Section 30 of the Constitution of Kenya creates Parliament. And provides that Parliament shall consist of the President and the National Assembly.
|
|
- Derek Weaver
- 5 years ago
- Views:
Transcription
1 YES, FINALLY, PARLIAMENT IS ABOVE THE LAW KETHI D. KILONZO August 2006 Nairobi Section 30 of the Constitution of Kenya creates Parliament. And provides that Parliament shall consist of the President and the National Assembly. The Constitution gives Parliament the legislative power of the Republic of Kenya. And goes further to provide that the legislative power of Parliament shall be exercisable by Bills passed by the National Assembly. The procedure for passing of bills by the National Assembly is well set out and elaborate. When a Bill is passed by the National Assembly, it is presented to the President for his assent. And after Presidential assent, a law made by Parliament only comes into operation when it has been published in the Kenya Gazette. Parliament has the power to postpone the coming into operation of a law, and may make laws with retrospective effect. Section 46 (7) of the Constitution provides that a law made by Parliament shall be styled an Act of Parliament, and the words of enactment shall be enacted by the Parliament of Kenya. It is the above legislative power of Parliament that was the focus of the Bosire Report on the Goldenberg Inquiry, and the Ruling of the High Court following Professor George Saitoti s Challenge to the Bosire Report. Under the Constitution, the power of Parliament to make laws is made subject to: Section 3A of the Constitution of Kenya, which provides that any law or any part thereof, which is inconsistent with the Constitution, is void. The Supervisory powers of the High Court of Kenya which has unlimited original jurisdiction in civil and criminal matters and such other jurisdiction and powers as may be conferred on it by the Constitution or the law. The Bosire Report reached the finding that the 15% ex gratia export compensation payments made to Goldenberg International Limited were illegal and were not made under any law enacted by Parliament or even under the Local Manufactures (Export Compensation) Act. The Ruling cites verbatim a passage on page 219 of the Bosire Report stating Besides Parliamentary approval of the expenditure as a customs refund does not cure the illegality of the payment of the 15% ex gratia. The argument that because the payment was designated ex gratia, 1
2 then there was no breach of the Local Manufactures (Export Compensation) Act is a red herring. The designation of the payments as ex gratia was a ploy to circumvent the above Act. The approval given to GIL s proposal was not that it would be paid ex gratia but additional export compensation. Whether it was subsequently called ex gratia or customs refund, those were moves to conceal the illegality and in our view Parliament does not have power under the law to pardon illegality it still stands. The only way Parliament could possibly have gone round this was to amend the relevant law retrospectively to cover all past illegal payments. The Bosire Commission concluded that Parliament s powers were legislative only. It could only approve of the Executive Policies by the passing of laws; and its approval of any such policies could not remove the stain of illegality from any government policy. The High Court does not agree. It rubbished the above interpretation of Parliament s powers as horrendous in law and reached a different conclusion on its perceptions of Parliament s powers. It stated that: Even though the Local Manufacturers (Export Compensation) Act was silent on the payment of the additional 15% ex gratia, the Government had formulated a policy in respect of the extra 15%, which Parliament had approved. The decision of Parliament (to approve the extra 15%) could not form the basis of a cause of action. That, it cannot be challenged before any court of law. It is not every policy decision of Parliament that ends up as an Act of Parliament and Parliament must under the doctrine of separation of powers have the latitude to act as a watchdog body to the Executive without necessarily legislating as such. A Court of Law cannot question the decisions of Parliament as Sections 4 and 12 of the National Assembly (Powers and Privileges) Act prohibit such challenges, and neither could the Bosire Commission, an inferior body to the High Court. The High Court purported to rewrite the Constitution, put Parliament above the reach of the High Court, and the law, and entrenched Sections 4 and 12 of the National Assembly (Powers and Privileges) Act into the Constitution. According to their ruling: Parliament has the power to make laws; And the power to make decisions, by the approval of policies. Parliament s power to make decisions cannot be questioned by any court of law, as any such challenge will offend the National Assembly (Powers and Privileges) Act. 2
3 The question in your minds must be what is this National Assembly (Powers and Privileges) Act? Section 56 of the Constitution provides that Subject to the Constitution, the National Assembly may (a) make standing orders regulating the procedure of the Assembly (including in particular orders for the orderly conduct of proceedings) (b) subject to Standing Orders made under paragraph (a) establish committees in such manner and for such general or special purposes as it thinks fit and regulate the procedure of any committee so established. Section 57 of the Constitution provides that Without Prejudice to the Powers conferred by Section 56, Parliament may, for the purpose of the orderly and effective discharge of the business of the National Assembly provide for the powers, privileges and immunities of the Assembly and its committees and members (emphasis mine) There is nothing in the above two sections that gives Parliament any power other than to make laws, and similarly, there is nothing that gives Parliament power to make decisions by the approval of government policies. However, the High Court does not agree. It went much further to state that Section 4 and Section 12 of the National Assembly (Powers and Privileges) Act had constitutional backing, and as such, any finding that purports to encroach on a decision of Parliament is unconstitutional. Section 4 of the National Assembly (Powers and Privileges) Act provides No civil or criminal proceedings shall be instituted against any member for words spoken before or written in a report to the Assembly or a Committee or by reason of any matter or thing brought by him therein by petition, bill resolution motion or otherwise. Section 12 of the National Assembly (Powers and Privileges) Act provides No proceedings or decision of the Assembly or the committee of Privileges acting in accordance with this Act shall be questioned in any court. The National Assembly (Powers and Privileges) Act creates Parliamentary privileges. It regulates and protects the proceedings, records, and members of the National Assembly. However, it does not and cannot confer on the National Assembly, or Parliament, any power other than that of making laws. It is a procedural and protective law, and no more. Under our Constitution, our lawmakers envisaged and provided for Parliament s role to be legislative. And endowed the High Court with the constitutional power and duty to ensure that the legislative power of Parliament was not abused or misused. The High Court, by ruling as it did, has placed Parliament above the law, finally! 3
4 The interpretation given by the High Court in essence means that it has abdicated its role as the Custodian of the Constitution. Furthermore, the Court on its own motion has placed Section 57 of the Constitution on a higher Pedestal than Section 60. The Court of Appeal in the case of Intercom Services Ltd & James Kanyitta Nderitu and Others vs Standard Chartered Bank (K) Ltd (2003) considered itself under a duty to be more cautious, more protective, and far more curious when dealing with funds whose ultimate beneficiary was the Public. It held supreme public interest over private gain. The following were some of its key findings: Though the drawer of the cheque in question was the Customs and Excise Department, the personnel of the Department who signed it did so on behalf of the government. The signatories to the cheque were mere employees of the Customs and Excise Department. The person who stood to lose was the Government of Kenya or the public not the signatories. The duty to make inquiry in full was more pronounced as there would be nothing to stop the signatories to the cheque from conspiring with the customer to defraud taxpayers of public funds. Where a bank is faced with a cheque from a body corporate or a government, the bank s duty to inquire into the validity of the cheque goes beyond the mere signatories of the cheque and beyond the paying bank and the customer. There is a distinction that should always be there between the standard to be applied in case of a cheque drawn on a personal account where the loss to the owner of the cheque is confined to the same individual and a cheque drawn on behalf of a government where there is need to protect the interest of the public to avoid losses due to possible conspiracy between the signatories of the cheque and the customer. The Nderitu Ruling by the Court of Appeal (incidentally dealing with export compensation under the Local Manufactures (Export Compensation) Act) raised the bar for banks dealing with public funds. Unfortunately, the reverse is true for the High Court Saitoti Ruling, which lowered the bar for Parliament when dealing with public funds. And, if at all, you have any remaining doubt that the High Court manifestly erred in removing the illegality stain on the 15% ex gratia export compensation payments to Goldernberg International Ltd only, and no other exporter, do consider the provisions of Section 100 of the Constitution of Kenya on the authorization of public expenditure by appropriation, set out verbatim below: It provides 4
5 Section 100 (1) The Minister for the time being responsible for finance shall cause to be prepared and laid before the National Assembly in each financial year estimates of the revenues and expenditure of the Government of Kenya for the next following financial year. (2) When the Estimates of expenditure other than expenditure charged upon the Consolidated Fund by this constitution or by any Act of Parliament) have been approved by the National Assembly, a Bill, to be known as an Appropriation Bill, shall be introduced into the Assembly, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for he several services required, to the purposes specified therein. (3) If in respect of any financial year it is found a) That the amount appropriated by the Appropriation Act to any purpose is insufficient or that a need has a risen for expenditure for a purpose to which no amount has been appropriated by that Act; or b) That any moneys have been expended for a purpose in excess of the amount appropriated to that purpose by the Appropriation Act or for a purpose to which no amount has been appropriated by that Act, a supplementary estimate or, as the case may be, a statement of excess showing the sums required or spent shall be laid before the National Assembly and, when the supplementary estimate or statement of excess has been approved by the Assembly, a supplementary Appropriation Bill shall be introduced into the Assembly, providing for the issue of those sums from the Consolidated Fund and appropriating them to the purposes specified therein. Enough said. The onus now lies on our ever-jovial Attorney General. KETHI D. KILONZO (Advocate of the High Court of Kenya) 5
One-Stop Border Posts Control Act 8 of 2017 (GG 6423) came into force on date of publication: 28 September 2017 ACT
(GG 6423) came into force on date of publication: 28 September 2017 ACT To provide for the conclusion of agreements with adjoining States on the establishment and implementation of one-stop border posts;
More informationPRESERVATION OF PUBLIC SECURITY ACT
CAP. 57 LAWS OF KENYA PRESERVATION OF PUBLIC SECURITY ACT CHAPTER 57 Revised Edition 2012 [1987] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org
More informationLegal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 41, No. 218, 18th November, 2002
Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 41, No. 218, 18th November, 2002 No. 1 of 2013 Third Session Tenth Parliament Republic of Trinidad and Tobago HOUSE OF REPRESENTATIVES BILL
More informationGhana Constitution 1960
Ghana Constitution 1960 Preliminary Note by Francis Bennion The following is the text of the 1960 Ghana Constitution, the first Constitution of the country after it became an independent republic by virtue
More informationCONSTITUTION OF THE REPUBLIC OF SINGAPORE
CONSTITUTION OF THE REPUBLIC OF SINGAPORE (Original Enactment: S 1/63) [9th August 1965] Citation PART I PRELIMINARY 1. This Constitution may be cited as the Constitution of the Republic of Singapore.
More informationCONSTITUTION OF THE REPUBLIC OF SINGAPORE
CONSTITUTION OF THE REPUBLIC OF SINGAPORE S.I. 1963 No. 1493 (G.N. Sp. No. S 1/63) 1985 REVISEDEDITION 1999REVISED EDITION 17 of 1993 5 of 1994 17 of 1994 7 of 1995 41 of 1996 1 of 1997 11 of 1998 36 of
More informationAS INTRODUCED IN LOK SABHA
1 AS INTRODUCED IN LOK SABHA ON 11.08.2014 Bill No. 96 of 2014 5 THE NATIONAL JUDICIAL APPOINTMENTS COMMISSION BILL, 2014 A BILL to regulate the procedure to be followed by the National Judicial Appointments
More informationCHAPTER V PARLIAMENT PART I THE NATIONAL ASSEMBLY
CHAPTER V PARLIAMENT PART I THE NATIONAL ASSEMBLY 31. Parliament of Mauritius (1) There shall be a Parliament for Mauritius, which shall consist of the President and a National Assembly. (2) The Assembly
More informationIN THE MATTER OF THE CONSTITUTION OF SAINT VINCENT AND THE GRENADINES
THE EASTERN CARIBBEAN SUPREME COURT IN THE HIGH COURT OF JUSTICE THE STATE OF SAINT VINCENT AND THE GRENADINES CLAIM NO.: 425 OF 2003 IN THE MATTER OF THE CONSTITUTION OF SAINT VINCENT AND THE GRENADINES
More informationREMEDIES IN CONSTITUTIONAL LITIGATION UNDER THE KENYAN CONSTITUTION OF 2010
REMEDIES IN CONSTITUTIONAL LITIGATION UNDER THE KENYAN CONSTITUTION OF 2010 By Dr. Mutakha Kangu Presented at An Lsk continuous professional development Seminar, held on 15 th to 16th September, 2016 at
More informationKENYA REVENUE AUTHORITY ACT
LAWS OF KENYA KENYA REVENUE AUTHORITY ACT NO. 2 OF 1995 Revised Edition 2016 [2014] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.
More informationTown of Scarborough, Maine Charter
The University of Maine DigitalCommons@UMaine Maine Town Documents Maine Government Documents 7-1-1993 Town of Scarborough, Maine Charter Scarborough (Me.) Follow this and additional works at: https://digitalcommons.library.umaine.edu/towndocs
More informationNo. 5 of 1992 VIRGIN ISLANDS DRUG TRAFFICKING OFFENCES ACT, 1992
No. 5 of 1992 VIRGIN ISLANDS DRUG TRAFFICKING OFFENCES ACT, 1992 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement. 2. Interpretation. 3. Meaning of "corresponding law". 4. Provisions as
More information(2) A Regent shall, before entering upon the duties of his office, take and subscribe the oath of allegiance and the oath for the due execution of
(2) A Regent shall, before entering upon the duties of his office, take and subscribe the oath of allegiance and the oath for the due execution of his office which is set out in Schedule 1 to this Constitution.
More informationThe Court of Appeal Act
The Court of Appeal Act being Chapter 38 of The Revised Statutes of Saskatchewan, 1920 (assented to November 10, 1920). NOTE: This consolidation is not official. Amendments have been incorporated for convenience
More informationLOCAL MANUFACTURES (EXPORT COMPENSATION) ACT
LAWS OF KENYA LOCAL MANUFACTURES (EXPORT COMPENSATION) ACT CHAPTER 482 Revised Edition 2012 [1987] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org
More informationAGREEMENT BETWEEN THE EFTA STATES ON THE ESTABLISHMENT OF A SURVEILLANCE AUTHORITY AND A COURT OF JUSTICE
7.3.2012 The Surveillance and Court Agreement (consolidated) AGREEMENT BETWEEN THE EFTA STATES ON THE ESTABLISHMENT OF A SURVEILLANCE AUTHORITY AND A COURT OF JUSTICE (OJ L 344, 31.1.1994, p. 3; and EFTA
More informationCHAPTER 19:05 PUBLIC CORPORATIONS ACT ARRANGEMENT OF SECTIONS PART I PART II
LAWS OF GUYANA Public Corporations 3 CHAPTER 19:05 PUBLIC CORPORATIONS ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1. Short title. 2. Interpretation. PART II NEW PUBLIC CORPORATIONS 3. Establishment
More informationCONSTITUTIONAL COURT OF SOUTH AFRICA JUDGMENT
CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 11/01 IN RE: THE CONSTITUTIONALITY OF THE MPUMALANGA PETITIONS BILL, 2000 Heard on : 16 August 2001 Decided on : 5 October 2001 JUDGMENT LANGA DP: Introduction
More informationConference of European Constitutional Courts XIIth Congress
Conference of European Constitutional Courts XIIth Congress The relations between the Constitutional Courts and the other national courts, including the interference in this area of the action of the European
More informationKENYA GAZETTE SUPPLEMENT
SPECIAL ISSUE Kenya Gazette Supplement No. 75 (National Assembly Bills No. 19) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT NATIONAL ASSEMBLY BILLS, 2018 NAIROBI, 19th June, 2018 CONTENT Bill for Introduction
More informationTHE CONSTITUTION OF KENYA, 2010
LAWS OF KENYA THE CONSTITUTION OF KENYA, 2010 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org 11 CHAPTER EIGHT THE LEGISLATURE PART 1 ESTABLISHMENT
More informationGovernment Gazette REPUBLIC OF SOUTH AFRICA
Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 481 Cape Town 13 July 200 No. 27786 THE PRESIDENCY No. 698 13 July 200 It is hereby notified that the President has assented to the following Act, which
More informationTHE BOARD OF TRUSTEES OF NATIONAL PROVIDENT FUND (ESTABLISHMENT) ACT, 1975 PART I
THE BOARD OF TRUSTEES OF NATIONAL PROVIDENT FUND (ESTABLISHMENT) ACT, 1975 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section Title 1. Short title and Commencement. 2. Construction. 3. Interpretation.
More informationCHAPTER 8 MINISTERS AND PARLIAMENTARY SECRETARIES (REMUNERATION AND ALLOWANCES) / / / / / / /99
CHAPTER 8 MINISTERS AND PARLIAMENTARY SECRETARIES (REMUNERATION AND ALLOWANCES) 1979-5 This Act came into operation on 1st April, 1978. Amended by: 1984-19 1980/148 1982/230 1984/189 1986-16 1987-32 1989/15
More informationLAW ON LITIGATION PROCEDURE CONSOLIDATED TEXT
Unofficial translation LAW ON LITIGATION PROCEDURE CONSOLIDATED TEXT Part One BASIC PROVISIONS Chapter one BASIC PROVISIONS Article 1 This Law shall regulate the rules of the procedure on basis of which
More informationLegal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 212, 1st November, 2000
Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 39, No. 212, 1st November, 2000 Fifth Session Fifth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No. 55
More informationNakuru County Gazette Supplement No. 2 (Acts No. 1) ~2-111 REPUBLIC OF KENYA NAKURU COUNTY GAZETTE SUPPLEMENT ACTS, NAIROBI, 3rd March, 2017
SPECIAL ISSUE Nakuru County Gazette Supplement No. 2 (Acts No. 1).. ~2-111 i T- REPUBLIC OF KENYA NAKURU COUNTY GAZETTE SUPPLEMENT ACTS, 2017 NAIROBI, 3rd March, 2017 CONTENT Act Page The Nakuru County
More informationGUYANA. ACT No. 5 of 2004 AUDIT ACT 2004
GUYANA ACT No. 5 of 2004 AUDIT ACT 2004 I assent, Bharrat Jagdeo President 28 th April, 2004. ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short Title and commencement. 2. Interpretation. PART
More informationTHE Anti Narcotic Force Act, 1997
THE Anti Narcotic Force Act, 1997 Sections Contents Preamble 1 Short title and commencement 2 Definitions 3 Constitution of the Force 4 Superintendence and administration of the Force 5 Functions of the
More informationBERMUDA PARLIAMENT ACT : 19
QUO FA T A F U E R N T BERMUDA PARLIAMENT ACT 1957 1957 : 19 TABLE OF CONTENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Arrangement of Act [omitted] Interpretation Savings PART I PART II IMMUNITIES
More informationTHE BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956
SECTIONS THE BIHAR AND WEST BENGAL (TRANSFER OF TERRITORIES) ACT, 1956 1. Short title. 2. Definitions. ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY PART II TRANSFER OF TERRITORIES 3. Transfer of territories
More informationI. PARLIAMENTARY PROCEDURE-ITS PURPOSE AND USE II. GENERAL PRINCIPLES OF PARLIAMENTARY PROCEDURE
I. PARLIAMENTARY PROCEDURE-ITS PURPOSE AND USE Parliamentary law is a system of maintaining order in organizations. It provides an approved and uniform method of conducting meetings in a fair, orderly,
More informationKENYA GAZETTE SUPPLEMENT
SPECIAL ISSUE Kenya Gazette Supplement No. 12 (Mombasa County Bills No. 11) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT MOMBASA COUNTY BILLS, 2017 NAIROBI, 13th June, 2017 CONTENT Bill for Introduction
More informationNATIONAL DROUGHT MANAGEMENT AUTHORITY ACT
LAWS OF KENYA NATIONAL DROUGHT MANAGEMENT AUTHORITY ACT NO. 4 OF 2016 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org National Drought Management
More informationTHE KARNATAKA PUBLIC MONEYS (RECOVERY OF DUES) ACT, 1979
THE KARNATAKA PUBLIC MONEYS (RECOVERY OF DUES) ACT, 1979 Statement of Object and Reasons Sections: 1. Short title and commencement 2. Definitions ARRANGEMENT OF SECTIONS 3. Recovery of certain dues as
More informationBE it enacted by the King's Most Excellent Majesty,
NATIONAL EMERGENCY ACT. Act No. 1, 1941. An Act to secure the taking of precautions with a view to the protection of persons and property from injury or damage in the event of enemy action; to amend the
More informationAli Hassan Abdirahman v Mahamud Muhumed Sirat & 2 others [2010] eklr REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAIROBI Civil Appeal 26 of 2010 ALI HASSAN ABDIRAHMAN... APPELLANT AND MAHAMUD MUHUMED SIRAT...1 ST RESPONDENT IBRAHIM HISH ADAN (RETURNING OFFICER)...2
More informationPRIVILEGES AND IMMUNITIES ACT
LAWS OF KENYA PRIVILEGES AND IMMUNITIES ACT CHAPTER 179 Revised Edition 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org CAP. 179 [Rev.
More informationE X T R A O R D I N A R Y PUBLISHED BY AUTHORITY
MANIPUR GAZETTE E X T R A O R D I N A R Y PUBLISHED BY AUTHORITY No. 601 Imphal, Saturday, December 24, 2011 (Pausa 3, 1933) GOVERNMENT OF MANIPUR SECRETARIAT : LAW & LEGISLATIVE AFFAIRS DEPARTMENT N O
More information294 GOODS VEHICLE LEVY ACT
Goods Vehicle Levy 1 LAWS OF MALAYSIA REPRINT Act 294 GOODS VEHICLE LEVY ACT 1983 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY
More informationBELIZE MONEY LAUNDERING (PREVENTION) ACT CHAPTER 104 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003
BELIZE MONEY LAUNDERING (PREVENTION) ACT CHAPTER 104 REVISED EDITION 2003 SHOWING THE SUBSTANTIVE LAWS AS AT 31ST MAY, 2003 This is a revised edition of the Substantive Laws, prepared by the Law Revision
More information1. This Act may be cited as the (e) Prevention of Terrorism (Temporary Provisions) Act.
PREVENTION OF TERRORISM AN ACT TO MAKE TEMPORARY PROVISION FOR THE PREVENTION OF ACTS OF TERRORISM SRI LANKA, THE PREVENTION OF UNLAWFUL ACTIVITIES OF ANY INDIVIDUAL, GROUP OF INDIVIDUALS, ASSOCIATION,
More informationHOUSING ACT CHAPTER 117 LAWS OF KENYA
LAWS OF KENYA HOUSING ACT CHAPTER 117 Revised Edition 2018 [2015] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org CHAPTER 117 HOUSING ACT
More informationPREVENTION AND TREATMENT OF DRUG DEPENDENCY ACT 20 OF 1992
Page 1 of 32 PREVENTION AND TREATMENT OF DRUG DEPENDENCY ACT 20 OF 1992 (English text signed by the State President) [Assented To: 3 March 1992] [Commencement Date: 30 April 1993 unless otherwise indicated]
More informationTRADING IN PROHIBITED GOODS ACT
LAWS OF KENYA TRADING IN PROHIBITED GOODS ACT CHAPTER 519 Revised Edition 2012 [1967] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.
More informationTHE PUBLIC AUDIT ACT, 2008 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS PART II THE CONTROLLER AND AUDITOR-GENERAL
THE PUBLIC AUDIT ACT, 2008 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS Section Title 1. Short title and commencement. 2. Application. 3. Interpretation. PART II THE CONTROLLER AND AUDITOR-GENERAL
More informationThe Public Guardian and Trustee Act
Consolidated to September 23, 2011 1 The Public Guardian and Trustee Act being Chapter P-36.3* of the Statutes of Saskatchewan, 1983 (effective April 1, 1984) as amended by the Statutes of Saskatchewan,
More informationTHE HIGH COURT COMMERCIAL
THE HIGH COURT COMMERCIAL [2016 No. 4809 P.] BETWEEN THE DATA PROTECTION COMMISSIONER PLAINTIFF AND FACEBOOK IRELAND LIMITED AND MAXIMILLIAN SCHREMS DEFENDANTS Executive Summary of the Judgment 3 rd October,
More informationWhistleblower Protection 1 LAWS OF MALAYSIA. Act 711 WHISTLEBLOWER PROTECTION ACT 2010
Whistleblower Protection 1 LAWS OF MALAYSIA Act 711 WHISTLEBLOWER PROTECTION ACT 2010 2 Laws of Malaysia ACT 711 Date of Royal Assent...... 2 June 2010 Date of publication in the Gazette......... 10 June
More informationSAINT VINCENT AND THE GRENADINES PROCEEDS OF CRIME AND MONEY LAUNDERING (PREVENTION) ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY
SAINT VINCENT AND THE GRENADINES PROCEEDS OF CRIME AND MONEY LAUNDERING (PREVENTION) ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1 Short title commencement and application 2. Interpretation 3 Value
More informationTHE RAILWAY CLAIMS TRIBUNAL ACT, 1987 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY
SECTIONS THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 1. Short title, extent and commencement. 2. Definitions. ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY CHAPTER II ESTABLISHMENT OF RAILWAY CLAIMS TRIBUNAL
More informationTHE CENTRAL ROAD FUND ACT, 2000
1. Short title, extent and commencement. (1) This Act may be called the Central Road Fund Act, 2000. (2) It extends to the whole of India. (3) Save as otherwise provided in this Act, it shall be deemed
More informationAN ADVISORY OPINION ON THE PROPOSED RESTRUCTURING OF THE ETHICS AND ANTI-CORRUPTION COMMISSION
AN ADVISORY OPINION ON THE PROPOSED RESTRUCTURING OF THE ETHICS AND ANTI-CORRUPTION COMMISSION The Commission on Administrative Justice, also known as the Office of the Ombudsman, (hereinafter referred
More informationKENYA GAZETTE SUPPLEMENT
SPECIAL ISSUE Kenya Gazette Supplement No. 215 (Acts No. 51) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2012 NAIROBI, 4th January, 2013 CONTENT Act PAGE The Proceeds of Crime and Anti-Money Laundering
More informationCHAPTER 2 STANDING RULES FOR THE GOVERNMENT OF THE COMMON COUNCIL
CHAPTER 2 STANDING RULES FOR THE GOVERNMENT OF THE COMMON COUNCIL Section 2.01 Meetings 2.02 Call to Order 2.03 Reading of Minutes 2.04 Order of Business 2.05 Introduction of Business 2.06 Questions of
More informationTHE APPRENTICESHIP ORDINANCE, ORDINANCE NO. LVI OF th th June, 1962
THE APPRENTICESHIP ORDINANCE, 1962 ORDINANCE NO. LVI OF 1962 6 th th June, 1962 An Ordinance to make provision for promoting, developing and regulating systematic apprenticeship programmes in the in*dustries
More informationNATIONAL SUGAR DEVELOPMENT COUNCIL ACT
NATIONAL SUGAR DEVELOPMENT COUNCIL ACT ARRANGEMENT OF SECTIONS 1. Establishment of the National Sugar Development Council. 2. Membership of the Council. 3. Functions of the Council. 4. Tenure of office
More informationELGEYO/MARAKWET COUNTY GAZETTE SUPPLEMENT
NATIONAL COt NCI 1, FOR LAW REPOkI 1N( LIBRARY SPECIAL ISSUE jg_eyo/marakwet CountyGazette Supplement No. 8 (Acts No. 2) REPUBLIC OF KENYA ELGEYO/MARAKWET COUNTY GAZETTE SUPPLEMENT ACTS, 2016 NAIROBI,
More information69 No. 8 ] Money Laundering (Prevention) Act [ 2010.
69 SAINT LUCIA No. 8 of 2010 ARRANGEMENT OF SECTIONS Section PART 1 PRELIMINARY 1. Short title 2. Interpretation 3. Jurisdiction to try offences under this Act PART 2 CONTINUATION, FUNCTIONS AND POWERS
More informationG.R. KARE COLLEGE OF LAW MARGAO GOA. Name: Malini Ramchandra Kamat F.Y.LL.M. Semester II. Roll No. 8 CONSTITUTIONAL LAW
G.R. KARE COLLEGE OF LAW MARGAO GOA Name: Malini Ramchandra Kamat F.Y.LL.M Semester II Roll No. 8 CONSTITUTIONAL LAW Sub: DOCTRINE OF REPUGNANCY I N THE CONTEXT OF PROVISION OF CONSTITUTION 1 P age CONTENTS
More informationFOREIGN INVESTMENTS PROTECTION ACT
LAWS OF KENYA FOREIGN INVESTMENTS PROTECTION ACT CHAPTER 518 Revised Edition 2016 [2012] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org
More informationPublic Appointments and Public Bodies etc. (Scotland) Act 2003
Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) i Section Public Appointments and Public Bodies etc. (Scotland) Act 2003 2003 asp 4 CONTENTS PART 1 THE COMMISSIONER FOR PUBLIC APPOINTMENTS
More informationNIGERIAN TECHNICAL AID CORPS ACT ARRANGEMENT OF SECTIONS PART I. Establishment of the Nigerian Technical Aid Corps, etc.
NIGERIAN TECHNICAL AID CORPS ACT ARRANGEMENT OF SECTIONS PART I Establishment of the Nigerian Technical Aid Corps, etc. SECTION 1. Establishment of the Nigerian Technical Aid Corps. 2. Objectives of the
More informationTHE GOVERNORS (EMOLUMENTS, ALLOWANCES AND PRIVILEGES) AMENDMENT BILL, 2012
AS INTRODUCED IN LOK SABHA Bill No. 137 of 2012 43 of 1982. 5 10 THE GOVERNORS (EMOLUMENTS, ALLOWANCES AND PRIVILEGES) AMENDMENT BILL, 2012 A BILL further to amend the Governors (Emoluments, Allowances
More informationSYNOPSIS AND LIST OF DATES The Foreign Contribution (Regulation) Act,
SYNOPSIS AND LIST OF DATES 05.08.1976 The Foreign Contribution (Regulation) Act, 1976 was enacted by the Parliament to serve as a shield in legislative armoury, in conjunction with other laws like the
More informationREPUBLIC OF KENYA. NAIROBI, 18th August, 2015 CONTENT. Bill for Introduction into the National Assembly PAGE
N'k'J,10N8L Cot_NCIL FOR T pepopting W, SPECIALISSUE LIBRARY Kenya Gazette Supplement No. 139 (National Assembly Bills No. 54) REPUBLIC OF KENYA KENYA to-"aazettesupplement %MA*N% NATIONAL ASSEMBLY BILLS,
More informationCommissioner for Older People (Scotland) Bill [AS INTRODUCED]
Commissioner for Older People (Scotland) Bill [AS INTRODUCED] CONTENTS Section 1 Establishment 2 Appointment 3 Removal The Commissioner Functions 4 Promoting and safeguarding rights and interests United
More informationTHE SMALL INDUSTRIES DEVELOPMENT ORGANIZATION ACT, 1973 ARRANGEMENT OF SECTIONS
THE SMALL INDUSTRIES DEVELOPMENT ORGANIZATION ACT, 1973 ARRANGEMENT OF SECTIONS Section Title 1. Short title. 2. Interpretation. 3. Establishment of the Organization. 4. Composition and proceedings of
More informationProhibition and Prevention of [No. 14 of 2001 Money Laundering THE PROHIBITION AND PREVENTION OF MONEY LAUNDERING BILL, 2001
73 THE PROHIBITION AND PREVENTION OF MONEY LAUNDERING BILL, 2001 Section 1. Short title and commencement 2. Interpretation ARRANGEMENT OF SECTIONS PART I PRELIMINARY PART II ANTI-MONEY LAUNDERING AUTHORITY
More information1296. Accounting documents to be filed by non-eea company.
1294. Accounting documents to be filed by EEA company. 1295. Filing obligations of non-eea company. 1296. Accounting documents to be filed by non-eea company. 1297. Return of capital by non-eea company.
More informationTHE LEVY SUGAR PRICE EQUALISATION FUND ACT 1976 [ACT No. 31 OF 1976]
THE LEVY SUGAR PRICE EQUALISATION FUND ACT 1976 [ACT No. 31 OF 1976] (16th February 1976) (As amended by Levy Sugar Price Equalisation Fund (Amendment) Act 1984 (Act No. 54 of 1984) dated 23-8-1984) An
More informationJustice M. S. Sonak High Court of Bombay
BASIC STRUCTURE OF THE CONSTITUTION OF INDIA Justice M. S. Sonak High Court of Bombay Basic Structure of the presentation What is the constitution? Judicial review of legislation Power to amend constitution
More informationThe Central Excise Act, 1944
The Central Excise Act, 1944 [Act No. 1 of 1944] Chapter VII Supplemental Provisions An Act to consolidate and amend the law relating to Central Duties of Excise [24th February, 1944] Section 37. Power
More informationINTER CA MAY PAPER 2 : CORPORATE AND OTHER LAWS Branch: Multiple Date: Page 1
INTER CA MAY 08 PAPER : CORPORATE AND OTHER LAWS Branch: Multiple Date: Note: Question is compulsory. Attempt any five from the rest. Question Mark each (a) Agency by actual authority: A contract of agency
More informationWhistleblower Protection Act 10 of 2017 (GG 6450) ACT
(GG 6450) This Act has been passed by Parliament, but it has not yet been brought into force. It will come into force on a date set by the Minister in the Government Gazette. ACT To provide for the establishment
More informationNIGERIAN SHIPPERS' COUNCIL ACT
NIGERIAN SHIPPERS' COUNCIL ACT ARRANGEMENT OF SECTIONS 1. Establishment of the Nigerian Shippers' Council. 2. Membership. 3. Functions of the Council. 4. Power of the Minister to give directions to the
More informationTHE CONSTITUTION (ONE HUNDRED AND FIFTEENTH AMENDMENT) BILL, 2011
Bill No. 22 of 2011 THE CONSTITUTION (ONE HUNDRED AND FIFTEENTH AMENDMENT) BILL, 2011 A BILL Further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-second year of the Republic
More informationContents CHAPTER I PRELIMINARY CHAPTER II STAMP DUTIES. 4. Several instruments used in single transaction of sale, mortgage or settlement
THE INDIAN STAMP ACT, 1899 Contents SN Subject CHAPTER I PRELIMINARY 1. Short title, extent and commencement 2. Definitions CHAPTER II STAMP DUTIES 3. Instruments chargeable with duty. 4. Several instruments
More informationGUYANA. ACT No. 2 of 1980 CONSTITUTION OF THE CO OPERATIVE REPUBLIC OF GUYANA ACT 1980 ARRANGEMENT OF SECTIONS
GUYANA ACT No. 2 of 1980 CONSTITUTION OF THE CO OPERATIVE REPUBLIC OF GUYANA ACT 1980 I assent, A. CHUNG President. 20 th February,1980. ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation.
More informationKENYA GAZETTE SUPPLEMENT
SPECIAL ISSUE Kenya Gazette Supplement No. 3 (Acts No. 1) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2013 NAIROBI, 16th January, 2013 CONTENT Act PAGE The National Government Co-ordination Act, 2013
More informationTHE KARNATAKA SPECIAL TAX ON ENTRY OF CERTAIN GOODS ACT, 2004 Arrangement of Sections CHAPTER II LEVY OF TAX
608 THE KARNATAKA SPECIAL TAX ON ENTRY OF CERTAIN GOODS ACT, 2004 Arrangement of Sections STATEMENT OF OBJECTS AND REASONS Sections: CHAPTER I PRELIMINARY 1. Short title, extent and commencement 2. Definitions
More informationIN THE COURT OF APPEAL. (1) THE COMPTROLLER OF CUSTOMS (2) THE ATTORNEY GENERAL OF THE COMMON- WEALTH OF DOMINICA Respondents
DOMINICA CIVIL APPEAL No. 8 of 1994 IN THE COURT OF APPEAL BETWEEN: J. ASTAPHAN & CO (1970) LTD and Appellant (1) THE COMPTROLLER OF CUSTOMS (2) THE ATTORNEY GENERAL OF THE COMMON- WEALTH OF DOMINICA Respondents
More informationLAW ON THE FINANCING OF POLITICAL ACTIVITIES OF SERBIA. as of 14 June (as translated by the OSCE)
Strasbourg, 25 September 2014 Opinion No. 782 / 2014 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) LAW ON THE FINANCING OF POLITICAL ACTIVITIES OF SERBIA as of 14 June 2011
More informationSUBMISSION TO THE STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS INQUIRY INTO THE HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) BILL
SUBMISSION TO THE STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS INQUIRY INTO THE HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) BILL The Refugee Council of Australia (RCOA) is the national umbrella body
More informationCONSTRUCTIVE NOTICE OF MEMORANDUM AND ARTICLES
FAQs Q1. Explain the Constructive Notice of Memorandum and Articles of Association. Ans. CONSTRUCTIVE NOTICE OF MEMORANDUM AND ARTICLES (a) The Memorandum and Articles of Association are public documents.
More informationACT NO. 6 OF 2010 I ASSENT { AMANI ABEID KARUME } PRESIDENT OF ZANZIBAR AND CHAIRMAN OF THE REVOLUTIONARY COUNCIL
ACT NO. 6 OF 2010 I ASSENT { AMANI ABEID KARUME } PRESIDENT OF ZANZIBAR AND CHAIRMAN OF THE REVOLUTIONARY COUNCIL 30 April, 2010 AN ACT TO PROVIDE FOR THE PROVISIONS OF REFERENDUM AND OTHER MATTERS CONNECTED
More informationELECTION OFFENCES ACT
LAWS OF KENYA ELECTION OFFENCES ACT NO. 37 OF 2016 Revised Edition 2017 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2017] No.
More informationAmendments made in Indirect-Tax Law. Amendments relating to Central Excise
Amendments made in Indirect-Tax Law Amendments relating to Central Excise 1. Amendment of section 3A In the Central Excise Act, 1944 (1 of 1944) (hereinafter referred to as the Central Excise Act), in
More informationTM NATIONAL DROUGHT MANAGEENT AUTHORITY BILL, 2013 ARRANGEMENT OF CLAUSES Clause PART I--PRELIMINARY 1-Short tle
1311 TM NATIONAL DROUGHT MANAGEENT AUTHORITY BILL, 2013 ARRANGEMENT OF CLAUSES Clause PART I--PRELIMINARY 1-Short tle 2-Interpretation PART II THE NATIONAL DROUGHT MANAGEMENT AUTHORITY 3- Establishment
More informationJ.Q.A.T. PTY LIMITED STORM CONNOLLY J.:
162 1987 J.Q.A.T. PTY LIMITED v. STORM (O.S. 749/1985) Full Court (Connolly J., Williams J., Ambrose J.) 19, 23 June; 4 July 1986 Trade Residual Matters Restraint of trade by agreement Validity Restrictive
More informationBare Acts & Rules. Hello Good People! Free Downloadable Formats. LaLas
Bare Acts & Rules Free Downloadable Formats Hello Good People! LaLas ACT 20 OF 2007 THE KERALA STATE COMMISSION FOR THE SCHEDULED CASTES AND THE SCHEDULED TRIBES ACT, 2007 An Act to constitute a Commission
More informationLabuan Offshore Financial Services Authority (Amendment) LAWS OF MALAYSIA. Act A1365
Labuan Offshore Financial Services Authority (Amendment) 1 LAWS OF MALAYSIA Act A1365 LABUAN OFFSHORE FINANCIAL SERVICES AUTHORITY (AMENDMENT) ACT 2010 2 Laws of Malaysia ACT A1365 Date of Royal Assent......
More informationPARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA PORTS AND AIRPORTS DEVELOPMENT LEVY ACT, No. 18 OF 2011 [Certified on 31st March, 2011] Printed on the Order of Government Published as a Supplement
More informationIN THE COURT OF APPEAL MARTINUS FRANCOIS. and
SAINT LUCIA CIVIL APPEAL NO. 37 OF 2003 BETWEEN: IN THE COURT OF APPEAL MARTINUS FRANCOIS and Applicant THE ATTORNEY GENERAL Respondent Before: The Hon. Mr. Adrian D. Saunders The Hon. Mr. Brian Alleyne,
More informationPETITION NO. 71 OF 2013 JUDGMENT Page 1 of 76
IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS CONSTITUTIONAL AND HUMAN RIGHTS DIVISION PETITION NO. 71 OF 2013 BETWEEN THE INSTITUTE OF SOCIAL ACCOUNTABILITY..... 1 ST PETITIONER CENTRE FOR ENHANCING
More informationREVISION OF THE LAWS ACT
LAWS OF KENYA REVISION OF THE LAWS ACT CHAPTER 1 Revised Edition 2012 [1980] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012]
More informationLAW-MAKING BY LEGISLATION IN SIERRA LEONE
NO PEACE WITHOUT JUSTICE E.P. 2H262; Rue Wiertz 60; B-1047 Bruxelles; Tel. +32 (0)2 284 3357; Fax +32 (0)2 2849983 866 UN Plaza #408; New York NY 10017 Tel. +1 212 9802558 Fax +1 212 9801072 Via di Torre
More informationUTTAR PRADESH CONTINGENCY FUND ACT,
2.105 APPENDIX IV UTTAR PRADESH CONTINGENCY FUND ACT, 1950 (U. P. Act No. XIX OF 1950 AS AMENDED BY U. P. Act 4 OF 1967, 21 OF 1970, 3 OF 1972, 4 OF 1973, 3 OF 1974 AND 30 OF 1976) AUTHORITATIVE ENGLISH
More informationCHAPTER 359 FINANCIAL ADMINISTRATION AND AUDIT ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION. 1. Short title. 2. Interpretation.
CHAPTER 359 FINANCIAL ADMINISTRATION AND AUDIT ARRANGEMENT OF SECTIONS PART I PRELIMINARY SECTION 1. Short title. 2. Interpretation. PART II CONSOLIDATED FUND 3. Functions of the Minister. 4. Consolidated
More information