Point in Time
Act No: CAP. 99
Act Title: NATIONAL FLAG, EMBLEMS AND NAMES
[ Date of commencement: 10th December, 1963. ]
[ Date of assent: 9th December, 1963. ]
1.
Short title

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

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).

(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.

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.

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 Minister—

(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.

(3)

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

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 Act, and any purported registration or grant made contrary to this section shall be absolutely void and ineffective for all purposes.

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 Attorney-General.

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 Minister may, by notice in the Gazette, amend the First Schedule to this Act.

9.
Regulations

The Minister 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.

FIRST SCHEDULE
[Section 2, L.N. 32/1979, L.N. 74/1985, L.N. 487/1991.]
SECOND SCHEDULE
[Section 2A.]

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.

SECOND SCHEDULE-continued

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

THIRD SCHEDULE
[Sections 2 and 2A.]
THE NATIONAL ANTHEM