ADVOKS GLOBAL · KENYA
Privileges and Immunities Act
5. Application of Convention
Edition: 2022-12-31 · In force
5. Application of Convention
(1)Subject to sections 6(2) and 15 of this Act, the Articles set out in the Second Schedule to this Act (being Articles or parts of Articles of the Vienna Convention on Consular Relations signed in 1963) shall have the force of law in Kenya and shall for that purpose be construed in accordance with the following provisions of this section.(2)The reference in paragraph 2 of Article 17 to any immunities and privileges accorded by customary international law or by international agreements shall be construed as a reference to any immunities and privileges conferred under Part IV of this Act.(3)The references in Article 44 to matters connected with the exercise of the functions of members of a consular post shall be construed as matters connected with the exercise of consular functions by consular officers or consular employees.(4)For the purposes of Article 45 and that Article as applied by Article 58, a waiver shall be deemed to have been expressed by a State if it has been expressed by the head, or any person for the time being performing the functions of head, of the diplomatic mission of that State or, if there is no such mission, of the consular post concerned.(5)Articles 50, 51, 52, 54, 62 and 67 shall be construed as granting any immunity or privilege which they require to be granted.(6)The reference in Article 57 to the immunities and privileges provided in Chapter II shall be construed as referring to those provided in Section II of that Chapter.(7)The reference in Article 70 to the rules of international law concerning diplomatic relations shall be construed as a reference to the provisions of Part II of, and Schedule I to, this Act.(8)The reference in Article 71 to additional immunities and privileges that may be granted by the receiving State or to immunities and privileges so far as these are granted by the receiving State shall be construed as referring to such immu- nities and privileges as may be specified by the Cabinet Secretary by order.(9)In its application to the immunity granted by Article 49 of the Second Schedule the expression "permanently resident" in Article 71 of the said Schedule shall be deemed to extend to any individual other than one who is resident in Kenya solely for the purpose of performing the duties of his office for a consular post.