Collegeof Arms Cap 98 - as Plain Text by MWakili

LAWS OF KENYA The College of Arms ACT Chapter 98 Revised Edition 2009 (1970) Published by the National Council for Law Reporting with the Authority of the Attorney General 2 CAP.

98 College of Arms [Rev.

2009 CHAPTER 98 THE COLLEGE OF ARMS ACT ARRANGEMENT OF SECTIONS Section 1Short title.

2Interpretation.

3Establishment of College of Arms.

4Application for grants of arms.

5Grant of arms.

6Registration of arms.

7Misuse of arms.

8Evidence.

9Rules.

Rev.

2009] College of Arms CAP.

98 3 CHAPTER 98 THE COLLEGE OF ARMS ACT 19 of 1968, 7 of 1975, th 11 of 1993, Commencement: 19 April, 1968 2 of 2002.

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 1.

This Act may be cited as the College of Arms Act.

Short title.

2.

In this Act Interpretation.

arms means any coat of arms, crest, seal or other armorial bearing, other than a specied emblem; 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; specied emblem has the meaning assigned to it in the National Flag, Emblems and Names Act.

the College of Arms means the College of Arms established Cap.

99.

by section 3 of this Act; 3.

(1) There is hereby established a college of arms, to be known Establishment of as the College of Arms, which shall consist of College of Arms.

7 of 1975, Sch., (a) the Minister, or the person deputed by him, who shall be 11 of 1993, Sch.

chairman; and (b) four persons appointed by the Mininster.

(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.

4.

(1) Any person who desires a grant of arms may apply therefor Application for to the College of Arms, submitting full particulars of the design of the grants of arms.

arms applied for, together with the prescribed fee and such further sum 2 of 2002, Sch.

as the College of Arms may stipulate on account of the expenses it may incur in connexion with the application.

4 CAP.

98 College of Arms [Rev.

2009 (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 specied emblem; and (c) whether the design accords with the principles of heraldry and is of sufcient artistic merit to warrant a grant of arms.

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 of opinion that it is a proper 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.

Registration of arms.

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 satised 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 le a copy of the grant in the register, and that copy shall form part of the register.

Rev.

2009] College of Arms CAP.

98 57.

(1) Where arms have been registered under this Act, no person Misuse of arms.

other than the grantee or his heirs shall display or otherwise use those arms except with the license in writing of the grantee.

(2) Any person who contravenes subsection (1) of this section shall be guilty of an offence and liable to a ne not exceeding ve thousand shillings.

8.

(1) Those parts of the register which purport to be copies of Evidence.

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 certied 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 certicate 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 Rules.

provisions and purposes of this Act.

6 CAP.

98 College of Arms [Rev.

2009 [Subsidiary] SUBSIDIARY LEGISLATION L.N.

157/1968.

Rules under section 9L.N.

52/1977, L.N.

87/1997, THE COLLEGE OF ARMS RULES L.N.

72/2003.

Citation.

1.

These Rules may be cited as the College of Arms Rules.

Mode of application.

2.

(1) An application for a grant of arms under section 4 (1) of the Act shall be in duplicate in form CA1 in the Schedule to these Rules, and shall be made to the registrar.

(2) An application for the registration of a grant of arms under section 6 (2) of the Act shall be in form CA2 in the Schedule to these Rules, and shall be made to the registrar, and shall be accompanied by the original grant, or a copy of the grant certied by or on behalf of the authority which granted the arms to be a true copy of the grant.

Fees.

3.

(1) The fee which a person applying for a grant of arms shall pay ( in L.N.

52/1977, addition to the further sum which the College of Arms stipulates on account of L.N.

87/1997, expenses it may incur in connection with the application without prejudice to L.N.

72/2003.

section 5(2) of the Act) shall be KSh.

10,000.

(2) A person applying for the registration of a grant of arms shall pay a fee of KSh.

5,000.

(3) Fees and further sums payable on account of expenses of the College of Arms shall be paid to the registrar.

(4) Where a grant of arms has been made and registered, the registrar shall refund to the applicant the unspent balance of the sum paid by him on account of expenses of the College of Arms.

Inspection of register.

4.

The register of arms may be inspected at the ofce of the registrar between the hours of 9a.m.

and 12.30 p.m., and between 2.15 p.m.

and 3.30 p.m., on payment of a fee of Sh.

5.

Rev.

2009] College of Arms CAP.

98 7 [Subsidiary] SCHEDULE (r.

2) FORM CA1 ThE COllEGE OF ARMS ACT (Cap.

98) ApplICATION FOR A GRANT OF ARMS (Section 4 (1)) Application is hereby made by (a).

(a) State full name of.

individual or.

corporate body.

.

.

.

.

.

of (b).

(b) Insert full.

address.

.

for a grant of arms described as follows (c) (c) A full.

heraldic.

.

description in the.

English language.

must be given.

.

.

.

Six representations of the arms are annexed hereto (d).

(d) The representation must contain accurate detail and conform to Dated this.

day of.

, 19.

.

the colours given in the description at (c).

(e).

(e) Signature of applicant.

To: The Registrar of the College of Arms, P.O.

Box 30031, NAIROBI.

NOTE: A fee of Sh.

300 is payable on application and a further payment may be required to cover the expenses incurred by the College of Arms.

FORM CA2 8 CAP.

98 College of Arms [Rev.

2009 [Subsidiary] ThE COllEGE OF ARMS ACT (Cap.

98) ApplICATION FOR REGISTRATION OF GRANTS OF ARMS (Section 6 (2)) a) State full name of Application is hereby made by (a).

individual or.

corporate body.

.

.

.

.

(b) Insert full of (b).

address.

.

.

.

(c) State the name of for the registration of the grant of arms obtained in (c).

the country in which and described as follows (d) the grant of arms was.

obtained.

.

.

(d) A full.

heraldic.

description in the.

English language.

must be given.

.

.

(e) The copy must be The original grant [or] a certied copy (e) of the grant is annexed certied to be a true hereto.

copy by the authority issuing the grant in the country of origin.

Dated this.

day of.

, 19.

.

(f) Signature of (f).

applicant.

To: The Registrar of the College of Arms, P.O.

Box 30031, NAIROBI.

NOTE: A fee of Sh.

200 is payable on application.

.