Point in Time
Act No: CAP. 19
Act Title: PUBLIC ARCHIVES AND DOCUMENTATION SERVICE
[ Date of commencement:25th January, 1966. ]
[ Date of assent:24th November, 1965. ]
10.
Legal validity of public archives

When it is a requirement of the validity of any public record that it be kept in or produced from legal custody, the validity of such record shall not be affected by the fact of its transfer to the national archives.

14.
Public Archives Advisory Council
(1)

The Minister may by regulations made under this Act establish and constitute a Council to be known as the Public Archives Advisory Council, and may, subject to the provisions of this Act provide for matters incidental to and connected with the establishment and constitution of such Council, and the functions thereof.

(2)

The functions of the Public Archives Advisory Council shall be to advise the Minister on all matters relating to the location, preservation and use of public archives, access by members of the public to the public archives, and the export under licence of any public archives, public records or historical records.

15.
Regulations

The Minister may make regulations generally for the better carrying out of the purposes of this Act, and without prejudice to the generality of the foregoing may make regulations providing for—

(a)

the admission of the public to the national archives and the inspection by the public of the public archives;

(b)

the transfer of any public records to the national archives;

(c)

the responsibilities of persons having the custody of public records;

(d)

the examination, disposal or destruction of public archives and public records;

(e)

the conditions under which public archives may be reproduced, or published or extracts made therefrom;

(f)

the issuing of licences for the exportation from Kenya of public archives, public records or historical records, or the terms and conditions which may be attached to such licences; and

(g)

the fees to be paid for access to the national archives or the use of the public archives or the facilities or services provided by the Service.

16.
Amendment of Cap. 14

Section 2 of the Records Disposal Act (Cap. 14) is amended—

(a)

by inserting immediately after the words “Chief Justice” which appear in subsection (1) thereof the words “after consultation with the Chief Archivist, and subject to the provisions of the Public Archives Act, 1965”; and

(b)

by substituting for the words “Minister may” which appear in subsection (2) thereof the words “Attorney-General may, after consultation with the Chief Archivist, and subject to the provisions of the Public Archives Act, 1965 (Cap. 19),”.

17.
Revocation of Cap. 14 Sub. Leg

The Records Disposal (Courts) Rules and the Records Disposal (Registrar-General) Rules are hereby revoked.

SCHEDULE

PUBLIC RECORDS [Section 2.]
1.

The records of any Ministry or Government Department, and of any commission, office, board or other body or establishment under the Government or established by or under an Act of Parliament:

Provided that nothing referred to in this paragraph shall include the records of the Public Trustee or the Registrar-General relating to individual trusts or estates.

2.

The records of the High Court and of any other court or tribunal.

3.

The records of Parliament and of the Electoral Commission.

4.

The records of any local authority or other authority established for local government purposes.