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| 1. |
Short title
This Act may be cited as the Promissory Oaths Act.
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| 2. |
Persons required to take oaths
Subject to this Act, every person who is appointed to, or to act in, or assumes the functions of, any of the offices designated in the first column of the First Schedule 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, or on the assumption of the functions of, any office designated in the first column of the First Schedule taken the oaths specified in relation to that office in the third column of the Schedule, vacates that office and is subsequently again appointed to, or to act in, or subsequently again assumes the functions of, the same, he shall not, unless the President otherwise directs, be required to take the same oaths again on his second or subsequent appointment to, or to act in, or assumption of the functions of, the same office.
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| 3. |
Forms of oaths
The oaths specified in the third column of the First Schedule shall be taken in the forms respectively set forth in the Second Schedule.
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| 4. |
Right to make affirmation instead of oath
Where any of the persons required by section 2 of this Act 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”, and in the Swahili form of the oaths corresponding variations shall be made.
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| 5. |
Effect of not taking oath
Nothing in this Act 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 Act 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.
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| 6. |
Amendment of Cap. 4
The Justices of the Peace Act is amended—
| (a) |
by inserting 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 the Promissory Oaths Act, 1958 (No. 30 of 1958);
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| (b) |
by deleting the forms of oaths contained in the Schedule thereto.
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| 7. |
Repeal of Cap. 62
The Promissory Oaths Act is hereby repealed.
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FIRST SCHEDULE [Section 2, Act No. 15 of 1961, Act No. 36 of 1962, L.N. 320/1963, L.N. 124/1964,L.N. 235/1964, L.N. 22/1965, L.N. 272/1965, L.N. 197/1966, Act No. 21 of 1966, First Schedule, Act No. 14 of 1977, Sch., Act No. 10 of 1983, Sch., Act No. 11 of 1983, Sch., Act No. 4 of 1986, s. 5.]
SECOND SCHEDULE [Section 3, L.N. 320/1963, L.N. 124/1964, L.N. 272/1965.]
FORMS OF OATH
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