National Museums and Heritage Act

Section 1. Short title Section This Act may be cited as the National Museums and Heritage Act.

Section 2. Interpretation Section 2(1)(a) monuments; Section 2(1)(b) architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of universal value from the point of view of history, art or science; Section 2(1)(c) groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding value from the point of view of history, art or science; Section 2(1)(d) works of humanity or the combined works of nature and humanity, and areas including archaeological sites which are of outstanding value from the historical, aesthetic, ethnological or anthropological point of view, and includes objects of archaeological or palaeontological interest, objects of historical interest and protected objects; Section 2(1)(a) a place or immovable structure of any age which, being of historical, cultural, scientific, architectural, technological or other human interest, has been and remains declared by the Cabinet Secretary under section 25 (1)(b) to be a monument; Section 2(1)(b) a rock-painting, carvin...

Section 3. Establishment of the National Museums of Kenya Section suing and being sued;

Section 4. Functions of National Museums Section serve as national repositories for things of scientific, cultural, technological and human interest;

Section 5. Powers of the National Museums Section 5(1)(a) purchase or exchange, take on lease, or acquire by gift or otherwise, movable or immovable property including an existing museum, for any purpose of or connected with the National Museums; Section 5(1)(b) sell, lease or exchange immovable property from time to time vested in the National Museums which is no longer, or not for the time being, required for any such purposes; Section 5(1)(c) erect, maintain and improve buildings, including staff quarters, to be used for any such purpose; Section 5(1)(d) mortgage or charge immovable property from time to time vested in the National Museums as security for repayment, with or without interest, of any money borrowed for the purposes of the National Museums; Section 5(1)(e) appoint advisory committees for museums; Section 5(1)(f) acquire by way of gift or purchase, or accept by way of loan or deposit, any object of scientific, cultural, technological, historical or human interest; Section 5(1)(g) sold, given away, mortgaged, pledged or in any way permanently disposed of save under authority of a resolution of the Board and with the consent in writing of the Cabinet Secretary; or Sec...

Section 6. Board of Directors Section 6(1)(a) a chairperson appointed by the Cabinet Secretary after consultation with the President; Section 6(1)(b) four persons representing scientific interests appointed by the Cabinet Secretary of whom one shall be nominated by Nature Kenya, one by the University of Nairobi, one from one other university and one from the National Commission for Science, Technology and Innovation; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for national heritage; Section 6(1)(d) the Principal Secretary in the Ministry for the time being responsible for finance; Section 6(1)(e) the Principal Secretary in the Ministry for the time being responsible for defence; Section 6(1)(f) not more than three persons to be appointed by the Cabinet Secretary by virtue of their outstanding interest in and contribution to the work of national museums; Section 6(1)(g) one person appointed by the Cabinet Secretary from the private sector; Section 6(1)(h) one person appointed by the Cabinet Secretary upon nomination by the Kenya Tourist Board; Section 6(1)(i) a Director-General appointed by the Cabinet Secretary after consultation with the...

Section 7. Tenure of office Section 7(1) The chairperson or a member of the Board other than an ex officio member shall hold office for a period of three years and shall be eligible for re-appointment. Section 7(2) The quorum of the Board shall be seven members excluding the ex officio members. Section 7(3) The powers of the Board shall not be affected by any vacancy in the membership thereof. Section 7(4) A member of the Board, other than an ex officio member, may resign his office by notice in writing under his hand addressed to the Cabinet Secretary.

Section 8. Termination of appointment of the chairperson and members of the Board Section is unable to perform the functions of his office by reason of mental or physical infirmity;

Section 9. Disclosure of interest by chairperson and members of the Board Section 9(1) The Chairperson or a member of the Board who has a direct or indirect personal interest in a matter being considered or to be considered by the Board shall, as soon as reasonably practicable after the relevant facts concerning the matter have come to his knowledge, disclose the nature of his interest to the Board. Section 9(2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting of the Board and the chairperson or member shall not take part in the consideration or discussion of or vote during any deliberations on the matter by the Board.

Section 10. Meetings of the Board Section 10(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Schedule, but subject thereto, the Board may regulate its own procedure. Section 10(2) The Board may co-opt any person to participate in its deliberations on any particular issue, but a person so co-opted shall have no right to vote at any meeting of the Board.

Section 11. Delegation by the Board Section The Board may, by resolution generally or in any particular case, delegate to any committee of the Board the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Section 12. Protection from personal liability Section Subject to section 13 , no matter or thing done by a member of the Board or agent of the Board shall, if the matter or thing is done bona fide for executing the functions, powers and duties of the Board under this Act, render the member, or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.

Section 13. Liability of the Board in contract and tort Section The provisions of section 12 shall not relieve the Board of the liability in tort or contract, to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act, or any other written law.

Section 14. The Director-General Section 14(1) There shall be a Director-General of the National Museums, who shall be appointed by the Cabinet Secretary on the recommendation of the Board on terms and conditions specified in the instrument of his appointment. Section 14(2) The Director-General shall hold the minimum of a doctorate and have experience in any field or discipline relating to the work of the National Museums. Section 14(3) The Director-General shall be the chief executive officer of the National Museums and shall be responsible to the Board for the day-to-day management of the National Museums.

Section 15. Staff Section The Board may appoint such officers and staff as are necessary for the proper discharge of the functions of the National Museums under this Act upon such terms and conditions of service as the Board may determine.

Section 16. Appointment of advisory committees Section 16(1) The National Museums may appoint a separate advisory committee for any national museum or group of national museums. Section 16(2) An advisory committee may include at least one person nominated by the local authority in whose jurisdiction the national museum is situated. Section 16(3) Except as otherwise provided by any regulations made under this Act, the National Museums may delegate to an advisory committee all or any of its powers and obligations under this Act in respect of the museums for which the committee has been appointed.

Section 17. National Museums to undertake research, etc. Section The National Museums may, so far as its financial and other resources permit, undertake research and conduct other activities of scientific, cultural, technological or human interest by means of lectures, exhibits, tours or publications.

Section 18. Funds of the National Museums Section such monies as may be appropriated by Parliament for the purposes of the National Museums;

Section 19. Financial year Section The Financial Year of the National Museums shall be the period of twelve months ending on thirtieth June in every year.

Section 20. Annual estimates Section 20(1) The Board shall before the commencement of a financial year cause to be prepared estimates of revenue and expenditure of the Board for that financial year. Section 20(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the National Museums; Section 20(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the National Museums; Section 20(2)(c) the proper maintenance of buildings and grounds of the National Museums; Section 20(2)(d) the funding of training, research and development activities of the National Museums; Section 20(2)(e) the acquisition, maintenance, repair and replacement of the equipment and other movable property of the National Museums; Section 20(2)(f) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matters as the Board may deem appropriate. Section 20(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate...

Section 21. Investment of funds Section The Board may invest any of the funds of the National Museums in securities in which for the time being trustees may by law invest funds or in any other securities which the Treasury may from time to time approve for that purpose.

Section 22. Restriction on loans to Board member and staff Section The National Museums may not grant to a member of the Board or staff any loan or advance, or arrange any credit facility for the member except with regulations made by it under this section and approved by the Treasury.

Section 23. Accounts and audit Section 23(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the National Museums. Section 23(2)(a) a statement of income and expenditure during the year; and Section 23(2)(b) a statement of the assets and liabilities of the National Museums on the last day of that year. Section 23(3) The accounts of the National Museums shall be audited by the Auditor-General or by an auditor appointed by the Board with the written approval of the Auditor-General. Section 23(4) The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Auditor-General. Section 23(5) The Auditor-General may give general or specific directions to an auditor appointed under subsection (3) and the auditor shall comply with such directions. Section 23(6) An auditor appointed under subsection (3) shall report directly to the Auditor-General on any matter relating to the directions given under subsection (5). Section 23(7) The Auditor-General shall within six months after the end of the financial year report on the examination and audit of the accounts of the Nat...

Section 24. Annual report Section 24(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Board for the immediate preceding year. Section 24(2) The Cabinet Secretary shall lay the annual report before the National Assembly within three months of the day the Assembly next sits after the report is presented to him.

Section 25. Declaration of monuments, etc. Section 25(1)(a) an open space to be a protected area within the meaning of this Act; Section 25(1)(b) a specified place or immovable structure which the Cabinet Secretary considers to be of historical interest, and a specified area of land under or adjoining it which is in the Cabinet Secretary’s opinion required for maintenance thereof, to be a monument within the meaning of this Act; Section 25(1)(c) a specified site on which a buried monument or object of archaeological or palaeontological interest exists or is believed to exist, and a specified area of land adjoining it which is in the Cabinet Secretary’s opinion required for maintenance thereof, to be a protected area within the meaning of this Act; Section 25(1)(d) a specified object or type of object, whether or not part of an immovable structure, which the Cabinet Secretary considers to be of historical, cultural, or scientific interest, to be a protected object within the meaning of this Act; Section 25(1)(e) a building and a specified area of land adjoining it which in the Cabinet Secretary’s opinion is required for the maintenance thereof to be a protected building within the m...

Section 26. Registers Section all collections of all museums, and all instruments under its control;

Section 52. Conditions relating to export Section 52(1) No monument or part thereof, nor any antiquity or protected object may be removed from Kenya unless its removal has been specially authorized by a provision in an exploration licence, or by an export permit issued by the Cabinet Secretary on the recommendation of the National Museums under this section. Section 52(2) An application for an export permit shall be made in writing to the Cabinet Secretary, and shall contain a full description of the monument or part thereof, or antiquity or protected object in respect of which it is made, the reason for the proposed removal, the place to which and the person into whose care it is to be removed, and such further information as may be prescribed. Section 52(3) Before issuing an export permit the Cabinet Secretary may cause an inspection to be made, and the monument antiquity or protected object to be sealed or placed in his custody. Section 52(4) The Cabinet Secretary may issue an export permit subject to such terms and conditions as the Cabinet Secretary may deem fit, or may, without assigning any reason, refuse to issue any export permit in respect of a specified monument or part...

Section 53. Notice to Cabinet Secretary to acquire by compulsory purchase Section 53(1) In the event of the Cabinet Secretary’s refusal to issue an export permit for an object of historical value, or imposing conditions which the owner does not accept, the owner may by notice to the Cabinet Secretary within three months thereafter require the Cabinet Secretary, as an alternative to issuing an export licence, to acquire the object by way of compulsory purchase as provided by section 42 . Section 53(2) The Cabinet Secretary shall, within six months after receipt of a notice under this section, either grant an unconditional export licence in respect of the object or proceed without undue delay to acquire it by way of compulsory purchase.

Section 54. Export through Customs port of entry Section No monument or part thereof, antiquity or protected object shall be removed from Kenya otherwise than through a Customs port of entry; and the relevant export permit, or a copy of the relevant exploration licence certified by or on behalf of the Cabinet Secretary or the National Museums, as the case may be, shall be surrendered to a Customs officer before removal from Kenya is effected or allowed.

Section 55. Offences Section removes a monument or part thereof, an antiquity, or a protected object, from Kenya contrary to section 52 or section 54 ;

Section 27. Exploration licences Section 27(1) Unless authorized by an exploration licence issued by the Cabinet Secretary after consultation with the Board, no person shall by means of excavation or surface operations search for a buried monument or buried part of a monument, or for a buried antiquity, whether or not in a protected area. Section 27(2) Before making recommendations to the Cabinet Secretary on the issuance of an exploration licence, the National Museums shall satisfy itself that the applicant is competent by both training and experience to carry out an exploration or excavation in accordance with the most recent scientific methods, and may require the applicant to satisfy it that he has the support, financial and otherwise, of an archaeological or scientific society or institution of repute. Section 27(3) Every exploration licence issued under this section shall contain an agreement that the licensee, or the institution which the licensee represents, will, at such intervals or within such period as may be specified by that licence, produce a detailed written report or publication on the results of the exploration and excavation, and will deposit with the National Mu...

Section 28. Conditions and forms of exploration licence Section shall be valid for a period not exceeding one year, but may be renewed for a further period or further periods not exceeding one year at a time;

Section 29. Entry onto land under exploration licence Section 29(1) For the purposes of an exploration licence, the holder thereof may enter upon any area of land specified in the licence, whether or not private land, and whether or not a protected area, and exercise there all rights conferred by the exploration licence, for such period and subject to such limitations and conditions as may be stated in the licence. Section 29(2) Where the holder of an exploration licence intends, pursuant to any licence, to enter upon private land, the holder shall give not less than seven days’ notice to the occupier, and if practicable to the owner of the land. Section 29(3) In the case of Trust land service on the county council in which the land is vested of a written notice, specifying the exploration licence and the nature and duration of, and the land affected by it, shall be sufficient notice of all subsequent activities in accordance with the exploration licence, both to the county council and to the residents for whose benefit the council holds the land. Section 29(4) Whenever, in the course of operations carried on by the holder of an exploration licence, disturbance of the rights of the...

Section 30. Notification of discovery Section Where a person discovers a monument or object of archaeological or palaeontological interest, the person shall, within seven days, give notice thereof, indicating the precise site and circumstances of the discovery, to the National Museums, and in the case of an object, shall deliver the object to the National Museums or to the District Commissioner to keep it for any particular purpose or for any particular period.

Section 31. Restriction on moving objects Section Subject to section 27 , no person shall move a monument or object of archaeological or palaeontological interest from the place where it has been discovered otherwise than in such manner and to such place as may be allowed by an exploration licence, or by written permit from the Cabinet Secretary after consultation with the National Museums.

Section 32. Offences Section engages in a search contrary to section 27 ;

Section 33. Where protected area is Trust land Section A protected area or part thereof which is an area of Trust land may be set aside as such in accordance with the provisions of section 118 of the Constitution.

Section 34. Control of access, etc., to protected area Section by notice in the Gazette , prohibit or restrict access thereto or any development thereof, or the use thereof for agriculture or livestock, or activity thereon which in the Cabinet Secretary’s opinion is liable to damage a monument or object of archaeological or palaeontological interest therein;

Section 35. Compensation to owner of land in protected area Section 35(1) Where private land is included in a protected area, and the development or other use of that land by the owner or occupier thereof is prohibited or restricted by the Cabinet Secretary, or, by reason of any steps taken by the Cabinet Secretary, or by the Board with the authority of the Cabinet Secretary, on or in relation to the private land, the rights of the owner or occupier are disturbed in any way, or damage to the land, or to crops, trees, buildings, stock or works therein or thereon is caused, the Government shall on demand pay to the owner or occupier such compensation as is fair and reasonable having regard to the extent of the prohibition, restriction, disturbance or damage and to the interest of the owner or occupier in the land. Section 35(2) The provisions of subsections (4) and (5) of section 29 shall apply mutatis mutandis to a claim for compensation under this section.

Section 36. Offences Section enters upon a protected area or does therein any act or thing contrary to a prohibition or restriction of which notice has been given by the Cabinet Secretary under section 34 (a); or

Section 37. Inspection and repair of monuments Section enter and inspect a monument; or

Section 38. Acquisition of monuments and antiquities Section The National Museums may purchase or take on lease or accept a gift or bequest of a monument or antiquity.

Section 39. Guardianship of monuments Section 39(1) The owner of a monument may, by written instrument, constitute the National Museums the guardian of the monument, if the National Museums agrees. Section 39(2) The National Museums shall be the guardian of any monument which is the property of the Government or has no apparent owner. Section 39(3) An instrument which constitutes the National Museums the guardian of a monument shall provide for the matters mentioned in section 40 (2) as if it were an agreement under that section.

Section 40. Agreements for protection or preservation of monuments Section 40(1) The National Museums may enter into a written agreement with the owner of a monument and any other person or persons for the protection or preservation of the monument. Section 40(2)(a) the maintenance of the monument; Section 40(2)(b) the custody of the monument and the duties of any person who may be employed in connexion therewith; Section 40(2)(c) the occupation or use of the monument by the owner or otherwise; Section 40(2)(d) the restriction of the right of the owner or occupier to build or to do other acts or things on or near the site of the monument; Section 40(2)(e) the facilities of access to be permitted to the public or to any portion of the public and to persons deputed by the owner or the National Museum to inspect or maintain the monument; Section 40(2)(f) the notice to be given to the National Museum in case the owner intends to offer the land on which the monument is situated for sale, lease or other disposal thereof, and the right to be reserved to the National Museum to have first refusal of any such sale, lease or other disposal; Section 40(2)(g) the payment of any expenses incurre...

Section 41. Enforcement of agreements for protection of monuments Section 41(1) If the owner or any other person who is bound by the terms of an instrument which constitutes the National Museums guardian of a monument under section 39 (3) or of an agreement for the protection and preservation of a monument under section 40 refuses to do an act which is in the opinion of the National Museums is both necessary for the protection, preservation or maintenance of the monument and the responsibility of the owner or other person in accordance with the terms of the instrument or agreement, or neglects to do the act within such reasonable time as may be fixed by the National Museums, the National Museums may authorise any person to do that act and the expense thereof, if and so far as it is established to have been the responsibility of the owner or other person, shall be recoverable from him. Section 41(2) If the National Museums establishes that the owner or occupier of a monument which is the subject of any such instrument or agreement intends to build or to do any other act or thing in contravention of the terms of the instrument or agreement, the High Court may grant an injunction to r...

Section 42. Compulsory purchase of monuments Section in the case of a monument which, or any part of which, is periodically used for religious observances;

Section 43. Duties of National Museums to protect and maintain monuments Section 43(1) A monument which is for the time being owned by the National Museums, or under the guardianship of the National Museums as provided by section 39 , or the subject of an agreement for its protection or preservation as provided by section 40 , shall be properly maintained by the National Museums, except so far as its maintenance is, by such guardianship or agreement the responsibility of the owner of the monument or of any other person. Section 43(2) The National Museums may enforce all obligations of the owner of the monument or of any other person to maintain it. Section 43(3)(a) by prohibiting entry therein, except in accordance with by-laws made with the concurrence of the persons in religious charge of the monument or part thereof, of any person not entitled so to enter by the religious usage of the sect or community by which the monument or part thereof is used; or Section 43(3)(b) by taking such other action the National Museums deems necessary. Section 43(4) Subject only to any by-laws made under subsection (3) in respect of a monument or part thereof used for religious observances, and to...

Section 44. Power of National Museums to relinquish rights over monuments Section where rights have been acquired by it in respect of a monument by virtue of a sale, lease, gift or bequest, relinquish those rights in favour of the person who would for the time being be the owner of the monument if those rights had not been acquired; or

Section 45. Offences Section 45(1)(a) destroys, removes, injures, alters or defaces or does any act that imperils the preservation of a monument; Section 45(1)(b) obstructs the exercise by a heritage warden or other duly authorized person of any of the powers conferred by section 37 ; or Section 45(1)(c) commits a breach of any by-laws regulating the entry of persons into a monument which is used for religious observances, or of any other condition of access to a monument, Section 45(2) In the event of any threatened or continuing act contrary to subsection (1)(a) the High Court may on the application of the National Museums grant an injunction to restrain such act or its continuance.

Section 46. Antiquities property of Government Section 46(1) All antiquities which are lying in or under the ground, or on the surface of any land already protected under any law as a monument or being objects of archaeological, palaeontological or cultural interest are discovered in a part of Kenya after the commencement of this Act, shall be the property of the Government. Section 46(2) The Cabinet Secretary may, on the recommendation of the National Museums, by notice in the Gazette , disclaim the ownership of any such antiquity.