Vihiga County (Kenya)

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image by Jens Pattke, 24 Jan 2015

• Background
• Description of the flag

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Background

Vihiga County is a county in the former Western Province of Kenya. The county was split from Kakamega County in 1990.
Jaume Ollé, 22 Jan 2015

Description of the flag

The Vihiga County Government has published a bill relating to symbols for the county, including a flag.  The details of the bill are as follows:

REPUBLIC OF KENYA
VIHIGA COUNTY GOVERNMENT
THE VIHIGA COUNTY SYMBOLS BILL, 2014

An Act of the County Assembly to give effect to Section 4 of the County Governments Act   (Act No. 17 of 2012) and for the development and use of the County flag, county coat of arms, county public seal and other symbols of the county government, to prevent the improper use of the county symbols and for connected purposes.

ENACTED by the County Assembly of Vihiga as follows:-
PART 1 PRELIMINARY
1. Short title

This Act be cited as the Vihiga County Symbols Act, 2014 and shall come into operation on the fourteenth day after the publication in the Gazette or assent by the Governor whichever comes earlier.

2. Application

This Act shall apply to Vihiga County as provided in Article 6(1) of the Constitution, and the First Schedule to the Constitution.

3. In this Act-
Act No. 17 of 2012

“ the County flag” means the type of county symbol developed under the authority of the County Executive through the consultative process provided for under Section 4 (1) (a) of the County Governments Act. Act No. 17 of 2012.

“ the County Coat of Arms” means the type of county symbol developed under the authority of the County Executive through the consultative process provided for under Section 4(1)(b) of the County Governments Act.  Act No. 17 of 2012

“ the County Public Seal” means the type of county symbol developed under the authority of the County Executive through the consultative process provided for under section 4(1) (c) of the County Governments Act.

“ the County Portrait” means the photograph, drawing, painting or other pictorial representation of the person for the time being holding the office or dignity specified on this Act.

“the County Symbol” means any image, object, mark, sign emblem, pennant, insignia or ensign developed under the authority of the County Executive and shall include flag, County coat of arms, county public seal and county portrait.

County Flag, Coat of Arms, Public Seal and portrait

“the County Executive” means the County Executive Committee of the County government established in accordance with section of the County Governments Act

4. (1) The flag of which the design and description are set out in PART I of the Schedule to this Act is hereby declared to be the county Flag of Vihiga County
(2). The heraldic device of which the blazon and description are set out in PART II of the Schedule to this Act is hereby declared to be the county Coat – of -Arms of Vihiga County
(3) The seal of which the design is set out in PART III of the schedule to this Act is hereby declared to be the county Public Seal of Vihiga County.

(4) The portrait of the person holding the office or dignity specified in PART IV of the schedule to this Act other than in an acting capacity is hereby declared to be the county portrait of Vihiga County.

Authority to develop the County Symbols and the process

5. (1) The authority to develop the county symbols shall vest in the County Executive.
(2) County symbols shall be developed with the citizen participation through a consultative process.
(3) The County Executive shall cause to be published in a daily of national circulation and in any other manner, notice inviting citizen participation, at least thirty days prior to the date set for the sampling of the county Symbols.
(4) Samples of the county symbols developed with the citizens participation shall be submitted to the panel appointed for the purpose within the period specified in the notice.
(5) If at the close of the period specified in the notice under this section, no submissions are received or those received are not of the specified standard and quality, the County Executive may:-

a) invite fresh submissions for the second and third time by way of notice issued in similar manner and where such other notice or notices fail to result in the required samples.
b) No. 3 of 2005 use the service of an expert secured in accordance with the provisions of the Public Procurement and Disposal Act or the relevant procurement legislation to develop the county symbols.

(6) The panel shall analyze the samples submitted pursuant to this section and select from the list the best three samples from each category of symbols in the order merit and submit to the County Executive.

(7) All samples submitted by any person for selection as county symbol shall, on being submitted, become the sole property of the county government.

(8) The County Executive may select the county symbols from the list submitted by the panel in accordance with this section.

(9) The County Executive may, in its sole discretion give a reward or monetary appreciation to any person or body for the winning samples of the county symbols submitted pursuant to this Act.

10) Any dispute arising from the development of the county symbols under the this Act shall be resolved by the County Executive whose decision shall be final.

Establishment of the panel and its responsibilities

6. (1) There is established a panel to be called Vihiga County Symbols Selection Panel.
(2) The panel shall comprise of a chairperson appointed by the County Governor or a person authorized in writing by the Governor and not less than five and not more than ten members appointed by the relevant County Executive Committee member from at least every constituency in Vihiga County.
(3) Not more than one third of the members of the Panel shall be of the same gender and at least one person shall be a person living with disability.
(4) The relevant County Executive Committee member shall appoint a person who is a youth to be the secretary to the panel.
(5) Members of the panel shall hold office for three years and may be eligible for re-appointment to one similar term.
(6) The quorum at every meeting of the panel shall be atleast one half of all the members.
(7) The resolution of the Panel shall be by simple majority.
(8) The responsibilities of the Panel shall be-
a) to set the standards and quality of the samples to be submitted for selection as county symbols.
b) to receive, analyse and select the symbols for the consideration of the County Executive .
c) to ensure, on behalf of the County Executive,  compliance with this Act with regard to the use of the  county symbols.

(9) save as herein provided, the panel shall regulate its own affairs.
(10) The panel members shall be paid such allowances as. may be determined by the County Executive in consultation with the County Public Service Board

7. Prohibition against misuse of county symbols and offences
(1) The County Executive shall be the custodian of all symbols of the county and shall prescribe the fee at which the county symbols other than the County Public Seal may be made available for the use of the public.
(2) County Symbols shall not be used except with the permission of the County Executive and in a manner authorized by this Act or any other law.
(3) Any person who shows disrespect, in speech, manner or writing, to or with reference to any symbol of the county shall be guilty of an offence.
(4) No person shall, except with the written Permission of the County Executive.
a) Use any symbol of the county or any imitation thereof in furtherance of, or display the same as an advertisement for, any trade, business, calling or profession.
b) Use any symbol of the county or imitation thereof, in the title of any patent, or in any trade mark or design.
c) Manufacture or import any article or goods bearing any symbol of the county or any title, trade mark or design is used is used in contravention of this Act.
(5) A publication of a bona fide news item whether in a news paper of any article connected with any bona fide news item other than a news item in the furtherance of, or as advertisement for, any trade, business , calling or profession shall, under this section, be lawfull.
(6) No authority shall register any company, firm or other body of persons or any trade mark or design or grant a patent where such registration or grant of patent would violate the provisions of this Act.
(7) Any registration made or patent granted in violation of this Act shall be null and void.
(8) No person shall display at any place or on any premises or permit to be so displayed any item or imitation which was not developed as a symbol of the county in accordance with the provisions of this Act.
(9) The County Executive shall, by notice, specify the places at which and the manner by which the county symbols shall be used or displayed.
(10) The fee payable for the use of a county symbol shall be that
provide in PART V of the Schedule to this Act.

8. Power of seizure
A police officer or an officer of the county government duly authorized in writing by the County Executive, may, upon obtaining a search warrant from the court ,enter any premise where he or she reasonably believes something which has been used, displayed, manufactured or imported contrary to this Act is kept and seize the same and where he does so, shall bring it before the magistrate who issued the search warrant, for order of its disposal.

9. Offences and penalties under the Act
Any person who violates any provision of this Act shall be guilty of an offence and liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.

10. Power to and regulations

The County Executive may make regulations generally for carrying this Act into effect and may by notice amend the schedule to this Act.

SCHEDULE
PART I – THE COUNTY FLAG

Design :

Key:

Description:

Vihiga is an exceptional region with captivating and contrasting geographical features from the tropical forest of Kaimosi to the stony hills of Maragoli and Bunyore. Borrowing from tradition, its culture, including its periodic circumcision rituals, the County is not only a haven for the curious visitor who wishes to appreciate the past and even relive it. The proximity to Kisumu County and its resultant benefits cannot be gainsaid, as the Lake Victoria hub that is expected to service the EAC. The County's diaspora whether foreign or local must be kept alive to these efforts.
 

PART II - THE COUNTY COAT OF ARMS

Vihiga is a unique region with captivating and contrasting geographical features from the tropical forest of Kaimosi to the rocky hills of Maragoli and Bunyore. Borrowing from tradition, its culture, including its periodic circumcision rituals, the County is not only a haven for the curious visitor who wishes to appreciate the past and even relive it. The proximity to Kisumu County and its resultant benefits cannot be gainsaid, as the Lake Victoria hub that is expected to service the EAC. The County's diaspora whether foreign or local must be kept alive to these efforts.

Keeping in view the need for the investment in the region we put in the sun to depict there is light and the willingness of the Vihiga county residents to participate and take major initiatives to upgrade the living conditions of Vihigans, to boost economic growth in the region. The sun continues to depict that we can and will manage both opportunity and challenges and emerge as a regional hub in the areas of service industry, education, health, information technology, food, tea/coffee and vegetable processing etc. Vihiga’s economy is bound to change in character as the knowledge revolution sweeps the country".

The bill continues with a description of the county seal, regulations and prohibitions on the use of the symbols etc.
Jaume Ollé, 22 Jan 2015

     images by Jens Pattke, 11 April 2015

According to a report on news24 Kenya, the County Governor indicated that two flags will be flown in Vihiga County as he unveiled a flag containing the shield in the fly as shown above.   This flag is also shown and reported on the County's Facebook page  on 24 February 2015 with the following report: