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LAWS OF KENYA
INTERPRETATION AND GENERAL PROVISIONS ACT
CAP. 2
- Assented to on 11 December 1956
- Commenced on 11 December 1956
- [Amended by Interpretation and General Provisions (Amendment) Ordinance, 1958 (Act No. 39 of 1958) on 11 November 1958]
- [Amended by Missing Act (Act No. 51 of 1961) on 1 January 1961]
- [Amended by Land Control Regulations, 1961 (Legal Notice 142 of 1961) on 6 March 1961]
- [Amended by Interpretation and General Provisions (Amendment) Ordinance, 1961 (Act No. 13 of 1961) on 15 July 1961]
- [Amended by East African Common Services Organization Ordinance, 1961 (Act No. 26 of 1961) on 5 December 1961]
- [Amended by East African Common Services Organization (Adaptation of Laws) (No. 2) Order, 1962 (Legal Notice 153 of 1962) on 8 December 1961]
- [Amended by Law Reform (Rules of Court) Ordinance (Act No. 27 of 1961) on 26 December 1961]
- [Amended by Statute Law (Miscellaneous Amendments) (No. 2) Ordinance, 1961 (Act No. 28 of 1961) on 26 December 1961]
- [Amended by Missing Act (Act No. 36 of 1962) on 1 January 1962]
- [Amended by Missing Act (Act No. 38 of 1962) on 1 January 1962]
- [Amended by Laws of Kenya (Revision) Order, 1962 (Legal Notice 559 of 1962) on 27 November 1962]
- [Amended by Laws of Kenya (Revision) Order, 1963 (Legal Notice 142 of 1963) on 19 February 1963]
- [Amended by Kenya (Amendment of Laws) (Interpretation and General Provisions) Regulations, 1963 (Legal Notice 458 of 1963) on 1 June 1963]
- [Amended by Evidence Act (Cap. 80) on 8 December 1963]
- [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
- [Amended by Kenya (Amendment of Laws) (Interpretation and General Provisions) Order, 1963 (Legal Notice 27 of 1964) on 12 December 1963]
- [Amended by Kenya (Amendment of laws) (Miscellanous Amendments) (No. 3) Order, 1964 (Legal Notice 168 of 1964) on 12 December 1963]
- [Amended by Immigration and Deportation (Miscellaneous Amendments) (Act No. 1 of 1964) on 3 March 1964]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1966 (Act No. 21 of 1966) on 12 July 1966]
- [Amended by Central Bank of Kenya Act (Cap. 491) on 14 September 1966]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1967 (Act No. 9 of 1967) on 21 April 1967]
- [Amended by Magistrate's Courts Act (Act No. 17 of 1967) on 1 August 1967]
- [Amended by Immigration Act (Act No. 25 of 1967) on 1 December 1967]
- [Amended by Treaty for East African Co-operation Act (Act No. 31 of 1967) on 1 December 1967]
- [Amended by Treaty for East African Co-operation Order, 1967 (Legal Notice 280 of 1967) on 1 December 1967]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1968 (Act No. 8 of 1968) on 16 February 1968]
- [Amended by Interpretation and General Provisions (Amendment) Act, 1968 (Act No. 18 of 1968) on 19 April 1968]
- [Amended by Land (Amendment of Laws) Act, 1968 (Act No. 39 of 1968) on 28 June 1968]
- [Amended by Armed Forces Act (Act No. 60 of 1968) on 2 December 1968]
- [Amended by Constitution of Kenya Act (Act No. 5 of 1969) on 18 April 1969]
- [Amended by Territorial Waters Act (Act No. 2 of 1972) on 16 May 1972]
- [Amended by Continental Shelf Act (Act No. 3 of 1975) on 4 April 1975]
- [Amended by Statute Law (Miscellaneous Amendments) (Court of Appeal) Act, 1977 (Act No. 14 of 1977) on 28 October 1977]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1982 (Act No. 19 of 1982) on 24 December 1982]
- [Amended by East African Community Mediation Agreement Act (Act No. 7 of 1987) on 14 May 1984]
- [Amended by Maritime Zones Act (Act No. 6 of 1989) on 25 August 1989]
- [Amended by Districts and Provinces Act (Cap. 105) on 26 June 1992]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1993 (Act No. 11 of 1993) on 31 December 1993]
- [Amended by Laws of Kenya (Rectification) Order, 2003 (Legal Notice 162 of 2003) on 17 October 2003]
- [Amended by Government Financial Management Act (Act No. 5 of 2004) on 1 November 2005]
- [Amended by Public Finance Management Act (Cap. 412A) on 27 August 2012]
- [Amended by Statutory Instruments Act (Cap. 2A) on 25 January 2013]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2014 (Act No. 18 of 2014) on 8 December 2014]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2020 (Act No. 20 of 2020) on 11 December 2020]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – INTRODUCTORY
1. Short title
This Act may be cited as the Interpretation and General Provisions Act.2. Application
This Act shall not apply for the construction or interpretation of the Constitution, which is not a written law for the purposes of this Act.[Act No. 18 of 1968, Sch.]Part II – GENERAL PROVISIONS OF INTERPRETATION
3. Interpretation of terms
4. [Repealed by 18 of 1968, s. 5.]
5. [Repealed by 18 of 1968, s. 5.]
6. [Repealed by 18 of 1968, s. 5.]
Part III – GENERAL PROVISIONS REGARDING WRITTEN LAWS
A—Acts of Parliament and Applied Law
[Act No. 26 of 1961, s. 9, L.N. 27/1964, s. 4, Act No. 7 of 1987, 2nd Sch.]7. [Repealed by Act No. 18 of 1968, s. 5.]
8. [Repealed by Act No. 31 of 1967, s. 20.]
9. Commencement of Acts
10. Acts to be divided into sections without introductory words
All Acts shall be divided into sections, if there are more enactments than one which sections shall be deemed to be substantive enactments without any introductory words.11. Applied law to be read with necessary modifications
An applied law shall be read with such formal alterations as to names, localities, courts, officers, persons, moneys, penalties or otherwise as may be necessary to make it applicable to the circumstances, and in particular a reference to a Probate Court, Bankruptcy Court or Admiralty Court, or similar expression, shall be construed as a reference to the High Court exercising the appropriate jurisdiction.[Act No. 21 of 1966, 2nd Sch., Act No. 18 of 1968, Sch.]12. [Repealed by Act No. 18 of 1968, s. 5]
13. Reference to written law to include amendments
A reference in a written law to another written law or to any provision thereof shall be construed as a reference to that other written law or provision as for the time being amended, if the amendment extends or applies to Kenya.[Act No. 18 of 1968, s. 3.]B—Written Laws Generally
14. [Repealed by Act No. 18 of 1968, s. 5]
15. [Repealed by Act No. 18 of 1968, s. 5]
16. [Repealed by Act No. 18 of 1968, s. 5]
17. [Repealed by Act No. 18 of 1968, s. 5]
18. [Repealed by Act No. 18 of 1968, s. 5]
19. Time when written law comes into operation
Where any written law, or part of a written law, came or comes into operation on a particular day, it shall be deemed to have come or shall come into operation immediately on the expiration of the day next preceding such day.C—Repeal, Amendment and Expiry
[Act No. 39 of 1958, s. 3.]20. Repealed written law not revived
Where a written law repealing in whole or in part a former written law is itself repealed, that last repeal shall not revive the written law or provisions before repealed unless words are added reviving the written law or provisions.21. Repeal of amended law to include amendments
Where a written law which has been amended by another written law is itself repealed, that repeal shall, unless a contrary intention appears, include the repeal of all those provisions of other written laws by which the first-mentioned written law has been amended.22. Repeal and substitution
Where a written law repeals wholly or partially a former written law and substitutes provisions for the written law repealed, the repealed written law shall remain in force until the substituted provisions come into operation.23. Provisions respecting amended written law, and effect of repealing written law
24. Effect of repeal of Act on subsidiary legislation
Where an Act or part of an Act is repealed, subsidiary legislation issued under or made in virtue thereof shall, unless a contrary intention appears, remain in force, so far as it is not inconsistent with the repealing Act, until it has been revoked or repealed by subsidiary legislation issued or made under the provisions of the repealing Act, and shall be deemed for all purposes to have been made thereunder.25. Construction of amending written law with amended written law
Where one written law amends another written law, the amending written law shall, so far as it is consistent with the tenor thereof, and unless a contrary intention appears, be construed as one with the amended written law.26. Effect of expiry of written law
Upon the expiry of a written law the provisions of section 23(3) shall apply as if the written law had been repealed.D — Subsidiary Legislation
27. [Repealed by Act No. 23 of 2013, s. 27.]
28. Retrospective operation of subsidiary legislation
Subsidiary legislation may be made to operate retrospectively to any date, not being a date earlier than the commencement of the written law under which the subsidiary legislation is made, but no person shall be made or become liable to any penalty whatsoever in respect of an act committed or of the failure to do anything before the day on which that subsidiary legislation is published in the Gazette.29. Construction of subsidiary legislation
Where an Act confers power to make subsidiary legislation, expressions used in the subsidiary legislation shall, except where a contrary intention appears, have the same respective meanings as in the Act conferring the power, and a reference in the subsidiary legislation to “the Act” shall mean the Act conferring the power to make the subsidiary legislation.30. Exercise of powers between publication and commencement of Act
Where an Act is not to come into operation immediately on the publication thereof and confers power to make an appointment, to make subsidiary legislation, to prescribe forms or to do any other thing for the purposes of the Act, the power may, unless a contrary intention appears, be exercised at any time after the publication of the Act, so far as may be necessary or expedient for the purpose of bringing the Act into operation on the day of the commencement thereof, but an instrument made in exercise of that power shall not, unless a contrary intention appears in the Act or the contrary is necessary for bringing the Act into operation, come into operation until the Act comes into operation.31. General provisions with respect to power to make subsidiary legislation
Where an Act confers power on an authority to make subsidiary legislation, the following provisions shall, unless a contrary intention appears, have effect with reference to the making of the subsidiary legislation—32. References to written laws to include subsidiary legislation thereunder
A reference to a written law in another written law shall include a reference to subsidiary legislation made under the written law to which reference is made.33. Acts done under subsidiary legislation deemed done under Act which authorizes it
An act shall be deemed to be done under an Act or by virtue of the powers conferred by an Act or in pursuance or execution of the powers of or under the authority of an Act, if it is done under or by virtue of or in pursuance of subsidiary legislation made under a power contained in that Act.34. [Repealed by Act No. 23 of 2013, s. 27.]
35. Fees
E—Transfer and Delegation of Statutory Powers and Duties
36. Provision for transfer of statutory powers and duties
37. Provision for execution of duties of Cabinet Secretary or public officer during temporary absence or inability
Where by or under an Act, powers are conferred or duties are imposed upon a Cabinet Secretary or a public officer, the President, in the case of a Cabinet Secretary, or the Cabinet Secretary, in the case of a public officer, may direct that, if from any cause the office of that Cabinet Secretary or public officer is vacant, or if during any period, owing to absence or inability to act from illness or any other cause, the Cabinet Secretary or public officer is unable to exercise the powers or perform the duties of his office, those powers shall be had and may be exercised and those duties shall be performed by a Cabinet Secretary designated by the President or by a person named by, or by the public officer holding an office designated by, the Cabinet Secretary; and thereupon the Cabinet Secretary, or the person or public officer, during that period, shall have and may exercise those powers and shall perform those duties, subject to such conditions, exceptions and qualifications as the President or the Cabinet Secretary may direct.[Act No. 7 of 1956, s. 4, Act No. 39 of 1958, s. 5, Act No. 21 of 1966, 2nd Sch.]38. Delegation of powers
39. [Repealed by Act No. 8 of 1968, Sch.]
40. [Deleted by Act No. 7 of 1987, 2nd Sch.]
Part IV – GENERAL PROVISIONS REGARDING POWERS, DUTIES AND APPOINTMENTS AND THE EXERCISE AND SIGNIFICATION THEREOF
[Act No. 39 of 1958, s. 4.]41. [Repealed by Act No. 18 of 1968, s. 5.]
42. Power and duties to be exercised and performed from time to time
Where a written law confers a power or imposes a duty, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed from time to time as the occasion arises.43. Powers and duties of holder of office
Where a written law confers a power or imposes a duty on the holder of an office as such, then, unless a contrary intention appears, the power may be exercised and the duty shall be performed by the person for the time being holding that office.44. Power to appoint by name or office
Where the President, a Cabinet Secretary, a public officer or a public body is empowered by a written law to appoint a person to perform any functions or hold any office, he or it may either appoint a person by name or appoint the holder of a named office to perform the functions or hold the office in question.[Act No. 18 of 1968, s. 4.]45. Reference to holder of office includes person discharging functions of that office
In this Act and in any other written law, instrument, warrant or process of any kind, a reference to a person holding an office shall include a reference to any person for the time being lawfully discharging the functions of that office.46. Power to appoint substantively pending retirement, etc., of existing office-holder
47. Change of title of public officer
48. Construction of enabling words
Where a written law confers power upon a person to do or to enforce the doing of an act or thing, all powers shall be deemed to be also conferred as are necessary to enable the person to do or to enforce the doing of the act or thing.49. Power to appoint Chairperson, etc., of board, etc.
Where by or under a written law, power is given to a person to appoint a board, commission, committee or similar body, that person may, unless a contrary intention appears, appoint a Chairperson, deputy Chairperson, vice-Chairperson and secretary of the board, commission, committee or similar body.50. Power to appoint public officer to serve on board, etc.
Where by or under a written law, power is given to a person to appoint persons to be members of a board, commission, committee or similar body, that person may, unless a contrary intention appears, appoint, by his official designation, a public officer, and, on the appointment and until the appointment shall be revoked or otherwise determined, the person for the time being holding the office in question shall be a member of the board, commission, committee or similar body.51. Power to appoint to include power to suspend, dismiss, etc., and to reappoint, etc.
52. Power to appoint alternate or temporary members
Where by or under a written law a board, commission, committee or similar body, whether corporate or unincorporate, is established, then, unless a contrary intention appears, a person who is by that written law empowered to appoint any or all of the members thereof may—53. Power of board, etc., not affected by vacancy, etc.
Where by or under a written law a board, commission, committee or similar body, whether corporate or un-incorporate, is established, then, unless a contrary intention appears, the powers of the board, commission, committee or similar body shall not be affected by—54. Affixing of common seal
Where by or under a written law a board, commission, committee or similar body is constituted to be a body corporate having perpetual succession and a common seal, and a document requires to be sealed with the common seal, then, in the absence of express provision to the contrary, the common seal shall be affixed by the Chairperson of the board, commission, committee or similar body and shall be authenticated by his signature.55. Power of majority to act
Save as is otherwise expressly provided by a written law, where an act or thing may or is required to be done by more than two persons, a majority of them may do it.Part V – GENERAL PROVISIONS REGARDING TIME
56. Time
57. Computation of time
In computing time for the purposes of a written law, unless the contrary intention appears—58. Provisions where no time prescribed
Where no time is prescribed or allowed within which anything shall be done, such thing shall be done without unreasonable delay, and as often as due occasion arises.59. Construction of power to extend time
Where in a written law a time is prescribed for doing an act or taking a proceeding, and power is given to a court or other authority to extend that time, then, unless a contrary intention appears, the power may be exercised by the court or other authority although the application for extension is not made until after the expiration of the time prescribed.Part VI – GENERAL PROVISIONS REGARDING LEGAL PROCEEDINGS AND PENALTIES
60. Evidence of signature of President, Cabinet Secretary or Attorney-General to consent
Where the consent of the President, a Cabinet Secretary or the Attorney-General is necessary before a prosecution or action is commenced, a document purporting to bear the consent of the President, a Cabinet Secretary or the Attorney-General shall be received as prima facie evidence in proceedings without proof being given that the signature to the consent is that of the President, a Cabinet Secretary or the Attorney-General.[Act No. 21 of 1966, 2nd Sch., Act No. 18 of 1968, Sch.]61. Ex officio proceedings not to abate on death, etc.
Civil or criminal proceedings taken by or against any person in virtue of his office shall not be discontinued or abated by his death, resignation or absence or removal from office, but may be carried on by or against, as the case may be, the person for the time being holding that office.62. Imposition of penalty no bar to civil action
The imposition of a penalty or fine by or under the authority of a written law shall not, in the absence of express provision to the contrary, relieve a person from liability to answer for damages to a person injured.63. Provisions as to offences under two or more laws
Where an act or omission constitutes an offence under two or more written laws, the offender shall, unless a contrary intention appears, be liable to be prosecuted and punished under any of those laws, but shall not be liable to be punished twice for the same offence.64. Amendment of penalty
Where an act or omission constitutes an offence, and the penalty for the offence is amended between the time of the commission of the offence and the conviction therefor, the offender shall, in the absence of express provision to the contrary, be liable to the penalty prescribed at the time of the commission of the offence.65. Statement of penalty at foot of section to indicate penalty for contravention of section
Where in a written law a penalty is set out at the foot of a section, a contravention of the section whether by act or omission shall be an offence against that written law and shall, unless a contrary intention appears, be punishable upon conviction by a penalty not exceeding the penalty so set out.66. Penalties prescribed may be maximum penalties, but may be cumulative
67. Disposal of forfeits
68. Disposal of fines and penalties
A fine or penalty imposed by or under the authority of a written law shall, in the absence of an express provision to the contrary, be paid into the Consolidated Fund.Part VII – GENERAL MISCELLANEOUS PROVISIONS
69. Gazette, etc., to be prima facie evidence
The production of a copy of the Gazette containing a written law or a notice, or of a copy of a written law or a notice, purporting to be printed by the Government Printer, shall be prima facie evidence in all courts and for all purposes whatsoever of the due making and tenor of the written law or notice.[Act No. 46 of 1963, 2nd Sch., L.N. 458/1963, L.N. 27/1964.]70. Power to issue licence, etc., subject to conditions
Where a written law confers a power to issue licence, permit or authorization, then, unless a contrary motion appears, the licence, permit or authorisation may be issued subject to conditions, not inconsistent with that Law, which the authority issuing it deems expedient[Act No. 39 of 1958, s. 8.]71. Act for which payment required need not be performed until payment made
72. Deviation from forms
Save as is otherwise expressly provided, whenever a form is prescribed by a written law, an instrument or document which purports to be in that form shall not be void by reason of a deviation therefrom which does not affect the substance of the instrument or document, or which is not calculated to mislead.73. Nairobi Area
Where by or under any written law, any power is conferred or any duty is imposed on the Provincial Commissioner of a province, or on the District Commissioner of a district, or on any other public officer having the responsibility for any particular matter within a province or district, then as regards the Nairobi Area the power shall be exercised or the duty shall be performed, as the case may be, by the administrative officer in charge of the Nairobi Area or by the public officer in charge of the Nairobi Area or by the public officer having the responsibility for the particular matter within the Nairobi Area, as the case may be, except where the context otherwise requires.[L.N. 458/1963, s. 5, Act No. 21 of 1966, Second Sch., Act No. 5 of 1992, s. 4.]Part VIII – GENERAL PROVISIONS REGARDING THE GOVERNMENT
74. [Repealed by Act No. 18 of 1968, s. 5.]
75. Saving of rights of Government
No written law shall in any manner whatsoever affect the rights of the Government unless it is therein expressly provided, or unless it appears by necessary implication that the Government is bound thereby.[Act No. 18 of 1968, Sch.]76. Act to bind Government
This Act shall bind the Government.[Act No. 18 of 1968, Sch.]History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
11 December 2020
08 December 2014
25 January 2013
Amended by
Statutory Instruments Act
27 August 2012
Amended by
Public Finance Management Act
01 November 2005
Amended by
Government Financial Management Act
17 October 2003
Amended by
Laws of Kenya (Rectification) Order, 2003
31 December 1993
26 June 1992
Amended by
Districts and Provinces Act
25 August 1989
Amended by
Maritime Zones Act
14 May 1984
24 December 1982
28 October 1977
04 April 1975
Amended by
Continental Shelf Act
16 May 1972
Amended by
Territorial Waters Act
18 April 1969
Amended by
Constitution of Kenya Act
02 December 1968
Amended by
Armed Forces Act
28 June 1968
Amended by
Land (Amendment of Laws) Act, 1968
19 April 1968
16 February 1968
01 December 1967
Amended by
Immigration Act
Amended by
Treaty for East African Co-operation Act
01 August 1967
Amended by
Magistrate's Courts Act
21 April 1967
14 September 1966
Amended by
Central Bank of Kenya Act
12 July 1966
03 March 1964
12 December 1963
08 December 1963
Amended by
Evidence Act
01 June 1963
19 February 1963
Amended by
Laws of Kenya (Revision) Order, 1963
27 November 1962
Amended by
Laws of Kenya (Revision) Order, 1962
01 January 1962
Amended by
Missing Act
Amended by
Missing Act
26 December 1961
08 December 1961
05 December 1961
15 July 1961
06 March 1961
Amended by
Land Control Regulations, 1961
01 January 1961
Amended by
Missing Act
11 November 1958
11 December 1956
Assented to
Commenced
Cited documents 2
Act 2
1. | Statutory Instruments Act | 230 citations |
2. | East African Community Mediation Agreement Act | 5 citations |
Documents citing this one 7
Act 5
1. | Access to Information Act | 341 citations |
2. | Anti-Bribery Act | 74 citations |
3. | National Electronic Single Window System Act | 8 citations |
4. | Social Health Insurance Act | 6 citations |
5. | County Licensing (Uniform Procedures) Act |
Judgment 1
1. | Magutu v Mbugua (Environment and Land Appeal E024 of 2021) [2024] KEELC 4610 (KLR) (5 June 2024) (Judgment) |
Legal Notice 1
1. | The Merchant Shipping (Maritime Labour) Regulations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
Delegation of Powers | Legal Notice 29 of 2009 | 31 December 2022 |
Change of Title | Legal Notice 599 of 1963 | 31 December 2022 |