Interpretation and General Provisions Act

This Act may be cited as the Interpretation and General Provisions Act.

The Act does not apply to the construction or interpretation of the Constitution; the Constitution is not a 'written law' for the purposes of this Act.

Section 3 provides interpretation rules and definitions: definitions extend to grammatical variations and cognate expressions; masculine terms include females unless a contrary intention appears; singular and plural forms include each other unless a contrary intention appears; and specifies receivers of national and county revenue under the Public Finance Management Act.

Section 4 has been repealed.

Section 5 has been repealed.

Section 6 has been repealed.

All Acts shall be divided into sections.

Applied laws must be read with necessary formal alterations (to names, localities, courts, officers, persons, moneys, penalties, etc.) to make them applicable, and references to specialized courts (Probate, Bankruptcy or Admiralty) are to be read as references to the High Court exercising the appropriate jurisdiction.

Section 12 has been repealed.

A reference to a written law is to be read as including its amendments.

Section 14 has been repealed by Act No. 18 of 1968, s. 5.

Section 15 has been repealed.

Section 16 has been repealed by Act No. 18 of 1968, s. 5.

Section 17: repealed by Act No. 18 of 1968, s. 5.

This section has been repealed.

Section 19: Time when written law comes into operation

If a written law that repealed an earlier law is itself repealed, the earlier law is not revived unless words are added reviving it.

When a written law that amended another written law is repealed, that repeal also repeals the specific amendments made to other written laws unless a contrary intention appears.

A written law that has been repealed (wholly or partly) stays in force until the substituted provisions come into operation.

References in one written law to another include later amendments; references to repealed provisions refer to re‑enacted provisions unless a contrary intention appears; repeal does not revive or affect various past rights, liabilities, penalties or proceedings and such investigations or penalties may be continued or imposed as if the repeal had not occurred.

When an Act or part of an Act is repealed, subsidiary legislation made under that repealed Act remains in force, unless inconsistent with the repealing Act, until it is revoked or repealed by subsidiary legislation made under the repealing Act.

When one written law amends another, the amending written law must be read as part of the amended written law, subject to consistency with its tenor and unless a contrary intention appears.

Section title: "Effect of expiry of written law".

Section 27 has been repealed by Act No. 23 of 2013, s. 27.

Subsidiary legislation may operate retrospectively, but no person can be made liable to any penalty for acts or failures before the day that subsidiary legislation is published in the Gazette.

Expressions used in subsidiary legislation must, unless a contrary intention appears, have the same meanings as in the Act that conferred the power; a reference to “the Act” in subsidiary legislation means that Act.

When an Act does not commence immediately, powers conferred by the Act may be exercised after publication to do what is necessary or expedient to bring the Act into operation on commencement day, but instruments made under those powers do not come into operation until the Act does unless the Act shows a contrary intention or such contrary is necessary.

When subsidiary legislation is purportedly made under a particular power, it is deemed also to be made under all other powers enabling it.

A reference to a written law in another written law includes any subsidiary legislation made under that written law.

An act done under subsidiary legislation made under a power in an Act is deemed to be done under that Act.

Section 34 has been repealed.

Section 35 lists types of fees or charges that may be specified, including specific fees, maximums and minimums, payment conditions, and reduction, waiver or refund (in whole or part). It also lists scopes for such provisions (certain matters, documents, events, persons, or combinations).

The President may, by order, transfer to a Cabinet Secretary the exercise of a power or the performance of a duty conferred on or vested in the President.

If a Cabinet Secretary's or public officer's office is vacant or they are absent or unable to act, the President (for Cabinet Secretaries) or the Cabinet Secretary (for public officers) may direct a designated person to exercise the powers and perform the duties, and that person shall have and may exercise those powers and shall perform those duties, subject to conditions the President or Cabinet Secretary may impose.

The President, the Attorney-General or a Cabinet Secretary may delegate powers or duties (unless expressly prohibited), by notice in the Gazette to a named person or the holder of a specified office, subject to specified conditions; such delegations may be varied or cancelled by the delegating person by notice in the Gazette; and delegation does not prevent the original holder exercising the power or duty.

Section 39 has been repealed.

Section 40 has been deleted by Act No. 7 of 1987, 2nd Sch.

Section 7 has been repealed.

This section has been repealed.

Section 9(1) provides that, subject to subsection (3), an Act comes into operation on the day it is published in the Gazette; subsection (3) allows an Act or a provision to be brought into operation on another day if that is enacted in the Act or another written law; subsection (2) is deleted.

Section 41 has been repealed by Act No. 18 of 1968, s. 5.

If a written law gives a power or imposes a duty, the power may be exercised and the duty shall be performed from time to time as occasions arise, unless a contrary intention appears.

If a written law gives a power or duty to the holder of an office, the person occupying that office may exercise the power and must perform the duty, unless a contrary intention appears.

When authorised by written law to appoint, the President, a Cabinet Secretary, a public officer or a public body may appoint a named person or the holder of a named office to perform functions or hold that office.

A reference to a person holding an office includes any person lawfully discharging the functions of that office.

The person last appointed to the office shall be deemed to be the holder of that office.

When a public officer's title is changed, the President may publish a Gazette notice declaring that the old title be replaced by the new title in all written laws.

If a written law grants a person power to do or to enforce an act, that person is taken to have all additional powers necessary to do or enforce that act.

If a written law gives a person the power to appoint a board or similar body, that person may appoint a Chairperson, deputy Chairperson, vice-Chairperson and secretary of that body unless a contrary intention appears.

If a written law gives someone power to appoint members of a board (etc.), that person may appoint a public officer by official designation, and the holder of that office will serve as a member until the appointment is revoked or otherwise ends.

When a written law gives a person the power or duty to make appointments or constitute bodies, that person also has the power to remove, suspend, dismiss or revoke those appointments or bodies and to reappoint or reinstate them, unless a contrary intention appears; where exercise is subject to recommendation or approval by another, it is exercisable only on that recommendation or approval.

An alternate member may attend a meeting when a substantive member is temporarily unable to attend.

The board's powers are not affected by vacancies in its membership.

If a corporate board (or similar body) has a common seal and a document must be sealed, the Chairperson must affix the common seal and authenticate it by his signature unless there is an express provision to the contrary.

When more than two persons are required or permitted to do an act or thing, a majority of them may do it, subject to any express provision in a written law.

The standard time of Kenya is three hours in advance of Greenwich Mean Time.

When computing a period of days, exclude the day on which the event occurs or the act is done.

If no time is prescribed for doing something, it must be done without unreasonable delay and as often as the occasion requires.

If a written law gives a court or other authority power to extend a prescribed time, that power may be exercised even if the application for extension is made after the prescribed time has expired, unless a contrary intention appears.

If the consent of the President, a Cabinet Secretary or the Attorney-General is required before starting a prosecution or action, a document that appears to bear that consent must be accepted in proceedings as prima facie evidence without proof of the signature.

Proceedings taken by or against a person in virtue of office must not be discontinued or abated because of that person's death, resignation, absence or removal; they may be continued by or against the person holding the office.

The imposition of a penalty or fine under a written law does not relieve a person from liability to answer for damages to an injured person, unless there is an express provision saying otherwise.

If the same act is an offence under multiple written laws, the offender may be prosecuted and punished under any of those laws but cannot be punished twice for the same offence.

If the penalty for an offence is changed after the offence but before conviction, the offender must suffer the penalty that was in force when the offence was committed, unless there is an express provision stating otherwise.

If a penalty is set at the foot of a section, contravention of that section is an offence punishable by a penalty not exceeding the amount so set, unless a contrary intention appears.

If a written law prescribes a penalty for an offence, the offence is punishable by a penalty not exceeding that prescribed, unless a contrary intention appears; where more than one penalty is prescribed and the word “and” is used, the penalties may be inflicted alternatively or cumulatively, unless a contrary intention appears.

Forfeited animals or things are, unless a written law provides otherwise, forfeited to the Government and if sold their net proceeds are to be paid into the Consolidated Fund; a written law may instead allow a person to recover or be granted part of a fine or forfeit or proceeds.

Fines or penalties imposed under a written law must, unless there is an express provision to the contrary, be paid into the Consolidated Fund.

Producing a copy of the Gazette or a written law or notice purporting to be printed by the Government Printer is prima facie evidence in all courts and for all purposes of the making and tenor of that law or notice.

Where a written law gives power to issue a licence, permit or authorisation, the licence, permit or authorisation may be issued subject to conditions that are not inconsistent with that law and which the authority issuing it considers expedient.

A person, public officer or local authority required to perform something that carries a fee or charge may refuse to perform it until the fee/charge (or an estimated amount) is paid.

If a written law prescribes a form, an instrument in that form is not void merely because it deviates in a way that does not affect substance or is not calculated to mislead, save as expressly provided otherwise.

If a written law gives powers or duties to provincial or district officers, those powers or duties for the Nairobi Area must be carried out by the administrative officer or other public officer in charge of the Nairobi Area, unless the context requires otherwise.

Section 74 has been repealed.

No written law shall affect the rights of the Government except where the law expressly provides or where necessary implication shows the Government is bound.

The Act binds the Government.