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| 1. |
Short title.
This Act may be cited as the National Flag, Emblems and Names Act.
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| 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;
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| 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).
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| (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).
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| (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.
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| (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.
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| 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.
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| 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
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| (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
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| (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.
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| (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.
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| (3) |
Any permission given under subsection (1) of this section may be given subject to such conditions as the Cabinet Secretary may deem fit.
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| (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.
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| 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—
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register any company, firm or other body of persons under any name; or
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| (b) |
register a trade mark or design which bears any emblem, name, word or likeness; or
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| (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 Act, and any purported registration or grant made contrary to this section shall be absolutely void and ineffective for all purposes.
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| 4A. |
Flying of national flag on a motor vehicle.
| (1) |
A person shall not fly the national flag on any motor vehicle.
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| (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.
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| (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.
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| 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).
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| (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.
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| (3) |
This section shall bind the Government.
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| 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.]
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| 7. |
Power of seizure.
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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.
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| (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.
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| 8. |
Power to amend First Schedule.
The Cabinet Secretary may, by notice in the Gazette, amend the First Schedule to this Act.
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| 9. |
Regulations.
The Cabinet Secretary may make regulations—
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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;
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| (b) |
prohibiting, controlling or restricting the use of any specified emblem, specified likeness or specified name;
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| (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;
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| (d) |
generally for carrying this Act into effect.
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FIRST SCHEDULE [s. 2]
EMBLEMS, NAMES AND WORDS AND OFFICES AND DIGNITIES
PART I – EMBLEMS
| 1. |
The National Flag, and the Armorial Ensigns of Kenya.
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| 2. |
The Public Seal of Kenya.
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| 3. |
The Emblem or Official Seal of the United Nations Organization.
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| 4. |
Any Orders, Insignias, Medals, Badges and Decorations instituted by Act of Parliament or by Proclamation.
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| 5. |
The Emblem of the United Nations Decade for Women.
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| 6. |
The Red Cross and the Red Crescent Emblems.
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PART II – NAMES AND WORDS
| 1. |
The name of the President.
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| 2. |
The words "Harambee", "Jamhuri", "Madaraka" and "Nyayo".
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PART III – OFFICES AND DIGNITIES
SECOND SCHEDULE [s. 2A]
NATIONAL FLAG, ARMORIAL ENSIGNS AND PUBLIC SEAL
PART I – NATIONAL
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.
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.
THIRD SCHEDULE [ss. 2 and 2A]
THE NATIONAL ANTHEM
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Ee Mungu Nguvu yetuIlete baraka kwetu.Haki iwe ngao na mlinziNatukae na unduguamani na uhuruRaha tupate na ustawi.
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O God of all creationBless this our land and nation.Justice be our shield and defenderMay we dwell in unityPeace and libertyPlenty be found within our boarders.
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2
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2
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Amkeni ndugu zetuTufanye sote bidiiNasi tujitoe kwa nguvuNchi yetu ya Kenya,TunayoipendaTuwe tayari kuilinda.
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Let one and all arisewith hearts both strong and true.Service be our earnest endeavor,And our Homeland of Kenya,Heritage of splendour,Firm may we stand to defend.
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3
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3
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Natujenge taifa letuEe, ndio wajibu wetuKenya istahili heshimaTuungane mikonoPamoja kaziniKila siku tuwe na shukrani
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Let all with on accordIn common bond united,Build this our nation togetherAnd the glory of KenyaThe fruit of our labourFill every heart with thanksgiving.
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Note- The time values of some notes in each verse must be altered to fit the words.
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