THE HERALDRY BILL, 2026
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Repeal of the College of Arms Act (Cap. 98)
The Bill repeals the College of Arms Act (Cap. 98). It transitions the former College's existing members, the Registrar, pending applications, and previously registered Grants of Arms to the newly established regime under Clause 31.
College of Arms Established under the Attorney General
Establishes a new College of Arms consisting of the Attorney General as Chairperson, a deputy chairperson, four members appointed by the Attorney General, and one member nominated by the Council of Governors. Under Clause 7, members must hold a university degree in visual arts, history of art, or a related field, and serve a term of three years, renewable once.
Mandatory Registration for National and County Public Entities
Under Clause 14, all public entities at both national and county levels must register their Arms in accordance with the Act. Private entities and individual persons may also register their Arms voluntarily. Designs incorporating specified national emblems require written permission from the Cabinet Secretary under the National Flag, Emblems and Names Act (Cap. 99).
New Penalties for the Misuse of Registered Arms
Using or displaying registered Arms without the written consent of the grantee is established as an offence under Clause 25, carrying a fine not exceeding KSh 500,000, imprisonment for up to two years, or both. Additionally, making false entries or fake copies in the register carries a fine of up to KSh 200,000 or up to two years of imprisonment under Clause 26.
Bill No.
National Assembly Bills No. 45
Gazette No.
Kenya Gazette Supplement No. 172
Sponsor
Kimani Ichungwa
Background
The Heraldry Bill, 2026 seeks to repeal the College of Arms Act (Cap. 98) and establish a modernized legal framework for the creation, registration, and protection of heraldic representations and coats of arms in Kenya. The Bill establishes the College of Arms as the successor to the former College of Arms and introduces updated regulatory processes, administration standards, and compliance measures.
Key Amendments
- Repeal of Cap. 98: Completely repeals the old College of Arms Act (Cap. 98).
- Re-establishment of the College of Arms: Creates a new body corporate under the Attorney General to process grants and registrations of arms (Clause 4).
- Qualifications for Registrar: Under Clause 11, the Registrar of Arms must be an advocate of the High Court of Kenya of at least ten years standing with at least ten years of experience in legal practice (including five in senior management).
New Obligations
- Mandatory Registration for Public Entities: Clause 14 requires all national and county public entities to register their arms.
- Application Specifications: Applications for grant of arms must include the design in hard and soft copy (both in color and black and white), accompanied by a "blazon" explaining the symbolism and the prescribed fee (Clause 15).
- National Emblem Approvals: If a design uses a specified national emblem, applicants must obtain written permission from the Cabinet Secretary responsible for the National Flag, Emblems and Names Act (Cap. 99).
Penalties
- Misuse of Arms (Clause 25): Displaying or using registered arms without the consent of the grantee is punishable by a fine not exceeding KSh 500,000, imprisonment for a term not exceeding two years, or both.
- False Registry Entries (Clause 26): Making false entries, producing false documents, or making false statements to deceive the Registrar carries a fine of up to KSh 200,000, imprisonment for up to two years, or both.
Transitional Provisions
- Transition of Personnel and Grants (Clause 31): The Chairperson, members, and Registrar in office immediately before the commencement of the Act will serve out the remainder of their terms. Pending applications will be considered under the new Act, and all existing Grants of Arms made under the repealed Cap. 98 will be deemed to have been made under the new Act.
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