Kenya Act or statute

Parliament of Kenya

Kenya Heroes Act

This Act may be cited as the Kenya Heroes Act. Defines "child" to include a step child or an adopted child. The Act provides a legal framework to recognise and honour national heroes. A member of…

Jurisdiction: Kenya
Structure: 30 provisions
Citation: Cap. 216B
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the Kenya Heroes Act.”

This Act may be cited as the Kenya Heroes Act. Defines "child" to include a step child or an adopted child. The Act provides a legal framework to recognise and honour national heroes. A member of the Council and the Director must, before entering office, make and subscribe the oath or affirmation in the Second Schedule before the Chief Justice. The Council must regulate its own procedure.

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PRELIMINARY - 1. Short title

This Act may be cited as the Kenya Heroes Act.

Section 1

THE NATIONAL HEROES COUNCIL - 14. Other staff

The Council may employ other officers and staff it considers necessary to carry out its functions under the Act.

Section 14

THE NATIONAL HEROES COUNCIL - 9. Diversity

When appointing persons under section 8, the appointing authority must have regard to Kenya’s socio-economic, geographical, gender and ethnic diversity and special interest groups.

Section 9

IDENTIFICATION AND DECLARATION OF HEROES - 23. Public Consultation

The Council must publish proposed national-hero names in at least two national newspapers, include specified information and invite public objections; the Council must consider objections and forward a final list to the President, who must notify declared…

Section 23

IDENTIFICATION AND DECLARATION OF HEROES - 30. Regulations

Empowers regulations specifying the categories and classes of honours to be bestowed under the Act.

Section 30

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Showing 30 of 30 provisions

Provision 26Short titleInterpretationCommencement

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Kenya Heroes Act.

Section 1. Short title Section This Act may be cited as the Kenya Heroes Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines "child" to include a step child or an adopted child.

Section 2. Interpretation Section a child, including a step child or an adopted child;

Section 2Verify source

§ 3PRELIMINARY - 3. Objects and purposes of ActProvision

The Act provides a legal framework to recognise and honour national heroes.

Section 3. Objects and purposes of Act Section 3(1) The object and purpose of this Act is to provide a legal framework for the recognition and honour of national heroes. Section 3(2) A person shall be considered a hero for purposes of this Act where the person has positively contributed selflessly and sacrificed for the country in any of the functional areas set out in the First Schedule.

Section 3Verify source

Part II

THE NATIONAL HEROES COUNCIL

§ 10THE NATIONAL HEROES COUNCIL - 10. Oath of officeProvision

A member of the Council and the Director must, before entering office, make and subscribe the oath or affirmation in the Second Schedule before the Chief Justice.

Section 10. Oath of office Section 10(1) A member of the Council and the Director shall each, before entering upon their office, make and subscribe to the oath or affirmation prescribed in the Second Schedule before the Chief Justice. Section 10(2) Every oath or affirmation made and subscribed to under this section shall be deposited with the Director and with the Chief Justice.

Section 10Verify source

§ 11THE NATIONAL HEROES COUNCIL - 11. Third Schedule to applyProvision

The Council must regulate its own procedure.

Section 11. Third Schedule to apply Section The Third Schedule shall have effect with respect to the conduct of the affairs of the Council but subject thereto the Council shall regulate its own procedure.

Section 11Verify source

§ 12THE NATIONAL HEROES COUNCIL - 12. DirectorProvision

The Council must appoint a Director by an open and competitive process; the Director is head of the Secretariat and chief executive and has specified duties (a)–(i); the Cabinet Secretary may approve the Director's terms in consultation with the Committee.

Section 12. Director Section 12(1) There shall be a Director of the Council who shall be appointed by the Council, through an open and competitive process, on such terms and conditions as the Cabinet Secretary may, in consultation with the Committee, approve. Section 12(2) The Director shall be the head of the Council’s Secretariat and shall be the chief executive and Secretary to the Council. Section 12(3)(a) the day-to-day administration of the affairs of the Council; Section 12(3)(b) the co-ordination of the Council’s studies, research and evaluation; Section 12(3)(c) the recording of the proceedings of the meetings of the council; Section 12(3)(d) custody of all records and documents of the Council; Section 12(3)(e) collection and verification of data on proposed national heroes; Section 12(3)(f) documentation of nominations of national heroes to the Council; Section 12(3)(g) fund-raising and the management of funds and resources; Section 12(3)(h) management of information; and Section 12(3)(i) management of heroes’ squares and other monuments to national heroes.

Section 12Verify source

§ 13THE NATIONAL HEROES COUNCIL - 13. Qualifications of DirectorProvision

Director must hold at least a Master’s degree from a university recognised in Kenya in any field relevant to the position applied for.

Section 13. Qualifications of Director Section holds at least Master’s degree from a university recognised in Kenya in any field relevant to the position applied for; and

Section 13Verify source

§ 14THE NATIONAL HEROES COUNCIL - 14. Other staffProvision

The Council may employ other officers and staff it considers necessary to carry out its functions under the Act.

Section 14. Other staff Section The Council may employ such other officers and staff as it may deem necessary for the discharge of its functions under this Act.

Section 14Verify source

§ 15THE NATIONAL HEROES COUNCIL - 15. Delegation of functionsProvision

The Council may set up committees and give them functions; those committees may hire experts to assist with their work.

Section 15. Delegation of functions Section 15(1) The Council may establish and assign functions to such committees as it may consider necessary for the better carrying out of its functions under this Act. Section 15(2) The committees established under subsection (1) may from time to time hire experts to assist in carrying out work in their area of expertise.

Section 15Verify source

§ 16THE NATIONAL HEROES COUNCIL - 16. Administration of system in the CountiesProvision

The County Executive Committees shall be responsible for administering the heroes’ honours system in their counties.

Section 16. Administration of system in the Counties Section The County Executive Committees established under Article 183 of the Constitution shall be responsible for the administration of the heroes’ honours system in their respective counties in accordance with the provisions of this Act.

Section 16Verify source

§ 4THE NATIONAL HEROES COUNCIL - 4. Establishment of the CouncilProvision

Establishes the National Heroes Council.

Section 4. Establishment of the Council Section 4(1) There is established a Council to be known as the National Heroes Council. Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding, charging, or disposing of movable and immovable property; and Section 4(2)(c) doing or performing all such other acts or things as may be necessary for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate. Section 4(3)(a) a chairperson, who shall be appointed by the Cabinet Secretary; Section 4(3)(b) the Principal Secretary in the Ministry responsible for matters relating to heroes or a designated representative; Section 4(3)(c) the Principal Secretary in the Ministry responsible for matters relating to finance or a designated representative; Section 4(3)(d) the Attorney-General or a designated representative; and Section 4(3)(e) six other members qualified in terms of section 8 appointed by the Cabinet Secretary. Section 4(4) The Council may, from time to time, hire as consultants such suitably qualified persons as it may require in specific cases. Section 4(5) Not more than two-thirds of the members of the Council shall be of the same gender.

Section 4Verify source

§ 5THE NATIONAL HEROES COUNCIL - 5. Functions of the CouncilProvision

The Council must formulate and implement policy relating to national heroes.

Section 5. Functions of the Council Section formulate and implement policy relating to national heroes;

Section 5Verify source

§ 6THE NATIONAL HEROES COUNCIL - 6. Powers of the CouncilProvision

The Council has all powers necessary and expedient to perform its functions and may exercise specific financial and administrative powers listed in the section.

Section 6. Powers of the Council Section 6(1) Subject to this Act, the Council shall have all the powers necessary and expedient for the performance of its functions. Section 6(2)(a) manage, control and administer the assets of the Council in such manner and for such purposes as best promote the purposes for which it is established; Section 6(2)(b) receive any gifts, grants, donations or endowments made to the Council or any other monies in respect of the Council and make disbursements therefrom in accordance with the provisions of this Act; Section 6(2)(c) determine the provisions to be made for capital and recurrent expenditure and for reserves of the Council; Section 6(2)(d) open a banking account or banking accounts for the funds of the Council; and Section 6(2)(e) invest any monies of the Council not immediately required for the purposes of this Act in such manner as it may deem appropriate.

Section 6Verify source

§ 7THE NATIONAL HEROES COUNCIL - 7. Values and principlesProvision

Lists the national values and principles: patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people.

Section 7. Values and principles Section patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;

Section 7Verify source

§ 8THE NATIONAL HEROES COUNCIL - 8. Qualifications for appointment as memberProvision

Lists qualifications required to be appointed as a member (citizenship, sound mind, good character and integrity) and disqualifications (undischarged bankrupt, serving public officer as defined, violation of Chapter Six).

Section 8. Qualifications for appointment as member Section 8(1)(a) is a citizen of Kenya; Section 8(1)(b) religious and spiritual affairs; Section 8(1)(b)(i) religious and spiritual affairs; Section 8(1)(b)(ii) culture; Section 8(1)(b)(iii) education; Section 8(1)(b)(iv) public affairs; Section 8(1)(b)(v) security, law and order; Section 8(1)(b)(vi) sports; Section 8(1)(b)(vii) human rights; or Section 8(1)(b)(viii) environment; Section 8(1)(c) is of sound mind; and Section 8(1)(d) is of good character and integrity. Section 8(2)(a) an undischarged bankrupt; or Section 8(2)(b) a serving public officer within the meaning of the Public Officer Ethics Act (Cap. 185B); Section 8(2)(c) in violation of Chapter Six of the Constitution.

Section 8Verify source

§ 9THE NATIONAL HEROES COUNCIL - 9. DiversityProvision

When appointing persons under section 8, the appointing authority must have regard to Kenya’s socio-economic, geographical, gender and ethnic diversity and special interest groups.

Section 9. Diversity Section In appointing persons under section 8 the appointing authority shall have regard to Kenya’s socio-economic, geographical, gender and ethnic diversity and special interest groups.

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 17FINANCIAL PROVISIONS - 17. Funds of the CouncilProvision

The Council's funds include monies from Parliament, assets accruing to the Council, and other provided or donated monies; the Council must pay from those funds sums to meet its expenditure under the Act and must not accept grants or donations that require it to perform functions beyond its duties under the Act.

Section 17. Funds of the Council Section 17(1)(a) such monies as may be provided by Parliament; Section 17(1)(b) such monies or assets as may accrue to or vest in the Council in the course of the exercise of its powers and the performance of its functions under this Act; and Section 17(1)(c) all monies from any other source provided for or donated or lent to the Council. Section 17(2) There shall be paid out of the funds of the Council all sums required to defray the expenditure incurred by the Council in the exercise of its powers and the performance of its functions under this Act. Section 17(3) The Council shall not accept any grant, gift, donation or request made on the condition that the Council performs any function or discharges any duty or obligation other than duties under this Act.

Section 17Verify source

§ 18FINANCIAL PROVISIONS - 18. Financial yearProvision

The Council's financial year is a twelve-month period ending on 30 June each year.

Section 18. Financial year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth June in each year.

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Annual estimatesCommencement

The Council must prepare annual revenue and expenditure estimates at least five months before each financial year and must approve and submit those estimates to the Cabinet Secretary at least two months before the financial year.

Section 19. Annual estimates Section 19(1) At least five months before the commencement of each financial year, the Council shall cause to be prepared the estimates of the revenue and expenditure of the Council for that year. Section 19(2)(a) the payment of salaries, allowances and other charges in respect of the staff and the members of the Council; Section 19(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Council; and Section 19(2)(c) the acquisition, maintenance, repair and replacement of the equipment and other movable property of the Council. Section 19(3) The annual estimates shall be approved by the Council at least two months before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval. Section 19(4) No expenditure shall be incurred for the purposes of the Council except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Council given with prior written approval of the Cabinet Secretary and the Principal Secretary to the National Treasury.

Section 19Verify source

§ 20FINANCIAL PROVISIONS - 20. Accounts and auditProvision

The Council must cause proper books and records of account to be kept for its income, expenditure and assets.

Section 20. Accounts and audit Section 20(1) The Council shall cause to be kept proper books and records of account of its income, expenditure and assets. Section 20(2) The accounts of the Council shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 20Verify source

§ 21FINANCIAL PROVISIONS - 21. Establishment of the National Heroes’ FundProvision

Establishes the National Heroes Fund and sets administration and appointment arrangements for trustees; trustees must develop principles for granting monies and trustees are appointed by the Cabinet Secretary by notice in the Gazette.

Section 21. Establishment of the National Heroes’ Fund Section 21(1) There is established a fund to be known as the National Heroes Fund. Section 21(2)(a) such monies as may be specifically designated to it by the Council out of its own funds; Section 21(2)(b) such monies as may be received by the Council for the Fund in the form of donations, endowments, grants or bequests from any source; and Section 21(2)(c) income from investment made by the trustees appointed under subsection (4); and Section 21(2)(d) such other monies as may, by or under any other law, be payable into the Fund. Section 21(3) The income from the Fund shall be used for the benefit of national heroes who are in need of financial assistance and their dependants. Section 21(4) The Fund shall subject to this Act, be administered by a Board of Trustees who shall be appointed by the Cabinet Secretary by notice in the Gazette . Section 21(5) The trustees shall develop and apply principles governing the grant of monies from the Fund and for achieving the object of the Fund.

Section 21Verify source

Part IV

IDENTIFICATION AND DECLARATION OF HEROES

§ 22IDENTIFICATION AND DECLARATION OF HEROES - 22. Call for nominations and selectionProvision

The Council may publish notices to call for nominations for heroes; members of the public, organizations, groups or institutions may make nominations; nominations are vetted by an appropriate committee; and the Council must apply the First Schedule criteria to decide designation.

Section 22. Call for nominations and selection Section 22(1) The Council may, from time to time, by notice published in the print and electronic media, call for proposals for nomination of suitable persons to be recommended for declaration as heroes. Section 22(2) A nomination under this section may be made by a member of the public, an organization, a group of persons or an institution. Section 22(3) Nominations received under this section shall be referred to the appropriate committee of the Council for vetting before being considered by the full Council. Section 22(4) The Council shall on receipt of the names of the nominees forwarded under subsection (3), apply the criteria set out in the First Schedule to determine whether the proposed nominee qualifies for designation as a hero under this Act.

Section 22Verify source

§ 23IDENTIFICATION AND DECLARATION OF HEROES - 23. Public ConsultationProvision

Section 23. Public Consultation Section 23(1) The Council shall, by notice in at least two newspapers of national circulation, publish the names of all persons proposed to be declared as national heroes under this Act. Section 23(2)(a) specify the names of the persons proposed to be so declared; Section 23(2)(b) set out a brief summary of the achievements for which such declaration is proposed to be made; and Section 23(2)(c) invite objections and representations from members of the public who are of the opinion that the proposed honour is not deserved. Section 23(3) The Council shall consider all objections received pursuant to subsection (2)(c) and draw up a final list of names of the persons confirmed as qualified to be declared as heroes, which it shall forward to the President for such declaration. Section 23(4) The names of all persons declared as heroes shall be notified by the President by notice in the Gazette .

Section 23Verify source

§ 24IDENTIFICATION AND DECLARATION OF HEROES - 24. InvestitureProvision

The President must invest all heroes under this Act with the honour at a public ceremony.

Section 24. Investiture Section 24(1) All heroes under this Act shall be invested with that honour by the President at a public ceremony. Section 24(2) The investiture of heroes shall take place during Mashujaa Day, celebrated on the twentieth October in each year, and the person so invested shall be awarded the certificate set out in the Fourth Schedule. Section 24(3) The honours proposed by this Act may be awarded during the lifetime of the hero or posthumously.

Section 24Verify source

§ 25IDENTIFICATION AND DECLARATION OF HEROES - 25. Forms of recognition and honour of national heroesProvision

The Council must establish and maintain a public Heroes’ Register at Heroes’ Squares; the Council may build and maintain symbolic tombs, monuments and statues and preserve related materials, and the Council has power to determine commemorative items to be issued from time to time.

Section 25. Forms of recognition and honour of national heroes Section 25(1)(a) invitations to national and community functions as a state guest; Section 25(1)(b) having cultural festivals, concerts, exhibitions and sports events organized in their honour; Section 25(1)(c) having towns, institutions, open parks in urban areas, roads, streets, estates, stamps and notable landmarks named after the hero; Section 25(1)(d) the award of medals, insignia, commendations, certificates and such other commemorative as may be determined by the Council from time to time; Section 25(1)(e) the issuance of such postage stamps, scarves, mementoes, utensils, apparel and artefacts as may be determined by the Council from time to time; Section 25(1)(f) the publication of books depicting their respective roles in the country’s history or the social life of the society, which shall be part of the educational curriculum; or Section 25(1)(g) being accorded financial assistance from the Fund where their economic circumstances warrant such assistance. Section 25(2)(a) the highest attainable standard of health care services, including reproductive health care; Section 25(2)(b) accessible and adequate housing and reasonable standards of sanitation; Section 25(2)(c) adequate food of acceptable quality; Section 25(2)(d) clean and safe water in adequate quantities; Section 25(2)(e) social security; Section 25(2)(f) free education for their dependants of school-going age up to tertiary level; Section 25(2)(g) free transport to public functions to which they are invited within the country; and Section 25(2)(h) employment opportunities for their dependants who have relevant qualifications. Section 25(3) The Council shall establish and maintain a Heroes’ Register which shall be available to the public at the Heroes’ Squares established under section 27 . Section 25(4) Notwithstanding the place of burial of a hero, the Council may whenever it considers it necessary or appropriate, build and maintain symbolic tombs, monuments and statues in honour of such hero and may preserve plaques, material culture, photographs, memoirs and histories of the hero at the Heroes’ Square.

Section 25Verify source

§ 26IDENTIFICATION AND DECLARATION OF HEROES - 26. Establishment of Heroes’ SquaresProvision

The Council may establish and maintain Heroes’ Squares in places it deems appropriate.

Section 26. Establishment of Heroes’ Squares Section The Council may establish and maintain Heroes’ Squares, in such places as it may deem appropriate.

Section 26Verify source

§ 27IDENTIFICATION AND DECLARATION OF HEROES - 27. Registration and assistance of dependantsProvision

The Council registers or declines applicants as dependants of national heroes; registered dependants may be eligible for Fund assistance subject to Council assessment, with special time rules for children and widows/widowers and cessation on remarriage.

Section 27. Registration and assistance of dependants Section 27(1)(a) to be registered as a dependant of a hero; and Section 27(1)(b) to be considered for State assistance. Section 27(2)(a) register the applicant as a dependant of the national hero on his own or together with other persons; or Section 27(2)(b) decline to register the applicant and notify him of the decision in writing. Section 27(3) Where the Council registers a person as a dependant of a hero, the registered dependant shall be eligible for assistance out of the Fund where such assistance is deemed appropriate by the Council, taking account of the economic circumstances of that person. Section 27(4)(a) the relationship of the applicant to the hero; Section 27(4)(b) the number of other registered dependants of the hero to be supported by the applicant; Section 27(4)(c) the resources available for meeting the reasonable needs of the applicant and any other registered dependant of the hero to be supported by the applicant; and Section 27(4)(d) whether the applicant or any other registered dependant of the hero supported by the applicant is in gainful employment or has any income-generating activity. Section 27(5)(a) where the registered dependant is a child, the assistance shall be given until the child attains the age of eighteen years, or for such longer period as the Council may determine; Section 27(5)(b) where the registered dependant is a widow or widower, the assistance shall be given for life or for such shorter period as the Council may determine. Section 27(6) The assistance given under this section to a dependant who is a widow or widower of a hero shall cease upon remarriage.

Section 27Verify source

§ 28IDENTIFICATION AND DECLARATION OF HEROES - 28. Appeals by dependantsProvision

A dependant aggrieved by a Council decision may appeal to the Cabinet Secretary within thirty days of communication; the Cabinet Secretary may confirm the decision or remit it to the Council with recommendations.

Section 28. Appeals by dependants Section 28(1) A dependant who is aggrieved by the decision of the Council under this Part may appeal to the Cabinet Secretary within thirty days of the communication of the decision of the Council. Section 28(2)(a) confirm the decision of the Council; or Section 28(2)(b) remit the matter to the Council for further consideration together with any appropriate recommendation. Section 28(3)(a) in the first instance where no appeal is made; or Section 28(3)(b) upon reconsideration of a matter on the direction of the Cabinet Secretary under subsection (2)(b),

Section 28Verify source

§ 29IDENTIFICATION AND DECLARATION OF HEROES - 29. Withdrawal of honoursOffence

The Council may appoint a committee of its members to investigate allegations of misconduct against a hero and require a report within a specified period.

Section 29. Withdrawal of honours Section 29(1) The Council may, on its own motion or upon receipt of allegations of misconduct by a hero from any person or institution, appoint a committee of its members to investigate the allegations and make a report to it within a specified period. Section 29(2)(a) may adduce evidence from the complainants or from any other person to prove the allegations; and Section 29(2)(b) shall accord the person against whom the allegations are made a chance to be heard in his own defence. Section 29(3)(a) caution or censure the person; or Section 29(3)(b) withdraw all the privileges attaching to the declaration of a hero under this Act and order the removal of the name of such person from the Heroes Register. Section 29(4)(a) conviction by a court of law of a cognisable offence and sentence to a term of imprisonment; or Section 29(4)(b) any form of conduct that is in violation of Chapter Six of the Constitution.

Section 29Verify source

§ 30IDENTIFICATION AND DECLARATION OF HEROES - 30. RegulationsProvision

Empowers regulations specifying the categories and classes of honours to be bestowed under the Act.

Section 30. Regulations Section the categories and classes of honours to be bestowed under this Act;

Section 30Verify source

Legislative relationships

4 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

Act The Act
Section 3
Council Section 6(1) Subject to this Act
Section 6
Council shall be audited and reported upon in accordance with the Public Audit Act
Section 20

N–S

1 instrument

Public Officer Ethics Act
Section 8

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