ADVOKS GLOBAL · KENYA
National Museums and Heritage Act
25. Declaration of monuments, etc.
Edition: 2023-12-11 · In force
25. Declaration of monuments, etc.
(1)After consultation with the National Museums the Cabinet Secretary may by notice in the Gazette declare—(a)an open space to be a protected area within the meaning of this Act;(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;(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;(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;(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 meaning of this Act; or(f)a geopark to be a protected area within the meaning of this Act,and the notice shall state that objections to a declaration made under this section shall be lodged with the Cabinet Secretary within two months from the date of publication of the notice.(2)A copy of every notice published under subsection (1) shall, if referring to an immovable object or site, be posted by the National Museums in a conspicuous place, on or near that object or site or on the area to which it relates, and if referring to a specified movable object, be delivered or sent to the person in whose possession that object is or is believed to be.(3)On the expiration of the period of two months, the Cabinet Secretary, after considering the objections, if any, shall confirm or withdraw the notice.(4)An object or area of land declared by or under the Preservation of Objects of Archaeological and Palaeontological Interest Act, or under the Antiquities and Monuments Act (both now repealed) to be a protected object, monument or protected area shall be deemed to be a protected object, monument or protected area, as the case may be, within the meaning of this Act.(5)No declaration made and gazetted by the Cabinet Secretary under this section may be revoked without the consent of the National Museums.(6)Notice of the proposal for revocation shall be published in the Gazette and the Cabinet Secretary shall consider all objections or recommendations made to the Cabinet Secretary within two months after the publication of the notice.(7)Where it appears to the Director-General that any heritage which the Director-General considers requires to be protected by a declaration under this section is in imminent danger of serious damage or destruction, the Director- General may make an order protecting the said heritage in the manner set out by him.(8)An order made under subsection (7) shall have effect in applying all the provisions of this Act including criminal penalties with immediate effect as if the notice had been given by the Cabinet Secretary and confirmed under subsection (3).(9)Immediate notice of an order made under subsection (7) shall be given to the Cabinet Secretary and the order shall be operative for one month, save that if a recommendation has in that time been made by the National Museums to the Cabinet Secretary for a declaration under subsection (1), the order shall be operative until the decision of the Cabinet Secretary.