Kenya Act or statute

Parliament of Kenya

National Museums and Heritage Act

Jurisdiction: Kenya
Structure: 68 provisions
Citation: Cap. 216
Dates: As at 11 Dec 2023

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Dates: As at 11 Dec 2023

Source attribution: Source: Kenya Law

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“This Act may be cited as the 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.

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PRELIMINARY - 1. Short title

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

Section 1

FINANCIAL PROVISIONS - 18. Funds of the National Museums

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

Section 18

SEARCHES AND DISCOVERIES - 31. Restriction on moving objects

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.

Section 31

ANTIQUITIES AND PROTECTED OBJECTS - 47. Information concerning antiquities and protected objects

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.

Section 47

GENERAL - 68. Regulations

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

Section 68

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Showing 68 of 68 provisions

Provision 55Offence 8Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the National Museums and Heritage Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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.

Section 2. Interpretation Section 2(1)(a) monuments; Section 2(1)(b) architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of universal value from the point of view of history, art or science; Section 2(1)(c) groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding value from the point of view of history, art or science; Section 2(1)(d) works of humanity or the combined works of nature and humanity, and areas including archaeological sites which are of outstanding value from the historical, aesthetic, ethnological or anthropological point of view, and includes objects of archaeological or palaeontological interest, objects of historical interest and protected objects; Section 2(1)(a) a place or immovable structure of any age which, being of historical, cultural, scientific, architectural, technological or other human interest, has been and remains declared by the Cabinet Secretary under section 25 (1)(b) to be a monument; Section 2(1)(b) a rock-painting, carving or inscription made on an immovable object; Section 2(1)(c) an ancient earthwork or other immovable object attributable to human activity; Section 2(1)(d) a structure which is of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attached to it; and has been and remains declared by the Cabinet Secretary under section 25 (1)(b) to be a monument; Section 2(1)(e) a shipwreck more than fifty years old, and such adjoining land as may be required for maintenance thereof; Section 2(1)(a) natural features consisting of physical and biological formations or groups of such formations, which are of outstanding universal value from the aesthetic or scientific point of view; Section 2(1)(b) geological or physiographical formations of special significance, rarity or beauty; Section 2(1)(c) precisely delineated areas which constitute the habitat of threatened species of animals and plants of outstanding universal value from the point of view of science, conservation or natural beauty; or Section 2(1)(d) areas which are or have been of religious significance, use or veneration and which include but are not limited to Kayas; Section 2(1)(a) a door or door-frame carved in an African or Oriental style before the year 1946; or Section 2(1)(b) any other object or type of object, whether or not part of an immovable structure, which being of historical or cultural interests has been and remains declared by the Cabinet Secretary under section 25 (1)(d) to be a protected object; Section 2(2) This Act extends to heritage including monuments, antiquities and shipwrecks in lakes and waters within Kenya, or on the seabed within the territorial waters of Kenya.

Section 2Verify source

Part II

ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA

§ 10ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 10. Meetings of the BoardProvision

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.

Section 10. Meetings of the Board Section 10(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule, but subject thereto, the Board may regulate its own procedure. Section 10(2) The Board may co-opt any person to participate in its deliberations on any particular issue, but a person so co-opted shall have no right to vote at any meeting of the Board.

Section 10Verify source

§ 11ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 11. Delegation by the BoardProvision

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.

Section 11. Delegation by the Board Section The Board may, by resolution generally or in any particular case, delegate to any committee of the Board the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Section 11Verify source

§ 12ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 12. Protection from personal liabilityProvision

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.

Section 12. Protection from personal liability Section Subject to section 13 , no matter or thing done by a member of the Board or agent of the Board shall, if the matter or thing is done bona fide for executing the functions, powers and duties of the Board under this Act, render the member, or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.

Section 12Verify source

§ 13ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 13. Liability of the Board in contract and tortProvision

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 13. Liability of the Board in contract and tort Section The provisions of section 12 shall not relieve the Board of the liability in tort or contract, to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act, or any other written law.

Section 13Verify source

§ 14ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 14. The Director-GeneralProvision

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.

Section 14. The Director-General Section 14(1) There shall be a Director-General of the National Museums, who shall be appointed by the Cabinet Secretary on the recommendation of the Board on terms and conditions specified in the instrument of his appointment. Section 14(2) The Director-General shall hold the minimum of a doctorate and have experience in any field or discipline relating to the work of the National Museums. Section 14(3) The Director-General shall be the chief executive officer of the National Museums and shall be responsible to the Board for the day-to-day management of the National Museums.

Section 14Verify source

§ 15ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 15. StaffProvision

Section 15. Staff Section The Board may appoint such officers and staff as are necessary for the proper discharge of the functions of the National Museums under this Act upon such terms and conditions of service as the Board may determine.

Section 15Verify source

§ 16ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 16. Appointment of advisory committeesProvision

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

Section 16. Appointment of advisory committees Section 16(1) The National Museums may appoint a separate advisory committee for any national museum or group of national museums. Section 16(2) An advisory committee may include at least one person nominated by the local authority in whose jurisdiction the national museum is situated. Section 16(3) Except as otherwise provided by any regulations made under this Act, the National Museums may delegate to an advisory committee all or any of its powers and obligations under this Act in respect of the museums for which the committee has been appointed.

Section 16Verify source

§ 17ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 17. National Museums to undertake research, etc.Provision

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 17. National Museums to undertake research, etc. Section The National Museums may, so far as its financial and other resources permit, undertake research and conduct other activities of scientific, cultural, technological or human interest by means of lectures, exhibits, tours or publications.

Section 17Verify source

§ 3ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 3. Establishment of the National Museums of KenyaProvision

Section 3. Establishment of the National Museums of Kenya

Section 3. Establishment of the National Museums of Kenya Section suing and being sued;

Section 3Verify source

§ 4ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 4. Functions of National MuseumsProvision

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

Section 4. Functions of National Museums Section serve as national repositories for things of scientific, cultural, technological and human interest;

Section 4Verify source

§ 5ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 5. Powers of the National MuseumsProvision

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 5. Powers of the National Museums Section 5(1)(a) purchase or exchange, take on lease, or acquire by gift or otherwise, movable or immovable property including an existing museum, for any purpose of or connected with the National Museums; Section 5(1)(b) sell, lease or exchange immovable property from time to time vested in the National Museums which is no longer, or not for the time being, required for any such purposes; Section 5(1)(c) erect, maintain and improve buildings, including staff quarters, to be used for any such purpose; Section 5(1)(d) mortgage or charge immovable property from time to time vested in the National Museums as security for repayment, with or without interest, of any money borrowed for the purposes of the National Museums; Section 5(1)(e) appoint advisory committees for museums; Section 5(1)(f) acquire by way of gift or purchase, or accept by way of loan or deposit, any object of scientific, cultural, technological, historical or human interest; Section 5(1)(g) sold, given away, mortgaged, pledged or in any way permanently disposed of save under authority of a resolution of the Board and with the consent in writing of the Cabinet Secretary; or Section 5(1)(g)(i) sold, given away, mortgaged, pledged or in any way permanently disposed of save under authority of a resolution of the Board and with the consent in writing of the Cabinet Secretary; or Section 5(1)(g)(ii) lent to any person or organization, within or outside Kenya, unless under authority of a resolution of the Board and with the consent of the Cabinet Secretary; Section 5(1)(h) with consent of the Cabinet Secretary form companies to take over or assist in any of the functions of the National Museums; Section 5(1)(i) apply money received on the sale or disposal of movable property or by way of payment for admission to a museum or by way of gift or grant or otherwise, in the purchase of any object which in the opinion of the Board it is desirable to acquire for a national museum or in furthering interest in and increasing the utility in a national museum; Section 5(1)(j) solicit and accept and receive subscriptions, donations, devices and bequests (whether of movable or immovable property and whether absolute or conditional) for the general or special purposes of a national museum or subject to any trust; Section 5(1)(k) charge for admission to a national museum, or to any lecture, exhibit, conducted tour, course of instruction or other facility, or for publications, such fees or prices as the National Museums may, subject to any regulations made under this Act, think fit; Section 5(1)(l) borrow, with or without security, such moneys as may from time to time be needed for any purposes of the National Museums; Section 5(1)(m) in consultation with the National Commission for Science, Technology and Innovation, maintain existing research institutions and establish new ones; Section 5(1)(n) subject to the provisions of the Environmental Management and Co-ordination Act ( Cap. 387 ), conduct environmental impact assessments; Section 5(1)(o) enter into association with other bodies or organizations within or outside Kenya as the Board may consider desirable or appropriate and in the furtherance of the purposes for which the National Museums is established; Section 5(1)(p) open a bank account or bank accounts for the funds of the National Museums; Section 5(1)(q) do all such other lawful things as may seem to the National Museums to be incidental or conducive to the attainment of any of the functions of the National Museums. Section 5(2) The National Museums may receive moneys from any source and may apply those moneys to defray its expenses in carrying out the functions and exercising the powers conferred on it by this Act including the reimbursement of expenses incurred by members of the Board in attending meetings of the Board.

Section 5Verify source

§ 6ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 6. Board of DirectorsProvision

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.

Section 6. Board of Directors Section 6(1)(a) a chairperson appointed by the Cabinet Secretary after consultation with the President; Section 6(1)(b) four persons representing scientific interests appointed by the Cabinet Secretary of whom one shall be nominated by Nature Kenya, one by the University of Nairobi, one from one other university and one from the National Commission for Science, Technology and Innovation; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for national heritage; Section 6(1)(d) the Principal Secretary in the Ministry for the time being responsible for finance; Section 6(1)(e) the Principal Secretary in the Ministry for the time being responsible for defence; Section 6(1)(f) not more than three persons to be appointed by the Cabinet Secretary by virtue of their outstanding interest in and contribution to the work of national museums; Section 6(1)(g) one person appointed by the Cabinet Secretary from the private sector; Section 6(1)(h) one person appointed by the Cabinet Secretary upon nomination by the Kenya Tourist Board; Section 6(1)(i) a Director-General appointed by the Cabinet Secretary after consultation with the Board who shall be an ex officio member and secretary to the Board. Section 6(2) The Board shall elect a vice-Chairperson from among its members. Section 6(3) The Board shall have the general management, development and control of the National Museums and all functions vested in the National Museums by this Act. [Act No. 19 of 2023 , Sch.]

Section 6Verify source

§ 7ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 7. Tenure of officeProvision

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

Section 7. Tenure of office Section 7(1) The chairperson or a member of the Board other than an ex officio member shall hold office for a period of three years and shall be eligible for re-appointment. Section 7(2) The quorum of the Board shall be seven members excluding the ex officio members. Section 7(3) The powers of the Board shall not be affected by any vacancy in the membership thereof. Section 7(4) A member of the Board, other than an ex officio member, may resign his office by notice in writing under his hand addressed to the Cabinet Secretary.

Section 7Verify source

§ 8ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 8. Termination of appointment of the chairperson and members of the BoardProvision

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.

Section 8. Termination of appointment of the chairperson and members of the Board Section is unable to perform the functions of his office by reason of mental or physical infirmity;

Section 8Verify source

§ 9ESTABLISHMENT, FUNCTIONS AND POWERS OF THE NATIONAL MUSEUMS OF KENYA - 9. Disclosure of interest by chairperson and members of the BoardProvision

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.

Section 9. Disclosure of interest by chairperson and members of the Board Section 9(1) The Chairperson or a member of the Board who has a direct or indirect personal interest in a matter being considered or to be considered by the Board shall, as soon as reasonably practicable after the relevant facts concerning the matter have come to his knowledge, disclose the nature of his interest to the Board. Section 9(2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting of the Board and the chairperson or member shall not take part in the consideration or discussion of or vote during any deliberations on the matter by the Board.

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 18FINANCIAL PROVISIONS - 18. Funds of the National MuseumsProvision

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

Section 18. Funds of the National Museums Section such monies as may be appropriated by Parliament for the purposes of the National Museums;

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Financial yearProvision

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

Section 19. Financial year Section The Financial Year of the National Museums shall be the period of twelve months ending on thirtieth June in every year.

Section 19Verify source

§ 20FINANCIAL PROVISIONS - 20. Annual estimatesCommencement

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.

Section 20. Annual estimates Section 20(1) The Board shall before the commencement of a financial year cause to be prepared estimates of revenue and expenditure of the Board for that financial year. Section 20(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the National Museums; Section 20(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the National Museums; Section 20(2)(c) the proper maintenance of buildings and grounds of the National Museums; Section 20(2)(d) the funding of training, research and development activities of the National Museums; Section 20(2)(e) the acquisition, maintenance, repair and replacement of the equipment and other movable property of the National Museums; Section 20(2)(f) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Board may deem appropriate. Section 20(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval: Provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Board. Section 20(4) No expenditure shall be incurred for the purposes of the National Museums except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Board with the prior approval of the Cabinet Secretary.

Section 20Verify source

§ 21FINANCIAL PROVISIONS - 21. Investment of fundsProvision

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

Section 21. Investment of funds Section The Board may invest any of the funds of the National Museums in securities in which for the time being trustees may by law invest funds or in any other securities which the Treasury may from time to time approve for that purpose.

Section 21Verify source

§ 22FINANCIAL PROVISIONS - 22. Restriction on loans to Board member and staffProvision

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.

Section 22. Restriction on loans to Board member and staff Section The National Museums may not grant to a member of the Board or staff any loan or advance, or arrange any credit facility for the member except with regulations made by it under this section and approved by the Treasury.

Section 22Verify source

§ 23FINANCIAL PROVISIONS - 23. Accounts and auditProvision

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.

Section 23. Accounts and audit Section 23(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the National Museums. Section 23(2)(a) a statement of income and expenditure during the year; and Section 23(2)(b) a statement of the assets and liabilities of the National Museums on the last day of that year. Section 23(3) The accounts of the National Museums shall be audited by the Auditor-General or by an auditor appointed by the Board with the written approval of the Auditor-General. Section 23(4) The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Auditor-General. Section 23(5) The Auditor-General may give general or specific directions to an auditor appointed under subsection (3) and the auditor shall comply with such directions. Section 23(6) An auditor appointed under subsection (3) shall report directly to the Auditor-General on any matter relating to the directions given under subsection (5). Section 23(7) The Auditor-General shall within six months after the end of the financial year report on the examination and audit of the accounts of the National Museums to the Cabinet Secretary, and where an auditor has been appointed under subsection (3) he shall transmit a copy of the report to the Auditor- General. Section 23(8) The fee payable to an auditor appointed under subsection (3) shall be fixed and paid by the Board. Section 23(9) Nothing in this Act shall be construed to prohibit the Auditor-General from carrying out an inspection of the National Museums accounts or records whenever it appears to him desirable. Section 23(10) Notwithstanding anything in this Act, the Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his power under this Act and the Public Audit Act (412B).

Section 23Verify source

§ 24FINANCIAL PROVISIONS - 24. Annual reportProvision

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.

Section 24. Annual report Section 24(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Board for the immediate preceding year. Section 24(2) The Cabinet Secretary shall lay the annual report before the National Assembly within three months of the day the Assembly next sits after the report is presented to him.

Section 24Verify source

Part IV

HERITAGE DECLARATIONS

§ 25HERITAGE DECLARATIONS - 25. Declaration of monuments, etc.Repeal

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.

Section 25. Declaration of monuments, etc. Section 25(1)(a) an open space to be a protected area within the meaning of this Act; Section 25(1)(b) a specified place or immovable structure which the Cabinet Secretary considers to be of historical interest, and a specified area of land under or adjoining it which is in the Cabinet Secretary’s opinion required for maintenance thereof, to be a monument within the meaning of this Act; Section 25(1)(c) a specified site on which a buried monument or object of archaeological or palaeontological interest exists or is believed to exist, and a specified area of land adjoining it which is in the Cabinet Secretary’s opinion required for maintenance thereof, to be a protected area within the meaning of this Act; Section 25(1)(d) a specified object or type of object, whether or not part of an immovable structure, which the Cabinet Secretary considers to be of historical, cultural, or scientific interest, to be a protected object within the meaning of this Act; Section 25(1)(e) a building and a specified area of land adjoining it which in the Cabinet Secretary’s opinion is required for the maintenance thereof to be a protected building within the meaning of this Act; or Section 25(1)(f) a geopark to be a protected area within the meaning of this Act, Section 25(2) A copy of every notice published under subsection (1) shall, if referring to an immovable object or site, be posted by the National Museums in a conspicuous place, on or near that object or site or on the area to which it relates, and if referring to a specified movable object, be delivered or sent to the person in whose possession that object is or is believed to be. Section 25(3) On the expiration of the period of two months, the Cabinet Secretary, after considering the objections, if any, shall confirm or withdraw the notice. Section 25(4) An object or area of land declared by or under the Preservation of Objects of Archaeological and Palaeontological Interest Act, or under the Antiquities and Monuments Act (both now repealed) to be a protected object, monument or protected area shall be deemed to be a protected object, monument or protected area, as the case may be, within the meaning of this Act. Section 25(5) No declaration made and gazetted by the Cabinet Secretary under this section may be revoked without the consent of the National Museums. Section 25(6) Notice of the proposal for revocation shall be published in the Gazette and the Cabinet Secretary shall consider all objections or recommendations made to the Cabinet Secretary within two months after the publication of the notice. Section 25(7) Where it appears to the Director-General that any heritage which the Director-General considers requires to be protected by a declaration under this section is in imminent danger of serious damage or destruction, the Director- General may make an order protecting the said heritage in the manner set out by him. Section 25(8) An order made under subsection (7) shall have effect in applying all the provisions of this Act including criminal penalties with immediate effect as if the notice had been given by the Cabinet Secretary and confirmed under subsection (3). Section 25(9) Immediate notice of an order made under subsection (7) shall be given to the Cabinet Secretary and the order shall be operative for one month, save that if a recommendation has in that time been made by the National Museums to the Cabinet Secretary for a declaration under subsection (1), the order shall be operative until the decision of the Cabinet Secretary.

Section 25Verify source

§ 26HERITAGE DECLARATIONS - 26. RegistersProvision

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

Section 26. Registers Section all collections of all museums, and all instruments under its control;

Section 26Verify source

Part IX

EXPORT

§ 52EXPORT - 52. Conditions relating to exportProvision

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.

Section 52. Conditions relating to export Section 52(1) No monument or part thereof, nor any antiquity or protected object may be removed from Kenya unless its removal has been specially authorized by a provision in an exploration licence, or by an export permit issued by the Cabinet Secretary on the recommendation of the National Museums under this section. Section 52(2) An application for an export permit shall be made in writing to the Cabinet Secretary, and shall contain a full description of the monument or part thereof, or antiquity or protected object in respect of which it is made, the reason for the proposed removal, the place to which and the person into whose care it is to be removed, and such further information as may be prescribed. Section 52(3) Before issuing an export permit the Cabinet Secretary may cause an inspection to be made, and the monument antiquity or protected object to be sealed or placed in his custody. Section 52(4) The Cabinet Secretary may issue an export permit subject to such terms and conditions as the Cabinet Secretary may deem fit, or may, without assigning any reason, refuse to issue any export permit in respect of a specified monument or part thereof, an antiquity, or a protected object. Section 52(5)(a) the subject-matter thereof shall be deposited in a specified place and in the care of specified persons; Section 52(5)(b) the subject-matter thereof shall be returned to Kenya within a specific period; and Section 52(5)(c) a specified portion of the subject-matter thereof shall be surrendered to the National Museums, or be deposited with the National Museums by way of loan permanently or for a specified period.

Section 52Verify source

§ 53EXPORT - 53. Notice to Cabinet Secretary to acquire by compulsory purchaseProvision

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.

Section 53. Notice to Cabinet Secretary to acquire by compulsory purchase Section 53(1) In the event of the Cabinet Secretary’s refusal to issue an export permit for an object of historical value, or imposing conditions which the owner does not accept, the owner may by notice to the Cabinet Secretary within three months thereafter require the Cabinet Secretary, as an alternative to issuing an export licence, to acquire the object by way of compulsory purchase as provided by section 42 . Section 53(2) The Cabinet Secretary shall, within six months after receipt of a notice under this section, either grant an unconditional export licence in respect of the object or proceed without undue delay to acquire it by way of compulsory purchase.

Section 53Verify source

§ 54EXPORT - 54. Export through Customs port of entryProvision

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.

Section 54. Export through Customs port of entry Section No monument or part thereof, antiquity or protected object shall be removed from Kenya otherwise than through a Customs port of entry; and the relevant export permit, or a copy of the relevant exploration licence certified by or on behalf of the Cabinet Secretary or the National Museums, as the case may be, shall be surrendered to a Customs officer before removal from Kenya is effected or allowed.

Section 54Verify source

§ 55EXPORT - 55. OffencesOffence

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

Section 55. Offences Section removes a monument or part thereof, an antiquity, or a protected object, from Kenya contrary to section 52 or section 54 ;

Section 55Verify source

Part V

SEARCHES AND DISCOVERIES

§ 27SEARCHES AND DISCOVERIES - 27. Exploration licencesProvision

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.

Section 27. Exploration licences Section 27(1) Unless authorized by an exploration licence issued by the Cabinet Secretary after consultation with the Board, no person shall by means of excavation or surface operations search for a buried monument or buried part of a monument, or for a buried antiquity, whether or not in a protected area. Section 27(2) Before making recommendations to the Cabinet Secretary on the issuance of an exploration licence, the National Museums shall satisfy itself that the applicant is competent by both training and experience to carry out an exploration or excavation in accordance with the most recent scientific methods, and may require the applicant to satisfy it that he has the support, financial and otherwise, of an archaeological or scientific society or institution of repute. Section 27(3) Every exploration licence issued under this section shall contain an agreement that the licensee, or the institution which the licensee represents, will, at such intervals or within such period as may be specified by that licence, produce a detailed written report or publication on the results of the exploration and excavation, and will deposit with the National Museums two copies of the report or publication. Section 27(4)(a) in order to protect a monument from injury, removal or dispersion; Section 27(4)(b) in respect of antiquities for the removal of finds to a place in Kenya, or temporarily to a place outside Kenya for the purpose only of special examination or preservative treatment.

Section 27Verify source

§ 28SEARCHES AND DISCOVERIES - 28. Conditions and forms of exploration licenceProvision

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

Section 28. Conditions and forms of exploration licence Section shall be valid for a period not exceeding one year, but may be renewed for a further period or further periods not exceeding one year at a time;

Section 28Verify source

§ 29SEARCHES AND DISCOVERIES - 29. Entry onto land under exploration licenceProvision

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.

Section 29. Entry onto land under exploration licence Section 29(1) For the purposes of an exploration licence, the holder thereof may enter upon any area of land specified in the licence, whether or not private land, and whether or not a protected area, and exercise there all rights conferred by the exploration licence, for such period and subject to such limitations and conditions as may be stated in the licence. Section 29(2) Where the holder of an exploration licence intends, pursuant to any licence, to enter upon private land, the holder shall give not less than seven days’ notice to the occupier, and if practicable to the owner of the land. Section 29(3) In the case of Trust land service on the county council in which the land is vested of a written notice, specifying the exploration licence and the nature and duration of, and the land affected by it, shall be sufficient notice of all subsequent activities in accordance with the exploration licence, both to the county council and to the residents for whose benefit the council holds the land. Section 29(4) Whenever, in the course of operations carried on by the holder of an exploration licence, disturbance of the rights of the owner or occupier of private land, or damage to the land, or to crops, trees, buildings, stock or works therein or thereon, is caused, the holder of an exploration licence shall be liable to pay or make to the owner or occupier such compensation as is fair and reasonable having regard to the extent of the disturbance or damage and to the interest of the owner or occupier in the land. Section 29(5) If the holder of an exploration licence fails to pay or make compensation when demanded under subsection (4), or if an owner or occupier is dissatisfied with the amount or nature of any compensation offered to him thereunder, the owner or occupier may, within six months of the date on which the demand or offer is made, but not in any case later than two years after the occurrence of the disturbance or damage, appeal to the Cabinet Secretary whose decision shall be final. Section 29(6)(a) an occupier who claims to be entitled to compensation under subsection (4) shall, within six months after the occurrence of the disturbance or damage, apply to the District Commissioner of the district in which the land is situated; Section 29(6)(b) the District Commissioner shall notify the Cabinet Secretary and the holder of the exploration licence of the application made under paragraph (a); Section 29(6)(c) the Cabinet Secretary shall appoint a panel of three persons under the chairmanship of the District Commissioner, which shall afford the owner or occupier a reasonable opportunity of being heard in relation thereto, and if satisfied that the applicant is entitled to compensation, shall make an award in his favour in accordance with subsection (4); Section 29(6)(d) the panel shall give notice in writing to the applicant and to the holder of the exploration licence of the award or of the rejection of the award; Section 29(6)(e) the applicant or the holder of an exploration licence may appeal to the Cabinet Secretary against the decision of the panel under paragraph (d) and the Cabinet Secretary’s decision shall be final; Section 29(6)(f) a sum payable under an award shall be deposited by the holder of the exploration licence with the District Commissioner upon the expiry of thirty days from notification of the award or from a final appeal decision, as the case may be; Section 29(6)(g) the District Commissioner shall be responsible for paying the compensation awarded to the person entitled thereto, and every such payment shall be made in a single payment; Section 29(6)(h) an award made under this subsection shall be enforceable as if it were a decree of a competent court.

Section 29Verify source

§ 30SEARCHES AND DISCOVERIES - 30. Notification of discoveryProvision

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.

Section 30. Notification of discovery Section Where a person discovers a monument or object of archaeological or palaeontological interest, the person shall, within seven days, give notice thereof, indicating the precise site and circumstances of the discovery, to the National Museums, and in the case of an object, shall deliver the object to the National Museums or to the District Commissioner to keep it for any particular purpose or for any particular period.

Section 30Verify source

§ 31SEARCHES AND DISCOVERIES - 31. Restriction on moving objectsProvision

Section 31. Restriction on moving objects Section Subject to section 27 , no person shall move a monument or object of archaeological or palaeontological interest from the place where it has been discovered otherwise than in such manner and to such place as may be allowed by an exploration licence, or by written permit from the Cabinet Secretary after consultation with the National Museums.

Section 31Verify source

§ 32SEARCHES AND DISCOVERIES - 32. OffencesOffence

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

Section 32. Offences Section engages in a search contrary to section 27 ;

Section 32Verify source

Part VI

PROTECTED AREAS

§ 33PROTECTED AREAS - 33. Where protected area is Trust landProvision

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.

Section 33. Where protected area is Trust land Section A protected area or part thereof which is an area of Trust land may be set aside as such in accordance with the provisions of section 118 of the Constitution.

Section 33Verify source

§ 34PROTECTED AREAS - 34. Control of access, etc., to protected areaProvision

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.

Section 34. Control of access, etc., to protected area Section by notice in the Gazette , prohibit or restrict access thereto or any development thereof, or the use thereof for agriculture or livestock, or activity thereon which in the Cabinet Secretary’s opinion is liable to damage a monument or object of archaeological or palaeontological interest therein;

Section 34Verify source

§ 35PROTECTED AREAS - 35. Compensation to owner of land in protected areaProvision

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.

Section 35. Compensation to owner of land in protected area Section 35(1) Where private land is included in a protected area, and the development or other use of that land by the owner or occupier thereof is prohibited or restricted by the Cabinet Secretary, or, by reason of any steps taken by the Cabinet Secretary, or by the Board with the authority of the Cabinet Secretary, on or in relation to the private land, the rights of the owner or occupier are disturbed in any way, or damage to the land, or to crops, trees, buildings, stock or works therein or thereon is caused, the Government shall on demand pay to the owner or occupier such compensation as is fair and reasonable having regard to the extent of the prohibition, restriction, disturbance or damage and to the interest of the owner or occupier in the land. Section 35(2) The provisions of subsections (4) and (5) of section 29 shall apply mutatis mutandis to a claim for compensation under this section.

Section 35Verify source

§ 36PROTECTED AREAS - 36. OffencesOffence

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.

Section 36. Offences Section enters upon a protected area or does therein any act or thing contrary to a prohibition or restriction of which notice has been given by the Cabinet Secretary under section 34 (a); or

Section 36Verify source

Part VII

MONUMENTS

§ 37MONUMENTS - 37. Inspection and repair of monumentsProvision

Provision concerns inspection and repair of monuments.

Section 37. Inspection and repair of monuments Section enter and inspect a monument; or

Section 37Verify source

§ 38MONUMENTS - 38. Acquisition of monuments and antiquitiesProvision

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

Section 38. Acquisition of monuments and antiquities Section The National Museums may purchase or take on lease or accept a gift or bequest of a monument or antiquity.

Section 38Verify source

§ 39MONUMENTS - 39. Guardianship of monumentsProvision

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.

Section 39. Guardianship of monuments Section 39(1) The owner of a monument may, by written instrument, constitute the National Museums the guardian of the monument, if the National Museums agrees. Section 39(2) The National Museums shall be the guardian of any monument which is the property of the Government or has no apparent owner. Section 39(3) An instrument which constitutes the National Museums the guardian of a monument shall provide for the matters mentioned in section 40 (2) as if it were an agreement under that section.

Section 39Verify source

§ 40MONUMENTS - 40. Agreements for protection or preservation of monumentsProvision

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.

Section 40. Agreements for protection or preservation of monuments Section 40(1) The National Museums may enter into a written agreement with the owner of a monument and any other person or persons for the protection or preservation of the monument. Section 40(2)(a) the maintenance of the monument; Section 40(2)(b) the custody of the monument and the duties of any person who may be employed in connexion therewith; Section 40(2)(c) the occupation or use of the monument by the owner or otherwise; Section 40(2)(d) the restriction of the right of the owner or occupier to build or to do other acts or things on or near the site of the monument; Section 40(2)(e) the facilities of access to be permitted to the public or to any portion of the public and to persons deputed by the owner or the National Museum to inspect or maintain the monument; Section 40(2)(f) the notice to be given to the National Museum in case the owner intends to offer the land on which the monument is situated for sale, lease or other disposal thereof, and the right to be reserved to the National Museum to have first refusal of any such sale, lease or other disposal; Section 40(2)(g) the payment of any expenses incurred by the owner or by the National Museums in connection with maintenance of the monument; Section 40(2)(h) the removal of the monument or any part thereof, subject to the provisions of this Act, to a place of safe custody; Section 40(2)(i) the duration of the agreement, with provision for earlier termination thereof by any party thereto; Section 40(2)(j) the procedure relating to the settlement of any dispute arising out of the agreement; and Section 40(2)(k) any other matter connected with the protection or preservation of the monument which is a proper subject of agreement between the owner and the National Museum. Section 40(3) The terms of an agreement under this section may be altered from time to time with the consent of all parties thereto. Section 40(4) An agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates through or under a party by whom on or whose behalf the agreement was executed. Section 40(5) Any rights acquired by the National Museums or by the owner in respect of expenses incurred in maintenance shall not be affected by the termination of an agreement under this section.

Section 40Verify source

§ 41MONUMENTS - 41. Enforcement of agreements for protection of monumentsProvision

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.

Section 41. Enforcement of agreements for protection of monuments Section 41(1) If the owner or any other person who is bound by the terms of an instrument which constitutes the National Museums guardian of a monument under section 39 (3) or of an agreement for the protection and preservation of a monument under section 40 refuses to do an act which is in the opinion of the National Museums is both necessary for the protection, preservation or maintenance of the monument and the responsibility of the owner or other person in accordance with the terms of the instrument or agreement, or neglects to do the act within such reasonable time as may be fixed by the National Museums, the National Museums may authorise any person to do that act and the expense thereof, if and so far as it is established to have been the responsibility of the owner or other person, shall be recoverable from him. Section 41(2) If the National Museums establishes that the owner or occupier of a monument which is the subject of any such instrument or agreement intends to build or to do any other act or thing in contravention of the terms of the instrument or agreement, the High Court may grant an injunction to restrain that building or other act or thing.

Section 41Verify source

§ 42MONUMENTS - 42. Compulsory purchase of monumentsProvision

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

Section 42. Compulsory purchase of monuments Section in the case of a monument which, or any part of which, is periodically used for religious observances;

Section 42Verify source

§ 43MONUMENTS - 43. Duties of National Museums to protect and maintain monumentsProvision

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.

Section 43. Duties of National Museums to protect and maintain monuments Section 43(1) A monument which is for the time being owned by the National Museums, or under the guardianship of the National Museums as provided by section 39 , or the subject of an agreement for its protection or preservation as provided by section 40 , shall be properly maintained by the National Museums, except so far as its maintenance is, by such guardianship or agreement the responsibility of the owner of the monument or of any other person. Section 43(2) The National Museums may enforce all obligations of the owner of the monument or of any other person to maintain it. Section 43(3)(a) by prohibiting entry therein, except in accordance with by-laws made with the concurrence of the persons in religious charge of the monument or part thereof, of any person not entitled so to enter by the religious usage of the sect or community by which the monument or part thereof is used; or Section 43(3)(b) by taking such other action the National Museums deems necessary. Section 43(4) Subject only to any by-laws made under subsection (3) in respect of a monument or part thereof used for religious observances, and to the terms of any instrument whereby the National Museums has been constituted guardian or of any agreement for protection or preservation of a monument, the public shall have right of access to a monument referred to in subsection (1) on such conditions as regards payment, if any, and otherwise as the National Museums approves.

Section 43Verify source

§ 44MONUMENTS - 44. Power of National Museums to relinquish rights over monumentsProvision

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.

Section 44. Power of National Museums to relinquish rights over monuments Section where rights have been acquired by it in respect of a monument by virtue of a sale, lease, gift or bequest, relinquish those rights in favour of the person who would for the time being be the owner of the monument if those rights had not been acquired; or

Section 44Verify source

§ 45MONUMENTS - 45. OffencesOffence

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).

Section 45. Offences Section 45(1)(a) destroys, removes, injures, alters or defaces or does any act that imperils the preservation of a monument; Section 45(1)(b) obstructs the exercise by a heritage warden or other duly authorized person of any of the powers conferred by section 37 ; or Section 45(1)(c) commits a breach of any by-laws regulating the entry of persons into a monument which is used for religious observances, or of any other condition of access to a monument, Section 45(2) In the event of any threatened or continuing act contrary to subsection (1)(a) the High Court may on the application of the National Museums grant an injunction to restrain such act or its continuance.

Section 45Verify source

Part VIII

ANTIQUITIES AND PROTECTED OBJECTS

§ 46ANTIQUITIES AND PROTECTED OBJECTS - 46. Antiquities property of GovernmentCommencement

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.

Section 46. Antiquities property of Government Section 46(1) All antiquities which are lying in or under the ground, or on the surface of any land already protected under any law as a monument or being objects of archaeological, palaeontological or cultural interest are discovered in a part of Kenya after the commencement of this Act, shall be the property of the Government. Section 46(2) The Cabinet Secretary may, on the recommendation of the National Museums, by notice in the Gazette , disclaim the ownership of any such antiquity.

Section 46Verify source

§ 47ANTIQUITIES AND PROTECTED OBJECTS - 47. Information concerning antiquities and protected objectsProvision

Section 47. Information concerning antiquities and protected objects Section A person shall, if so required in writing by the National Museums, within such period, not being less than one month as may be specified by the notice, furnish the National Museums with full particulars of all objects in the person’s possession which the person knows or has reason to believe to be antiquities or protected objects.

Section 47Verify source

§ 48ANTIQUITIES AND PROTECTED OBJECTS - 48. Prohibition of removal of antiquities and protected objectsProvision

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.

Section 48. Prohibition of removal of antiquities and protected objects Section The Cabinet Secretary may after consultation with the National Museums, by notice in the Gazette , prohibit removal, without a permit from the Cabinet Secretary, of a specified antiquity or protected object, or of a specified class or type thereof respectively, from the place where the antiquity or protected object or class or type thereof is then situated.

Section 48Verify source

§ 49ANTIQUITIES AND PROTECTED OBJECTS - 49. Prohibition of sales, etc., of antiquities and protected objectsProvision

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

Section 49. Prohibition of sales, etc., of antiquities and protected objects Section 49(1) No person shall, without a permit from the Cabinet Secretary, sell or otherwise part with ownership or possession of a protected object. Section 49(2) No person shall buy or take by way of exchange an antiquity unless he has been licensed by the Cabinet Secretary in consultation with the National Museums to deal in antiquities. Section 49(3) No person shall sell or give by way of exchange an antiquity to a person who has not been licensed by the Cabinet Secretary in consultation with the National Museums to deal in antiquities. Section 49(4) The provisions of this section do not apply to acquisition by the Government or by the National Museums of a protected object or antiquity by way of sale, exchange, gift, bequest or loan.

Section 49Verify source

§ 50ANTIQUITIES AND PROTECTED OBJECTS - 50. Compulsory acquisition of antiquities and protected objectsProvision

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.

Section 50. Compulsory acquisition of antiquities and protected objects Section 50(1) If the Cabinet Secretary considers that an antiquity or protected object is in danger of being destroyed, injured or allowed to fall into decay, or of being unlawfully removed, the Cabinet Secretary may after consultation with the National Museums acquire the antiquity or protected object by way of compulsory purchase, on the grounds that acquisition is necessary in the interests of the utilization of the antiquity or protected object by preservation and display for the public benefit, subject to the prompt payment of full compensation as provided by section 75 of the Constitution. Section 50(2) The power of compulsory acquisition under subsection (1) shall not be exercised if the owner of the antiquity or protected object is willing to deposit it with the National Museums by way of loan either permanently or for such period as the Cabinet Secretary deems necessary, and has executed the necessary agreement for that purpose within one month after being invited so to do.

Section 50Verify source

§ 51ANTIQUITIES AND PROTECTED OBJECTS - 51. OffencesOffence

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.

Section 51. Offences Section without just cause fails to furnish the National Museums with full particulars of all objects in his possession which he knows or believes to be antiquities or protected objects, after being required in writing so to do within the period lawfully specified by a notice, as provided under section 47 ;

Section 51Verify source

Part X

POWERS OF ENFORCEMENT

§ 56POWERS OF ENFORCEMENT - 56. Inspection by the National MuseumsProvision

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.

Section 56. Inspection by the National Museums Section 56(1) An authorized representative of the National Museums may at any time inspect work being done in connexion with a monument or object of archaeological or palaeontological interest, and may for that purpose without warrant enter any premises, and may order the cessation of any such work pending further order from the National Museums. Section 56(2) The National Museums shall report to the Cabinet Secretary any such order for cessation of work and the reasons for the order.

Section 56Verify source

§ 57POWERS OF ENFORCEMENT - 57. Heritage wardensOffence

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.

Section 57. Heritage wardens Section 57(1) The Cabinet Secretary may by notice in the Gazette appoint persons recommended by the National Museums to be heritage wardens for the purpose of enforcing this Act. Section 57(2) A heritage warden appointed under subsection (1) may, with leave of the Director of Public Prosecutions be appointed prosecutor for purposes of prosecuting offences committed under this Act.

Section 57Verify source

§ 58POWERS OF ENFORCEMENT - 58. Power of heritage wardens to inspectProvision

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.

Section 58. Power of heritage wardens to inspect Section A heritage warden may at any reasonable time inspect an antiquity or protected object which is the subject of a notice under section 48 , and may for that purpose with written authority from the National Museums enter premises, where the antiquity or protected object is or should be, and require the production of the antiquity or protected object or information as to its whereabouts.

Section 58Verify source

§ 59POWERS OF ENFORCEMENT - 59. Power of arrestOffence

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.

Section 59. Power of arrest Section require any person whom the heritage warden has reason to believe has committed an offence under this Act to supply his name and address and reasonable evidence of his identity, and may without warrant arrest a person who refuses to comply with those requirements; and

Section 59Verify source

§ 60POWERS OF ENFORCEMENT - 60. Power of customs officersProvision

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.

Section 60. Power of customs officers Section A customs officer may at any time without warrant search anything intended to be removed from Kenya, or any person intending to leave Kenya, if the officer reasonably suspects that thing or person of containing or carrying a monument or part thereof, or an antiquity or protected object, and seize anything which the officer believes to be a monument or part thereof or antiquity or protected object that is in process of being removed from Kenya contrary to section 52 or section 54 , together with any container thereof.

Section 60Verify source

§ 61POWERS OF ENFORCEMENT - 61. Forfeiture to Government after seizureProvision

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.

Section 61. Forfeiture to Government after seizure Section 61(1)(a) in respect of seizure under section 59 , shall order forfeiture to the Government of the thing seized together with any container thereof if it is established that the thing seized is a protected object the ownership or possession of which has been acquired, or an antiquity that has been bought or taken by way of exchange, contrary to section 49 ; and Section 61(1)(b) in respect of seizure under section 60 , shall order forfeiture to the Government of the thing seized together with any container thereof if it is established that the thing seized is a monument or part thereof, an antiquity or protected object that was in the process of being removed from Kenya contrary to section 52 or section 54 , Section 61(2) Anything forfeited to the Government under subsection (1) shall, unless the Cabinet Secretary sees fit to restore it to its owner, be deposited with the National Museums.

Section 61Verify source

§ 62POWERS OF ENFORCEMENT - 62. NoticesProvision

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.

Section 62. Notices Section The National Museums may attach to or erect on a monument or protected area such notice or notices as it deems necessary for the better protection of the monument or protected area.

Section 62Verify source

§ 63POWERS OF ENFORCEMENT - 63. OffencesOffence

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.

Section 63. Offences Section obstructs an authorized representative of the National Museums, a police officer, heritage warden, or Customs officer, in the exercise of his powers or duties under this Act;

Section 63Verify source

Part XI

GENERAL

§ 64GENERAL - 64. Burden of proofProvision

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.

Section 64. Burden of proof Section In any proceedings under this Act, where the Cabinet Secretary has certified in writing that in his opinion, on the advice of the National Museums, a thing is a monument, an object of archaeological or palaeontological interest, an object of historical interest or a protected object, as the case may be, the burden of proof shall lie upon any person who asserts the contrary.

Section 64Verify source

§ 65GENERAL - 65. Exemption from stamp dutyProvision

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

Section 65. Exemption from stamp duty Section An instrument or agreement executed under this Act shall be exempt from stamp duty chargeable under the Stamp Duty Act ( Cap. 480 ).

Section 65Verify source

§ 66GENERAL - 66. RulesProvision

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

Section 66. Rules Section prescribing conditions for the preservation and use of open spaces which may prescribe different conditions for different open spaces;

Section 66Verify source

§ 67GENERAL - 67. Licensing of museumsProvision

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.

Section 67. Licensing of museums Section 67(1) No person shall operate a museum except in accordance with a licence granted by the Cabinet Secretary, which shall be subject to such terms and conditions as the Cabinet Secretary may think fit. Section 67(2) An application for a licence in respect of an existing museum shall be made within six months of the coming into operation of this Act.

Section 67Verify source

§ 68GENERAL - 68. RegulationsProvision

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

Section 68. Regulations Section providing for the administration of any National Museum or for any separate activity engaged in under this Act;

Section 68Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Board the exercise of its powers or the performance of its functions or duties under this Act
Section 11
Board under this Act
Section 12
Environmental Management and Co-ordination Act
Section 5

G–M

1 instrument

Government Antiquities discovered in Kenya after commencement of this Act
Section 46

N–S

4 instruments

National Museums and all functions vested in the National Museums by this Act
Section 6
National Museums under this Act
Section 15
Objects of Archaeological and Palaeontological Interest Act
Section 25
Public Prosecutions be appointed prosecutor for purposes of prosecuting offences committed under this Act
Section 57

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11 Dec 2023 · currentEnglish

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