CHAPTER 104 - Outlying Districts (Repealed) Act

Outlying Districts Act, Cap 104

(Repealed by State Law (Repeals and Miscellaneous Amendments, Act, No 10 of 1997)

LAWS OF KENYA

THE OUTLYING DISTRICTS ACT

CAP. 104

Published by the National Council for Law Reporting

with the Authority of the Attorney-General

CHAPTER 104

THE OUTLYING DISTRICTS ACT

Cap 104

Commencement Date: 1902-11-01

An Act of Parliament to make provision for the closing of districts and parts of districts to travelers

Short title.

1.This Act may be cited asthe Outlying Districts Act.

Interpretation.

2. In this Act, "licence" means a licence granted under this Act, and "licensee" means a person holding a licence.

Power to close district.

L.N.362/1956,

L.N.172/1960,

21 of 1966, 1st Sch.

3. The Minister may, by order published in the Gazette, declare any district or part of a district to be closed to all travellers under this Act, and such district or part of a district shall be termed a closed district.

Entry into closed district prohibited.

55 of 1959, s.2,

L.N.604/1963.

4. No person shall enter a closed district except-

(a) natives of the district;

(b) public officers, or persons acting under the orders of a public officer in the course of their duty;

Licence to enter closed district.

L.N.362/1956,

L.N.172/1960,

L.N.604/1963.

5. The Provincial Commissioner of the province, or the District Commissioner or a District Officer of the district may grant licences to enter a closed district, and may, if he thinks fit, prescribe conditions, which shall be endorsed upon the licence, upon which any particular licence shall be granted, and also may, as the condition precedent to the grant of a licence, require the proposed licensee to furnish security, either in cash or by bond, for the observance of the conditions.

Withdrawal of licence.

L.N.362/1956

L.N.172/1960,

L.N.604/1963.

6. The Provincial Commissioner of the province, or the District Commissioner or a District Officer of the district may at any time withdraw a licence.

Penalty for entering without a licence.

55 of 1959, s.3,

L.N.604/1963,

21 of 1966, 1st Sch.

7. (1) Any person, other than a person referred to in paragraph(a)or paragraph(b)of section 4, entering or being in a closed district without a licence or remaining in a closed district after the withdrawal of his licence shall be guilty of an offence, and in addition to any other penalty shall be liable to reimburse the Government for any expenses incurred by it.

(2) All crops belonging to or planted by any such person, and all buildings belonging to or occupied or used by any such person, may be seized by any administrative officer and may be destroyed or disposed of in such manner as the District Commissioner may think fit:

Provided that -

(i) this subsection shall not apply to any building belonging to one person but occupied or used by another person who is not entitled to be in the closed district, if the person to whom such building belongs did not know and had no reasonable cause to believe that the person occupying or using the building was not entitled to be in the closed district; and

(ii) subject to subsection (1), any proceeds of sale of any such crops or building seized, or of any building materials comprised in any such building which is demolished after seizure, shall be paid to the person to whom such crops or building belonged before such seizure.

licensees.

55 of 1959,s.4.

8. If a licensee commits a breach of the conditions endorsed upon his licence, or does any act calculated to disturb the peace of a closed district, he shall be guilty of an offence, and in addition to any other penalty shall be liable to forfeit any security furnished by him.

Removal of person unlawfully in closed district.

55 of 1959, s.5.

9. Without prejudice to sections 7 and 8, any administrative officer, or any police officer of or above the rank of Assistant Inspector, may remove or cause to be removed from a closed district any person who is unlawfully therein in contravention of the provisions of this Act; and the person may be so removed to any place elsewhere in Kenya which is at or near his normal place of residence or from which his normal place of residence is reasonably accessible; and for the purpose of effecting the removal the officer may detain or cause to be detained the person in custody during the removal and for such period as may be necessary to make arrangements therefor.

Recovery of expenses from licensee.

55 of 1959, s.6,

L.N.362/1956,

L.N.172/1960,

L.N.604/1963,

21 of 1966, 1st Sch.

10. The Government may recover from a licensee any expenditure incurred by it in rendering him assistance, in quelling disturbance, or in removing him under section 9, and shall for that purpose have a lien upon any security furnished by him.

Penalty.

11. Any person who is guilty of an offence under this Act shall be liable to a fine not exceeding two thousand shillings or to imprisonment not exceeding two months, or to both such fine and imprisonment.

Offences to be Cognizable.

55 of 1959, s.7.

12. All offences under this Act shall be cognizable to the police.

Rules.

L.N.370/1956,

L.N.173/1960

13. The Minister may make rules with regard to the following matters, and generally for the purpose of carrying this Act into effect -

(a) the officers or classes of officers by whom and the manner in which the powers conferred by this Act shall be carried out;

(b) the forms of licenses;