llm'*$ THE OFFICIAL GAZETTB I OF THB COLONY AI\D PROTECTORATB OF ! KENYA Published under the Authority of rlis Excelency thc Governor of tte Colony and protectoratc of Kenya Vol. XLI-No. 12 NAIROBI, March 14, lg3g Price 50 Cents fcd.brd el e Ncrrprpcr et thc G.p.O. Publl&d cvcry ltcrdey TABLE OF CONTENTS Govt.NoticeNo. r76-Bill-for. introduction inlo^-Legisrative PAGE -.:--- council_A--'- Bill to Amend thc Miuing Ordinance, 1933 . _ __ .:. 275 ,, ,, ,, L77-Arrivals, Departures, Appointments, etc. Proclamations 293 Nos. 26-7--The Diseases of Animals Ordinance 294 Govt. Notice No. 178-The Income Tax Ordinance, !93l_Appointments 294 ,, ,, ,, 179-The Shop Hours Ordinance, 1925 295 ,, l8G-The Native Christian Marriage and Divorce Ordinance, mcnts .. l93l-Appoint- ,, t . IEI-The Liquor Ordinance-Appointments 295 . - 295 Govt. NoticesNos. r82-3-The Townships ordinance, r930-Appointments 295 Govt. NoticcNo. 184-The Game Ordinance, l937_Appointmeni .. 295 Govt. Notices Nos. I 85-9-The courts ordinance, I 93 l-Appointments 296 I Govt. Noticc No' l9G-The King's African Rifles Reserve Forces ordinance 296 Govt, Noticcs Nos. r9t-2-The Farmers Assistance ordinance, r936-stay order, etc. 297 Govt. Notice No. 193-The Transport Licensing ordinance, r937-Appointment . 297 ,, ,, 194-The Crop production ,, and Live Stock Ordinance, 1926 297 ,' 195-The Resident Native Labourers ', " ordinance, I925-Appointment 297 General Noticcs Nos. 372-425 297 SUPPLEMENT Kpxya Pnoclau,rrtons, Rules ANp Reour,erroNs, No. 12 I 274 THE OFFICIAL GAZETTE Irlarch 11, 1939 The definitions of "Native Lands Trust Board" and "Native Reserve" in section 2 of. the Principal Ordinance which it is proposed to rePlace : - 2. (1) In this Ordinance, unless inconsistent with the context- "Native Lands Trust Board" means the Native Lands Trust Board established under the Native Lands Trust No. 9 of 1930. Ordinance, 1930: "Native Reserve" has the meaning assigned to it in 1930;. No. 9 of 1930. the Native Lands Trust Ordinance, Paragraph (i) of section 7 of the Principal Ordinance which it is proPosed to rePlace : - 7. The following classes of land are (save where other' wise in this Ordinance provided) excluded from prospecting or mining:- (i) Land within a Native Reserve except with the consent in writing of the Native Lands Trust Board and on such conditions as may be stipulated. The Governor at the request of the Native Lands Trust Board, may appoint any Provincial Commissioner to be the delegate *iifrin his province of the Native Lands Trust Board for the purposes of giving the consent in writing required by this ParagraPh. t Mar0h 14,'1939 THE OFFICIAL GAZETTE 275 Colony and Protectorate of Kenya GovenNuBwr Norrce No. 176 -, I{i: Excellenc-y the Governor in Council has approved of the fo.llowing Bill being introduced into the Ligislative Council. R. W. BAKER-BEALL, Acting Clerk to the Legislative Council. A Bill to Amend the Mining Ordinance, 1933 BE IT ENACTED by the Governor of the Colony of Kenya, with the advice and consent of the Legislative corincit thereof, as follows : - l. This Ordinance may be cited as the Mining (Amend- Short title. ment) Ordinance, 1939, and shall be read as onJ with the Mining Ordinance, 1933, hereinafter referred to as the Principal Ordinance. 2. Sub-section (1) of section 2 of the principal Ordin- Amendment of section 2 (l) of alcg ,j hereby amended by deleting therefrom the definitions .,Native the Principrl of "Native Lands Trust Board,, a-nd Re.erve,, anJ Ordinance. by substituting therefor the following definitions : _ "'Native Lands Trust Board' has the same meaning as the term'Trust Board,in section 2 of the Native i";d; No. 28 of 1938. Trust Ordinance, 1938; 'Native Reserve, means land within native lands, native leasehold areas, native reserves and temporary native reserves as defined in the Native Lands^Trusi Ordinance, 1938, and land within the Northern Frontier No. 28 of 1938. District and the Turkana District, as defined in section 58G of the Crown Lands Ordinance;',. Cap. 140. 8. Section 7 of the principal Ordinance is hereby Amendment of amended section 7 of the by deleting paragraph (r) thereof and by substitutini Principal therefor the following Ordinance. paragriph : - "(l) Land within a Native Reserve except with the written consent of the provinciar commissionei concerned on such conditions as may be stipulated by the Native Lands Trust Board.', 1939 276 THE OFFICIAL GAZETTE trFareh.rl4,. Sub-section (8) of section 17 of the Principal Ordinance which it is proposed to rePlace: - (8) On the granting of an exclusive prospective licence a fee of such amount as the Governor in each case may determine, not exceeding in any case five shillings per square mile, shall be payable in addition to all other fees due. 1 I pro- Section 86 of the Principal Ordinance whiih it is posed to replace:- (0 Compcnsation 86. (1) Save as is provided in subsection of on dcath of or this section, compensation, the amount of which shall injury to any cmployccs. be assessed by the magistrate, shall be payable by lessee, holder of a location, licence or right in respect of any personal injury caused to any person employed by suth lessee, holbei of a location, licence or right ty any accident arising out of and in the course of his become tempor- employment whereby such person has I arily or permanently' partially or totally incairacitated' I or has met his death: no compensation shall bo payable Provided that , under this section in respect of an injury to a person which was due to his own serious and wilful misconduct' For the purposes of this section the expression "serious and wilful misconduct" shall include drunkenness, wil' ful contravention of any law or regulation made for the purpose of ensuring the safety of or preventing accidinti to persons, or any other act or omission i M#ch'iti,tgii THE OFFICIAL GAZETTE 277 ' 4' section principal 17 of.. the ordinance is hereby Amendment of amended by deleting sgctioniitdl.i therefrom su'b-section (g) thereof lli by substituting therefor the following zub-section : 8:.T:X'J3:' , "(8) Prior to the.issue. of any exclusive prospecting- Iicence granted after the thirtieth aay of fune, tgjg, a;i in respect of each rggewa.l of any ,*i .*.furiu. pi"J.p*t] ing licence, the holder thereof ,hull puy, in addition to all other fees due, a fee of one hundrea .friUirgr-f". square mile or part thereof of the area inclid"a in"""ri itrl . original or rcncwed licence: Provided that the Governor, in his discretion. mav reduce such fee in the.case of.any .*"lrri;;;r;;;.,r"; ll.:::-*ltedprimarily for the purpose or i,rori,..iiG ror non-precious minerals : , Provided further that in respect of each renewal of arty exclusive prosprccting licenci granted on or before the thirtieth day of June,1g3g,ou"r"uo area to which Mining in proclaimed the Areas Ordinance, 1933, has been No. 22 of 1931. applied, the holder of such licence shalr-pap1;-rJ,ntt* to all other fees due, a fee as prescri6ed i, it oia' Ordinance." " 5' section 86 principar of the ordinance is herebv Rcpeal and re- rcpealed and the following section ls suustituiJ-th;;"il;;: placemcnt of scction 86 of the Principal "86. (1) In this section_ Ordinanco. Compeasrtion in case of 'award' means the accidents. amount of compensation assesscd Intcrprctation. by a magistrate under sub_section tZl'oi;il;;;;-; magistrate under sub-section (g), or assessed on review by a magistrate under sub_section igl of tlri, ;il;;;" 'ealnings' includes . wages paid to the workman bv the employer and the valueif any foot, t .f, rii#r# supplied to the workman by the employer ii ;;;;;;il of the accident the workmin is OeprirlO oi ;"h fuel.o-r quarters; f;;: .and any overtime^ payments or other special remuneration for work done, whether ty;il;i bonus or otherwise: but shall not include ,.r,inrruli* for intermittent overtifilo, or casual payments of a non- recurrent nature,- I or any ex gatii payment whether the_employer orother f,rrron, or the value travellingFrcl.ly of a allowance, or the value of anv travetiirn concession or a conffibution paid by m" "rpfoy";;"; March' 14, l9?9 278 THE OFFICIAL GAZETTE which the magistrate' having regard to all the circum' ,tan"". of an accident causing injury, may declare to be serious and wilful misconduct. shall Amount of (2) The amount of compensation so assessed compensation' not exceed- (a) in the case of death or total or permanent^in' capacitation a sum of seven hundred and fifty pounds or a sum of money calculated by multi' ptyi"g by thirty-six the monthly wage or s1lary of *fri"f, the pLrson killed or incapacitated was in receipt at the time of the accident, whichever sum is the less; (b) in any case other than death or total or perman' ent incapacitation a sum of three hundred and fifty pounds or a sum of money calculated by m,ritiplyirrg by eighteen the monthly wage .or salary of *tti"l, the person injured was in receipt at thi time of the accident, whichever sum is the less. (3) Where such compensation is to be paid in To whom person injured' compensation respect of an injury it shall be paid to the to bc paid. (4) Where such compensation is to be paid in respect of death it shall be Paid- (a) if the deceased was a non-native, to the legal representative of the deceased; (b) if the deceased was a native, to the District Com' missioner of the district in which the accident occurred, for and on behalf of the dependants of the deceased.