Indemnity Act

53
THE INDEMNITY ACT, 1970
No. 5 of 1970
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
matters
December, 1967, and to make provision for
incidental thereto or connected therewith
ENACTED by the Parliament of Kenya, as follows :—
1. This Act may be cited as the Indemnity Act, 1970. Short title. 2. In this Act, "the prescribed area" means the North- Interpretation. Eastern Province and the Isiolo, Marsabit, Tana River and
Lamu Districts. 3.

e. 2. In this Act, "the prescribed area" means the North- Interpretation. Eastern Province and the Isiolo, Marsabit, Tana River and
Lamu Districts. 3.

(1) No proceeding or claim to compensation or in- Restriction on
demnity shall be instituted or made in or entertained by any
ressoceepe tc7in
court, or by any authority or tribunal established by or under acts done in
prescnbed
any law, for or on account of or in respecre f any actarea after
matter area
or thing done within or in respect of the peribed
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 proceedings or claim such as is referred to in
subsection (1) ofthis section has been instituted before the
f this Act, it shall be discharged, subject in
commencement of
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.

ject in
commencement of
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.

Section 3 of this Act does not prevent— Saving for
certain
(a) the institution or prosecution of proceedings on behalf proceeding,
of the Government: or

ction 3 of this Act does not prevent— Saving for
certain
(a) the institution or prosecution of proceedings on behalf proceeding,
of the Government: or

54
No. 5
Evidence. Saving for
judgments. Indemnity 1970
(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. 5. (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 the 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 Minister's certi-
ficate shall be sufficient evidence. 6.

ished under subsection (1) of
section 5 hereof; and
(b) prescribe the purposes for which the Minister's certi-
ficate shall be sufficient evidence. 6.

Nothing in this section 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.