Shelter-Afrique Act

LAWS OF KENYA
THE SHELTER-AFRIQUE ACT
CAP. 493D
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
Shelter-Afrique Act
Cap. 493D
Legislation as at 27 December 1985
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• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Shelter-Afrique Act (Cap. 493D)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Financial provisions ....................................................................................................................................................................................... 1
3. Provisions of the charter, etc. to have the force of law ................................................................................................................... 1
SCHEDULE [s 3.] ................................................................................................................................................................................................... 1

.................................................................................................................................................... 1

Shelter-Afrique Act (Cap. 493D) Kenya
SHELTER-AFRIQUE ACT
CAP. 493D
Published in Kenya Gazette Vol. LXXXVII—No. 54 on 27 December 1985
Assented to on 23 December 1985
Commenced on 23 October 1983
An Act of Parliament to provide for the carrying out of the obligation of Kenya arising under the
Convention on the Constituent Charter of Shelter-Afrique and to provide for matters incidental thereto
1. Short title
This Act may be cited as the Shelter-Afrique Act
2. Financial provisions
There shall be charged on and paid out of the Consolidated Fund without further appropriation than this
Act all payments to be made from time to time by the Government to Shelter-Afrique under the terms of
the charter. 3. Provisions of the charter, etc. to have the force of law
The provisions of the charter set out in the Schedule and the statutes of Shelter-Afrique as promulgated
from time to time shall have the force of law in Kenya. SCHEDULE [s 3.]
Provisions of the Constituent Charter of Shelter-Afrique which are to have the force of law in Kenya. 1.

ve the force of law in Kenya. SCHEDULE [s 3.]
Provisions of the Constituent Charter of Shelter-Afrique which are to have the force of law in Kenya. 1.

Establishment
1.1 SHELTER-AFRIQUE is hereby established as a Corporation in accordance with the terms of its
statutes contained in Document ADD/SA/PS/82/06 with the liability of its members limited in the
manner therein set out. 1.2 Its organisational structure, operations and activities shall be exclusively defined and governed by
the statutes which are hereby sanctioned. 1.3 The said statutes and any amendments which may be validly made thereto in accordance with the
relevant provisions thereof shall be valid and operative between the shareholders. 2. Legal capacity
2.1 SHELTER-AFRIQUE shall have full juridical personality and full legal capacity to, in particular—
(a) acquire and dispose of immovable and movable property;
(b) enter into contracts; and
(c) to sue and be sued in its own name. 2.2 The legal status of SHELTER-AFRIQUE shall be fully recognized by Kenya which shall to this end,
take all necessary legislative and administrative actions and facilitate by all means the enjoyment
by SHELTER-AFRIQUE of the said status. 1

this end,
take all necessary legislative and administrative actions and facilitate by all means the enjoyment
by SHELTER-AFRIQUE of the said status. 1

Shelter-Afrique Act (Cap. 493D) Kenya
3. Immunity against all forms of seizure
Kenya covenants that SHELTER-AFRIQUE, its property and assets wherever located and by whomsoever
held shall be immune from expropriation, nationalization and all forms of seizure (confiscation,
attachment or execution) without the payment of just and prompt compensation or before the delivery of
a final judgment against SHELTER-AFRIQUE, as the case may be. 4. Officials and Personnel
Directors, managers, full time employees, consultants and experts of SHELTER-AFRIQUE and their
spouses and children, not being citizens of Kenya, will be accorded exemptions, concessions and privileges
in respect of taxation, import duties, and otherwise no less favourable than those accorded to such
persons (and their spouses and children) of international financial institutions located in Kenya. 5.

e no less favourable than those accorded to such
persons (and their spouses and children) of international financial institutions located in Kenya. 5.

There will promptly be issued all visas, permits and other authorizations required to enable employees and
agents of SHELTER-AFRIQUE and their families to enter, remain and reside in and leave Kenya at any time
and from time to time as may be required in order to carry out SHELTER-AFRIQUE’s purposes, subject
always to such employees and agents observing and complying with the laws of Kenya. 6. Exoneration of taxes and other charges
Kenya will ensure that all loans, shares and other investments, and interests, dividends, profits, gains,
proceeds of realizations, income, fees and moneys of any kind whatsoever (including participation in and
capitalization of profits or reserves) owned by or accruing to or payable to SHELTER-AFRIQUE in Kenya or
remitted to SHELTER-AFRIQUE from outside Kenya will be exempt from all taxes, levies or other imposts
of any kind whatsoever now or at any time hereafter imposed in Kenya. 7. In any transaction to which SHELTER-AFRIQUE is a party, SHELTER-AFRIQUE shall be exempt from all
stamp duty and other documentary taxes. 8.

Kenya. 7. In any transaction to which SHELTER-AFRIQUE is a party, SHELTER-AFRIQUE shall be exempt from all
stamp duty and other documentary taxes. 8.

Privileges of communications
Official communications of SHELTER-AFRIQUE will be accorded the same treatment accorded to the
official communications of international financial institutions located in Kenya. 9. Foreign Investment/Exchange Control
The Ministry, Central Bank or other offices for the time being responsible for foreign investment, foreign
exchange control matters, foreign trade and land acquisition in Kenya will deal promptly with any request
for any approval for foreign investment and/or foreign exchange control purposes that may be required for
a proposed equity or loan investment by SHELTER-AFRIQUE in any enterprise in Kenya. 10.

/or foreign exchange control purposes that may be required for
a proposed equity or loan investment by SHELTER-AFRIQUE in any enterprise in Kenya. 10.

(a) For all purposes, SHELTER-AFRIQUE shall be considered as non-resident enterprise in Kenya and to
this end, and without any limitations, it shall have the right to—
(1) remit out of Kenya any moneys paid by SHELTER-AFRIQUE to its internationally recruited
staff and their spouses and children (not being citizens of Kenya);
(2) purchase at the best exchange rate available of any foreign currency that may be required in
connection with any such remittances; and
(3) open and operate foreign banking accounts in any other country as SHELTER-AFRIQUE may
think fit for the purpose of receiving or depositing any moneys and for paying the expenses
of SHELTER-AFRIQUE incurred and/or payable outside Kenya. (b) Where Kenya for the time being operates a system of priorities in the allocation of foreign
exchange, it shall accord priority to the remittances above referred to. 2