Constitution of Kenya (Repealed) - Kenya Law Reports

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102 Constitution of Kenya[Rev. 2009(a) any rights, interests or other benefits in respect of thatland that were previously vested in any tribe, group,family or individual under African customary law shall beextinguished; and(b) the Government of Kenya shall make prompt payment offull compensation for the setting apart to such persons asunder section 117 (4) are entitled to compensation whenland is set apart in pursuance of that section.(5) Subject to this section, Parliament may prescribe the mannerin which and the conditions subject to which a setting apart under thissection shall be effected.Land no longerrequired for purposesof Government, etc.119. Where the President is satisfied that any land that has beenset apart under section 118 is no longer required for any of the purposesspecified in that section, the President shall in writing so notify thecounty council in whose area of jurisdiction the land is situated, andthereupon the setting apart shall cease to have effect and any estate,interest or right vested in any person or authority in consequence ofthe setting apart shall be extinguished and (without prejudice to thesubsequent making of a further setting apart under any provision ofthis Chapter) the land shall again be held by the county council inaccordance with section 115:Provided that, where an estate, interest or right that is vested in aperson or authority other than the Government of Kenya is extinguishedin pursuance of this section, section 75 (except paragraphs (a) and (b) ofsubsection (1) thereof) shall apply to that extinguishment as if it were acompulsory acquisition by the Government of Kenya under an Act ofParliament of the estate, interest or right so extinguished.Escheat of rights informer Trust land.120. (1) Where a person in whom there is vested an estate, interestor right in or over land to which this section applies dies intestate andwithout heirs, that estate, interest or right shall escheat to the countycouncil in whose area of jurisdiction the land is situated.(2) Where a company in which there is vested any estate, interestor right in or over land and to which this section applies is dissolved,then, except so far as provision is made by the law relating to companiesfor the vesting of that estate, interest or right in some other personor authority, it shall escheat as if it were vested in a person who diesintestate and without heirs.(3) The land to which this section applies is the land, other thanland that is situated in the Nairobi Area (as it was on 12 th December,1964), that is specified in paragraphs (a), (b) and (c) of section 114(1).
Rev. 2009]Constitution of Kenya 103CHAPTER XGENERAL121. (1) A person who is appointed, elected or otherwise selectedto an office established by or under this Constitution may resign fromthat office by writing under his hand addressed to the person or authorityby whom he was appointed, elected or otherwise selected:Resignations.Provided that -(i) the resignation of a person from the office of Presidentshall be addressed to the National Assembly;(ii) the resignation of a person from the office of Speakeror Deputy Speaker of the National Assembly shall beaddressed to the Assembly;(iii) the resignation of a person from the office of member ofthe National Assembly or from the office of chairman ormember of a committee of the National Assembly shallbe addressed to the Speaker of the Assembly.(2) The resignation of a person from an office as aforesaid shalltake effect when the writing signifying the resignation is received bythe person or authority to whom it is addressed or a person authorizedby that person or authority to receive it.122. (1) Where a person has vacated an office established byor under this Constitution, he may, if qualified, again be appointed,elected or otherwise selected to hold that office in accordance withthis Constitution.Reappointmentsand concurrentappointments(2) Where this Constitution vests in a person or authority thepower to make an appointment to an office (other than the office ofVice-President or Minister), a person may be appointed to that office,notwithstanding that some other person may be holding that office, whenthat other person is on leave of absence pending the relinquishment ofthe office; and where two or more persons are holding the same officeby reason of an appointment made in pursuance of this subsection,then, for the purposes of any function conferred upon the holder of thatoffice, the person last appointed shall be deemed to be the sole holderof the office.123. (1) In this Constitution, unless the context otherwiserequires-Interpretation.7 of 1982, s. 9,7 of 1984, s. 6,
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Constitution of Kenya (Repealed) - Kenya Law Reports

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