AGADVOKS GLOBALKENYA · ENGLISH
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Chiefs' Act

13. Power to require work or services for conservation of natural resources

Edition: 2022-12-31 · In force

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13. Power to require work or services for conservation of natural resources

Whenever it appears to the Cabinet Secretary that it is necessary for any work or service in connexion with the conservation of natural resources to be done or rendered, the Cabinet Secretary may, by notice in the Gazette, authorize any chief to issue orders under this section to persons within the jurisdiction of such chief, and any chief so authorized may by any such order require any able-bodied adult male to perform any such work or to render any such service as aforesaid specified in such order:Provided that a notice under this section shall not be issued unless the Cabinet Secretary is satisfied—
(i)that the work to be done or the service to be rendered is of important direct interest to the community called upon to do the work or render the service;
(ii)that the work or service is of present or imminent necessity;
(iii)that it has been impossible to obtain voluntary labour for carrying out the work or rendering the service by the offer of rates of wages and conditions of employment not less favourable than those prevailing in the area concerned for similar work or service;
(iv)that the work or service will lay too heavy a burden on the community concerned, having regard to the labour available and its capacity to undertake the work; and
(v)that the members of the community concerned, or their representatives, have been consulted in regard to the need for the work or service to be done or performed.
[Act No. 43 of 1952, s. 3.]
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Source: Kenya Law