Cabinet Secretary to the Treasury (Incorporation) Act

LAWS OF KENYA
THE CABINET SECRETARY TO THE TREASURY (INCORPORATION) ACT
CAP. 101
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Cabinet Secretary to the Treasury (Incorporation) Act
Cap. 101
Legislation as at 31 December 2022
By Kenya Law and Laws.Africa. Share widely and freely.
www.kenyalaw.org | [email protected]
FRBR URI: /akn/ke/act/1962/2/eng@2022-12-31
There is no copyright on the legislative content of this document.
This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC-
SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format
for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build
upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following
elements:
• BY: credit must be given to the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Cabinet Secretary to the Treasury (Incorporation) Act (Cap. 101)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Constitution of body corporate .................................................................................................................................................................. 1
3. Powers ................................................................................................................................................................................................................. 1
4. Execution of documents ............................................................................................................................................................................... 1
5. Notification to be conclusive evidence of appointment ................................................................................................................... 2
6.

usive evidence of appointment ................................................................................................................... 2
6.

Corporation not bound .................................................................................................................................................................................. 2
7. Transfer of property to the corporation .................................................................................................................................................. 2

n .................................................................................................................................................. 2

Cabinet Secretary to the Treasury (Incorporation) Act (Cap. 101) Kenya
CABINET SECRETARY TO THE
TREASURY (INCORPORATION) ACT
CAP. 101
Assented to on 6 March 1962
Commenced on 13 March 1962
[Amended by Kenya (Amendment of Laws) (Written Laws)
Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
[Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments)
(No. 2) Order, 1964 (Legal Notice 124 of 1964) on 12 December 1963]
[Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments)
(No.7) Order, 1964 (Legal Notice 374 of 1964) on 12 December 1963]
[Amended by Statute Law (Miscellaneous Amendments) Act, 1966 (Act No. 21 of 1966) on 12 July 1966]
[Amended by Public Finance Management Act (Cap. 412A) on 27 August 2012]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to incorporate the Cabinet Secretary to the National Treasury of Kenya
1. Short title
This Act may be cited as the Cabinet Secretary to the Treasury (Incorporation) Act. [L.N. 2/1964, Sch., Act No. 18 of 2012, 1st Sch.]
2.

. Short title
This Act may be cited as the Cabinet Secretary to the Treasury (Incorporation) Act. [L.N. 2/1964, Sch., Act No. 18 of 2012, 1st Sch.]
2.

Constitution of body corporate
(1) The officer for the time being discharging the duties of Cabinet Secretary to the National Treasury
of Kenya, and his successors in office, shall be a body corporate under the name of "Cabinet
Secretary to the National Treasury of Kenya" (hereinafter called the corporation). (2) The corporation may sue and be sued in its corporate name and shall have perpetual succession and
a corporate seal, and that seal may from time to time be broken, changed, altered and made anew as
to the corporation seems fit:
Provided that until such time as a common seal for the corporation can be provided the officer for
the time being discharging the duties of the office of Cabinet Secretary to the National Treasury of
Kenya may use such seal or stamp as may be approved by the Cabinet Secretary. [L.N. 124/1964, Sch, Act No. 18 of 2012, 1st Sch.]
3.

tional Treasury of
Kenya may use such seal or stamp as may be approved by the Cabinet Secretary. [L.N. 124/1964, Sch, Act No. 18 of 2012, 1st Sch.]
3.

Powers
The corporation may acquire, purchase, take, hold and enjoy movable and immovable property of every
description, and may convey, assign, surrender and yield up, mortgage, charge, demise, reassign, transfer
or otherwise dispose of, or deal with, any movable and immovable property vested in the corporation upon
such terms as to the corporation seems fit; and in respect of or in connexion with the matters aforesaid or
any of them, the corporation may do all such things and acts as bodies corporate may lawfully do. 4. Execution of documents
(1) All deeds, documents or other instruments requiring the seal of the corporation shall be sealed
with the seal of the corporation in the presence of the officer for the time being discharging the
duties of the office of Cabinet Secretary to the National Treasury of Kenya, who shall sign every
such deed, document or other instrument to which the corporate seal is affixed, and that signing
1

he National Treasury of Kenya, who shall sign every
such deed, document or other instrument to which the corporate seal is affixed, and that signing
1

Cabinet Secretary to the Treasury (Incorporation) Act (Cap. 101) Kenya
shall be sufficient evidence that the seal was duly and properly affixed and that it is the lawful seal
of the corporation. (2) Section 16 of the Registration of Documents Act (Cap. 285) shall not apply to the officer from time
to time discharging the duties of the office of Cabinet Secretary to the National Treasury of Kenya
in respect of the registration of any instruments purporting to be or to have been executed under
subsection (1) of this section. [L.N. 2/1964, Sch., Act No. 18 of 2012, 1st Sch.]
5. Notification to be conclusive evidence of appointment
A notification in the Gazette of the appointment of any person to hold or act in the office of Cabinet
Secretary to the National Treasury of Kenya shall be conclusive evidence that that person was duly so
appointed. [Act No. 18 of 2012, 1st Sch.]
6. Corporation not bound
(1) No written law which does not bind the Government shall bind the corporation. (2) Land vested in the corporation shall not be deemed to be Government land except for the purposes
of any law relating to rating for the time being in force in Kenya. [L.N. 374/1964, Sch.]
7.

t be deemed to be Government land except for the purposes
of any law relating to rating for the time being in force in Kenya. [L.N. 374/1964, Sch.]
7.

Transfer of property to the corporation
Upon the commencement of this Act there shall vest in the corporation by virtue of this section and
without further assurance all movable and immovable property vested in, and the benefit and burden of
all contracts made by or on behalf of the former Chief Secretary of the Colony and Protectorate of Kenya
in the name of "Chief Secretary, Colony and Protectorate of Kenya", a body corporate by virtue of the Chief
Secretary (Incorporation) Ordinance, 1958 (now repealed). [Act No. 15 of 1958, Act No. 21 of 1966, 1st Sch.]
2