ADVOKS GLOBAL · KENYA
National Museums and Heritage Act
41. Enforcement of agreements for protection of monuments
Edition: 2023-12-11 · In force
41. Enforcement of agreements for protection of monuments
(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.(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 restrain that building or other act or thing.