REPUBLIC OF KENYA KITUI COUNTY GAZETTE SUPPLEMENT BILL, CONTENT Bill for Introduction into the Kitui County Assembly-

Transcription

1 SPECIAL ISSUE Kitui County Gazette Supplement No REPUBLIC OF KENYA KITUI COUNTY GAZETTE SUPPLEMENT BILL, 2014 CONTENT Bill for Introduction into the Kitui County Assembly- The Kitui County Flag, Coat of Arms, Public Seal, Governors portrait Bill, 2014 THE KITUI COUNTY FLAG, COAT OF ARMS, PUBLIC SEAL, GOVERNOR S PORTRAIT BILL, 2014 ARRANGEMENT OF SECTIONS SECTION 1. Short title.

2 2. Interpretation 3. Object and purpose of the Act 4. County Coat of Arms, County Flag, County Public Seal, and County Governor s Portrait. 5. Prohibition of improper use of symbols, names and likenesses. 6. Prohibition of registration of certain companies. Etc 7. Prohibition of display of certain flags. 8. Sanction for prosecution. 9. Power of seizure. 10. Power to amend First Schedule. 11. Regulations. SCHEDULES.

3 THE KITUI COUNTY FLAG, COAT OF ARMS, PUBLIC SEAL, GOVERNORS POTRAIT BILL, 2014 A Bill for, AN ACT of the Kitui County Assembly to give effect to Article 6(1) and (2) of the Constitution of Kenya 2010, Section 4(1) of the County Government Act for legislation on county symbols, to prohibit their improper use and for connected purposes ENACTED by the Kitui County Assembly of as follows- PART I - PRELIMINARY 1. Short title 2. Interpretation This Act may be cited as Kitui County flag, coat of arms, public seal, Governor s portrait Act, 2013 and shall come into operation on the day the County Executive Member for the time being in charge of cultural matters in consultation with the Governor agree. In this Act, unless the context otherwise requires- Coat of arms means a distinctive design used to symbolize the uniqueness of the County of Kitui. County Executive Member Means a person appointed by the Governor with approval of the county Assembly from among persons who are not members of County Assembly according to Constitution of Kenya Article 179 (2b) County government means a county government provided for under Article 176 of the constitution.

4 County Secretary includes County Minister, who for the time being is a member of the County Executive appointed in accordance with Article 179 of the constitution. County symbol means the county symbol as described under The county Government Act 2012 Part I, Sec. 4 Sub. Sec 1. County Flag means a piece of cloth or similar material, square or rectangular in shape that is a cultural definition and representation of the identity and unity County of Kitui Governors portrait means a portrait or clear image representation of a county governor elected in accordance with Article 180 of the constitution. Kitui County means Kitui county as listed in the first schedule of the constitution. Portrait Includes a painting, photograph, image, representation, sculpture, or other artistic representation of the Governor. Seal means an impression authenticating Government documents and communication. "Emblem" means any symbol. Seal, flag. Pennant, insignia. ensign or coat-of-arms of a kind specified in Part I of the First Schedule to this Act;

5 3. object and purpose for the Act 4. County Coat Of Arms, County Flag, County Public Seal, County Governor s Portrait declared. 5. Prohibition of improper use of County Symbols, The object and purpose of this Act is to provide for the County emblems, being the flag, coat of arms, public seal, Governor s portrait, declaration being a symbol of cultural heritage, unity and identity of the Kitui County. (1)The County Coat of Arms of which the description is set out in Part I of Schedule I to this Act is hereby declared to be the County Coat of Arms of Kitui (in this Act referred to as the County Coat of Arms). (2)The County Flag of which the design and description are set out in Part I of Schedule I to this Act is hereby declared to be the County Flag of Kitui (in this Act referred to as the County Flag). (3)The County Public Seal of which the design is set out in Part I of Schedule I to this Act is hereby declared to be the County Public Seal of Kitui. (in this Act referred to as the County Public Seal). (4)County Governor s Portrait of which the design and description are set out in Part I of Schedule I to this Act is hereby declared to be the Kitui County Governor s Portrait (in this Act referred to as the County Governor s Portrait). (1) Notwithstanding anything contained in any law for the time being in force, no person shall, except with the written permission of the County Executive Member in

6 names and likenesses. charge of Administration and Coordination of County Affairs -; (a) use any specified symbols, specified name or specified likeness, or any colorable imitation thereof, in furtherance of, or display the same as an advertisement for any trade, business.,calling, or profession; or (b) use any specified symbol, specified name or specified likeness, or any colorable 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 symbol. 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) 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 County Executive Member in charge of Administration and Coordination of County Affairs may deem fit.

7 6. Prohibition of registration of certain companies (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. (1)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 symbol, name, word or likeness; or 7. Prohibition of display of certain flags. (c) grant a patent in respect of an invention which bears a title containing any symbol, name or word, if the use of such name, emblem, word or likeness would be in contravention of section 4 of this Act, and any purported registration or grant made contrary to this section shall be absolutely void and ineffective for all purposes. (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 Hag or banner (other than a specified symbol) which is reputed to belong, or is held out by any authority as belonging, to the territory of Kitui County or of any particular part

8 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. 8. Sanction for prosecution. (3) This section shall bind the County Government of Kitui. No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction in writing of the County Legal Officer. 9. Power of seizure. (1) If a police officer has reasonable cause to believe that something which has been used, displayed, manufactured or imported contrary to this Act is to be found on any premises, he/she may require the person in charge or appearing to be in charge of the premises to allow him/her to enter the premises and to afford him/her 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/she has reasonable cause to believe that an offence under this Act has been committed by any person, he/she may seize that thing, and where he/she does so shall bring it before a magistrate, who shall order it to be forfeited if he/she is

9 10.Power amend Schedule 11. Regulations to First a) Regulations prescribing the occasions upon which, the persons by whom and the manner in which the County Flag 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. (3) Any authorised County Officer, upon reasonable belief that a crime under this Act is being committed or has been committed shall, with a warrant, request to search the said premises to forestall the commission of the crime. The County Executive Member for the time being in charge of Administration and Security through consultations with the Governor may, by notice in the Gazette, amend the First Schedule to this Act. (1) The County Flag may be flown on public holidays and on such other days as the Minister may by notice published in the Gazette declare for that purpose. (2). (1) The County Flag shall be flown only between the hours of sunrise and sunset: Provided that the Minister may give permission for the County Flag to be flown otherwise than during the said hours. (2) When flown at night the County Flag shall be properly illuminated. 4. (1) The County Flag shall be flown with due respect and in accordance with any instructions issued by the Minister and, subject to paragraph (3) of regulation 9, when flown with other flags, it shall be in a more prominent position than the other flags. (2) The County Flag shall be kept clean and shall be maintained in a reasonable state of repair when flown. (3) When the County Flag becomes worn, faded or otherwise unfit for use it shall be disposed of privately

10 by burning. Display of County Flag 5. Subject to these Regulations, the County Flag may be freely displayed in public except where (a) such display is in a manner which is likely to provoke a breach of the peace; or (b) on a vehicle (i) it is of such dimension or so placed as to impede the navigation of the vehicle; or Flying of the County Flag on a county Government building, other buildings schools and motor vehicles Display of the flag when painted 6. (1) The County Flag may be flown (a) on any County Government building or office; The county flag should be displayed near the main administration building/ headquarters and public institutions all days the weather permits and especially on national holidays. (b) on any building or office owned or occupied by a board, corporation or other body for which a Minister is assigned responsibility; (c) on a motor-car in or by which Kitui County Governor, Kitui County Deputy Governor, Kitui County Executive Members, Kitui County Secretary, Kitui County Assembly Speaker and Kitui County assembly Deputy Speaker uses; and (d) at any school; displayed during school days on or near every school building and in / near every polling place on election day. (e) Will be displayed in all towns and markets, public buildings and private buildings within the county. (f) Whenever the County flag is painted on the side of the vehicle, the hoist should be towards the front of the vehicle with the fly flowing aft. (2) In subparagraph (d) of paragraph (1), school has

11 the meaning assigned to that expression by subsection (1) of section 2 of the Education Act. 7. A representation of the County Flag may be borne on County Government-owned aircraft and motor vehicles. When displayed with National flag, other foreign flags and during mourning 8. (1) The County flag is a symbol of authority and will be raised two meters below the national flag in all official purposes; When county flag is displayed with national flag, the county flag staff should be shorter than the national flag staff by two meters. (2) When both the county flag and national flag are hoisted in the same staff, it should be hoisted to the peak of the staff unless it is at half-mast. (3) When county flag is flown at half mast, it should be hoisted to the peak for an instant and then slowly lowered to the half-mast position. It should then be lowered to the peak before it is lowered for the day. By half-mast it means lowering the county flag or national flag to half the distance between the top and the bottom of the flag staff. Flags are to be flown at half mast on government buildings when instructions are so issued by the office of the governor or the president when the county flag is to be displayed otherwise than by being flown from staff. It should be displayed flat with the haist on the left of the audience, whether indoors or out or so suspended that it folds fall as free as though it were hoisted upon a flagstaff. (2)No flag of any foreign nation shall be flown in Kitui unless the National Flag and County Flag is also flown. (3) Paragraph (1) shall not apply to flags of any foreign nation flown at any embassy, consulate, mission or military establishment of that foreign nation. (4) Where flags of a foreign nation are flown along with

12 the National Flag and County Flag, they shall be approximately the same size, and flown from separate staff at the same height, as the National Flag. 9. The County Flag shall be flown at half-mast as a sign of official mourning when and as advised by the Cabinet Office. 10. (I) any person who flies or displays the County Flag on any premises, not being County Government premises, on any occasion other than a public holiday or such other occasion as may be notified by the Governor shall be guilty of an offence. When used in a hall or auditorium Flying of the County flag by the Governor and the Deputy Governor when (II) In this regulation, County Government premises" means any premises used wholly or partly for County Government purposes but does not include any building used primarily for residential purposes. 11. When used by the governor, or the deputy governor or speaker in a public hall or auditorium. The county flag should occupy the place of honor and be placed at the governors or deputy governors or speakers right as he/she faces the audience. 12. When used by the governor, deputy governor or speaker in public hall or auditorium together with the national flag. The county flag should occupy the left and the national flag, the right. 13. (1)The governor shall fly county flag on the center of his vehicle. When the governor is travelling in the same vehicle with someone of his own rank, the flag of the visiting head of county shall have courtesy position on the right side. (2)When outside the county he/she shall fly the national flag on the right and county on the left.

13 travelling with someone of his rank, when outside the county Flying of the County flag by the county executive member, county secretary, speaker, and deputy speaker. Hoisting of County flag (3) The county executive member, county secretary, speakers and deputy speaker shall fly the county flag on the right. 14. (1)The county flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia letter, word, figure, design, picture or drawing of any nature. (2)The county flag should not be used for advertising purposes in any manner whatsoever. Advertising signs should not be fasted to a staff or halyard from which the county flag is flown. The county flag should never be used as drapery of any sort whatsoever, never be drawn back, nor up in folds, but always allowed to fly or fall free. 15. (1)The County flag should be hoisted bristly and lowered ceremoniously. (2)During the ceremony of hoisting or lowering the County flag or when the County flag is passing on parade or in a review, all persons shall face the County flag and stand to attention. Those present in uniform should render salute. When not in uniform, men should remove headgear. Foreigners should also stand to attention. Saluting the County flag in a moving column shall be rendered at the moment the County flag passes.

14 16. (1) Subject to paragraph (3) of this regulation, any person who flies the County Flag on any motor vehicle shall he guilty of an offence. (2) In this regulation, "motor vehicle" has the same meaning as in the Traffic Act. (3) This regulation shall not apply to the Governor, the Deputy Governor, the Speaker of the County Assembly, deputy county assembly speaker, county secretary, and or a County Executive Member. 18. (1) The flag described in Part I of the First Schedule is hereby deemed to be the flag of the County and is referred to, in these Regulations, as the County Flag. (2) When the County Assembly is sitting, the County Flag shall be flown from the building where the County Assembly is sitting. (3) No person other than the Speaker of the county assembly shall use a miniature of the County Flag as a car flag. (b) regulations on display, and use of county coat of arms 19. (1) The Coat of Arms shall not be displayed without written permission from the Minister, except on Kitui county Government buildings. (2) The design or any part of the Coat of Arms shall not be used or reproduced without written permission from the Minister except for County Government purposes. 20. (1) A representation of the Coat of Arms may be borne on County Government-owned air-craft, motor vehicles and County Government-owned vessels. (2) A representation of the Coat of Arms may be worn by persons representing Kitui County in any official or sporting function in Kitui County or outside the county.

15 (c) regulations on use and custody of county public seal 21.(1)The seal shall be used by the County Government of Kitui to affix numerous documents, patents for land from the state, executive acts of the Governor in criminal cases such as remissions of fines, reprieves, commutations of punishment, extraditions and pardons, County Boards and all official documents issued from the office of the County Secretary. (2) There shall be a seal of the County Government of Kitui which shall be kept by the County Secretary and used by him officially under the direction of the Governor. 22. (1) Any person, not being a member of the County Assembly, who wears on his person a County Assembly badge, or any imitation or likeness thereof, shall be guilty of an offence. (2) In this regulation, County Assembly badge" means a badge representing the Armorial Ensigns (Coat of Arms) of Kitui County issued by or under the authority of the Speaker of the County Assembly. 23. Any person who is guilty of an offence under these Regulations shall be liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding two months, or to both such fine and such imprisonment. 24. (1) Any person making application to the Executive Committee Member for permission to use the County Flag or the Coat of Arms or a similar flag or device in

16 (c) regulation on making application for permission under section 3 of this Act, prescribing the form of any license by which such permission may be given and fixing any fee for such application and license; any connection mentioned in subsection (1) of section 4 of the subsidiary legislations in this Act shall supply the information relating to the applicant and the proposed use in accordance with the form of application set out in Part I of the Third Schedule. (2) The Executive Committee Member shall, after the making of an application, notify the applicant whether or not his application is approved and, if approved, the Executive Committee Member may upon payment by the applicant of a fee of twenty dollars grant a license to the applicant. (3) The license shall be in the form set out in Part II of the Third Schedule and shall be subject to such conditions as the Minister thinks fit. (4) The Executive Committee Member may withdraw the license if the licensee contravenes any of the conditions of the license, or if the Minister deems it expedient in the public interest so to do, and after the licensee has had an opportunity to explain any complaint against him before the Executive Committee Member. 25. Any person who contravenes any provision of these Regulations for which no specific penalty is provided is guilty of an offence and liable on summary conviction therefore to a fine of twenty thousand Kenya shillings or to a term of imprisonment of three months or to both such fine and imprisonment. (d) Regulations on display of governors portrait 26. County Governor s Portrait of which the design and description are set out in Part I of the Second Schedule to this Act shall be displayed in all county government offices and public institutions

17 27. the governors portrait will be place on the left side two centimeters lower than the presidents portrait Display when used with presidents portrait 28. The County Minister shall have powers to make any regulations to guide the enforcement of this Act (e) Generally for carrying this Act into effect. FIRST SCHEDULE PART I-SYMBOLS (EMBLEMS) 1. County Coat Of Arms 2. County Flag 3. County Public Seal 4. County Governor s Portrait 5. Any orders, Insignias, Medals, Badges and Decorations instituted by Act of County Assembly or by proclamation. PART II-NAMES AND WORDS 1. The name of the Governor. 2. The words "Kaunti Yiitu", "Rasilimali Situ" and "Maisha Maseo". PART III-OFFICES AND DIGNITIES 2. The Governor.

18 PART I COUNTY FLAG DESIGN SECOND SCHEDULE KEY

19 Black. Gold. Green. B.S.* shade reference White. Blue. 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, gold, and green and separated by narrow white strips, with a blue coloured triangle on the left side that has the coat of arms superimposed centrally within it. SECOND SCHEDULE-(Contd.) PART II ARMORIAL ENSIGNS (COAT OF ARMS)

20 BLAZON: Supporters: Two giraffes Top Crest: Has a tarmac road, Hills forest and sun rise. Bottom Crest: Agriculture, water and tourism is represented by a tractor, goat, kitchen garden, agricultural produce, a dam, elephant, solar and electricity.

21 Motto: "County Yiitu. Rasilimali Situ. Maisha Maseo." DESCRIPTION: The County coat of arms of which the requirement is described in county Government act section 4 sub sections (1b) shall be designed to reflect image of the county. The coat of arm shall contain a name design which shall bear the The county Government of Kitui, the County animal of Giraffe as supporter, the Shield divided into four asymmetrical sections bearing the following; first section with cow, hen and eggs on a green background to represent animal husbandry. The second section shall have an electricity mask to represent telephony and electrification on a grey background. Third section with a bee hive to representing production of natural honey on a grey background, the fourth section with an excavator in front and onsite industry at the background on a white background and finally the centre circle with a man and a woman holding a key on a white background. PART III Public Seal

22 DESCRIPTION The seal of the County Government of Kitui shall be A man and woman holding a key at the centre of a shield that has a crest of hills and rising sun stand on a silhouette of Mt.Kenya with two giraffe on each side as supporters, encircled by Olive oak branches and the words, The County Government of Kitui THIRD SCHEDULE PART I (Regulation 23(1)) THE FLAGS AND COAT OF ARMS (REGULATION) ACT

23 Application for Permission to use the County Flag or Coat of Arms or a Similar Flag or Device 1 To the Minister responsible for Flags and Coat of Arms NAME OF APPLICANT: ADDRESS OF APPLICANT: P.O. Box No.:...TELEPHONE No: I, the above named Applicant, do hereby apply for permission from the Minister to (1) apply to the goods/articles/things which are described in paragraph 2 below and which have been made/produced/distributed/sold by me, the design illustrated in paragraph 3 below; (2) import into Kitui County the goods/articles/things which are described in paragraph 3 below and to which there has been applied the design illustrated in paragraph 3 below; 1 Strike out from the Application those particulars which do not apply (3) use or permit to be used in the manner specified in paragraph 4 below and in connection with a business/ trade/calling/profession, the design illustrated in paragraph 3 below. 2. Detailed description of goods/articles/things to which the application relates: Illustration of the County Flag/Coat of Arms/part of the design of the County Flag/part of the design of the Coat of Arms/other flag/device, to which the application relates: 4. Manner in which it is proposed to use the design illustrated in paragraph 3 above in connection with a business/trade/calling/ profession:..., Date on which permission is required:... Signature...

24 Date... THIRD SCHEDULE PART II (Regulation 23(3)) THE FLAGS AND COAT OF ARMS (REGULATION) ACT Licence Granted Pursuant to Section 7(d) of the Act 2 LICENCE No.: LICENCE is hereby granted to... of... to apply to the following goods/articles/ things, or to import into Kitui county the following goods/articles/things to which there has been applied, or to use or permit to be used in connection with a business/trade/calling/profession, the County Flag/the Coat of Arms/a part of the design of the County Flag/a part of the design of the Coat of Arms/any other flag/device. Detailed description of goods/articles/things Detailed description of business/trade/calling/profession Subject to the conditions specified hereunder, this Licence (a) shall not be transferred or assigned; 2 Strike out from the License those particulars which do not apply FLAGS AND COAT OF ARMS (REGULATION) (b) authorises the application of the County Flag/Coat of Arms/part of the design of the County Flag/part of the design of the Coat of Arms/other flag/device only to the goods/articles/things described in it; (c) authorises the importation into Kitui county of the goods/articles/things described in it subject to compliance by the licensee with the requirements of any written law; (d) authorises the use of the County Flag/Coat of Arms/part of the design of the County Flag/part of the design of the coat of Arms/other flag/device in connection with a business/trade/calling/profession and only in the following manner: (e) expires in a year s period following the date of issue.

25 (Insert any other conditions that may be imposed) MEMORANDUM OF OBJECTS AND REASONS This Bill is prepared by the County Executive, pursuant to the resolution by the County Assembly for the submission of this Bill as a legislative proposal. The Bill seeks to give effect to Articles 6(1) and (2) of the Constitution of Kenya and to Section 4(1) of the County Government Act. The Bill also seeks to create a cultural identity and unity among the people of Kitui County through a County flag, emblem, coat of arms, public seal and the Governor s portrait. The enactment of this Bill shall occasion additional expenditure of public funds, which shall be provided for in the estimates. Dated the October 18, Executive Committee Member