M-Wakili

National Flag Emblems Names - as Plain Text by MWakili

LAWS OF KENYA NatioNal Flag, EmblEms aNd NamEs act Chapter 99 Revised Edition 2013 (2012) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org CAP2.

99 National Flag, Emblems and Names [Rev.

2013 CHAPTER 99 NATIONAL FLAG, EMBLEMS AND NAMES ACT Section ARRANGEMENT OF SECTIONS 1Short title.

2Interpretation.

2ANational Flag Armorial Ensigns, Public Seal and National Anthem declared.

2BInsulting National Anthem, etc., an offence.

3Prohibition of improper use of emblems, names and Likenesses.

4Prohibition of registration of certain companies, etc.

5Prohibition of display of certain ags.

6Sanction for prosecution.

7Power of seizure.

8Power to amend First Schedule.

9Regulations.

ScheduleS.

Rev.

2013] National Flag, Emblems and Names CAP.

99 3 CHAPTER 99 NATIONAL FLAG, EMBLEMS AND NAMES 44 of 1963, ACT 32 of 1964, 15 of 1968, Commencement: 10th December, 1963 L.N.

32/1979, L.N.

74/1985, An Act of Parliament to prevent the improper use of the National Flag and L.N.

487/1991.

of certain emblems, names, words and likenesses for professional and commercial purposes, and to prohibit the display of certain ags 1.

This Act may be cited as the National Flag, Emblems and Short title.

Names Act.

2.

In this Act Interpretation.

32 of 1964, s.

2, the National Anthem means the national anthem the words and 15 of 1968, s.

2.

music of which are set out in the Third Schedule to this Act; specied emblem means any emblem, seal, ag, pennant, insignia, ensign or coat-of-arms of a kind specied in Part I of the First Schedule to this Act; specied likeness means any photograph, drawing or other pictorial representation of the person for the time being holding any of the ofces or dignities specied in Part III of the First Schedule to this Act; specied name means any of the names and words specied in Part II of the First Schedule to this Act, and includes any abbreviation of any such name.

2A.

(1) The ag of which the design and description are set out National Flag, in Part I of the Second Schedule to this Act is hereby declared to be the Armorial Ensigns, National Flag of Kenya (in this Act referred to as the National Flag).

Public Seal and National Anthem (2) The heraldic divice of which the blazon and description are declared.

set out in part II of the Second Schedule to this Act is hereby declared 32 of 1964, s.

2, to be the Armorial Ensigns of Kenya (in this Act referred to as the 15 of 1968, s.

3.

Armorial Ensigns).

(3) The seal of which the design is set out in Part III of the Second Schedule to this Act is hereby declared to be the Public Seal of Kenya.

(4) The anthem of which the words and music are set out in the Third Schedule to this Act is hereby declared to be the National Anthem of Kenya CAP4.

99 National Flag, Emblems and Names [Rev.

2013 Insulting National 2B.

Any person who shows disrespect, in speech, manner or Anthem, etc., an offence.

writing, to or with reference to the National Anthem, or to any specied 32 of 1964, s.

2, emblem, specied likeness or specied name, or any representation 15 of 1968, s.

4.

thereof, shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

Prohibition of 3.

(1) Notwithstanding anything contained in any law for the time improper use of emblems, names and being in force, no person shall, except with the written permission of likenesses.

the Minister 32 of 1964, s.

2.

(a) use any specied emblem, specied name or specied likeness, or any colourable imitation thereof, in furtherance of, or display the same as an advertisement for, any trade, business, calling or profession; or (b) use any specied emblem, specied name or specied likeness, or any colourable imitation thereof, in the title of any patent, or in any trade mark or design; or (c) manufacture or import any article or goods bearing any specied emblem, specied name or specied likeness, or any article or goods on which any title, trade mark or design is used in contravention of paragraph (b) of this subsection.

(2) Subsection (1) (a) of this section relating to the use of a specied likeness shall not apply to the publication of a bona de news item (whether in a newspaper or by any other medium) or to the publication in a newspaper of any article connected with any bona de news item other than a news item in the furtherance of, or as advertisement for, any trade, business, calling or profession.

(3) Any permission given under subsection (1) of this section may be given subject to such conditions as the Minister may deem t.

(4) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings, or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

Prohibition of 4.

Notwithstanding anything contained in any law for the time registration of certain being in force, no authority empowered or required by law to register companies, etc.

any company, rm or other body of persons, or any trade mark or design, or to grant a patent, shall (a) register any company, rm or other body of persons under any name; or Rev.

2013] National Flag, Emblems and Names CAP.

99 5 (b) register a trade mark or design which bears any emblem, name, word or likeness; or (c) grant a patent in respect of an invention which bears a title containing any emblem, name or word, if the use of such name, emblem, word or likeness would be in contravention of section 3 of this Act, and any purported registration or grant made contrary to this section shall be absolutely void and ineffective for all purposes.

5.

(1) No person shall display at any place or on any premises Prohibition of display of certain ags.

any ag or banner or permit any ag or banner to be so displayed, being in either case a ag or banner (other than a specied emblem) which is reputed to belong, or is held out by any authority as belonging, to the territory of Kenya or of any particular part thereof (other than the area of a local authority).

(2) Any person who contravenes subsection (1) of this section shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings or to imprisonment for a term not exceeding six months, or to both such ne and such imprisonment.

(3) This section shall bind the Government.

6.

No prosecution for any offence punishable under this Act Sanction for prosecution.

shall be instituted except with the previous sanction in writing of the Attorney-General.

7.

(1) If a police ofcer has reasonable cause to believe that Power of seizure.

some thing which has been used, displayed, manufactured or imported contrary to this Act is to be found on any premises, he may require the person in charge or appearing to be in charge of the premises to allow him to enter the premises and to afford him all reasonable facilities for a search thereof, and if entry cannot within a reasonable period be so obtained the ofcer may without warrant enter the premises (using force if necessary) and search therein.

(2) If a police ofcer nds on any premises any thing in respect of which he has reasonable cause to believe that an offence under this Act has been committed by any person, he may seize that thing, and where he does so shall bring it before a magistrate, who shall order it to be forfeited if he is satised that it has been used, displayed, manufactured or imported contrary to this Act, or else shall order it to be restored to the person from whom it was seized.

CAP6.

99 National Flag, Emblems and Names [Rev.

2013 Power to amend First 8.

The Minister may, by notice in the Gazette, amend the First Schedule.

Schedule to this Act.

32 of 1964, s.

2.

Regulations.

9.

The Minister may make regulations 32 of 1964, s.

2.

(a) prescribing the occasions upon which, the persons by whom and the manner in which the National Flag or the Armorial Ensigns may be own or displayed, as the case may be; (b) prohibiting, controlling or restricting the use of any specied emblem, specied likeness or specied name; (c) regulating the manner in which application may be made to him for his permission under section 3 of this Act, prescribing the form of any licence by which such permission may be given and xing any fee for such application and licence; (d) generally for carrying this Act into effect.

L.N.

32/1979, FIRST SCHEDULE (s.

2) L.N.

74/1985, Part IemblemS L.N.

487/1991.

1.

The National Flag, and the Armorial Ensigns of Kenya.

2.

The Public Seal of Kenya.

3.

The Emblem or Ofcial Seal of the United Nations Organization.

4.

Any Orders, Insignias, Medals, Badges and Decorations instituted by Act of Parliament or by Proclamation.

5.

The Emblem of the United Nations Decade of Women.

6.

The Red Cross and the Red Crescent Emblems.

Part IINameS aNd WordS 1.

The name of the President.

2.

The words Harambee, Jamhuri, Madaraka and Nyayo.

Part III - offIceS aNd dIgNItIeS 1.

The President.

Rev.

2013] National Flag, Emblems and Names CAP.

99 7 SECOND SCHEDULE (s.

2A) Part I National Flag Note.All dimensions given do not necessarily represent any particular measurements and are merely proportional.

*British Standard Specication.

deScrIPtIoN: Three major strips of equal width coloured from top to bottom black, red and green and separated by narrow white strips, with a symmetrical shield and white spears superimposed centrally.

CAP8.

99 National Flag, Emblems and Names [Rev.

2013 SecoNd Schedule(Contd.) Part II blazoN: Armorial Ensigns Arms.Per fess sable and vert, on a fess gules mbriated argent a cock grasping in the dexter claw an axe also argent.

Supporters.On either side a lion or, grasping in the interior forepaw a spear of estate, the hafts of the spears crossed in saltire behind the shield.

The whole upon a compartment representing Mount Kenya proper.

Motto.Harambee.

deScrIPtIoN: The shield contains the colours of the National Flag, the middle red strip bearing a cockerel holding an axe; the supporters of the shield are two lions resting on a background silhouette of Mount Kenya containing the foreground examples of Kenya agricultural produce- coffee, pyrethrum, sisal, tea, maize and pineapples; the scroll containing the motto-Harambee-supports the coat of arms.

Part III Public Seal Rev.

2013] National Flag, Emblems and Names CAP.

99 9 THIRD SCHEDULE (s.

2, 2A) the NatIoNal aNthem 11 Ee Mungu nguvu yetu O God of all creation IIete baraka kwetu.

Bless this our land and nation.

Haki iwe ngao na mlinzi Justice be our shield and defender Natukae na udugu May we dwell in unity Amani na uhuru Peace and liberty Raha tupate na ustawi.

Plenty be found within our borders.

22 Amkeni ndugu zetu Let one and all arise Tufanye sote bidii With hearts both strong and true.

Nasi tujitoe kwa nguvu Service be our earnest endeavour, Nchi yetu ya Kenya, And our Homeland of Kenya, Tunayoipenda Heritage of splendour, Tuwe tayari kuilinda.

Firm may we stand to defend.

33 Natujenge taifa letu Let all with one accord Ee, ndio wajibu wetu In common bond united, Kenya istahili heshima Build this our nation together Tuungane mikono And the glory of Kenya Pamoja kazini The fruit of our labour Kila siku tuwe na shukrani.

Fill every heart with thanksgiving.

Note.The time values of some notes in each verse must be altered to t the words.

CAP10.

99 National Flag, Emblems and Names [Rev.

2013 Rev.

2013] National Flag, Emblems and Names CAP.

99 11 CAP12.

99 National Flag, Emblems and Names [Rev.

2013 [Subsidiary] SUBSIDIARY LEGISLATION Regulations under section 9L.N.

9/1965.

THE NATIONAL FLAG, EMBLEMS AND NAMES (FLYING OF THE NATIONAL FLAG AND DISPLAYING OF ARMORIAL ENSIGNS) REGULATIONS 1.

These Regulations may be cited as the National Flag, Emblems and Names (Flying of the National Flag and Displaying of Armorial Ensigns) Regulations.

2.

(1) Any person who ies or displays the National Flag on any premises, not being Government premises, on any occasion other than a public holiday or such other occasion as may be notied by the President shall be guilty of an offence.

(2) In this regulation, Government premises means any premises used wholly or partly for Government purposes but does not include any building used primarily for residential purposes.

3.

(1) Subject to paragraph (3) of this regulation, any person who ies the National Flag on any motor vehicle shall be guilty of an offence.

(2) In this regulation, motor vehicle has the same meaning as in the Trafc Act (Cap.

403).

(3) This regulation shall not apply to the President, the Vice-President, the Chief Justice, the Speaker of the National Assembly, a Minister or the Attorney-General.

4.

(1) Any person, not being a member of the National Assembly, who wears on his person a National Assembly badge, or any imitation or likeness thereof, shall be guilty of an offence.

(2) In this regulation, National Assembly badge means a badge representing the Armorial Ensigns of Kenya issued by or under the authority of the Speaker of the National Assembly.

5.

Any person who is guilty of an offence under these Regulations shall be liable to a ne not exceeding two thousand shillings or to imprisonment of a term not exceeding two months, or both such ne and imprisonment.

Rev.

2013] National Flag, Emblems and Names CAP.

99 13 [Subsidiary] GRANT OF PERMISSION L.N.

150/2012.

IN EXERCISE of the powers conferred by section 3 (1) of the National Flag, Emblems and Names Act, the Minister of State for Provincial Administration and Internal Security grants permission to the Postal Corporation of Kenya to use specied emblem, the specied likeness and adaptations of the National Flag of Kenya in the ceremonial stamp and to register the copyright over that stamp in accordance with section 22 of the Copyright Act, 2001.

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