NOTE.
4
Section 13 of the Kenya Interpretation and General
Clauses Ordinance, Cap. 1 of the 1926 Revised Edition, is
apparently the provision referred to by Sir Geoffry Northcote.
It reads as follows:-
"13. When by any Ordinance the Governor is empowered to
exercise any powers or perform any duties, he may, unless by
law expressly prohibited from so doing, depute any person by
name or the person for the time being holding the office
designated by him to exercise such powers or perform such duties
on his behalf, subject to such conditions, exceptions and
qualifications as the Governor may prescribe, and thereupon
or from the date specified by the Governor the person so
deputed shall have and exercise such powers and perform such
duties subject as aforesaid; Provided that nothing herein
contained shall authorise the Governor to depute any person
to make rules under the power in that behalf conferred upon
him by any Ordinance."
An examination of the legislation of several other
Colonies etc. reveals identically worded sections in the
following cases:-
Aden.
Gold Coast.
Northern Rhodesia.
Section 27 of the Interpretation and General Clauses Ordinance, No. 2 of 1937.
Section 26 of the Interpretation Ordinance, Cap. 1 of the 1936 Revised Edition.
Section 28 of the Interpretati on Ordinance, Cap. 1 of the 1930 Revised Edition.
Section 28A has been added by Ordinance No.25 of 1938 as follows:-
"28A. When power is given to the Governor to make any rule or order or give any direction, it shall be sufficient, unless it is otherwise expressed, for such order or direction to be signified under the hand of the Chief Secretary to the Government; Provided that any proclamation or warrant shall be issued under
the