SCHEDULES

Section 1.

SCHEDULE 1Legislative Powers in Kenya

1The Colonial Laws Validity Act 1865 shall not apply to any law made on or after the appointed day by any legislature established for Kenya or any part thereof.

2No law and no provision of any law made on or after the appointed day by any such legislature shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any Act of the Parliament of the United Kingdom, including this Act, or to any order, rule or regulation made under any such Act, and, subject to paragraph 6 of this Schedule, the powers of any such legislature shall include the power to repeal or amend any such Act, order, rule or regulation in so far as it is part of the law of Kenya or any part thereof and in so far as it relates to matters within the legislative powers of that legislature.

3Any legislature established for Kenya or any part thereof shall have full power to make laws having extra-territorial operation, so far as those laws relate to matters within the legislative powers of that legislature.

4Without prejudice to the generality of the foregoing provisions of this Schedule, sections 735 and 736 of the Merchant Shipping Act 1894 shall be construed as if references therein to the legislature of a British possession did not include references to any legislature established for Kenya or any part thereof.

5Without prejudice to the generality of the foregoing provisions of this Schedule, section 4 of the Colonial Courts of Admiralty Act 1890 (which requires certain laws to be reserved for the signification of Her Majesty's pleasure or to contain a suspending clause), and so much of section 7 of that Act as requires the approval of Her Majesty in Council to any rules of court for regulating the practice and procedure of a Colonial Court of Admiralty, shall cease to have effect in Kenya.

6(1)Nothing in this Act shall confer on any legislature established for Kenya or any part thereof any power to repeal, amend or modify the constitutional provisions otherwise than in such manner as may be provided for in those provisions.

(2)In this paragraph " the constitutional provisions " means the following, that is to say—

(a)this Act;

(b)any Order in Council revoking the existing Constitution Order and providing for a new constitution for Kenya to come into effect on the appointed day ;

(c)any law, or instrument made under a law, of any legislature established for Kenya or any part thereof which, being a law or instrument made on or after the appointed day, amends, modifies, re-enacts with or without amendment or modification, or makes different provision in lieu of, any provisions of this Act, of the Order in Council first mentioned in this sub-paragraph, or of any such law or instrument previously made.

Section 4.

SCHEDULE 2Amendments not affecting the Law of Kenya

Diplomatic immunities

1In section 461 of the Income Tax Act 1952 (which relates to exemption from income tax in the case of certain Commonwealth representatives and their staffs)—

(a)in subsection (2), before the words " for any state" there shall be inserted the words " or Kenya ";

(b)in subsection (3), before the words " and ' Agent-General' " there shall be inserted the words " or Kenya

2In section 1(6) of the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952, before the words " and the Republic of Ireland" there shall be inserted the word " Kenya ".

3In section 1(5) of the Diplomatic Immunities (Conferences with Commonwealth Countries and Republic of Ireland) Act 1961, before the words " and the Republic of Ireland" there shall be inserted the word " Kenya ".

Financial

4In section 2(4) of the Import Duties Act 1958, before the words " together with " there shall be inserted the word " Kenya ".

Visiting forces

5In the Visiting Forces (British Commonwealth) Act 1933, section 4 (which deals with attachment and mutual powers of command) shall apply in relation to forces raised in Kenya as it applies in relation to forces raised in Dominions within the meaning of the Statute of Westminster 1931.

6In the Visiting Forces Act 1952—

(a)in section 1(1)(a) (which specifies the countries to which that Act applies) at the end there shall be added the words " Kenya, or ";

(b)in section 10(1)(a) the expression " colony " shall not include Kenya or any part thereof;

and, until express provision with respect to Kenya is made by Order in Council under section 8 of that Act (which relates to the application to visiting forces of law relating to home forces), any such Order for the time being in force shall be deemed to apply to visiting forces of Kenya.

Ships and aircraft

7In section 427(2) of the Merchant Shipping Act 1894, as substituted by section 2 of the Merchant Shipping (Safety Convention) Act 1949, before the words " or in any " there shall be inserted the words " or Kenya ".

8In the proviso to section 6(2) of the Merchant Shipping Act 1948, at the end there shall be added the words " or Kenya ".

9In the definition of " excepted ship or aircraft" in paragraph 3 of Schedule 3 to the Emergency Laws (Repeal) Act 1959, before the words " or in any" there shall be inserted the words " or Kenya ".

10The Ships and Aircraft (Transfer Restriction) Act 1939 shall not apply to any ship by reason only of its being registered in, or licensed under the law of, Kenya or any part thereof; and the penal provisions of that Act shall not apply to persons in Kenya (but without prejudice to the operation with respect to any ship to which that Act does apply of the provisions thereof relating to the forfeiture of ships).

11In the Whaling Industry (Regulation) Act 1934, the expression " British ship to which this Act applies " shall not include a British ship registered in Kenya.

12In section 2(7)(b) of the Civil Aviation (Licensing) Act 1960, the expression " colony " shall not include Kenya or any part thereof.

Commonwealth Institute

13In section 8(2) of the Imperial Institute Act 1925, as amended by the Commonwealth Institute Act 1958 (which relates to the power to vary the provisions of the said Act of 1925 if an agreement for the purpose is made with the governments of certain territories which for the time being are contributing towards the expenses of the Commonwealth Institute) at the end there shall be added the words " and Kenya ".