act or any provision thereof shall come or be deemed to have come into operation on some other day, the Act or, as the case may be, that provision shall come or be deemed to have come into operation accordingly. [Act No. 13 of 1961, s. 3, L.N. 458/1963, Sch., Act No. 18 of 1968, Sch.]

Section 10. Acts to be divided into sections without introductory words Section All Acts shall be divided into sections, if there are more enactments than one which sections shall be deemed to be substantive enactments without any introductory words.

Section 11. Applied law to be read with necessary modifications Section An applied law shall be read with such formal alterations as to names, localities, courts, officers, persons, moneys, penalties or otherwise as may be necessary to make it applicable to the circumstances, and in particular a reference to a Probate Court, Bankruptcy Court or Admiralty Court, or similar expression, shall be construed as a reference to the High Court exercising the appropriate jurisdiction. [Act No. 21 of 1966, 2nd Sch., Act No. 18 of 1968, Sch.]

Section 12.[Repealed by Act No. 18 of 1968, s. 5]

Section 13. Reference to written law to include amendments

Section 14.[Repealed by Act No. 18 of 1968, s. 5]

Section 15.[Repealed by Act No. 18 of 1968, s. 5]

Section 16.[Repealed by Act No. 18 of 1968, s. 5]

Section 17.[Repealed by Act No. 18 of 1968, s. 5]

Section 18.[Repealed by Act No. 18 of 1968, s. 5]

Section 19. Time when written law comes into operation

Section 20. Repealed written law not revived Section Where a written law repealing in whole or in part a former written law is itself repealed, that last repeal shall not revive the written law or provisions before repealed unless words are added reviving the written law or provisions.

Section 21. Repeal of amended law to include amendments Section Where a written law which has been amended by another written law is itself repealed, that repeal shall, unless a contrary intention appears, include the repeal of all those provisions of other written laws by which the first-mentioned written law has been amended.

Section 22. Repeal and substitution Section Where a written law repeals wholly or partially a former written law and substitutes provisions for the written law repealed, the repealed written law shall remain in force until the substituted provisions come into operation.

Section 23. Provisions respecting amended written law, and effect of repealing written law Section 23(1) Where in a written law a reference is made to another written law, that reference shall, except where the context otherwise requires, be deemed to include a reference to the last-mentioned written law as it may from time to time be amended. Section 23(2) Where a written law repeals and re-enacts, with or without modification, a provision of a former written law, references in another written law to the provisions so repealed shall, unless a contrary intention appears, be construed as references to the provision so re-enacted. Section 23(3)(a) revive anything not in force or existing at the time at which the repeal takes effect; or Section 23(3)(b) affect the previous operation of a written law so repealed or anything duly done or suffered under a written law so repealed; or Section 23(3)(c) affect a right, privilege, obligation or liability acquired, accrued or incurred under a written law so repealed; or Section 23(3)(d) affect a penalty, forfeiture or punishment incurred in respect of an offence committed against a written law so repealed; or Section 23(3)(e) affect an investi...

Section 24. Effect of repeal of Act on subsidiary legislation Section Where an Act or part of an Act is repealed, subsidiary legislation issued under or made in virtue thereof shall, unless a contrary intention appears, remain in force, so far as it is not inconsistent with the repealing Act, until it has been revoked or repealed by subsidiary legislation issued or made under the provisions of the repealing Act, and shall be deemed for all purposes to have been made thereunder.

Section 25. Construction of amending written law with amended written law Section Where one written law amends another written law, the amending written law shall, so far as it is consistent with the tenor thereof, and unless a contrary intention appears, be construed as one with the amended written law.

Section 26. Effect of expiry of written law

Section 27.[Repealed by Act No. 23 of 2013, s. 27.]

Section 28. Retrospective operation of subsidiary legislation Section Subsidiary legislation may be made to operate retrospectively to any date, not being a date earlier than the commencement of the written law under which the subsidiary legislation is made, but no person shall be made or become liable to any penalty whatsoever in respect of an act committed or of the failure to do anything before the day on which that subsidiary legislation is published in the Gazette .

Section 29. Construction of subsidiary legislation Section Where an Act confers power to make subsidiary legislation, expressions used in the subsidiary legislation shall, except where a contrary intention appears, have the same respective meanings as in the Act conferring the power, and a reference in the subsidiary legislation to “the Act” shall mean the Act conferring the power to make the subsidiary legislation.

Section 30. Exercise of powers between publication and commencement of Act Section Where an Act is not to come into operation immediately on the publication thereof and confers power to make an appointment, to make subsidiary legislation, to prescribe forms or to do any other thing for the purposes of the Act, the power may, unless a contrary intention appears, be exercised at any time after the publication of the Act, so far as may be necessary or expedient for the purpose of bringing the Act into operation on the day of the commencement thereof, but an instrument made in exercise of that power shall not, unless a contrary intention appears in the Act or the contrary is necessary for bringing the Act into operation, come into operation until the Act comes into operation.

Section 31. General provisions with respect to power to make subsidiary legislation Section when subsidiary legislation purports to be made or issued in exercise of a particular power or powers, it shall be deemed also to be made or issued in exercise of all other powers thereunto enabling;

Section 32. References to written laws to include subsidiary legislation thereunder Section A reference to a written law in another written law shall include a reference to subsidiary legislation made under the written law to which reference is made.

Section 33. Acts done under subsidiary legislation deemed done under Act which authorizes it Section An act shall be deemed to be done under an Act or by virtue of the powers conferred by an Act or in pursuance or execution of the powers of or under the authority of an Act, if it is done under or by virtue of or in pursuance of subsidiary legislation made under a power contained in that Act.

Section 34.[Repealed by Act No. 23 of 2013, s. 27.]

Section 35. Fees Section 35(1)(a) specific fees or charges; Section 35(1)(b) maximum or minimum fees or charges; Section 35(1)(c) maximum and minimum fees or charges; Section 35(1)(d) the payment of fees or charges either generally or under specified conditions or in specified circumstances; and Section 35(1)(e) the reduction, waiver or refund, in whole or in part, of any such fees or charges, either upon the happening of a certain event or in the discretion of a specified person. Section 35(2)(a) in respect of certain matters or transactions or classes of matters or transactions; Section 35(2)(b) in respect of certain documents or classes of documents; Section 35(2)(c) when an event happens or ceases to happen; Section 35(2)(d) in respect of certain persons or classes of persons; or Section 35(2)(e) in respect of a combination of those matters, transactions, documents, events or persons,

Section 36. Provision for transfer of statutory powers and duties Section 36(1) Where by an Act the exercise of a power or the performance of a duty is conferred upon or is vested in the President, the President may, by order, transfer the exercise of that power or the performance of that duty to a Cabinet Secretary. Section 36(2) The powers transferable by an order made under this section shall include a power to make rules. Section 36(3) The draft of every order to be made under this section shall be laid before the National Assembly, and shall be approved by resolution of the Assembly before it is submitted to the President, and if the Assembly resolves that the draft be not so submitted no further proceedings shall be taken thereon, but without prejudice to the laying of a new draft before the National Assembly. Section 36(4) An order made under this section may be varied by a subsequent order made in the same manner and subject to the same conditions. Section 36(5) An order made under this section may make such amendments to the Act in respect of which the order is made, being amendments consequential upon the transfer by the order of the exercise of a power or the performance...

Section 37. Provision for execution of duties of Cabinet Secretary or public officer during temporary absence or inability Section Where by or under an Act, powers are conferred or duties are imposed upon a Cabinet Secretary or a public officer, the President, in the case of a Cabinet Secretary, or the Cabinet Secretary, in the case of a public officer, may direct that, if from any cause the office of that Cabinet Secretary or public officer is vacant, or if during any period, owing to absence or inability to act from illness or any other cause, the Cabinet Secretary or public officer is unable to exercise the powers or perform the duties of his office, those powers shall be had and may be exercised and those duties shall be performed by a Cabinet Secretary designated by the President or by a person named by, or by the public officer holding an office designated by, the Cabinet Secretary; and thereupon the Cabinet Secretary, or the person or public officer, during that period, shall have and may exercise those powers and shall perform those duties, subject to such conditions, exceptions and qualifications as the President or the Cabinet Secretary may direct. [Act No. 7 of 1956, s....

Section 38. Delegation of powers Section 38(1) Where by an Act the exercise of a power or the performance of a duty is conferred upon or is vested in the President, the Attorney-General or a Cabinet Secretary, the President, the Attorney-General or the Cabinet Secretary, may, unless by law expressly prohibited from so doing, delegate, by notice in the Gazette , to a person by name, or to the person for the time being holding an office specified in the notice, the exercise of that power or the performance of that duty, subject to such conditions, exceptions or qualifications as the President, the Attorney-General or the Cabinet Secretary may specify in the notice. Section 38(2)(a) a power to make subsidiary legislation; or Section 38(2)(b) a power to issue warrants or to make proclamations or to hear an appeal, Section 38(3) A delegation made under subsection (1) may be varied or cancelled by the person by whom it was made by notice in the Gazette . Section 38(4) No delegation under subsection (1) of a power or duty shall exclude the exercise of the power or the performance of the duty by the person by whom the delegation was made. Section 38(5) Deleted by Act No. 8 of 1968, Sch.

Section 39.[Repealed by Act No. 8 of 1968, Sch.]

Section 40.[Deleted by Act No. 7 of 1987, 2nd Sch.]

Section 41.[Repealed by Act No. 18 of 1968, s. 5.]

Section 42. Power and duties to be exercised and performed from time to time Section Where a written law confers a power or imposes a duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as the occasion arises.

Section 43. Powers and duties of holder of office Section Where a written law confers a power or imposes a duty on the holder of an office as such, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by the person for the time being holding that office.

Section 44. Power to appoint by name or office Section Where the President, a Cabinet Secretary, a public officer or a public body is empowered by a written law to appoint a person to perform any functions or hold any office, he or it may either appoint a person by name or appoint the holder of a named office to perform the functions or hold the office in question. [Act No. 18 of 1968, s. 4.]

Section 45. Reference to holder of office includes person discharging functions of that office Section In this Act and in any other written law, instrument, warrant or process of any kind, a reference to a person holding an office shall include a reference to any person for the time being lawfully discharging the functions of that office.

Section 46. Power to appoint substantively pending retirement, etc., of existing office-holder Section 46(1) Where the substantive holder of a public office constituted by or under an Act is on leave of absence pending relinquishment by him of that office, another person may be appointed substantively to the same public office. Section 46(2) Where two or more persons are holding the same office by reason of an appointment made in accordance with subsection (1), then, for the purposes of all written laws and in respect of every power conferred or duty imposed upon the holder of that office, the person last appointed to the office shall be deemed to be the holder thereof.

Section 47. Change of title of public officer Section 47(1) Whenever the title of a public officer is changed, the President may, by notice in the Gazette , declare that, for the purposes of all written laws and the title of the officer shall be replaced by the new title specified in the notice. Section 47(2) Where a notice is published under subsection (1), a written law containing a reference to the title which is changed shall be deemed to have been amended by substituting for that reference a reference to the new title. [Act No. 7 of 1952, s. 3, Act No. 28 of 1961, Sch., Act No. 21 of 1966, 2nd Sch.]

Section 48. Construction of enabling words Section Where a written law confers power upon a person to do or to enforce the doing of an act or thing, all powers shall be deemed to be also conferred as are necessary to enable the person to do or to enforce the doing of the act or thing.

Section 49. Power to appoint Chairperson, etc., of board, etc. Section Where by or under a written law, power is given to a person to appoint a board, commission, committee or similar body, that person may, unless a contrary intention appears, appoint a Chairperson, deputy Chairperson, vice-Chairperson and secretary of the board, commission, committee or similar body.

Section 50. Power to appoint public officer to serve on board, etc. Section Where by or under a written law, power is given to a person to appoint persons to be members of a board, commission, committee or similar body, that person may, unless a contrary intention appears, appoint, by his official designation, a public officer, and, on the appointment and until the appointment shall be revoked or otherwise determined, the person for the time being holding the office in question shall be a member of the board, commission, committee or similar body.