Kenya Independence Act 1963

Provision for fully responsible status of Kenya

1

• (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.

Consequential modifications of British Nationality Acts

2

• (1) On and after the appointed day, the British Nationality Acts 1948 and 1958 shall have effect as if—

• (a) in section 1(3) of the said Act of 1948 (which provides for persons to be British subjects or Commonwealth citizens by virtue of citizenship of certain countries) there were added at the end the words " and Kenya ";

• (b) in Schedule 1 to the British Protectorates, Protected States and Protected Persons Order in Council 1949 the words " Kenya Protectorate " were omitted:

Provided that a person who, immediately before the appointed day, is for the purposes of the said Acts and Order in Council a British protected person by virtue of his connection with the Kenya Protectorate shall not cease to be such a British protected person for any of those purposes by reason of anything in the foregoing provisions of this section, but shall so cease upon his becoming a citizen of Kenya under the law thereof.

• (2) Save as provided by section 3 of this Act, any person who immediately before the appointed day is a citizen of the United Kingdom and Colonies shall on that day cease to be such a citizen if on that day he becomes a citizen of Kenya.

• (3) On and after the appointed day, section 6(2) of the British Nationality Act 1948 (which provides for the registration as a citizen of the United Kingdom and Colonies of a woman who has been married to such a citizen) shall not apply to a woman by virtue of her marriage to a person who on the appointed day ceases to be such a citizen under subsection (2) of this section, or would have done so if living on the appointed day.

• (4) Part III of the British Nationality Act 1948 (which contains supplemental provisions) shall have effect for the purposes of the foregoing subsection and section 3 of this Act as if those provisions were included in that Act.

Persons retaining citizenship of United Kingdom and Colonies although becoming citizens of Kenya

3

• (1) Any reference in subsection (2) or subsection (3) of this section to a colony, protectorate or protected state shall, subject to subsection (7) of this section, be construed as a reference to a territory which is a colony, protectorate or protected state (within the meaning of the British Nationality Act 1948) on the appointed day, and, accordingly, shall not include a reference to Kenya or any part thereof.

• (2) Subject to subsection (6) of this section, a person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(2) of this Act if he, his father or his father's father—

• (a) was born in the United Kingdom or in a colony; or

• (b) is or was a person naturalised in the United Kingdom and Colonies; or

• (c) was registered as a citizen of the United Kingdom and Colonies; or

• (d) became a British subject by reason of the annexation of any territory included in a colony.

• (3) A person shall not cease to be a citizen of the United Kingdom and Colonies under section 2(2) of this Act if he was born in a protectorate or protected state, or if his father or his father's father was so born and is or at any time was a British subject.

• (4) A woman who is the wife of a citizen of the United Kingdom and Colonies shall not cease /to be such a citizen under section 2(2) of this Act unless her husband does so.

• (5) Subject to subsection (6) of this section, the reference in subsection (2)(b) of this section to a person naturalised in the United Kingdom and Colonies shall include a person who would, if living immediately before the commencement of the British Nationality Act 1948, have become a person naturalised in the United Kingdom and Colonies by virtue of section 32(6) of that Act (which relates to persons given local naturalisation before that commencement in a colony or protectorate).

• (6) Subsection (2) of this section shall not apply to a person by virtue of any certificate of naturalisation granted or registration effected by the governor or government of a territory outside the United Kingdom which is not a colony, protectorate or protected state (within the meaning of the said Act of 1948) on the appointed day.

• (7) The protectorates of Northern Rhodesia and Nyasaland shall be excepted from the operation of any reference in this section to a protectorate.

Consequential modification of other enactments

4

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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, . . .

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

Termination of assistance to East African Common Services Organisation

5

Judicial Committee of Privy Council

6

Divorce jurisdiction

7

Interpretation

8

• (1) In this Act “the existing Constitution Order” means the Kenya Order in Council 1963 as amended by the Kenya (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.

Short title

9

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

SCHEDULE 1

1

The Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by any legislature established for Kenya or any part thereof.

2

No law and no provision of any law made on or after the appointed day by any such legislature shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any Act of the Parliament of the United Kingdom, including this Act, or to any order, rule or regulation made under any such Act, and, subject to paragraph 6 of this Schedule, the powers of any such legislature shall include the power to repeal or amend any such Act, order, rule or regulation in so far as it is part of the law of Kenya or any part thereof and in so far as it relates to matters within the legislative powers of that legislature.

3

Any legislature established for Kenya or any part thereof shall have full power to make laws having extra-territorial operation, so far as those laws relate to matters within the legislative powers of that legislature.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

Without prejudice to the genrality of the foregoing provisions of this Schedule, section 4 of the Colonial Courts of Admiralty Act 1890 (which requires certain laws to be reserved for the signification of Her Majesty’s pleasure or to contain a suspending clause), and so much of section 7 of that Act as requires the approval of her Majesty in Council to any rules of court for regulating the practice and procedure of a Colonial Court of Admiralty, shall cease to have effect in Kenya.

6

• (1) Nothing in this Act shall confer on any legislature established for Kenya or any part thereof any power to repeal, amend or modify the constitutional provisions otherwise than in such manner as may be provided for in those provisions.

• (2) In this paragraph “the constitutional provisions” means the following, that is to say—

• (a) this Act;

• (b) any Order in Council revoking the existing Constitution Order and providing for a new constitution for Kenya to come into effect on the appointed day;

• (c) any law, or instrument made under a law, of any legislature established for Kenya or any part thereof which, being a law or instrument made on or after the appointed day, amends, modifies, re-enacts with or without amendment or modification, or makes different provision in lieu of, any provisions of this Act, of the Order in Council first mentioned in this sub-paragraph, or of any such law or instrument previously made.

SCHEDULE 2

Diplomatic Immunities

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the words “and the Republic of Ireland” there shall be inserted the word “Kenya”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial

4

In section 2(4) of the Import Duties Act 1958, before the words “together with” there shall be inserted the words “Kenya”.

Visiting forces

5

In the Visiting Forces (British Commonwealth) Act 1933, section 4 (which deals with attachment and mutual powers of command) shall apply in relation to forces raised in Kenya as it applies in relation to forces raised in Dominions within the meaning of the Statute of Westminster 1931.

6

In the Visiting Forces Act 1952—

• (a) in section 1(1)(a) (which specifies the countries to which that Act applies) at the end there shall be added the words “Kenya, or”

• (b) in section 10(1)(a) the expression “colony” shall not include Kenya or any part thereof;

and, until express provision with respect to Kenya is made by Order in Council under section 8 of that Act (which relates to the application to visiting forces of law relating to home forces), any such Order for the time being in force shall be deemed to apply to visiting forces of Kenya.

Ships and aircraft

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

In the Whaling Industry (Regulation) Act 1934, the expression “British ship to which this Act applies” shall not include a British ship registered in Kenya.

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commonwealth Institute

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Editorial notes

[^c654639]: Ss. 2 and 3 repealed by British Nationality Act 1981 (c. 61, SIF 87), Sch. 9

[^c654640]: S. 4(1) repealed by Interpretation Act 1978 (c. 30, SIF 115:1), Sch. 3

[^c654646]: Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. VI.

[^c654648]: S. 5 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XIII

[^c654649]: S. 6 repealed by Statute Law (Repeals) Act 1977 (c. 18), Sch. 1 Pt. XV

[^c654650]: S. 7 repealed by Family Law Act 1986 (c. 55, SIF 49:3), s. 68(2), Sch. 2

[^c654651]: S.I. 1963 No. 791.

[^c654652]: S.I. 1963 No. 1047.

[^c654653]: 1865 c. 63 (26:1).

[^c654655]: Sch. 1 para. 4 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

[^c654656]: 1890 c. 27 (26:1).

[^c654657]: Sch. 2 para. 1 repealed by Finance Act 1969 (c. 32, SIF 63:1, 2), Sch. 21 Pt. IX

[^c654658]: The text of Sch. 2 para. 2, which is spent, 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

[^c654659]: Sch. 2 para. 3 repealed by International Organisations Act 1981 (c. 9, SIF 68:1), Sch.

[^c654660]: The 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

[^c654661]: 1933 c. 6.

[^c654662]: 1931 c. 4 (22 & 23 Geo. 5).

[^c654663]: 1952 c. 67.

[^c654664]: The 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

[^c654666]: Sch. 2 para. 7 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

[^c654668]: Sch. 2 para. 8 repealed (1.1.1996) by 1995 c. 21, ss. 314(1), 316(2), Sch. 12 (with s. 312(1), Sch. 14 para. 1)

[^c654669]: Sch. 2 para. 9 repealed by Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60, SIF 99:2), Sch. 2