The Privileges and Immunities (Trade Mark East Africa) Order

Legal Notice 213 of 2021

This is the latest version of this Legal Notice.
Citation
Legal Notice 213 of 2021
Primary work
Privileges and Immunities Act
Date
31 December 2022
Language
English
Type
Legal Notice
Publication
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LAWS OF KENYA

PRIVILEGES AND IMMUNITIES ACT

THE PRIVILEGES AND IMMUNITIES (TRADE MARK EAST AFRICA) ORDER

LEGAL NOTICE 213 OF 2021

  • Published in Kenya Gazette Vol. CXXIII—No. 222 on 29 October 2021
  • Commenced on 29 October 2021
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1.This Order may be cited as the Privileges and Immunities (Trade Mark East Africa) Order.
2.Trade Mark East Africa, in this Order, referred to as “the Organisation", being an autonomous organisation operating on a not-for-profit basis, with which the Government has entered into an agreement for co-operation, is declared to be an organisation to which section 11 of the Act shall apply.
3.The Organisation shall have the legal capacity of a body corporate and, in its corporate capacity, to—
(a)enter into contracts;
(b)institute and defend legal proceedings; and
(c)acquire, hold and dispose of movable and immovable property in accordance with the Laws of Kenya.
4.The Organisation shall have the privileges and immunities specified in Part I of the Fourth Schedule to the Act:Provided that—
(a)immunity from legal processes shall not apply in the case of commercial disputes, labour disputes or where immunity has been waived by the Fund;
(b)tax exemption shall not extend to the owner or lessor of any movable or immovable property rented by the Fund; and
(c)tax exemption shall not extend to the charges for public utility services, business and investment income, and indirect taxes which constitute part of the cost of goods purchased or services rendered.
5.Any person who is an official of the Organisation shall, while sojourning to, through and from Kenya and performing duties in the service of the Fund, have the privileges and immunities specified in paragraphs 2, 3, 4, 5, 6 and 7 of Part III of the Fourth Schedule to the Act:Provided that the provisions of this paragraph shall not apply to citizens of Kenya or to any person who is ordinarily resident in Kenya except solely for the purpose of being an employee of, and working exclusively for, the Organisation.
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History of this document

31 December 2022 this version
29 October 2021
Commenced