KENYA GAZETTE SU PPLEMENT

Transcription

1 SPECIAL ISSUE REPUBLIC OF KENYA KENYA GAZETTE SU PPLEMENT MERU COUNTY ACTS' 2016 NAIROBI, 1st APril, 2016 CONTENT Act- PAGE *^ruo No e-uelismlrobt

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3 THE MERU COUNTY SYMBOLS AND EMBLEMS ACT' 2016 Section No.1 of20l6 Date of Assent: l5th March,20l6 Date of Commencement: See Section I 1-Short title and commencement' ARRANGEMENT OF SECTIONS PART I-PRELIMINARY 2 - InterPretation. PART II-GENERAL PROVISIONS 3-TheMeruCountyFlag,CoatofArmsandPublicsealdeclared,,4_Prohibitionofimproperuseofcertainemblemsandlikenesses. 5 - Prohibition of registration' 6-Flying of County flag on a motor vehicle' 7-Prohibition of display of certain flags' 8-Power of seizure' 9-Power to amend first schedule' 10-Regulations' FIRST SCHEDULE SECOND SCHEDULE PART III_SCHEDULES

4 No. I 2 Meru County Symbols and Emblems THE MERU COUNTY SYMBOLS AND EMBLEMS ACT,20t6 AN ACT of the-coulfv {s_sembly of Meru to provide for the use of the Meru dounty Symno-[- ana Embtems, an$ [o prevent tfre impiopdr-*.'"f"i'fr. Coul$ symbols and emblems comprising certain of emblems, words and likeness-" professional for and commercial ^i, prohibit il.fi;;-"ra the display of the Cointf n"i *a fr. connected purposes 2016 ENACTED by the County Assembly of Meru, as follows- PART I-PRELIMINARY 1. This Act may_be cited as the Meru.County Symbols and Emblems Act, 2016 and,fruf.or. lnto operation on publication in the Gazette. Short title and Commencement. 2. In this Act, unless the context otherwise requires_ "County" means the County of Meru; "Countv svmbols'. comprise of the County Flao County court of A.r,,rd a;;;ii pruli.,.i'r;"d..i;;1. in section 3 and described in-it."..ond schedure to this Act; lnterpretation. "Gazette" means the Meru County Gazette or the Kenya Gazettel "Governor,' means the Governor of Meru County; "Senator" means the Senator of Meru County; of M".S,l.uker" means the Speaker of the County Assembly "Specified em!19q" means any emblem, seal. flag, penn1nt...insignia, ensign or Coat"of eirr';il ffii specified in part one of t[e First S.fr.Orf. to iti, a.,l """.*Sp.ecified name" means any of the names and words specified in part two.of the Firsi"Scf,.arl.io'i[ir'I.l, r"o include any abbreviation ;a"ry;r;h,iu*.. PART II-GENERAL PROUVIONS 3. (l) lhe flag of which the design and description are set out in part I of the Second Scf,edule to thi.s Ail; hereby declared to be the U..u Coffi nug. The Meru County flag, coat of Arms and Public Seal Declared.

5 Meru County SYmbols and Emblems (2) The heraldic device of which the blazon and descripiion are set out in Part II of the Second Schedule to it ir ntt is hereby declared to be the Meru County Coat of Arms. (3)ThesealofwhichthedesignissetoutinPartlllis of the Second Schedule to this Act is hereby to be the Meru County Public Seal. 4. (l) Notwithstanding anything contained in any law of the time being in force, no person shall, except with the *ritt." permisslon of the -Go'ernor acting with the approval of the CountY AssemblY- (a) use any specified emblem, name or specified likeness oi uny 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 emblem, specified lal.ne. 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 emblems, specified name or sp6cifi6o likeness, or any article or goods. on which any title, trade maik or design is used in contraveniion of paragraph (b) of this subsection' (2) Subsection (1) (a) of this section relating to the use of a specified likenest ttuff not apply to the publication of u Uo"l fide news item (whether in a newspaper or by any other medium) or to the publication in a newspaper of any urti.f" connecied with any bona fide news item other than a nlws item in the furtherance of, or as advertisement of any trade, business, calling or profession' (3) Any permission given under subsection (l) of this secti;;,uy b" given tibl.tt t9 T9h conditions as the e;;;;", rnuy, *Ith the approval of the County Assembly deem fit. (4) Any person who contravenes the provisions.of this section shali be guilty of an offence and liable to a fine not e^...aing five t[ousand shillings or to imprisonment for a term not Exceeding six months, or both' No. I Prohibition of improper use of certain emblems, names and likenesses

6 No. I 4 Meru County Symbols and Emblems 5. Notwithstanding anything contained in any law for the.time being in force, no authoilty empowered oi.eqrireo by law to register any Company, fi.rn or any other boiyti p.er.s.ons, or any trade mark or design, or togrant a paient, shall- (a) register any company, firm or other body of persons under any name; (b) register a trade mark or.-design which bears any emblem, name, word or likeneis; or (c) grant a patent in respect of an invention which bears a title containing any emblem, nu.. t, word, if the use of sucfi name, emblem, wo.a oi likeness would be in contravention of S..tion + o, this Act, and any purported registration ;; g;.;; made contrary to this Section siall be "Ur"fii.if void and ineffective for all purposes. 6. (1) A person shall not fly the County Flag on any motor vehicle. (2) Notwithstanding subsection (l), the Senator, the Governor and the Speakei may fly the bounty nr! "" ifr.i. Official vehicles. 1^3) A person who contravenes subsection (l) commits an offence and shall be liable, on conviction to u fin. no, exceeding Kgnya shillings fifty thousand ;i ;. rmpnsonment tor a term not exceeding one year or to both. 7. (l) No person shall.display at any place or premises Ty lag or banner or permit uny Rug or any bannei to U.-ro displayed, being in either.ur. u flag-or banner 1ott.. tt un u specified emblem) which. is reputjd to belong, "ilr-t.lo out by any authority as belonging to the Meru i"*ty. "-^' (2). Any person who contravenes sub section (l) of this section shall be guirty of an offence and riabre to a fine not exceeding five thousand shillings or to imprironr.nt for a term not exceeding six months,?i both.,,.8. (1) If a police officer has reasonable cause to Deneve that something which has been used, displuy.j, manufactured or imported contrary to this Act is' d G found on any premises., he may..qrir. the person i;.;;.;; or appearing to be in charge oi the^premises to ailow il?; enter the premises and to afford him arr reasonabre facirities Prohibition of Registration. Flying of County flag on a motor vehicle Prohibition of display of certain flags. Powers ofseizure. 2016

7 20t6 5 Meru County Symbols and Emblems No. I for a search thereof, and if entry cannot within a reasonable period be so obtained, the officer may warrant entry into the premises and search therein. (2) lf a police officer finds on any premises anything in respect of which he has reasonable cause to believe that an offense 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 fofeited if he is satisfied that it has been used, displayed, manufactured or imported contrary this Act, or else shall order it to be restored to the person from whom it was seized. (3) An inventory of anything seized under subsection (2) shall be prepared by the police officer conducting the seize and signed against by the person in charge or appearing to be in charge of the premises, and shall be brought before the magistrate together with the seized things. 9. The Governor may, in consultation with the County Executive Committee and with the approval of the County Assembly amend the First schedule to this Act. Power to amend first schedule. 10. The Executive Committee Member in charge of Public Service and Administration in consultation with the Governor and with the approval of the County Assembly may make regulations- (a) prescribing the occasions upon which and the manner in which the Meru County flag or the Meru County Coat of Arms 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 4 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; (d) generally for the better carrying out of purposes of this Act and bringing the Act into effect. Regulations.

8 6 No. 1 Meru County Symbols and Emblems 2016 PART III_SCHEDULES FIRST SCHEDULE PART I_EMBLEMS The Meru County Flag The Meru County Coat of Arms The Meru county Public seal SECOND SCHEDULE PART I_THE MERU COUNTY OFFICIAL FLAG Mountain with 3 Peaks-Home of Mt. Kenya and 3 peaks represents the unity and harmony of the Meru culture Nine orange Rays-Represents a new beginning for the community of Meru, the 9 sub-counties of Meru County as well as the warm welcoming nature of Meru people Green Colour-Represents the productivity of the Meru County and aspiration of Meru people to live in harmony with the environment. River from Mountain-represents energy, life and hard work of the people of Meru as well as the aspirations of the people of Meru for peace to flow to all corners and to all the people of the County.

9 Meru County Symbols and Emblems PART II _ THE MERU COUNTY OFFICIAL COAT OF ARMS No. I Mountain with 3 Peaks-Home of Mt. Kenya and 3 peaks represents the unity and harmony of the Meru culture Nine orange Rays-Represents a new beginning for the community of Meru, the 9 sub-counties of Meru County as well as the warm welcoming nature of Meru people Green Colour-Represents the productivity of the Meru County and aspiration of Meru people to live in harmony with the environment. River from Mountain-represents energy, life and hard work of the people of Meru as well as the aspirations of the people of Meru for peace to flow to all corners and to all the people of the County.

10 No. 1 8 Meru County Symbols and Emblems 2016 PART III-THE MERU COUNTY OFFICIAL PUBLIC SEAL Mountain with 3 Peaks-Home of Mt. Kenya and 3 peaks represents the unity and harmony of the Meru culture Nine orange Rays-Represents a new beginning for the community of Meru, the 9 sub-counties of Meru County as well as the warm welcoming nature of Meru people Green Colour-Represents the productivity of the Meru County and aspiration of Meru people to live in harmony with the environment. River from Mountain-represents energy, life and hard work of the people of Meru as well as the aspirations of the people of Meru for peace to flow to all corners and to all the people of the County.

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