74 <strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong>[Rev. 2009Parliament is dissolved.(3) An order made under this section may at any time be revokedby the President by an order published in the <strong>Kenya</strong> Gazette.(4) An order made under this section and approved by a resolution<strong>of</strong> the National Assembly in accordance with subsection (2) may atany time be revoked by a resolution <strong>of</strong> the Assembly supported by amajority <strong>of</strong> all the members <strong>of</strong> the Assembly (excluding the ex <strong>of</strong>ficiomembers).(5) Whenever the election <strong>of</strong> the President results in a change inthe holder <strong>of</strong> that <strong>of</strong>fice an order made under this section and in forceimmediately before the day on which the President assumes <strong>of</strong>ficeshall cease to have effect on the expiration <strong>of</strong> seven days commencingwith that day.(6) The expiry or revocation <strong>of</strong> an order made under this sectionshall be without prejudice to the validity <strong>of</strong> anything previously doneunder the order or to the making <strong>of</strong> a new order.Interpretation andsavings.86. (1) In this Chapter, except where the context otherwiserequires -“contravention”, in relation to a requirement, includes a failureto comply with that requirement, and cognate expressions shall beconstrued accordingly;“court” means any court having jurisdiction in <strong>Kenya</strong> other thana court established by a disciplinary law, but includes, in sections 71and 73, a court established by a disciplinary law;“disciplinary law” means a law regulating the discipline <strong>of</strong> adisciplined force;“disciplined force” means -(a) any <strong>of</strong> the armed forces;(b) a police force;(c) a prison service; or(d) the National Youth Service;“legal representative” means a person entitled to practise as anadvocate in <strong>Kenya</strong>; and
Rev. 2009]<strong>Constitution</strong> <strong>of</strong> <strong>Kenya</strong> 75“member”, in relation to a disciplined force, includes any personwho, under the law regulating the discipline <strong>of</strong> that force, is subject tothat discipline.(2) In relation to a person who is a member <strong>of</strong> a disciplined forceraised under any law in force in <strong>Kenya</strong>, nothing contained in or doneunder the authority <strong>of</strong> the disciplinary law <strong>of</strong> that force shall be heldto be inconsistent with or in contravention <strong>of</strong> any <strong>of</strong> the provisions <strong>of</strong>this Chapter other than sections 71, 73 and 74.(3) In relation to a person who is a member <strong>of</strong> a disciplined forceraised otherwise than as aforesaid and lawfully present in <strong>Kenya</strong>, nothingcontained in or done under the authority <strong>of</strong> the disciplinary law <strong>of</strong> thatforce shall be held to be inconsistent with or in contravention <strong>of</strong> any <strong>of</strong>the provisions <strong>of</strong> this Chapter.CHAPTER VICITIZENSHIP87*. (1) Every person who, having been born in <strong>Kenya</strong>, is on11 th December, 1963 a citizen <strong>of</strong> the United Kingdom and Coloniesor a British protected person shall become a citizen <strong>of</strong> <strong>Kenya</strong> on 12 thDecember, 1963:Persons who becomecitizens on 12thDecember, 1963.Provided that a person shall not become a citizen <strong>of</strong> <strong>Kenya</strong> byvirtue <strong>of</strong> this subsection if neither <strong>of</strong> his parents was born in <strong>Kenya</strong>.(2) Every person who, having been born outside <strong>Kenya</strong>, is on11 th December, 1963 a citizen <strong>of</strong> the United Kingdom and Colonies ora British protected person shall, if his father becomes, or would but forhis death have become, a citizen <strong>of</strong> <strong>Kenya</strong> by virtue <strong>of</strong> subsection (1),become a citizen <strong>of</strong> <strong>Kenya</strong> on 12 th December, 1963.88*. (1) A person who, but for the proviso to section 87 (1), wouldbe a citizen <strong>of</strong> <strong>Kenya</strong> by virtue <strong>of</strong> that subsection shall be entitled, uponmaking application before the specified date in such manner as maybe prescribed by or under an Act <strong>of</strong> Parliament, to be registered as acitizen <strong>of</strong> <strong>Kenya</strong>:Provided that a person who has not attained the age <strong>of</strong> twenty-oneyears (other than a woman who is or has been married) may not himselfmake an application under this subsection, but an application may bemade on his behalf by his parent or guardian.Persons entitledto be registered ascitizens by virtue<strong>of</strong> connexion with<strong>Kenya</strong> before 12thDecember, 1963.*Sections 87 and 88, although spent in their effect, are retained forthe sake <strong>of</strong> clarification. The same applies to section 97(2) and section98(6)(b)