Constitution of Kenya (Repealed) - Kenya Law Reports

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72 Constitution of Kenya[Rev. 2009presided over by a person appointed by the President fromamong persons qualified to be appointed as a judge of theHigh Court;(d) he shall be afforded reasonable facilities to consult a legalrepresentative of his own choice who shall be permitted tomake representations to the tribunal appointed for the reviewof the case of the detained person; and(e) at the hearing of his case by the tribunal appointed for thereview of his case he shall be permitted to appear in personor by a legal representative of his own choice.(3) On a review by a tribunal in pursuance of this section of thecase of a detained person, the tribunal may make recommendationsconcerning the necessity or expediency of continuing his detention tothe authority by which it was ordered but, unless it is otherwise providedby law, that authority shall not be obliged to act in accordance with anysuch recommendations.(4) Nothing contained in subsection (2) (d) or (e) shall be construedas entitling a person to legal representation at public expense.Enforcement ofprotectiveprovisions.6 of 1992, s. 10,9 of 1997, s. 10.84. (1) Subject to subsection (6), if a person alleges that any ofthe provisions of sections 70 to 83 (inclusive) has been, is being or islikely to be contravened in relation to him (or, in the case of a personwho is detained, if another person alleges a contravention in relation tothe detained person), then, without prejudice to any other action withrespect to the same matter which is lawfully available, that person (orthat other person) may apply to the High Court for redress.(2) The High Court shall have original jurisdiction -(a) to hear and determine an application made by a person inpursuance of subsection (1);(b) to determine any question arising in the case of a personwhich is referred to it in pursuance of subsection (3), and maymake such orders, issue such writs and give such directionsas it may consider appropriate for the purpose of enforcing orsecuring the enforcement of any of the provisions of sections70 to 83 (inclusive).(3) If in proceedings in a subordinate court a question arisesas to the contravention of any of the provisions of sections 70 to 83(inclusive), the person presiding in that court may, and shall if any partyto the proceedings so requests, refer the question to the High Court
Rev. 2009]Constitution of Kenya 73unless, in his opinion, the raising of the question is merely frivolousand vexatious.(4) Where a question is referred to the High Court in pursuance ofsubsection (3), the High Court shall give its decision upon the questionand the court in which the question arose shall dispose of the case inaccordance with that decision.(5) Parliament -(a) may confer upon the High Court such powers in addition tothose conferred by this section as may appear to be necessaryor desirable for the purpose of enabling that Court, moreeffectively, to exercise the jurisdiction conferred upon it bythis section; and(b) shall make provision -(i) for the rendering of financial assistance to any indigentcitizen of Kenya where his right under this Chapter hasbeen infringed or with a view to enabling him engage theservices of an advocate to prosecute his claim; and(ii) for ensuring that allegations of infringement of such rightsare substantial and the requirement or need for financialor legal aid is real.(6) The Chief Justice may make rules with respect to the practiceand procedure of the High Court in relation to the jurisdiction and powersconferred on it by or under this section (including rules with respect tothe time within which applications may be brought and references shallbe made to the High Court).(7) A person aggrieved by the determination of the High Courtunder this section may appeal to the Court of Appeal as of right.85. (1) Subject to this section, the President may at any time,by order published in the Kenya Gazette, bring into operation, generallyor in any part of Kenya, Part III of the Preservation of Public SecurityAct or any of the provisions of that Part of that Act.Preservation ofpublic security.Cap. 57.(2) An order made under this section shall cease to have effecton the expiration of the period of twenty-eight days commencing withthe day on which the order is made, unless before the expiration of thatperiod it has been approved by a resolution of the National Assembly;but in reckoning any period of twenty-eight days for the purposes ofthis subsection no account shall be taken of any time during which
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Constitution of Kenya (Repealed) - Kenya Law Reports

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