Indemnity Act Cap 44 - as Plain Text by MWakili

LAWS OF KENYA INDEMNITY ACT CHAPTER 44 Revised Edition 2012 [1972] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev.

2012] CAP.

44 Indemnity CHAPTER 44 INDEMNITY ACT ARRANGEMENT OF SECTIONS Section 1.

Short title.

2.

Interpretation.

3.

Restriction on proceedings in respect of acts done in prescribed area.

4.

Saving for certain proceedings.

5.

Evidence.

6.

Saving for judgments.

3 [Issue 1] [Rev.

2012] CAP.

44 Indemnity CHAPTER 44 INDEMNITY ACT [Date of assent: 4th June, 1970.] [Date of commencement: 5th June, 1970.] An Act of Parliament to restrict the taking of legal proceedings in respect of certain acts and matters done in certain areas between the 25th December, 1963, and the 1st December, 1967, and to make provision for matters incidental thereto or connected therewith [Act No.

5 of 1970.] 1.

Short title This Act may be cited as the Indemnity Act.

2.

Interpretation In this Act, the prescribed area means the North-Eastern Province and the Isiolo, Marsabit, Tana River and Lamu Districts.

3.

Restriction on proceedings in respect of acts done in prescribed area (1) No proceeding or claim to compensation or indemnity shall be instituted or made in or entertained by any court, or by any authority or tribunal established by or under any law, for or on account of or in respect of any act, matter or thing done within or in respect of the prescribed area after the 25th December, 1963, and before 1st December, 1967, if it was (a) done in good faith; and (b) done or purported to be done in the execution of duty in the interests of public safety or of the maintenance of public order, or otherwise in the public interest, by a public officer or by a member of the armed forces, or by a person acting under the authority of a public officer or of a member of the armed forces.

(2) If any proceeding or claim such as is referred to in subsection (1) of this section has been instituted before the commencement of this Act, it shall be discharged, subject in the case of proceedings instituted before the 1st June, 1969, to such order as to costs as the court may think fit to make.

4.

Saving for certain proceedings Section 3 of this Act does not prevent (a) the institution or prosecution of proceedings on behalf of the Government; or (b) the institution or prosecution of proceedings in respect of any rights under, or alleged breaches of, contract, if the proceedings are instituted within one year after the commencement of this Act.

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44 [Rev.

2012] Indemnity 5.

Evidence (1) The Minister shall appoint a Committee in each administrative district, consisting of the district commissioner and the local elected leaders, which shall scrutinize every aggrieved case, and shall report their findings to the Minister, who shall issue the necessary certificate.

(2) A certificate under subsection (1) of this section purporting to be signed by a Minister shall be presumed to have been so signed unless the contrary is proved.

(3) The Minister may by order in gazette make regulations generally for the implementation of this Act and in particular such regulations may (a) prescribe the constitution and rules of procedure of committees established under subsection (1) of section 5 hereof; and (b) prescribe the purposes for which the Ministers certificate shall be sufficient evidence.

6.

Saving for judgments Nothing in this Act shall prejudice or prevent the institution or prosecution of proceedings for giving effect to a final judgment, decree or order given or made before the commencement of this Act by any court of final resort, or by any other court where the judgment, decree or order of such court is not then the subject of a pending appeal.

[Issue 1] 6 [Rev.

2012] CAP.44 Indemnity [Subsidiary] CHAPTER 44 INDEMNITY ACT SUBSIDIARY LEGISLATION List of Subsidiary Legislation Page 1.

Indemnity (Constitution and Procedure of Committees) Order, 1972.

97 [Issue 1] [Rev.

2012] CAP.44 Indemnity [Subsidiary] INDEMNITY (CONSTITUTION AND PROCEDURE OF COMMITTEES) ORDER, 1972 [L.N.

21/1972.] 1.

This Order may be cited as the Indemnity (Constitution and Procedure of Committees) Order, 1972.

2.

In this order committee means a committee appointed under section 5(1) of the Act; petitioner means any person who submits to the committee a petition in respect of an aggrieved case.

3.

(1) Every committee shall consist of the District Commissioner who shall be the Chairman and two local elected leaders appointed by the Minister.

(2) Every committee shall appoint a public officer in the district to be its secretary.

4.

(1) Every claim under the Act shall be made by a petition addressed to the Chairman of the Committee and such petition shall be in triplicate and in the form in the Schedule to this Order.

(2) The petition shall be accompanied by such other written submissions as the petitioner may wish to make, and by a list of any witnesses he may propose to call, in support of the aggrieved case.

(3) No further witnesses shall be called at the hearing except with the permission of the Chairman of the Committee.

5.

The Committee shall, within thirty days after receipt of a petition fix a date for the hearing of the petition and inform the petitioner accordingly.

6.

Where the Committee considers that the nature and particulars of the aggrieved case are not adequately set out in the petition the Committee may require the petitioner to provide such further particulars as the Committee may consider necessary and within such period as the Committee may direct.

7.

The Committee may, where it considers it expedient so to do and with the consent of the petitioner, appoint one or more assessors to assist it and where an assessor is so appointed the Committee may compile its findings on the aggrieved case partially or wholly with the assistance of such assessor.

8.

The Committee shall have the same powers as are vested in a court when trying a suit under the Civil Procedure Act (Cap.

21) in respect of the following matters (a) appearance of parties; (b) enforcing the attendance of any person and examining him on oath or affirmation; and (c) compelling the production of a document.

9.

The Chairman shall, in his discretion, decide whether or not the hearing of any petition shall be open to the public.

10.

A quorum of the Committee shall be the Chairman and one other member.

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44 [Rev.

2012] Indemnity [Subsidiary] 11.

A decision of the Committee shall be made by a majority of the votes of the members present and voting, and, in the event of any equality of votes, the Chairman shall have and exercise a casting vote in addition to is original vote.

12.

Sittings of the Committee shall be held at the Office of the District Commissioner: Provided that such sittings may be held anywhere within the administrative district if this is necessary for the just assessment and scrutiny of the nature and particulars of any item set out in the petition.

13.

The Committee shall at any time correct any clerical mistakes, incidental errors or omissions appearing in any proceedings before it and shall forthwith notify the petitioner as to such corrections.

14.

Subject to this Order, the committee shall determine its own procedure and shall not be bound by the law of evidence or procedure applicable in legal proceedings, whether civil or criminal.

15.

(1) The findings to be submitted by the committee to the minister under section 5(1) of the Act shall be signed By each member of the Committee participating in the findings, and, where any such member dissents from the findings or any part thereof such dissent, the extent thereof and the reasons therefor shall be recorded in the findings by the dissenting member.

(2) Such findings shall state whether or not the Committee considers that the petitioner is entitled to an indemnity or compensation and, if so, the extent of such indemnity or compensation.

SCHEDULE [Rule 4.] PETITION The Chairman,.

District Committee,.

In accordance with paragraph 4(1) of the Indemnity (Constitution and Procedure of Committees) Order, 1972, a petition is hereby submitted in respect of compensation or indemnity for or on account of or in respect of an Act, matter or thing done within.

District after the 25th December, 1963, and before 1st December, 1967 Full particulars of the act matter or thing done Date Remedy Sought.

.

.

.

I/We submit that the act, matter or thing done as not done in good faith and in the execution of duty in the interests of public safety or of the maintenance of public order, or otherwise in the public interest, as provided by section 3(1) of the Indemnity Act, 1970.

Dated this.

day of .,1972.

.

Petitioner [Issue 1] 10.