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Revised Statute from The UK Statute Law Database

Kenya Independence Act 1963 (c. 54)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2006 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

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Kenya Independence Act 1963

1963 CHAPTER 54

An Act to make provision for, and in connection with, the attainment by Kenya of fully responsible status within the Commonwealth, including provision for terminating the giving of financial and other assistance to the East African Common Services Organisation under the Colonial Development and Welfare Act 1959.

[3rd December 1963]

1 Provision for fully responsible status of Kenya

(1)On and after 12th December 1963 (in this Act referred to as “the appointed day”) Her Majesty’s Government in the United Kingdom shall have no responsibility for the government of Kenya or any part thereof.

(2)No Act of the Parliament of the United Kingdom passed on or after the appointed day shall extend, or be deemed to extend, to Kenya, or any part of Kenya, as part of the law thereof; and on and after that day the provisions of Schedule 1 to this Act shall have effect with respect to legislative powers in Kenya.

(3)In this Act “Kenya” includes the territories comprised immediately before the appointed day in the Kenya Protectorate.

2, 3.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 2 and 3 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

4 Consequential modification of other enactments

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)On and after the appointed day—

(a)the expression “colony” in the M1Army Act 1955, the M2Air Force Act 1955 and the M3Naval Discipline Act 1957 shall not include Kenya or any part thereof; and

(b)in the definitions of “Commonwealth force” in sections 225(1) and 223(1) respectively of the said Acts of 1955, and in the definition of “Commonwealth country” in section 135(1) of the said Act of 1957, at the end there shall be added the words “or Kenya”.

(3)No Order in Council made after 31st December 1963 under section 1 of the M4Army and Air Force Act 1961 shall operate to continue either of the said Acts of 1955 in force as part of the law of Kenya or any part thereof.

(4)On and after the appointed day, the provisions specified in Schedule 2 to this Act shall have effect subject to the amendments respectively specified in that Schedule, . . . F2

(5)Subsection (4) of this section, Schedule 2 to this Act . . . F2 shall not extend to Kenya or any part of Kenya, as part of the law thereof.

Annotations:

Amendments (Textual)

F1S. 4(1) repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3

F2Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VI.

Modifications etc. (not altering text)

C1The text of s. 4(2)(b), Sch. 2 paras. 4, 6(a), 7, 8 and 13 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M11955 c. 18 (7:1).

M21955 c. 19 (7:1).

M31957 c. 53 (7:1).

M41961 c. 52 (7:1).

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 5 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XIII

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 6 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 7 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2

8 Interpretation

(1)In this Act “the existing Constitution Order” means the M1Kenya Order in Council 1963 as amended by the M2Kenya (Amendment) Order in Council 1963; and references in this Act to Kenya shall be construed in accordance with section 1(3) of this Act.

(2)References in this Act to any enactment are references to that enactment as amended or extended by or under any other enactment.

Annotations:

Marginal Citations

M1S.I. 1963 No. 791.

M2S.I. 1963 No. 1047.

9 Short title

This Act may be cited as the Kenya Independence Act 1963.