Promissory Oaths Act

179
THE PROMISSORY OATHS ORDINANCE, 1958
No. 30 of 1958
Date of Assent: 11th August, 1958
Date of Commencement: 19th August, 1958
ARRANGEMENT OF SECTIONS
SECTION
1—Short title. 2—Persons required to take oaths. 3—Forms of oaths. 4—Right to make affirmation instead of oath. 5—Effect of not taking oath. SECTION
6—Amendment of Cap. 4. 7—Repeal. First Schedule. Second Schedule—Forms of Oaths. AN ORDINANCE TO PRESCRIBE THE OATHS OR
AFFIRMATIONS TO BE MADE BY CERTAIN
OFFICERS, AND FOR PURPOSES CONNECTED
THEREWITH AND INCIDENTAL THERETO
ENACTED by the Legislature of the Colony and
Protectorate of Kenya, as follows :—
1. This Ordinance may be cited as the Promissory Oaths Short title. Ordinance, 1958. 2.

slature of the Colony and
Protectorate of Kenya, as follows :—
1. This Ordinance may be cited as the Promissory Oaths Short title. Ordinance, 1958. 2.

Subject to the provisions of this Ordinance every
person who, after the commencement of this Ordinance, is
appointed to, or to act in, any of the offices designated in the
first column of the First Schedule to this Ordinance, shall,
before entering upon the functions of that office, take, before
the person designated in relation thereto in the second column
of that Schedule, the oaths specified in relation thereto in
the third column thereof :
Provided that where any person, having on appointment
to or to act in any office designated in the first column of
the First Schedule to this Ordinance taken the oaths specified
in relation to that office in the third column of the said
Schedule, vacates that office and is subsequently again
Persons required
to take oaths.

ied
in relation to that office in the third column of the said
Schedule, vacates that office and is subsequently again
Persons required
to take oaths.

180
No. 30 Promissory Oaths 1958
appointed to or to act in the same, he shall not, unless the
Governor otherwise directs, be required to take the same oaths
again on his second or subsequent appointment to or to act
in the same office. Forms of oaths. Right to make
affirmation
instead of oath. Effect of not
taking oath. Amendment of
Cap. 4. Repeal. Cap. 62. 3. The oaths specified in the third column of the First
Schedule to this Ordinance shall be taken in the forms respec-
tively set forth in the Second Schedule to this Ordinance. 4. Where any of the persons required by section 2 of
this Ordinance to take an oath objects to being sworn and
states, as the ground of his objection, either that he has no
religious belief or that the taking of an oath is contrary to
his religious belief, he shall be deemed to comply with the
requirement if, instead of taking the oath prescribed, he makes
solemn affirmation in the form of the oath, substituting for
the word "swear" the words "solemnly and sincerely declare
and affirm", and omitting the words "So help me God". 5.

form of the oath, substituting for
the word "swear" the words "solemnly and sincerely declare
and affirm", and omitting the words "So help me God". 5.

Nothing in this Ordinance shall render or be deemed
to render or to have rendered invalid any act done or which
hereafter may be done by any person in the execution or
intended execution of any functions or duties by reason only
of his omission to take such oaths or make such affirmations
as are required by this Ordinance to be taken or made by
him :
Provided that if such person refuses or neglects to take
any such oath or make any such affirmation when it is duly
tendered, he shall, if he has already entered on the office
in respect of which the oath or affirmation is required, vacate
it, and if he has not so entered, be disqualified from doing so. 6. The Justices of the Peace Ordinance is amended—
(a) by substituting for sub-section (2) of section 2 thereof
the following sub-section-
(2) Every justice of the peace shall, before
entering upon the functions of his office, make the
oaths or affirmations prescribed in that behalf by
No. 30 of the Promissory Oaths Ordinance, 1958.;
1958. 7. The Promissory Oaths Ordinance is hereby repealed. (b) by deleting the forms of oaths contained in the
Schedule thereto.

hs Ordinance, 1958.;
1958. 7. The Promissory Oaths Ordinance is hereby repealed. (b) by deleting the forms of oaths contained in the
Schedule thereto.

181
1958 Promissory Oaths No. 30
(Section 2)
Person required to
take oath
Member of the Council
of State. Member of the Council
of Ministers. Assistant Minister. Secretary to the Council
of Ministers. Chief Secretary. Attorney-General. Financial Secretary. Chief Native
Commissioner. Defence Secretary. Education Secretary. Commercial and Industrial
Secretary. President and Vice-Presi-
dent, Her Majesty's
Court of Appeal for
Eastern Africa. Chief Justice
Justice of Appeal. Puisne Judge. Magistrate. Registrar, Deputy Regis-
trar and District Regis-
trar of the Supreme
Court. Justice of the Peace. FIRST SCHEDULE
Person before whom
oath to be taken
PART I
The Governor in the case
of the Chairman, and
the Governor or the
Chairman in the case of
any other Member. The Governor. The Governor. The Governor. PART II
The Governor. PART III
The Governor. A Judge, Provincial Com-
missioner or such other
person as the Governor
may appoint. A Provincial Commis-
sioner or such other
person as the Governor
may appoint. Oath
Oath of Allegiance. Oath for Due Execution
of Office. Oath of Allegiance. Oath of Member of the
Council of Ministers. Oath of Allegiance. Oath for Due Execution
of Office.

ath for Due Execution
of Office. Oath of Allegiance. Oath of Member of the
Council of Ministers. Oath of Allegiance. Oath for Due Execution
of Office.

Oath of Secretary to the
Council of Ministers. Oath of Allegiance. Oath for Due Execution
of Office. Oath of Allegiance. Judicial Oath. Oath of Allegiance. Judicial Oath. Oath of Allegiance. Judicial Oath.

Allegiance. Oath for Due Execution
of Office. Oath of Allegiance. Judicial Oath. Oath of Allegiance. Judicial Oath. Oath of Allegiance. Judicial Oath.

182
No. 30 Promissory Oaths 1958
(Section 3)
SECOND SCHEDULE
FORMS OF OATHS
1. Oath of Allegiance
, do swear that I will be faithful and bear
true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors,
according to law. So help me God. 2. Oath for Due Execution of Office
, do swear that I will well and truly
serve Her Majesty Queen Elizabeth the Second in the office of
So help me God. 3.

ath for Due Execution of Office
, do swear that I will well and truly
serve Her Majesty Queen Elizabeth the Second in the office of
So help me God. 3.

Oath of Member of the Council of Ministers
, being chosen and admitted of
Her Majesty's Council of Ministers in this Colony and Protectorate of Kenya, do
swear that I will be true and faithful to the Colony and Protectorate of Kenya, and
that I will to the best of my judgment at all times when thereto required freely give
my counsel and advice to the Governor or his Deputy for the good management of
the public affairs of the Colony and Protectorate: And I do swear that, except with
the authority of the Governor, I will not directly or indirectly reveal the business or
proceedings of the Council of Ministers, or the nature or contents of any document
communicated to me as a Member of the Council or any matter coming to my know-
ledge in my capacity as a Member of the Council, and that in all things I will be
a true and faithful Councillor. So help me God. 4.

oming to my know-
ledge in my capacity as a Member of the Council, and that in all things I will be
a true and faithful Councillor. So help me God. 4.

Oath of Secretary to the Council of Ministers
, being called upon to exercise the
functions of Secretary to Her Majesty's Council of Ministers in this Colony and
Protectorate of Kenya, do swear that, except with the authority of the Governor, I
will not directly or indirectly reveal the business or proceedings of the Council of
Ministers, or the nature or contents of any document communicated to me as Secretary
to the Council of Ministers or any matter coming to my knowledge in my capacity
as Secretary to the Council of Ministers. So help me God. 5. Judicial Oath
, do swear that I will well and
truly serve Her Majesty Queen Elizabeth the Second in the office of
and that I will do right to all manner of people according
to law, without fear or favour, affection or So help me God .