ADVOKS GLOBAL · KENYA
National Museums and Heritage Act
43. Duties of National Museums to protect and maintain monuments
Edition: 2023-12-11 · In force
43. Duties of National Museums to protect and maintain monuments
(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.(2)The National Museums may enforce all obligations of the owner of the monument or of any other person to maintain it.(3)When any such monument or any part thereof is used periodically for religious observances, the National Museums shall make due provision for the protection of the monument from pollution or desecration—(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(b)by taking such other action the National Museums deems necessary.(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 the terms of any instrument whereby the National Museums has been constituted guardian or of any agreement for protection or preservation of a monument, the public shall have right of access to a monument referred to in subsection (1) on such conditions as regards payment, if any, and otherwise as the National Museums approves.