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 | | From: | smszabo at acay.com.au | | Subject: | Re: Heraldry in Kenya | | Date: | 23 Jan 2005 00:45:54 -0800 |
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 | For those who may be interested, the text of the Kenyan College of Arms
Act follows. It was originally typed in Word, so the formatting may
end up shot to pieces, but hopefully it makes sense.
SMS
An Act of Parliament to establish a College of Arms, to
provide for the grant of arms and the registration of
such grants, and to prohibit the misuse of arms which
have been granted.
Short title. 1. This Act may be cited as the College of Arms Act.
2. In this Act -
"arms" means any coat of arms, crest, seal or other
armorial bearing, other than a specified emblem;
"the College of Arms" means the College of Arms estab-
lished by section 3 of this Act;
"design", in relation to arms, means the design of the arms and the
nature of any device thereon and any words or signs written thereon;
"specified emblem" has the meaning assigned to it in the National
Flag, Emblems and Names Act.
3. (1) There is hereby established a college of arms, to be known as
the College of Arms, which shall consist of -
(a) the Minister, or the person deputised by him, who shall be the
chairman;
(b) three persons appointed by the Minister.
(2) A quorum of the College of Arms shall be three.
(3) The College of Arms may regulate its own procedure.
(4) The College of Arms shall have a Registrar, who shall be the
Registrar-General, or a person deputed by him in that behalf.
4. (1) Any person who desires a grant of arms may apply therefore to
the College, submitting full particulars of the design of the arms
applied for, together with the prescribed fee and such further sum as
the College of Arms may stipulate on account of the expense it may
incur in connexion with the application.
(2) The College of Arms shall consider any application for a grant of
arms which it receives, and may consult any other person or institution
for the purpose of satisfying itself as to the merit of the application
and may employ any person to render services.
(3) In considering an application for a grant of arms, the College of
Arms shall take into consideration the following matters -
(a) the propriety of the design;
(b) whether the design resembles that of any other arms registered
under this Act or granted by authority in another country or a
specified emblem; and
(c) whether the design accords with the principles of heraldry and is
of sufficient artistic merit to warrant a grant of arms.
5. (1) The College of Arms may make a grant of arms on application
being made to it under section 4 of this Act, if it is off the opinion
that it is a roper case for a grant.
(2) Before making a grant of arms, the College of Arms shall
ascertain the expenses incurred by it in connexion with the
application, and shall -
(a) refund to the applicant the unexpended balance of any sum collected
from him under section 4 (1) of this Act; or
(b) collect from the applicant the remaining balance of its expenses in
connexion with the application,
as the case may be.
6. (1) After making a grant of arms, the College of Arms shall
deliver it to the registrar of the College for registration, and the
registrar shall register it and deliver it to the applicant.
(2) Any person who has received a grant of arms from the proper
authority in another country may apply to the registrar for its
registration, and the registrar, if he is satisfied that the arms do
not resemble any other arms registered under this Act so as to be
likely to mislead, may register the grant accordingly.
(3) When registering a grant of arms under this section, the
registrar shall file a copy of the grant in the register, and that copy
shall form part of the register.
7. (1) Where arms have been registered under this Act, no person
other than the grantee or his heirs shall display or otherwise use
those arms except with the licence in writing of the grantee.
(2) Any person who contravenes subsection (1) of this section
shall be guilty of an offence and is liable to a fine not exceeding
five thousand shillings.
8. (1) Those parts of the register which purport to be copies of grants
of arms shall in all legal proceedings be presumed to be true copies of
those grants until the contrary is proved.
(2) An extract from the register kept under this Act, or a copy of
any part of the register, which purports to be certified under the hand
of the registrar to be a true extract or copy shall in all legal
proceedings be admissible as prima facie evidence of the contents of
the register.
(3) A certificate purporting to be given under the hand of the
registrar that particular arms are registered, or that they are not
registered, shall in all legal proceedings be evidence that the arms
are registered, or are not registered, as the case may be, until the
contrary is proved.
(4) The registrar shall not, in any legal proceedings to which he is
not a party, be compellable -
(a) to produce any document the contents of which can be proved under
subsection (1) of this section; or
(b) to appear as a witness to prove the matters recorded in the
register,
unless the court for special cause otherwise orders.
9. The Minister may make rules for the better carrying out of the
provisions and purposes of this Act.
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| | From: | Jan Böhme | | Subject: | Re: Heraldry in Kenya | | Date: | Sun, 23 Jan 2005 21:49:20 +0100 |
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| On 23 Jan 2005 00:45:54 -0800, smszabo@acay.com.au wrote:
>For those who may be interested, the text of the Kenyan College of Arms
>Act follows.
>
>4. (1) Any person who desires a grant of arms may apply therefore to
>the College, submitting full particulars of the design of the arms
>applied for, together with the prescribed fee and such further sum as
>the College of Arms may stipulate on account of the expense it may
>incur in connexion with the application.
Interesting. It would seem as if Kenya, just as South Africa, does not
limit its capacity to grant arms to either citizens or residents.
I wonder how an overseas application to the Kenyan College of Arms
would be received?
Jan Böhme
Korrekta personuppgifter är att betrakta som journalistik.
Felaktigheter utgör naturligtvis skönlitteratur.
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