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image by Jens Pattke, 24 Jan 2015
Migori County is located in the former Nyanza Province of southwestern
Kenya on the border with Tanzania.
Jaume Ollé, 22 Jan 2015
THE COUNTY FLAG, EMBLEMS AND NAMES BILL, 2014
1 Introduction
Article 174(c) of the Constitution provides for the objectives of devolution,
which include giving ‘powers of self-governance to the people’ but at the same
time ‘foster national unity by recognizing diversity’. Essential to the
meaningful realization of these objectives is the ability of the various
counties to exhibit both the exercise and display of authority. In the
nineteenth century during the time of colonization, a key evidential factor of
control of occupied territory was the flying of the national flag of the
colonizing state. Quite apart from these physical aspects, there is a need for a
flag unique to the County. A flag reserved for specified officers. The County
Flag, Logo and Seal are a symbol of identity and exercise of authority by the
County government.
2 Objectives
The object and purpose of the Bill is to enact County legislation to:
(i) Prevent improper use of the County flag and of certain emblems, names, words
and likeness for professional and commercial purposes, and to prohibit the
display of certain flags.
(ii) Reserve the flying of the flag to His excellence The Governor, Deputy
Governor, the Executive Committee Members and the Speaker of the County
Assembly.
3 Conclusion
The Bill is crucial because as a County government we need identity. A County
flag, Logo and Seal are instruments that signify the exercise of authority. I
therefore urge the Hon. Members of legislating arm of Migori County government
to consider and approve the bill.
SCHEDULES
A Bill for
An Act of Migori County government to prevent the improper use of the County
Flag and of certain emblems, names, words and likenesses for professional and
commercial purposes, and to prohibit the display of certain flags. It reserves
the flying of the County flag to His Excellency the Governor, Deputy Governor,
Executive committee members and the Speaker of the County Assembly and also to
give His Excellency the Governor power to fly both National and county flag in
all friendly Governments.
We also want acknowledgement of all Head of governments to be allowed to fly
their flags in our county while on official duty.
Short title
1. This Act may be cited as the County Flag, Emblems and Names Act.
Interpretation
2. in this Act-
“Executive Committee Member” means the County Executive Committee Member for the
time being in charge of Public service
“Specified emblem “means any emblem, seal, flag, pennant, insignia, Ensign or
coat-of- arms of a kind specified in Part I of the first Schedule.
“Specified likeness” means any photograph, drawing or other pictorial
representation of the person for the time being holding any of the offices Or
dignities specified in part III of the First Schedule to this Act.
“Specified name” means any of the names and words specified in Part II of the
First Schedule to this Act, and includes any abbreviation of such name.
County flag, Armorial Ensigns, Public Seal declared
3 (1) The flag of which the design and descriptions are set out in part 1 of the
Second Schedule to this Act is hereby declared to be the Flag of the Migori
County government (in this Act referred to as the County Flag).
(2) The heraldic device of which the blazon and description are set out in part
II of the second Schedule to this Act is hereby declared to be the Armorial
Ensigns of Migori County (in this Act referred to as the Armorial Ensigns).
(3) The seal of which the design is set out in part III of the second Schedule
to this Act is hereby declared to be the Public Seal of Migori County.
Restrictions on flying of the County Flag
4. The flying of the County Flag is hereby reserved for use by His Excellence
the Governor, the Deputy Governor, the Executive Committee Members and the
Speaker of the County Assembly.
Insulting County flag etc.
5. Any person who shows disrespect, in speech, manner or writing, to or with
reference to the County flag, or to any specified emblem, specified likeness or
specified name, or any representation thereof, shall be guilty of an offence and
liable to a fine not exceeding five thousand shillings or to imprisonment for a
term not exceeding six months, or to both such fine and such imprisonment.
Prohibition of improper use of emblems, names and likeness
6 (1) notwithstanding anything contained in any law for the time being in force,
no person shall, except with the written permission of the Executive Committee
Member for the time being in charge of Public Service
(a) use any specified emblem, specified name or specified licenses, or any
colorable imitations thereof, in furtherance of, or display the same; as an
advertisement for; any trade, business, calling or profession; or
(b) Use any specified emblem, specified name or specified likeness, or any
colorable imitation thereof, in the title of any patent, or any trade mark or
design; or
(c) manufacture or import any article or goods bearing any specified emblem,
specified name or specified likeness, or any article or goods on which any
title, trade mark or design is used in contravention of paragraph (b) of this
subsection.
(2)Subsection (1) (a) of this section relating to the use of a specified
likeness shall not apply to the publication of a bona fide news item (whether in
a newspaper or any other medium) or to the publication in a newspaper of any
article connected with any bona fide news item other than a news item in the
furtherance of, or as advertisement for, any trade, business, calling or
profession.
(3) Any permission given under subsection (1) of this section may be given
subject to such conditions as the Executive Committee Member may deem fit.
(4) Any person who contravenes the provisions of this section shall be guilty of
an offence and liable for a fine not exceeding five thousand shillings, or to
imprisonment for a term not exceeding five thousand shillings, or to
imprisonment for a term not exceeding six months, or to both such fine and such
imprisonment.
Prohibition of registration of certain companies
7. Notwithstanding anything contained in any law for the time being in force, no
authority empowered or required by law to register any company, firm or other
body of persons, or any trade mark or design, or grant a patent, shall—
(a) Register any company, firm or other body of persons under any name; or
(b) Register a trade mark or design which bears any emblem, name, word or
likeness; or
(c) Grant a patent in respect of an invention which bears a title containing any
emblem, name or word,
If the use of such name, emblem, word or likeness would be in contravention of
section 5 of this Act, and any purported registration or grant made contrary to
this section shall be absolutely void and ineffective for all purposes.
Prohibition of display of certain flags
8. (1) No person shall display at any place or on any premises any flag or
banner or permit any flag or banner to be displayed, being in either case a flag
or banner (other than a specified emblem) which is reputed to belong, or is held
out by any authority as belonging, to the territory of Migori County or any
particular part thereof.
(2) Any person who contravenes subsection (1) of this section shall be guilty of
an offence and liable to a fine not exceeding five thousand shillings or to
imprisonment for a term not exceeding six months, or to both such fine and such
imprisonment
(3) This section shall bind the Migori County Government
Sanction for prosecution
9. No prosecution for any offence punishable under this Act shall be instituted
except with the previous sanctions in writing of the County legal officer.
Power of seizure
10. (1) If police Officer has reasonable cause to believe that something which
has been used, displayed, manufactured or imported contrary to this Act is to be
found on any premises, he may require the person in charge or appearing to be in
charge of the premises to allow him to enter the premises and to afford him all
reasonable facilities for a search thereof, and if entry cannot within a
reasonable period be so obtained the officer may without warrant enter the
premises (using force if necessary) and search therein.
(2) If a police officer finds on any premises anything in respect of which he
has reasonable cause to believe that an offence under this Act has been
committed by any person, he or she may seize that thing, and where he does so
shall bring it before a magistrate, who shall order it to be forfeited id he or
she is satisfied that it has been used, displayed, manufactured or imported
contrary to this Act, or else shall order it to be restored to the person from
whom it was seized.
Power to amend First Schedule
11. The Executive Committee Member may, by notice in the Gazette, amend the
First Schedule to this Act.
Regulations
12. The Executive Committee member may make regulations-
( a) prescribing the occasions upon which, the persons by whom and manner in
which the County Flag or the Armorial Ensigns may be flown or displayed, as the
case may be;
(b) Prohibiting, controlling or restricting the use of any specified emblem,
specified likeness or specified name;
(c) regulating the manner in which application may be made to him for his
permission under section 3 of this Act, prescribing the form of any license by
which such permission may be given and fixing any fee for such application and
license;
(d) Generally for carrying this Act into effect
FIRST SCHEDULE
Part I - County Flag
Part II - County Logo
The bill continues with a description
of the county seal.
Jaume Ollé, 22 Jan 2015
