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123. (1) In this Constitution,
unless the context otherwise requires
the
Commonwealth means Kenya, a country to
which section 95 applies and a dependency of any such country;
district means one of the districts into which Kenya is divided in the manner prescribed by an Act
of Parliament;
the
East African
Community means the East African
Community established by Article 1 of the Treaty
for East African Co-operation signed on 6th
June, 1967 and includes
the corporations specified in Article 71
of that Treaty and
the East African Development Bank established
by Article
21 of that Treaty;
financial Year means the period of
twelve months ending
on 30th June or on such other
day as Parliament may
prescribe;
Kenya means the territory comprised in Kenya on 12th
December, 1963 and the territorial waters of Kenya as for
the time being defined by Act of Parliament;
local authority means a municipal,
county, town
or urban
council, or a council for any other area,
established by or
under an Act of Parliament.
oath
includes affirmation;
the
oath of allegiance means an oath of allegiance
as may
be prescribed by Parliament;
person
includes a body of persons corporate or
unincorporate;
Political
party means a political party which is
duly
registered under any law which requires political
parties to
be registered,
and which has complied with the requirements
of any law as to the constitution or rules of
political parties nominating candidates for
the National Assembly;
province means one of the provinces
into which Kenya is divided in the manner prescribed
by an Act of Parliament;
public officer means a person holding
or acting in an office in the public service;
the public service includes the public service at any time before
12th December, 1963;
session means the period beginning
when the National Assembly first sits
after 11th December, 1963
or after Parliament is prorogued
or dissolved at any time and ending when
Parliament is prorogued or is dissolved without
having been prorogued;
sitting means, in relation to the National Assembly, a period during which the Assembly is sitting
without adjournment and includes
any period during which it is in committee;
subordinate court means a court of
law in Kenya other
than
(a)
the High Court
(b)
a court having jurisdiction to hear appeals from
the High Court; or
(c)
a court-martial;
writing includes printing and any other mode of
reproducing words in a visible form.
2)
Except where the context otherwise requires, any
powers
Conferred
upon Parliament by this Constitution to establish,
provide for or prescribe any matter or
thing shall be
exercisable by Act of Parliament.
(2)
For the purposes of this Constitution, a person
shall not be
Regarded
as holding an office by reason only of the fact
that he is in receipt of a pension or
other similar
allowance.
(3)
In this Constitution, unless the context otherwise
requires,
a reference to the holder of an
office by the term
designating his office shall be
construed as including, to
the extent of his authority a
reference to any person for the
time being authorised to exercise the functions of that
office.
(4)
Where this Constitution confers a power or imposes a
duty, then, unless the contrary intention
appears, the power
may be exercised and the duty shall be
performed from
time to time as occasion arises.
(6) Subject to this Constitution, any provision in this
Constitution that vest in a person or authority the power to
remove a public officer from his office shall
be without
prejudice to the power of a person or authority
to abolish an
office or to any law providing for the compulsory
retirement of public officers generally or any
class of public
officer on attaining an age specified therein.
(7) Where this Constitution vests in a person
to act in or to
exercise the functions of an office if
the holder thereof is
himself unable to exercise those functions,
no such
appointment shall be called in question
on the grounds that
the holder of the office was not unable
to exercise those
functions.
No provision of this Constitution
that a person or authority shall not be subject
to the direction or control of any other person
or authority in the exercise of any functions
under this
Constitution shall be construed as precluding
a court from exercising jurisdiction in relation
to any question whether that person or authority
has exercised those functions in accordance
with this Constitution or any other law.
(9) In this Constitution,
unless the context otherwise requires--
(a)
words importing the masculine gender shall include
females;
(b)
words in the singular shall include the plural,
and words in the plural shall include the singular.
(2)
Where an order, regulation or rule, or any amendment
or revocation thereof, made under a power conferred
by this Constitution comes into operation at
the beginning of that day.
(3)
Where a power is conferred by this Constitution
to make an order, regulation or rule or pass
a resolution or give a direction or make a declaration
or designation, the power shall be construed
as including the power, exercisable in the same
manner and subject to the same conditions, if
any, to amend or revoke the order, regulation,
rule, resolution, direction, declaration or
designation.
(12) A reference
in this Constitution to a law made before 12th
December 1963 shall, unless the context otherwise
requires, be construed as a reference to the
law as it had effect on 11th December,
1963.
(13) A reference in this Constitution
to a law that amends or replace another law
shall be construed as including a reference
to a law that modifies, re-enacts, with or without
amendment or modification, or makes different
provision in place of that other law.
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