Kenya Act or statute

Parliament of Kenya

Chiefs' Act

Jurisdiction: Kenya
Structure: 26 provisions
Citation: Cap. 128
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the Chiefs’ Act.”

This Act may be cited as the Chiefs’ Act. "chief" and "assistant chief" are defined as the persons appointed to those offices in the public service. Section 3 has been repealed by Act No. 10 of 1997 (Schedule). Gives the chief the power to issue orders for certain purposes, and (separately) mentions prohibiting or restricting consumption, possession and supply of intoxicating liquor to young persons. Section repealed by ActNo. 10 of 1997, Sch.;

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PRELIMINARY - 1. Short title

This Act may be cited as the Chiefs’ Act.

Section 1

GENERAL - 13. Power to require work or services for conservation of natural resources

Grants power to require work or services for conservation of natural resources when the work or service is of important direct interest to the community called upon.

Section 13

GENERAL - 20.[Repealed by No. 12 of 2017, s. 28.]

Section 20 has been repealed.

Section 20

GENERAL - 9.[Repealed by ActNo. 10 of 1997, Sch.]

Section 9 was repealed by ActNo. 10 of 1997, Sch.

Section 9

RULES - 26. Rules

The Cabinet Secretary may make rules to carry the provisions of the Act into effect.

Section 26

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Source record from new.kenyalaw.org · As at 31 Dec 2022

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Showing 26 of 26 provisions

Repeal 12Provision 10Offence 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Chiefs’ Act.

Section 1. Short title Section This Act may be cited as the Chiefs’ Act. [L.N. 101/1964. Sch., Act No. 10 of 1997 , Sch.]

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

"chief" and "assistant chief" are defined as the persons appointed to those offices in the public service.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "chief" and "assistant chief" respectively mean the persons appointed for any area to the offices of chief and assistant chief, respectively, in the public service. [L.N. 461/1963, Sch., L.N. 101/1964, Sch., Act No. 17 of 1967 , 1st Sch., Act No. 13 of 1978 , Sch.]

Section 2Verify source

§ 3PRELIMINARY - 3.[Repealed by ActNo. 10 of 1997, Sch.]Repeal

Section 3 has been repealed by Act No. 10 of 1997 (Schedule).

Section 3.[Repealed by ActNo. 10 of 1997, Sch.]

Section 3Verify source

Part II

GENERAL

§ 10GENERAL - 10. Power of chief to issue orders for certain purposesProvision

Gives the chief the power to issue orders for certain purposes, and (separately) mentions prohibiting or restricting consumption, possession and supply of intoxicating liquor to young persons.

Section 10. Power of chief to issue orders for certain purposes Section prohibiting or restricting the consumption or possession of intoxicating liquor by, and the supply of such liquor to, young persons;

Section 10Verify source

§ 11GENERAL - 11. Further powers of chiefs to issue ordersRepeal

Section repealed by ActNo. 10 of 1997, Sch.;

Section 11. Further powers of chiefs to issue orders Section repealed by ActNo. 10 of 1997, Sch.;

Section 11Verify source

§ 12GENERAL - 12. Power to require work or services in emergencyProvision

The Cabinet Secretary must provide food, housing and transport as considered necessary to persons performing work or services under this section while they are engaged.

Section 12. Power to require work or services in emergency Section the Cabinet Secretary shall provide such food, housing and transport as he may consider necessary for persons engaged in performing any work or rendering any service under this section, while so engaged;

Section 12Verify source

§ 13GENERAL - 13. Power to require work or services for conservation of natural resourcesProvision

Grants power to require work or services for conservation of natural resources when the work or service is of important direct interest to the community called upon.

Section 13. Power to require work or services for conservation of natural resources Section that the work to be done or the service to be rendered is of important direct interest to the community called upon to do the work or render the service;

Section 13Verify source

§ 14GENERAL - 14. Remuneration and limitation on duration of work or services undersection 13Provision

Persons required to work or render services under section 13 must be paid not less favourably than similar work in the district, may not be required to work more than sixty days in any twelve‑month period (including travel), and persons who perform such work must be furnished with a certificate showing the periods worked.

Section 14. Remuneration and limitation on duration of work or services undersection 13 Section 14(1) Any person required to do any work or render any service under section 13 shall be remunerated at a rate not less favourable than the rate prevailing for similar work or service in the district in which such work is performed or such service is rendered, and shall not be called upon to do any such work or render any such service for any period exceeding, or for any periods exceeding in the aggregate, sixty days, inclusive of any time spent in going to and returning from the place of work, in any one period of twelve months. Section 14(2) Every person who performs any work or renders any service under section 13 shall be furnished with a certificate showing the period or periods during which he has performed such work or rendered such service. [Act No. 43 of 1952 , s. 3, L.N. 101/1964, Sch.]

Section 14Verify source

§ 15GENERAL - 15. Exemptions fromsection 13Provision

Exempts any person under 18 or over 50 from section 13.

Section 15. Exemptions fromsection 13 Section any person under the age of eighteen years or over the age of fifty years;

Section 15Verify source

§ 16GENERAL - 16. Compensation for death or injuryProvision

A person performing work or service under sections 12 or 13 is treated as a workman employed by the Government for the purposes of the Work Injury Benefits Act.

Section 16. Compensation for death or injury Section Any person engaged in performing any work or rendering any service under section 12 or section 13 shall, while so engaged, be deemed, for the purposes of the Work Injury Benefits Act ( Cap. 236 ) to be a workman employed by the Government, and, notwithstanding anything to the contrary contained therein, the provisions of that Act shall apply in respect of such person accordingly: Provided that, for the purposes of calculating the amount of any compensation payable under that Act by virtue of the provisions of this section, the rate of earnings of such person shall be deemed to be the rate of remuneration paid or payable to such person under section 12 or section 14 , as the case may be, and, where no remuneration is so paid or payable, shall be the rate of remuneration prevailing in the district in which work was being performed or service rendered by such person under this Act for work or service similar thereto. [Act No. 43 of 1952 , s. 3.]

Section 16Verify source

§ 17GENERAL - 17. Administrative officer may require chief to issue or cancel ordersProvision

An administrative officer may require or direct a chief to issue, cancel, or refrain from enforcing orders when the officer considers the order should not have been issued or enforced.

Section 17. Administrative officer may require chief to issue or cancel orders Section Whenever an administrative officer, considers that any order issued by a chief should not have been issued or should not be enforced he may direct the chief to cancel the order or to refrain from enforcing the order. [Act No. 43 of 1952 , Sch., L.N. 461/1963, Sch., Act No. 10 of 1997 , Sch.]

Section 17Verify source

§ 18GENERAL - 18. Penalty for disobeying ordersOffence

Anyone who, without lawful excuse, disobeys or fails to comply with a lawful order from a chief or assistant chief commits an offence and is liable to a fine up to five hundred shillings or, if the fine is not paid, to extra mural penal employment for up to fourteen days.

Section 18. Penalty for disobeying orders Section Any person who, without lawful excuse, disobeys or fails to comply with any lawful order issued or given by a chief or assistant chief under this Act shall be guilty of an offence and liable to a fine not exceeding five hundred shillings and in default of payment, to extra mural penal employment for a period not exceeding fourteen days. [Act No. 43 of 1952 , Sch., L.N. 461/1963, Sch., L.N. 101/1964, Sch., Act No. 17 of 1967 , 1st Sch., Act No. 13 of 1978 , Sch., Act No. 10 of 1997 , Sch.]

Section 18Verify source

§ 19GENERAL - 19.[Repealed by ActNo. 10 of 1997, Sch.]Repeal

Section 19 has been repealed.

Section 19.[Repealed by ActNo. 10 of 1997, Sch.]

Section 19Verify source

§ 20GENERAL - 20.[Repealed by No. 12 of 2017, s. 28.]Repeal

Section 20 has been repealed.

Section 20.[Repealed by No. 12 of 2017, s. 28.]

Section 20Verify source

§ 4GENERAL - 4.[Repealed by L.N. 461/1963, Sch.]Repeal

Section has been repealed.

Section 4.[Repealed by L.N. 461/1963, Sch.]

Section 4Verify source

§ 5GENERAL - 5.[Repealed by L.N. 461/1963, Sch.]Repeal

Section 5 has been repealed.

Section 5.[Repealed by L.N. 461/1963, Sch.]

Section 5Verify source

§ 6GENERAL - 6. Duty of chief to maintain orderProvision

Every chief or assistant chief must maintain order in the area for which he is appointed.

Section 6. Duty of chief to maintain order Section It shall be the duty of every chief or assistant chief to maintain order in the area in respect of which he is appointed, and for such purpose he shall have and exercise the jurisdiction and powers by this Act conferred upon him over persons residing or being within such area. [Act No. 43 of 1952 , Sch., L.N. 101/1964, Sch., Act No. 13 of 1978 , Sch.]

Section 6Verify source

§ 7GENERAL - 7. Chief may employ persons to assist him in carrying out dutiesProvision

A chief or assistant chief may employ persons under his jurisdiction to assist with duties, and those employed may carry out lawful orders of a chief or assistant chief.

Section 7. Chief may employ persons to assist him in carrying out duties Section A chief or assistant chief may employ any person or persons subject to his jurisdiction to assist him in carrying out the duties imposed upon him by this Act or otherwise by law, and any person so employed may carry out and give effect to any lawful order given by a chief or assistant chief. [Act No. 43 of 1952 , Sch., Act No. 13 of 1978 , Sch.]

Section 7Verify source

§ 8GENERAL - 8. Powers of chief in prevention of crimeOffence

Chiefs and assistant chiefs must try to prevent offences within their local jurisdiction; they may interpose to prevent offences, may arrest when prevention otherwise cannot occur (with arrested persons taken without delay to the nearest police station), must arrest persons known to have committed cognizable offences or subject to warrants, and must seize stolen livestock or property found within their jurisdiction and report it to an administrative officer.

Section 8. Powers of chief in prevention of crime Section 8(1) Any chief or assistant chief may interpose for the purpose of preventing, and shall to the best of his ability prevent, the commission of any offence by any person within the local limits of his jurisdiction. Section 8(2) Any chief or assistant chief knowing of a design by any person to commit an offence within the local limits of his jurisdiction may, if it appears to such chief or assistant chief that the commission of the offence cannot be otherwise prevented, arrest or direct the arrest of such person; and any person arrested under the powers conferred by this subsection shall, without delay, be taken to the nearest police station. Section 8(3) Every chief or assistant chief receiving information that any person who has committed a cognizable offence triable by any court or for whose arrest a warrant has been issued, is within the local limits of his jurisdiction shall cause such person to be arrested and to be taken forthwith before a court having jurisdiction in the matter. Section 8(4) Every chief or assistant chief receiving information that any cattle or other livestock or other property of any description which has been stolen outside the local limits of his jurisdiction has been brought and is within such local limits shall cause such cattle or other livestock or other property to be seized and detained pending the orders of an administrative officer, and shall forthwith report such seizure and detention to an administrative officer. [Act No. 43 of 1952 , Sch., L.N. 461/1963, Sch., L.N. 101/1964, Sch., Act No. 9 of 1967 , Sch., Act No. 17 of 1967 , 1st Sch., Act No. 13 of 1978 , Sch., Act No. 10 of 1997 , Sch.]

Section 8Verify source

§ 9GENERAL - 9.[Repealed by ActNo. 10 of 1997, Sch.]Repeal

Section 9 was repealed by ActNo. 10 of 1997, Sch.

Section 9.[Repealed by ActNo. 10 of 1997, Sch.]

Section 9Verify source

Part III

FAMINE RELIEF

§ 21FAMINE RELIEF - 21.[Repealed by ActNo. 10 of 1997, Sch.]Repeal

Section 21 has been repealed.

Section 21.[Repealed by ActNo. 10 of 1997, Sch.]

Section 21Verify source

§ 22FAMINE RELIEF - 22.[Repealed by ActNo. 10 of 1997, Sch.]Repeal

Section 22 was repealed by ActNo. 10 of 1997, Sch.

Section 22.[Repealed by ActNo. 10 of 1997, Sch.]

Section 22Verify source

§ 23FAMINE RELIEF - 23.[Repealed by ActNo. 10 of 1997, Sch.]Repeal

Section 23 has been repealed by Act No. 10 of 1997 (Schedule).

Section 23.[Repealed by ActNo. 10 of 1997, Sch.]

Section 23Verify source

§ 24FAMINE RELIEF - 24.[Repealed by ActNo. 10 of 1997, Sch.]Repeal

Section 24 has been repealed by ActNo. 10 of 1997, Sch.

Section 24.[Repealed by ActNo. 10 of 1997, Sch.]

Section 24Verify source

§ 25FAMINE RELIEF - 25.[Repealed by ActNo. 10 of 1997, Sch.]Repeal

Section 25 has been repealed.

Section 25.[Repealed by ActNo. 10 of 1997, Sch.]

Section 25Verify source

Part IV

RULES

§ 26RULES - 26. RulesProvision

The Cabinet Secretary may make rules to carry the provisions of the Act into effect.

Section 26. Rules Section The Cabinet Secretary may make rules for the better carrying into effect of the provisions of this Act. [L.N. 461/1963, Sch.]

Section 26Verify source

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Work Injury Benefits Act
Section 16

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31 Dec 2022 · currentEnglish

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