Laws of Kenya Active 1963National Flag, Emblems and Names Act
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LAWS OF KENYA THE NATIONAL FLAG, EMBLEMS AND NAMES ACT CAP. 99 Revised and published by the National Council for Law Reporting with the authority of the Attorney-General as gazetted by the Government Printer www.kenyalaw.org Kenya National Flag, Emblems and Names Act Cap. 99 Legislation as at 11 December 2023 By Kenya Law and Laws.Africa. Share widely and freely. www.kenyalaw.org | [email protected] FRBR URI: /akn/ke/act/1963/44/eng@2023-12-11 There is no copyright on the legislative content of this document. This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC- SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following elements: • BY: credit must be given to the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. the creator. • NC: Only noncommercial uses of the work are permitted. • SA: Adaptations must be shared under the same terms. Share widely and freely. National Flag, Emblems and Names Act (Cap. 99) Contents 1. Short title. .......................................................................................................................................................................................................... 1 2. Interpretation. ................................................................................................................................................................................................... 1 2A. National Flag Armorial Ensigns, Public Seal and National Anthem declared. ....................................................................... 1 2B. Insulting National Anthem, etc., an offence. ..................................................................................................................................... 2 3. Prohibition of improper use of emblems, names and likenesses. ................................................................................................ 2 4. Prohibition of registration of certain companies, etc. ....................................................................................................................... 2 4A. certain companies, etc. ....................................................................................................................... 2 4A. Flying of national flag on a motor vehicle. ....................................................................................................................................... 3 5. Prohibition of display of certain flags. ................................................................................................................................................... 3 6. Sanction for prosecution. ............................................................................................................................................................................. 3 7. Power of seizure. ............................................................................................................................................................................................. 3 8. Power to amend First Schedule. ............................................................................................................................................................... 3 9. Regulations. .................................................................................................................................... 3 9. Regulations. ....................................................................................................................................................................................................... 4 FIRST SCHEDULE [s. 2] ...................................................................................................................................................................................... 4 SECOND SCHEDULE [s. 2A] .............................................................................................................................................................................. 5 THIRD SCHEDULE [ss. 2 and 2A] ................................................................................................................................................................... 7 .................................................................................................................................................... 7 National Flag, Emblems and Names Act (Cap. 99) Kenya NATIONAL FLAG, EMBLEMS AND NAMES ACT CAP. 99 Assented to on 9 December 1963 Commenced on 10 December 1963 [Amended by National Flag, Emblems and Names (Amendment) Act, 1964 (Act No. 32 of 1964) on 12 December 1963] [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963] [Amended by National Flag, Emblems and Names (Amendment) Act, 1968 (Act No. 15 of 1968) on 19 April 1968] [Amended by National Flag, Emblems and Names Act - Amendment of First Schedule, 1979 (Legal Notice 32 of 1979) on 23 March 1979] [Amended by National Flag, Emblems and Names Act - Amendment of First Schedule, 1985 (Legal Notice 74 of 1985) on 12 April 1985] [Amended by National Flag, Emblems and Names Act - Amendment of First Schedule, 1991 (Legal Notice 487 of 1991) on 4 October 1991] [Amended by National Flag, Emblems and Names (Amendment) Act, 2014 (Act No. 10 of 2014) on 16 July 2014] [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022] [Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No. Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022] [Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No. 19 of 2023) on 11 December 2023] An Act of Parliament to prevent the improper use of the National Flag and of certain emblems, names, words and likenesses for professional and commercial purposes, and to prohibit the display of certain flags 1. Short title. This Act may be cited as the National Flag, Emblems and Names Act. 2. Interpretation. In this Act— "motor vehicle" has the meaning assigned to it in the Traffic Act (Cap. 403); "the National Anthem" means the national anthem, the words and music of which are set out in the Third Schedule to this Act; "specified emblem" means any emblem, seal, flag, pennant, insignia, ensign or coat-of-arms of a kind specified in Part I of the First Schedule to this Act; "specified likeness" means any photograph, drawing or other pictorial representation of the person for the time being holding any of the offices or dignities specified in Part III of the First Schedule to this Act; "specified name" means any of the names and words specified in Part II of the First Schedule to this Act, and includes any abbreviation of any such name. [Act No. 32 of 1964, s. 2, Act No. 15 of 1968, s. 2, Act No. 10 of 2014, s. 2.] 2A. edule to this Act, and includes any abbreviation of any such name. [Act No. 32 of 1964, s. 2, Act No. 15 of 1968, s. 2, Act No. 10 of 2014, s. 2.] 2A. National Flag Armorial Ensigns, Public Seal and National Anthem declared. (1) The flag of which the design and description are set out in Part I of the Second Schedule to this Act is hereby declared to be the National Flag of Kenya (in this Act referred to as the National Flag). (2) The heraldic device of which the blazon and description are set out in Part II of the Second Schedule to this Act is hereby declared to be the Armorial Ensigns of Kenya (in this Act referred to as the Armorial Ensigns). 1 Part II of the Second Schedule to this Act is hereby declared to be the Armorial Ensigns of Kenya (in this Act referred to as the Armorial Ensigns). 1 National Flag, Emblems and Names Act (Cap. 99) Kenya (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 of this Act is hereby declared to be the National Anthem of Kenya. [Act No. 32 of 1964, s. 2, Act No. 15 of 1968, s. 3.] 2B. Insulting National Anthem, etc., an offence. Any person who shows disrespect, in speech, manner or writing, to or with reference to the National Anthem, or to any specified emblem, specified likeness or specified name, or any representation thereof, shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. [Act No. 32 of 1964, s. 2, Act No. 15 of 1968, s. 4.] 3. Prohibition of improper use of emblems, names and likenesses. uch fine and such imprisonment. [Act No. 32 of 1964, s. 2, Act No. 15 of 1968, s. 4.] 3. Prohibition of improper use of emblems, names and likenesses. (1) Notwithstanding anything contained in any law for the time being in force, no person shall, except with the written permission of the Cabinet Secretary— (a) use any specified emblem, specified name or specified 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 specified emblem, specified name or specified 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 specified emblem, specified name or specified 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) The provisions of subsection (1)(a) of this section relating to the use of a specified likeness shall not apply to the publication of a bona fide 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 fide news item other than a news item in the furtherance of, or as advertisement for, any trade, business, calling or profession. nected with any bona fide 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 Cabinet Secretary may deem fit. (4) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding five thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. [Act No. 32 of 1964, s. 2.] 4. Prohibition of registration of certain companies, etc. Notwithstanding anything contained in any law for the time being in force, no authority empowered or required by law to register any company, firm or other body of persons, or any trade mark or design, or to grant a patent, shall— (a) register any company, firm or other body of persons under any name; or (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 5 of this 2 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 5 of this 2 National Flag, Emblems and Names Act (Cap. 99) Kenya Act, and any purported registration or grant made contrary to this section shall be absolutely void and ineffective for all purposes. [Act No. 32 of 1964, s. 2.] 4A. Flying of national flag on a motor vehicle. (1) A person shall not fly the national flag on any motor vehicle. (2) Notwithstanding subsection (1), the President, the Deputy-President, the Chief Justice, Cabinet Secretaries, the Speaker of the National Assembly, the Speaker of the Senate, and Diplomats while in foreign missions, may fly the national flag on a motor vehicle. (3) A person who contravenes subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding five years, or both. [Act No. 10 of 2014, s. 3.] 5. Prohibition of display of certain flags. ion shillings or to imprisonment for a term not exceeding five years, or both. [Act No. 10 of 2014, s. 3.] 5. Prohibition of display of certain flags. (1) No person shall display at any place or on any premises any flag or banner or permit any flag or banner to be so displayed, being in either case a flag or banner (other than a specified 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 fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment. (3) This section shall bind the Government. 6. Sanction for prosecution. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction in writing of the Director of Public Prosecutions. [Act No. 19 of 2023, Sch.] 7. Power of seizure. all be instituted except with the previous sanction in writing of the Director of Public Prosecutions. [Act No. 19 of 2023, Sch.] 7. Power of seizure. (1) If a police officer has reasonable cause to believe that 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 officer may without warrant enter the premises (using force if necessary) and search therein. (2) If a police officer finds on any premises anything 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 satisfied 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. 8. Power to amend First Schedule. The Cabinet Secretary may, by notice in the Gazette, amend the First Schedule to this Act. [Act No. 32 of 1964, s. 2.] 3 ower to amend First Schedule. The Cabinet Secretary may, by notice in the Gazette, amend the First Schedule to this Act. [Act No. 32 of 1964, s. 2.] 3 National Flag, Emblems and Names Act (Cap. 99) Kenya 9. Regulations. The Cabinet Secretary may make regulations— (a) prescribing the occasions upon which, the persons by whom and the manner in which the National Flag or the Armorial Ensigns may be flown or displayed, as the case may be; (b) prohibiting, controlling or restricting the use of any specified emblem, specified likeness or specified name; (c) regulating the manner in which application may be made to him for his permission under section 5 of this Act, prescribing the form of any licence by which such permission may be given and fixing any fee for such application and licence; (d) generally for carrying this Act into effect. [Act No. 32 of 1964, s. 2.] FIRST SCHEDULE [s. 2] EMBLEMS, NAMES AND WORDS AND OFFICES AND DIGNITIES [L.N. 32/1979, L.N. 74/1985, L.N. 487/1991.] Part I – EMBLEMS 1. The National Flag, and the Armorial Ensigns of Kenya. 2. The Public Seal of Kenya. 3. The Emblem or Official 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 for Women. [L.N. 74/1985.] 6. s, Badges and Decorations instituted by Act of Parliament or by Proclamation. 5. The Emblem of the United Nations Decade for Women. [L.N. 74/1985.] 6. The Red Cross and the Red Crescent Emblems. [L.N. 487/1991.] Part II – NAMES AND WORDS 1. The name of the President. 2. The words "Harambee", "Jamhuri", "Madaraka" and "Nyayo". [L.N. 32/1979.] Part III – OFFICES AND DIGNITIES 1. The President. 4 National Flag, Emblems and Names Act (Cap. 99) Kenya SECOND SCHEDULE [s. 2A] NATIONAL FLAG, ARMORIAL ENSIGNS AND PUBLIC SEAL Part I – NATIONAL FLAG Note.—All dimensions given do not necessarily represent any particular measurements and are merely proportional. *British Standard Specification 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. Part II – ARMORIAL ENSIGNS BLAZON: Arms.—Per fess sable and vert, on a fess gules fimbriated argent a cock grasping in the dexter claw an axe also argent. 5 I – ARMORIAL ENSIGNS BLAZON: Arms.—Per fess sable and vert, on a fess gules fimbriated argent a cock grasping in the dexter claw an axe also argent. 5 National Flag, Emblems and Names Act (Cap. 99) Kenya 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 silhouett of Mount Kenya containing in 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 6 duce—coffee, pyrethrum, sisal, tea, maize and pineapples; the scroll containing the motto—Harambee—supports the coat of arms. Part III – PUBLIC SEAL 6 National Flag, Emblems and Names Act (Cap. 99) Kenya THIRD SCHEDULE [ss. 2 and 2A] THE NATIONAL ANTHEM 1 1 Ee Mungu Nguvu yetu Ilete baraka kwetu. Haki iwe ngao na mlinzi Natukae na undugu amani na uhuru Raha tupate na ustawi. O God of all creation Bless this our land and nation. Justice be our shield and defender May we dwell in unity Peace and liberty Plenty be found within our boarders. 2 2 Amkeni ndugu zetu Tufanye sote bidii Nasi tujitoe kwa nguvu Nchi yetu ya Kenya, Tunayoipenda Tuwe tayari kuilinda. Let one and all arise with hearts both strong and true. Service be our earnest endeavor, And our Homeland of Kenya, Heritage of splendour, Firm may we stand to defend. 3 3 7 National Flag, Emblems and Names Act (Cap. 99) Kenya Natujenge taifa letu Ee, ndio wajibu wetu Kenya istahili heshima Tuungane mikono Pamoja kazini Kila siku tuwe na shukrani Let all with on accord In common bond united, Build this our nation together And the glory of Kenya The fruit of our labour Fill every heart with thanksgiving. Note- The time values of some notes in each verse must be altered to fit the words. 8 National Flag, Emblems and Names Act (Cap. 99) Kenya 9 sgiving. Note- The time values of some notes in each verse must be altered to fit the words. 8 National Flag, Emblems and Names Act (Cap. 99) Kenya 9 National Flag, Emblems and Names Act (Cap. 99) Kenya 10
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