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Jens Pattke, 24 Jan 2015
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Jens Pattke, 24 Jan 2015
Muranga County is one of the counties of the former Central Province in
Kenya located in the centre of the country.
Jaume Ollé, 22 Jan 2015
SPECIAL ISSUE
Murang'a County Gazette Supplement No. 15 (Bills No. 13)
REPUBLIC OF KENYA
MU RANG'A COUNTY GAZETTE SUPPLEMENT BILLS, 2014 NAIROBI, 19th September, 2014
CONTENT
Bill for Introduction into the Murang'a County Assembly
TIrE MURANG'A COUNTY SYMBOLS BILL, 2014
ARRANGEMENT OF SECTIONS
PART I-PRELIMINARY
1 - Short title and commencement.
2 - Application.
3 - Interpretation.
PART II-DESCRIPTION OF THE COUNTY SYMBOLS
4 - County Flag, Coat of Arms and Public Seal.
PART III-DEVELOPMENT OF THE COUNTY SYMBOLS
5 - Authority to develop the County Symbols and the process.
6 - Establishment of the panel and its responsibilities.
PART IV - PROHIBITIONS ON THE USE OF THE COUNTY SYMBOLS, OFFENCES AI\D PENALTIES
7 - Prohibition against misuse of county symbols and offences.
8 - Power of seizure.
9 - Offences and penalties under the Act.
PART V - MISCELLANEOUS
l0 - Power to make Regulations.
THE SCHEDULE
The Murang'a County Symbols Bill, 2014
A Bill for
An Act of the County Assembly of Murang'a to give effect to section 4 of the
County Governments Act, 20l2 and for the development and use of the County flag,
county coat of arms, county public seal and other symbols of the county
government, to prevent the improper use of the county symbols and for connected
purposes.
ENACTED by the County Assembly of Murang'a as follows:
PART 1 - PRELIMINARY
1. This Bill be cited as the Murang'a County Symbols Bill,20l4 and shall come
into operation on the fourteenth day after publication in the Gazette.
2. This Bill shall apply to Murang'a County as provided in Article 6 (1) of the
Constitution, and the First Schedule to the Constitution.
3.In this Bill unless the context otherwise requires " the County flag" means
the type of county symbol developed under the Authority of the County Executive
through the consultative process provided for under section a (l) (a) of the
County Governments Act.
"the County Coat of Arms" means the type of county symbol developed under the
Authority of the County Executive through the consultative process provided for
under section 4 (1) (b) of the County Governments Act.
"the County Public Seal" means the type of county symbol developed under the
Authority of the County's Executive through the consultative process provided
for under section a (l) (c) of the County Governments Act.
"the County Symbol" means any image, object, mark, sign emblem, pennant,
insignia or ensign developed under the Authority of the County Executive and
shall include flag, County coat of arms and county seal.
"the County Executive" means the County Executive Committee of the County
Government established in accordance with Part IV of the County Governments Act
PART II - DESCRIPTION OF THE COUNTY SYMBOLS
4. (1) The flag of which the design and description are set out in Part I of the
Schedule to this Bill is hereby declared to be the county Flag of Murang'a
County.
(2) The heraldic device of which the blazon and description are set out in Part
II of the Schedule to this Bill is hereby declared to be the county Coat-of-Arms
of Murang'a County.
(3) The seal of which the design is set out in PART III of the Schedule to this
Bill is hereby declared to be the county Public Seal of Murang'a County.
PART III - DEVELOPMENT OF THE COUNTY
SYMBOLS
5. (1) The Authority to develop the county symbols shall vest in the County
Executive.
(2) County symbols shall be developed with citizen participation through a
consultative process.
(3) The County Executive shall cause to be published in a daily newspaper of
national circulation and in any other manner, notice inviting citizen
participation, at least thirty days prior to the date set for the sampling of
the County Symbols.
(4) Samples of the County Symbols developed with the citizens participation
shall be submitted to the panel appointed for the purpose within the period
specified in the notice.
(5) If at the close of the period specified in the notice under this section, no
submissions are received or those received are not of the specified standard and
quality, the County Executive may-
(a) invite fresh submissions for the second and third time by way of notice
issued in similar manner and where such other notice or notices fail to result
in the required samples.
(b) use the service of an expert secured in accordance with the provisions of
the Public Procurement and Disposal Act or the relevant procurement legislation
to develop the county symbols.
(6) The panel shall analyze the samples submitted pursuant to this section and
select from the list the best three samples from each category of symbols in the
order merit and submit to the County Executive.
(7) All samples submitted by any person for selection as county symbol shall, on
being submitted, become the sole property of the County Government.
(8) The County Executive may select the county symbols from the list submitted
by the panel in accordance with this section.
(9) The County Executive may, in its sole discretion give a reward or monetary
appreciation to any person or body for the winning samples of the county symbols
submitted pursuant to this Bill.
(10) Any dispute arising from the development of the county symbols under the
this Bill shall be resolved by the County Executive whose decision shall be
final.
6. (1) There is established a panel to be called the Murang'a County Symbols
Selection Panel.
(2) The panel shall comprise of:
(a) The relevant County Executive Member's who shall be the Chairperson
(b) Not less than four and not more than six members appointed in writing
through a competitive process and in accordance with regulations by the relevant
County Executive Committee Member
(3) Not more than one third of the members of the Panel shall be of the same
gender, at least one person shall be a person living with disability and at
least one person shall be a youth.
(4) (a) The Panel shall, at its first meeting, elect a secretary from amongst
the persons appointed.
(b) The person elected under subparagraph (4) (a) shall not be of the same
gender as the Chairperson of the Panel.
(5) In the absence of the Chairperson, the Panel shall designate one among
themselves to chair the meeting.
(6) The quorum at every meeting of the panel shall be at least one half of all
the Members.
(7) The resolution of the Panel shall be by simple majority of Members present
and voting.
(8) The responsibilities of the Panel shall be-
(a) to set the standards and quality of samples to be submitted for selection as
county symbols.
(b) to receive, analyze and select the symbols for the consideration of the
County Executive.
(c) to perform such other duties as may be allocated by the County Executive.
(9) save as herein provided, the panel shall regulate its own affairs.
(10) The panel members shall be paid such allowances as may be determined by the
County Executive in consultation with the County Public Service Board.
(11) Members of the panel shall hold title until the proposed county symbols
have been approved by the County Assembly in accordance with section.4 (2, of
the County Government Act.
PART IV - PROHIBITIONS ON THE USE OF THE COUNTY SYMBOLS, OFFENCES AND PENALTIES
7.(1) The County Executive shall be the custodian of all symbols of the county
and shall prescribe the fee at which the county symbols other than the County
Public Seal may be made available for the use of the public.
(2) County Symbols shall not be used 'except with the permission of the County
Executive in a manner authorized by this Bill or any other law.
(3) Any person who shows disrespect, in speech, manner or writing, to or with
reference to any symbol of the county shall be guilty of an offence
(4) No person shall, except with the written Permission of the County Executive:
(a) use any symbol of the county or any imitation thereof in furtherance of, or
display the same as an advertisement for any trade, business, calling, or
profession.
(b) use any symbol of the county or imitation thereof, in the title of any
patent, or in any trade mark or design.
(c) manufacture or import any article or goods bearing any symbol of the county
or any title, trade mark or design is used is used in contravention of this
Bill.
(5) A publication of a bona fide news item whether in e 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 shall,
under this section, be lawful.
(6) No Authority shall register any company, firm or other body of persons or
any trade mark or design or grant a patent where such registration or grant of
patent would violate the provisions of this Bill.
(7) Any registration made or patent granted in violation of this Bill shall be
null and void.
(8) No person shall display at any place or on any premises or permit to be so
displayed any item or imitation which was not developed as a symbol of the
county in accordance with the provisions of this Bill.
(9) Save as provided in Part VI of the Schedule to this Bill, the County
Executive may, by notice, specify the places at which and the manner by which
the county symbols shall be used or displayed.
(10) The fee payable for the use of a county symbol shall be provided in Part IV
of the Schedule to this Bill.
8. A police officer or an officer of the county Government duly authorized in
writing by the County Executive, may, upon obtaining a search warrant from the
court, enter any premise where he or she reasonably believe something which has
been used, displayed, manufactured or imported contrary to this Bill is kept and
seize the same and where he does so, shall bring it before the magistrate who
issued the search warrant, for order of its disposal.
9. Any person who violates any provision of this Bill shall be guilty of an
offence and liable on conviction to a fine not exceeding fifty thousand
shillings or to imprisonment for a term not exceeding twelve months or to both
such fine and such imprisonment.
PART V - MISCELLANEOUS
10. The County Executive make Regulations generally for carrying this Bill into effect and may by notice amend the Schedule to this Bill.
SCHEDULE - PART I The County Flag
Design
KEY DESCRIPTION
The overarching theme of the County Symbol is anchored on the fact that Murang'a is predominantly an agricultural county with rich volcanic soils, abundant rivers and favourable weather in most parts of the county. The base of the emblem reflects the topological diversity of the county ranging from the flat low lying areas of Ithanga to the high mountain ranges of the Aberdares.
The emblem also captures the main agricultural produce in the county, namely: coffee, tea, dairy, bananas, fruits and vegetables.
The rivers on the emblem depict the fact that the county has enormous potential to utilise the abundant water resources to improve agricultural production, primarily through irrigation farming instead of relying on unreliable rain fed agriculture.
The use of the shield is to reiterate the sovereignty of the Murang'a county citizens and the commitment of the County Government to harness, protect, and exploit the huge national resources for the benefit of all Murang'a citizens.
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The colours of the flag carry the following meanings: |
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GREEN |
Symbolises the rich agricultural potential of Murang'a County. Most of Murang'a County is green, having a high forest cover. It also portrays rebirth and environmental friendliness. |
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GOLD |
Gold is the colour of success, achievement and triumph. It's associated with abundance and prosperity. This underpins our slogan, 'GROWING TOGETHER" which calls upon the Murang'a citizens to join hands for the holistic development of the whole County. |
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WHITE |
Signifies optimism, imagination, hope, philosophy, peace and friendship. |
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BLACK |
Symbolises our heritage, matching boldly towards our economic emancipation and empowerment. It also signifies the mainstay of Murang'a people which is coffee, the black gold, which made made Murang'a famous in the 70s and 80s. |
PART II - THE COUNTY COAT OF ARMS
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The colours & images depicted have the following meanings: |
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Blue: |
We have plenty of rivers therefore water is an available resource. |
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Food crops: |
We are an agricultural community and this is our backbone mainly with maize, bananas, avocados, mangoes, tomatoes etc. |
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Cash crops: |
We also grow cash crops including tea and coffee. |
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Animal: |
It is our culture to own livestock like cows, goats etc. |
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Green: |
Symbolises the rich agricultural potential. |
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Gold |
Symbolises success, achievement and triumph. |
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White: |
Signifies optimism, imagination, hope, philosophy, peace and friendship. |
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Black: |
Symbolises our heritage. |
The bill continues with a description
of the county seal, regulations and prohibitions on the use of the symbols etc.
Jaume Ollé, 22 Jan 2015
