Constitution of Kenya (Repealed) - Kenya Law Reports

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60 Constitution of Kenya[Rev. 2009referred to in paragraph (a) the right of access shall be by way of appeal(exercisable as of right at the instance of the person having the right orinterest in the property) from a tribunal or authority, other than the HighCourt, having jurisdiction under any law to determine that matter.(3) The Chief Justice may make rules with respect to the practiceand procedure of the High Court or any other tribunal or authority inrelation to the jurisdiction conferred on the High Court by subsection(2) or exercisable by the other tribunal or authority for the purposes ofthat subsection (including rules with respect to the time within whichapplications or appeals to the High Court or applications to the othertribunal or authority may be brought).(4) and (5) (Deleted by 13 of 1977, s. 3.)(6) Nothing contained in or done under the authority of any lawshall be held to be inconsistent with or in contravention of subsection(1) or (2) -(a) to the extent that the law in question makes provision forthe taking of possession or acquisition of property -(i) in satisfaction of any tax, duty, rate, cess or otherimpost;(ii) by way of penalty for breach of the law, whether undercivil process or after conviction of a criminal offenceunder the law of Kenya;(iii) as an incident of a lease, tenancy, mortgage, charge, billof sale, pledge or contract;(iv) in the execution of judgments or orders of a court inproceedings for the determination of civil rights orobligations;(v) in circumstances where it is reasonably necessary so to dobecause the property is in a dangerous state or injuriousto the health of human beings, animals or plants;(vi) in consequence of any law with respect to the limitationof actions; or(vii) for so long only as may be necessary for the purposesof an examination, investigation, trial or inquiry or, inthe case of land, for the purposes of the carrying outthereon of work of soil conservation or the conservation
Rev. 2009]Constitution of Kenya 61of other natural resources or work relating to agriculturaldevelopment or improvement (being work relating to thedevelopment or improvement that the owner or occupierof the land has been required, and has without reasonableexcuse refused or failed, to carry out),and except so far as that provision or, as the case may be,the thing done under the authority thereof is shown not to bereasonably justifiable in a democratic society; or(b) to the extent that the law in question makes provision forthe taking of possession or acquisition of -(i) enemy property;(ii) property of a deceased person, a person of unsound mindor a person who has not attained the age of eighteen years,for the purpose of its administration for the benefit of thepersons entitled to the beneficial interest therein;(iii) property of a person adjudged bankrupt or a body corporatein liquidation, for the purpose of its administration for thebenefit of the creditors of the bankrupt or body corporateand, subject thereto, for the benefit of other personsentitled to the beneficial interest in the property; or(iv) property subject to a trust, for the purpose of vestingthe property in persons appointed as trustees under theinstrument creating the trust or by a court or, by order ofa court, for the purpose of giving effect to the trust.(7) Nothing contained in or done under the authority of an Actof Parliament shall be held to be inconsistent with or in contraventionof this section to the extent that the Act in question makes provisionfor the compulsory taking possession of property or the compulsoryacquisition of any interest in or right over property where that property,interest or right is vested in a body corporate, established by law forpublic purposes, in which no moneys have been invested other thanmoneys provided by Parliament.76. (1) Except with his own consent, no person shall be subjectedto the search of his person or his property or the entry by others on hispremises.Protection againstarbitrary search orentry.(2) Nothing contained in or done under the authority of any lawshall be held to be inconsistent with or in contravention of this sectionto the extent that the law in question makes provision -
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Constitution of Kenya (Repealed) - Kenya Law Reports

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