Kenya Heroes Act

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

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

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 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 t...

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

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

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...

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

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)...

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