ADVOKS GLOBAL · KENYA
National Flag, Emblems and Names Act
3. Prohibition of improper use of emblems, names and likenesses.
Edition: 2023-12-11 · In force
3. Prohibition of improper use of emblems, names and likenesses.
(1)Notwithstanding anything contained in any law for the time being in force, no person shall, except with the written permission of the Cabinet Secretary—(a)use any specified emblem, specified name or specified likeness, or any colourable imitation thereof, in furtherance of, or display the same as an advertisement for, any trade, business, calling or profession; or(b)use any specified emblem, specified name or specified likeness, or any colourable imitation thereof, in the title of any patent, or in any trade mark or design; or(c)manufacture or import any article or goods bearing any specified emblem, specified name or specified likeness, or any article or goods on which any title, trade mark or design is used in contravention of paragraph (b) of this subsection.(2)The provisions of subsection (1)(a) of this section relating to the use of a specified likeness shall not apply to the publication of a bona fide news item (whether in a newspaper or by any other medium) or to the publication in a 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.(3)Any permission given under subsection (1) of this section may be given subject to such conditions as the Cabinet Secretary may deem fit.(4)Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a fine not exceeding five thousand shillings, or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment.