ADVOKS GLOBAL · KENYA
National Museums and Heritage Act
40. Agreements for protection or preservation of monuments
Edition: 2023-12-11 · In force
40. Agreements for protection or preservation of monuments
(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.(2)An agreement under this section may provide for all or any of the following matters—(a)the maintenance of the monument;(b)the custody of the monument and the duties of any person who may be employed in connexion therewith;(c)the occupation or use of the monument by the owner or otherwise;(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;(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;(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;(g)the payment of any expenses incurred by the owner or by the National Museums in connection with maintenance of the monument;(h)the removal of the monument or any part thereof, subject to the provisions of this Act, to a place of safe custody;(i)the duration of the agreement, with provision for earlier termination thereof by any party thereto;(j)the procedure relating to the settlement of any dispute arising out of the agreement; and(k)any other matter connected with the protection or preservation of the monument which is a proper subject of agreement between the owner and the National Museum.(3)The terms of an agreement under this section may be altered from time to time with the consent of all parties thereto.(4)An agreement under this section shall be binding on any person claiming to be owner of the monument to which it relates through or under a party by whom on or whose behalf the agreement was executed.(5)Any rights acquired by the National Museums or by the owner in respect of expenses incurred in maintenance shall not be affected by the termination of an agreement under this section.