National Museums and Heritage Act

This Act may be cited as the National Museums and Heritage Act.

Section 2 provides definitions and scope: it defines categories such as monuments, natural features, protected objects and shipwrecks (including shipwrecks over fifty years old), and states the Act extends to heritage in Kenyan lakes, waters and territorial seabed.

The Board must follow the Schedule for its business and affairs; subject to that, the Board may set its own procedure and may co-opt people to deliberate, but co‑opted persons have no right to vote.

The Board may, by resolution, delegate to any committee of the Board the exercise of its powers or the performance of its functions or duties under this Act.

Members and agents of the Board (and persons acting on their directions) are exempt from personal liability for acts done bona fide in executing the Board's functions, powers and duties under this Act.

The Board remains liable in contract and tort and must pay compensation or damages to any person for injuries to them, their property, or interests caused by exercise of powers conferred by this Act or any other written law.

Section 14 establishes a Director-General of the National Museums to be appointed by the Cabinet Secretary on the Board's recommendation; sets minimum qualifications and makes the Director-General the chief executive responsible to the Board for day-to-day management.

The Board may appoint officers and staff necessary to carry out the National Museums' functions, on terms and conditions the Board decides.

The National Museums may appoint advisory committees for any national museum or group of national museums.

The National Museums may, subject to available financial and other resources, undertake research and related scientific, cultural, technological or human-interest activities using lectures, exhibits, tours or publications.

Section 3. Establishment of the National Museums of Kenya

The National Museums Section serves as national repositories for things of scientific, cultural, technological and human interest.

Section 5 lists powers of the National Museums, including acquiring, disposing of, maintaining property and collections, forming companies, charging fees, borrowing money, conducting environmental assessments, and receiving and applying moneys to defray expenses.

Section 6 specifies the Board composition (members appointed or nominated by the Cabinet Secretary and other bodies), requires the Board to elect a vice-Chairperson, and vests the Board with general management, development and control of the National Museums.

Chairperson or a non-ex officio Board member shall hold office for three years and may be re-appointed.

The appointment of the chairperson and members of the Board may be terminated if they are unable to perform the functions of their office because of mental or physical infirmity.

The chairperson or any Board member who has a personal interest in a matter must disclose that interest to the Board promptly after learning the facts; they must not take part in discussion or vote on that matter, and the disclosure must be recorded in the minutes.

Parliament may appropriate monies for the purposes of the National Museums.

The National Museums' financial year is the 12-month period ending on 30 June each year.

The Board must prepare estimates of revenue and expenditure before the start of each financial year; the Board must approve the annual estimates before the start of the financial year; the Board may create reserve funds as it deems appropriate.

The Board may invest any of the funds of the National Museums in securities described in the section.

The National Museums may not give loans, advances or arrange credit facilities for a member of the Board or staff unless regulations made by the National Museums under this section and approved by the Treasury allow it.

The Board must keep proper books and records of accounts for the National Museums; accounts must be audited by the Auditor-General or an auditor appointed by the Board with the Auditor-General’s written approval; the Auditor‑General may direct appointed auditors and receive their reports; the Auditor‑General must report within six months after the end of the financial year to the Cabinet Secretary; the Board fixes and pays an appointed auditor’s fee; the Auditor‑General may inspect accounts and transmit special reports to the Cabinet Secretary.

The Board must prepare and submit an annual report within three months after each financial year ends; the Cabinet Secretary must lay that report before the National Assembly within three months of the day the Assembly next sits after presentation.

The Cabinet Secretary may declare various places, objects and areas to be protected; the National Museums must post or deliver copies of notices; the Cabinet Secretary must confirm or withdraw notices after two months considering objections; the Director-General may make immediate protective orders in urgent danger.

Defines "Registers" as all collections of all museums and all instruments under its control.

Monuments, antiquities or protected objects may not be removed from Kenya unless specially authorized by an exploration licence provision or an export permit issued by the Cabinet Secretary on the recommendation of the National Museums.

If the Cabinet Secretary refuses an export permit (or imposes unacceptable conditions), the owner may within three months ask the Cabinet Secretary to acquire the object by compulsory purchase; the Cabinet Secretary must, within six months of that notice, either grant an unconditional export licence or acquire the object by compulsory purchase.

Monuments, antiquities or protected objects may not be removed from Kenya except through a Customs port of entry, and the relevant export permit or a certified copy of the exploration licence must be surrendered to a Customs officer before removal is effected or allowed.

It is an offence to remove a monument, an antiquity, or a protected object from Kenya contrary to section 52 or section 54.

Persons must not search by excavation or surface operations for buried monuments or antiquities unless authorized by an exploration licence issued by the Cabinet Secretary after consultation with the Board; National Museums must verify applicants' competence and may require proof of institutional support; licence-holders must produce reports and deposit two copies with the National Museums.

An exploration licence is valid for up to one year and may be renewed for further periods, each not exceeding one year.

Holders of exploration licences may enter land specified in the licence; they must give at least seven days’ notice before entering private land, must compensate owners/occupiers for disturbance or damage, and follow prescribed application, panel and appeal procedures including deposit and payment of awards.

A person who discovers an archaeological or palaeontological monument or object must, within seven days, notify the National Museums with the precise site and circumstances; if an object is discovered they must deliver it to the National Museums or the District Commissioner to keep it.

No person shall move a monument or object of archaeological or palaeontological interest from where it was discovered except as allowed by an exploration licence or by written permit from the Cabinet Secretary after consultation with the National Museums.

Creates an offence for engaging in a search contrary to section 27.

A protected area or part of it that is Trust land may be set aside as a protected area in accordance with section 118 of the Constitution.

The Cabinet Secretary may, by notice in the Gazette, prohibit or restrict access to a protected area, its development, agricultural or livestock use, or other activities that in the Cabinet Secretary’s opinion could damage archaeological or palaeontological monuments or objects.

If private land included in a protected area is prohibited, restricted, disturbed or damaged by actions of the Cabinet Secretary or the Board acting with authority, the Government must pay fair and reasonable compensation on demand to the owner or occupier.

Entering a protected area or doing any act contrary to a prohibition or restriction notified by the Cabinet Secretary under section 34(a) is an offence.

Provision concerns inspection and repair of monuments.

The National Museums may acquire a monument or antiquity by purchase, lease, gift or bequest.

Owners may appoint the National Museums as guardian of a monument by written instrument if the National Museums agrees; the National Museums must be guardian of Government property monuments or monuments with no apparent owner.

The National Museums may enter written agreements with monument owners for protection or preservation; agreements list specific matters to cover, can be altered by consent, bind successors, and maintenance-expense rights survive termination.

If an owner or other person bound by an agreement refuses or neglects to perform acts needed to protect a monument, the National Museums may authorise someone else to do the act and recover from the owner the expense; the High Court may grant an injunction to stop acts that would contravene such an agreement.

Compulsory purchase of monuments where a monument, or part of it, is periodically used for religious observances.

The National Museums must properly maintain monuments it owns, guardians, or protects, may enforce owners' maintenance obligations, may prohibit entry or take other actions, and the public has a right of access subject to by-laws and agreements.

National Museums has the power to relinquish rights it holds in respect of a monument that were acquired by sale, lease, gift or bequest in favour of the person who would be the owner had those rights not been acquired.

The High Court may, on the application of the National Museums, grant an injunction to restrain any threatened or continuing act contrary to subsection (1)(a).

Antiquities discovered in Kenya after commencement of this Act become property of the Government; the Cabinet Secretary may, on the National Museums' recommendation and by notice in the Gazette, disclaim ownership of any such antiquity.

If the National Museums requires it in writing, a person must, within a notice period of at least one month, give the National Museums full details of any objects they possess that they know or reasonably suspect to be antiquities or protected objects.

The Cabinet Secretary may, after consulting the National Museums and by notice in the Gazette, prohibit removal (without a permit from the Cabinet Secretary) of a specified antiquity or protected object or class or type thereof from the place where it is then situated.

Prohibits persons from selling, buying, or otherwise transferring protected objects or antiquities without required permits or licences; exempts Government and National Museums acquisitions.

The Cabinet Secretary may compulsorily acquire an antiquity or protected object if it is in danger, after consulting the National Museums and subject to prompt payment of full compensation; but must not do so if the owner is willing to deposit it with the National Museums and has executed the necessary loan agreement within one month of invitation.

A person who, without just cause, fails to furnish the National Museums with full particulars of objects in his possession which he knows or believes to be antiquities or protected objects when required in writing under section 47 commits an offence.

Authorized representatives of the National Museums may inspect archaeological or palaeontological work, enter premises without a warrant for that purpose, and may order cessation of such work; the National Museums must report any such cessation order and the reasons to the Cabinet Secretary.

The Cabinet Secretary may, by notice in the Gazette, appoint persons recommended by the National Museums to be heritage wardens to enforce this Act; a heritage warden appointed under subsection (1) may, with leave of the Director of Public Prosecutions, be appointed prosecutor to prosecute offences under this Act.

A heritage warden may, at any reasonable time, inspect an antiquity or protected object that is the subject of a section 48 notice; with written authority from the National Museums may enter premises where it is or should be; and may require production of the object or information about its whereabouts.

Persons whom the heritage warden reasonably believes have committed an offence must give their name, address and reasonable evidence of identity; the heritage warden may arrest without a warrant anyone who refuses to comply.

A customs officer may, at any time without warrant, search goods or persons leaving Kenya if the officer reasonably suspects they contain or carry monuments, antiquities, or protected objects, and may seize items believed to be such objects being removed contrary to sections 52 or 54.

Items seized under sections 59 or 60 that are protected objects, antiquities, or monuments taken or being removed contrary to specified provisions shall be ordered forfeited to the Government; anything forfeited will be deposited with the National Museums unless the Cabinet Secretary decides to restore it to its owner.

The National Museums may put notices on or attach notices to a monument or protected area when it considers them necessary to better protect that monument or protected area.

It is an offence to obstruct an authorized representative of the National Museums, a police officer, heritage warden, or Customs officer in the exercise of their powers or duties under this Act.

If the Cabinet Secretary certifies in writing (on advice of the National Museums) that something is a monument or protected object, any person who asserts the contrary must bear the burden of proof.

Instruments or agreements executed under this Act are exempt from stamp duty chargeable under the Stamp Duty Act ( Cap. 480 ).

Allows the prescribing of conditions for the preservation and use of open spaces and permits different conditions to be prescribed for different open spaces.

No one may operate a museum unless they hold a licence granted by the Cabinet Secretary; licences are subject to terms the Cabinet Secretary may set, and applications for existing museums must be made within six months of the Act coming into operation.

Provides for regulations concerning the administration of any National Museum or for any separate activity engaged in under this Act.