Constitution of Kenya (Repealed) - Kenya Law Reports

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74 Constitution of Kenya[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 Kenya Gazette.(4) An order made under this section and approved by a resolutionof the National Assembly in accordance with subsection (2) may atany time be revoked by a resolution of the Assembly supported by amajority of all the members of the Assembly (excluding the ex officiomembers).(5) Whenever the election of the President results in a change inthe holder of that office an order made under this section and in forceimmediately before the day on which the President assumes officeshall cease to have effect on the expiration of seven days commencingwith that day.(6) The expiry or revocation of an order made under this sectionshall be without prejudice to the validity of anything previously doneunder the order or to the making of 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 Kenya 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 of adisciplined force;“disciplined force” means -(a) any of 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 Kenya; and
Rev. 2009]Constitution of Kenya 75“member”, in relation to a disciplined force, includes any personwho, under the law regulating the discipline of that force, is subject tothat discipline.(2) In relation to a person who is a member of a disciplined forceraised under any law in force in Kenya, nothing contained in or doneunder the authority of the disciplinary law of that force shall be heldto be inconsistent with or in contravention of any of the provisions ofthis Chapter other than sections 71, 73 and 74.(3) In relation to a person who is a member of a disciplined forceraised otherwise than as aforesaid and lawfully present in Kenya, nothingcontained in or done under the authority of the disciplinary law of thatforce shall be held to be inconsistent with or in contravention of any ofthe provisions of this Chapter.CHAPTER VICITIZENSHIP87*. (1) Every person who, having been born in Kenya, is on11 th December, 1963 a citizen of the United Kingdom and Coloniesor a British protected person shall become a citizen of Kenya on 12 thDecember, 1963:Persons who becomecitizens on 12thDecember, 1963.Provided that a person shall not become a citizen of Kenya byvirtue of this subsection if neither of his parents was born in Kenya.(2) Every person who, having been born outside Kenya, is on11 th December, 1963 a citizen of the United Kingdom and Colonies ora British protected person shall, if his father becomes, or would but forhis death have become, a citizen of Kenya by virtue of subsection (1),become a citizen of Kenya on 12 th December, 1963.88*. (1) A person who, but for the proviso to section 87 (1), wouldbe a citizen of Kenya by virtue of that subsection shall be entitled, uponmaking application before the specified date in such manner as maybe prescribed by or under an Act of Parliament, to be registered as acitizen of Kenya:Provided that a person who has not attained the age of 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 virtueof connexion withKenya before 12thDecember, 1963.*Sections 87 and 88, although spent in their effect, are retained forthe sake of clarification. The same applies to section 97(2) and section98(6)(b)
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