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Kenyan legislation

British Standard Portland Cement Company Limited (Bamburi Factory) Act

Edition: 1966-07-12 · In force

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An Act of Parliament to authorize the manufacture of cement on certain land near Bamburi by the British Standard Portland Cement Company Limited and to provide for the grant of a lease of such land to the Company for that purpose, and for purposes incidental to and connected therewith

1. Short title

This Act may be cited as the British Standard Portland Cement Company Limited (Bamburi Factory) Act.

2. Interpretation

In this Act, except where the context otherwise requires—“cement” means a product consisting principally of coral, shale, lime, silica, alumina and iron-oxide, or of some of those ingredients, which has been calcined and ground to a fine powder which on hydration is capable of setting to a hard mass;“Company” means the British Standard Portland Cement Company Limited or its successors in title;“factory” includes all buildings and structures within the same curtilage used for—
(a)the housing of machinery, plant or apparatus of any description for the manufacture of cement or the generation of power for manufacture; or
(b)the storage of any raw materials, fuel or stores necessary for the manufacture of cement; or
(c)the storage of cement prior to the time at which the property in the goods passed to a person other than the Company; or
(d)the proper administration of the business of the Company in relation to the manufacture of cement and the sale thereof; or
(e)canteens, rest rooms, recreation rooms, lavatories, baths and wash rooms for workers employed by the Company in the manufacture of cement or in any process incidental to manufacture.

3. Grant of lease

(1)Subject to the provisions of this Act, the lands described in the First Schedule are vested in the Company for the purposes mentioned in section 4 for a period of ninety-nine years upon such terms and conditions as are specified in the Second Schedule to this Act and as may be determined by the Commissioner of Lands; and the Registrar of Titles shall pursuant to this section issue to the Company a certificate of title under the Registration of Titles Act, (Cap. 281) as if the lands had been vested in the Company by a grant under the Government Lands Act (Cap. 280), and shall take the same action in respect thereof as in the case of such a grant.
(2)The Registrar of Titles before issuing the certificate of title may require the Company to deposit with him for attachment to the Certificate of Title a map or plan of the lands comprised therein with the several measurements thereof marked thereon and certified by a Government or licensed surveyor and countersigned by the Director of Surveys.
(3)There shall be payable in respect of the Certificate of Title the same stamp duty as would be payable in respect thereof if it were a lease.
[Act No. 60 of 1952, s. 2.]

4. Authority to Company to manufacture cement

The Company is authorized on the lands described in the First Schedule and in accordance with the terms and conditions determined as aforesaid to manufacture cement, and for that purpose to erect and maintain a factory thereon and to install and maintain such plant and machinery therein as may be necessary for the purpose of the manufacture of cement, and to erect and maintain such other buildings as may be necessary as residences for employees of the Company employed in connexion with the manufacture of cement at the cement factory.

5. Actions against Government

No action, suit or other proceeding of any kind shall be brought by any person against the Government or against any department of the Government or against any officer thereof as such in respect of or arising out of the vesting under section 3 of the lands described in the First Schedule or in respect of or arising out of the manufacture of cement or of the carrying on or doing of any other operation or act by the Company in pursuance of this Act.
[L.N. 303/1964, Act No. 21 of 1966, First. Sch.]

6. Nuisance

The Company is exonerated from liability for nuisance in respect of any works carried on in connexion with the manufacture of cement or which are carried on by or with the consent of the Company pursuant to the business of the Company, unless the nuisance is caused or contributed to by negligence in the installation or operation or maintenance of the works of the Company or of works carried on in conjunction with the manufacture of cement.

7. Saving

Nothing in this Act shall prejudice or affect any rights of the Government or any body politic or corporate or any other person, excepting those mentioned in this Act and those claiming by, from and under them.
[Act No. 21 of 1966, First Sch.]
Source: Kenya Law · Imported 4 October 2026