CAP. 14

Point in Time

Act No: CAP. 14

Act Title: RECORDS DISPOSAL

An Act of Parliament to provide for the disposal of records in the custody of the High Court or of the Registrar-General

[Act No. 12 of 1962, Legal Notice 2 of 1963, Act No. 32 of 1965, Legal Notice 16 of 1966, Act No. 31 of 2016, Act No. 19 of 2015, Legal Notice 105 of 2017, Act No. 20 of 2020.]

[ Date of commencement: 12th June, 1962. ]

[ Date of assent: 28th May, 1962. ]

Subsidiary Legislation

Arrangement of Sections

1. Short title
2. Power to make rules for the disposal of records
3. Saving
4. No suit to lie on account of destruction
5. Spent
SCHEDULE [s. 2(3)]
Subsidiary Legislation

1.	Short title This Act may be cited as the Records Disposal Act.

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. 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.	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.

Spent

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.

Laws of Kenya