Records Disposal Act

LAWS OF KENYA
THE RECORDS DISPOSAL ACT
CAP. 14
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

Kenya
Records Disposal Act
Cap. 14
Legislation as at 31 December 2022
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• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Records Disposal Act (Cap. 14)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Power to make rules for the disposal of records ................................................................................................................................ 1
3. Saving .................................................................................................................................................................................................................. 1
4. No suit to lie on account of destruction ................................................................................................................................................ 1
5. Spent .................................................................................................................................................................................................................... 1
SCHEDULE [s.

....................................................................................................................................... 1
SCHEDULE [s.

2(3)] .............................................................................................................................................................................................. 2

.................................................................................................................................................... 2

Records Disposal Act (Cap. 14) Kenya
RECORDS DISPOSAL ACT
CAP. 14
Assented to on 28 May 1962
Commenced on 12 June 1962
[Amended by Kenya (Amendment of Laws) (Written Laws)
Order, 1963 (Legal Notice 2 of 1963) on 24 January 1963]
[Amended by Public Archives and Documentation Service Act (Cap. 19) on 25 January 1966]
[Amended by Access to Information Act (Cap. 7M) on 21 September 2016]
[Amended by Companies and Insolvency Legislation (Consequential
Amendments) Act, 2015 (Act No. 19 of 2015) on 3 July 2017]
[Amended by Statute Law (Miscellaneous Amendments) Act, 2020 (Act No. 20 of 2020) on 11 December 2020]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to provide for the disposal of records in the custody of the High Court or of the
Registrar-General
1. Short title
This Act may be cited as the Records Disposal Act. 2. Power to make rules for the disposal of records
(1) The Chief Justice after consultation with the Kenya National Archives and Documentation Service
and the Commission on Administrative Justice and subject to the provisions of the Public Archives
and Documentation Service Act (Cap.

entation Service
and the Commission on Administrative Justice and subject to the provisions of the Public Archives
and Documentation Service Act (Cap.

19), may from time to time make rules to provide for the
disposal by destruction or otherwise of such records, books and papers, belonging to or being in
the custody of the High Court, Employment and Labour Relations Court, Environment and Land
Court or of courts of civil or criminal jurisdiction subordinate thereto, as he may consider to be of
no further use or unworthy of being permanently preserved. (2) The Attorney–General may, after consultation with the Kenya National Archives and
Documentation Service and the Commission on Administrative Justice and subject to the provisions
of the Public Archives and Documentation Service Act (Cap. 19), from time to time make rules to
provide for the disposal by destruction or otherwise of such records, books and papers, belonging
to or being in the custody of the Registrar-General as he may consider to be of no further use or
unworthy of being permanently preserved. (3) For the purposes of this section, "Registrar-General" includes the officers specified in the Schedule
to this Act. [L.N. 2/1963, Act No. 32 of 1965, s. 16, Act No. 31 of 2016, Sch., Act No. 20 of 2020, Sch.]
3.

es the officers specified in the Schedule
to this Act. [L.N. 2/1963, Act No. 32 of 1965, s. 16, Act No. 31 of 2016, Sch., Act No. 20 of 2020, Sch.]
3.

Saving
Nothing herein contained shall be deemed to authorize the destruction of any document which under the
provisions of any law for the time being in force is required to be kept or maintained. 4. No suit to lie on account of destruction
No suit or other proceeding shall be instituted against any person in respect of the disposal by destruction
or otherwise of any records, books or papers in accordance with any rules made under this Act. 5. Spent
1

on in respect of the disposal by destruction
or otherwise of any records, books or papers in accordance with any rules made under this Act. 5. Spent
1

Records Disposal Act (Cap. 14) Kenya
SCHEDULE [s. 2(3)]
OFFICERS INCLUDED IN THE DEFINITION OF "REGISTRAR-GENERAL"
[Act No. 19 of 2015, s. 2.]
Officer Act under which appointed.
Official Receiver. Insolvency Act (Cap. 53) - section 701(1)(a).
Registrar of Societies. Societies Act (Cap. 108) - section 8.
Registrar of Books and Newspapers. Books and Newspapers Act (Cap. 111) - section 3.
Principal Registrar of Births and
Deaths.
Births and Deaths Registration Act (Cap. 149) -section 3.
Registrar of Marriages. Marriage Act (Cap. 150)- section 50.
Public Trustee. Public Trustee Act (Cap. 168) - section 5.
Registrar of Trade Unions. Labour Institutions Act (Cap. 234) - section 31.
Registrar of Companies. Companies Act (Cap. 486) - section 831.
Registrar of Insurance. Insurance Act (Cap. 487) - section 3
Registrar of Building Societies. Building Societies Act (Cap. 489) - section 3.
Registrar of Business Names. Registration of Business Names Act (Cap. 499) - section 3.
Registrar of Trade Marks. Trade Marks Act (Cap. 506) - section 3(1)
Registrar of Patents. Patents Registration Act (Repealed) - section 2.
Assistant Estate Duty
Commissioner.
Estate Duty Act (Cap. 483) - section 3.
2