Constitution of Kenya (Repealed) - Kenya Law Reports

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104 Constitution of Kenya[Rev. 200912 of 1991, s. 7,6 of 1992, s. 11.“the Commonwealth” means Kenya, a country to which section95 applies and a dependency of any such country;“district” means one of the districts into which Kenya is dividedin the manner prescribed by an Act of Parliament;“the East African Community” means the East AfricanCommunity established by Article I of the Treaty for East AfricanCo-operation signed on 6 th June, 1967, and includes the corporationsspecified in Article 71 of that Treaty and the East African DevelopmentBank established by Article 21 of that Treaty;“financial year” means the period of twelve months ending on30th June or on such other day as Parliament may prescribe;“Kenya” means the territory comprised in Kenya on 12 thDecember, 1963 and the territorial waters of Kenya as for the timebeing defined by an Act of Parliament;“local authority” means a municipal, county, town or urbancouncil, or a council for any other area, established by or under an Actof Parliament;“oath” includes affirmation;“the oath of allegiance” means an oath of allegiance as may beprescribed by Parliament;10 of 2008.“Parliamentary Select Committee” means the ParliamentarySelect Committee on the Review of the Constitution.“person” includes a body of persons corporate orunincorporate;“political party” means a political party which is duly registeredunder any law which requires political parties to be registered, and whichhas complied with the requirements of any law as to the constitutionor rules of political parties nominating candidates for the NationalAssembly;“province” means one of the provinces into which Kenya isdivided in the manner prescribed by an Act of Parliament;“public officer” means a person holding or acting in an office inthe public service;“the public service” includes the public service at any time before
Rev. 2009]Constitution of Kenya 10512 th December, 1963;“session” means the period beginning when the National Assemblyfirst sits after 11 th December, 1963 or after Parliament is prorogued ordissolved at any time and ending when Parliament is prorogued or isdissolved without having been prorogued;“sitting” means, in relation to the National Assembly, a periodduring which the Assembly is sitting without adjournment and includesany period during which it is in committee;“subordinate court” means a court of law in Kenya other than -(a) the High Court;(b) a court having jurisdiction to hear appeals from the HighCourt; or(c) a court-martial;“writing” includes printing and any other mode of reproducingwords in a visible form.(2) Except where the context otherwise requires, any powersconferred upon Parliament by this Constitution to establish, providefor or prescribe any matter or thing shall be exercisable by Act ofParliament.(3) For the purposes of this Constitution, a person shall not beregarded as holding an office by reason only of the fact that he is inreceipt of a pension or other similar allowance.(4) In this Constitution, unless the context otherwise requires, areference to the holder of an office by the term designating his officeshall be construed as including, to the extent of his authority, a referenceto any person for the time being authorized to exercise the functionsof that office.(5) Where this Constitution confers a power or imposes a duty,then, unless the contrary intention appears, the power may be exercisedand the duty shall be performed from time to time as occasion arises.(6) Subject to this Constitution, any provision in this Constitutionthat vests in a person or authority the power to remove a public officerfrom his office shall be without prejudice to the power of a person orauthority to abolish an office or to any law providing for the compulsoryretirement of public officers generally or any class of public officers on
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