- Section 91 of The Basic Education Act 2013: Investment of funds
(1) The Cabinet Secretary may invest any of the funds of the Department in securities in which for the time being trustees may by law invest funds or in any other securities which the Treasury may from time to time approve for that purpose.
(2) The Cabinet may place on deposit, with such bank or...
- Section 92 of The Basic Education Act 2013: General penalties
Any person who commits an offence under this Act for which no other penalty is provided is liable: -
(a) in the case of a first conviction, to a fine not exceeding two hundred thousand shillings or a term of imprisonment not exceeding twelve months, or both; and
(b) in any other case, to a fine...
- Section 93 of The Basic Education Act 2013: The Education Appeals Tribunal
(1) There is established an Education Appeals Tribunal.
(2) Any person aggrieved by the decisions of the County Education Board may appeal to the Education Appeals Tribunal.
(3) The Cabinet Secretary in consultation with the National Education Board and relevant stakeholders shall prescribe...
- Section 94 of The Basic Education Act 2013: Establishment of the National Council for Nomadic Education
(1) There is established a National Council for Nomadic Education in Kenya.
(2) Notwithstanding subsection (1), the National Council for Nomadic Education in Kenya shall be constituted in a manner set out in the Sixth Schedule.
- Section 95 of The Basic Education Act 2013: Regulations
(1) The Cabinet Secretary may upon consultation with the Board make regulations-
(a) prescribing anything that may be prescribed under this Act; and
(b) generally for the better carrying out of provisions of this Act.
(c) on the establishment of Boards of Management for primary schools.
(2)...
- Section 96 of The Basic Education Act 2013: Repealed Acts
The following Acts are repealed-
(a) the Education Act; and
(b) the Board of Adult Education Act,.
- Section 97 of The Basic Education Act 2013: Preservation of proceedings and rights of appeal
Any proceedings, instruments and any right of review appeal subsisting immediately before the commencement of this Act by virtue of the repealed Acts
shall after the commencement of this Act be treated as subsisting by virtue of the corresponding enactment in this Act.
- Section 98 of The Basic Education Act 2013: Continuance of periods of time
Where a period of time specified in the repealed Acts is current at the commencement of this Act, this Act shall have effect as if the corresponding provisions had been in force when the period began to run.
- Section 99 of The Basic Education Act 2013: Preservation of licences, certificates and registration
(1) Any register kept, registration effected, certificate issued, letters of Interim Authority, notice or information given, return made or other thing done under
the repealed Acts which, immediately before the date of commencement of this Act, was in force or effect shall continue in force and...
- Section 100 of The Basic Education Act 2013: Transfer of property, assets, liabilities and staff
(1) All immovable and movable property and assets which immediately before the commencement of this Act were vested in, or possessed by the institutions established under the repealed Acts shall by virtue of this section vest in the respective institutions established under this Act without further...
- Section 101 of The Basic Education Act 2013: General savings
(1) Notwithstanding the repeal of the Acts under all acts, directions, orders, appointments, requirements, authorizations, decisions or other things
given, taken or done under, and all funds, assets and other property acquired or disposed of by virtue of the repealed Acts shall, so far as are not...
- Section 1 of Trade Marks Act CAP 506: Short title
This Act may be cited as the Trade Marks Act.
- Section 2 of Trade Marks Act CAP 506: Interpretation
(1) In this Act, except where the context otherwise requires—
"a convention country" means a country, other than Kenya, that is party to the Paris Convention;
"appointed day" means the 1st January, 1957;
"ARIPO" means the African Regional Industrial Property Organization;
"assignment" means...
- Section 3 of Trade Marks Act CAP 506: Appointment of Registrar and other officers
(1) The Director shall be the Registrar of Trade Marks under and for the purposes of this Act.
(2) The appointment of the officers required for the purposes of this Act shall be made in accordance with the provisions of the Industrial Property Act (Cap. 509).
(3) The Registrar shall have a seal of...
- Section 4 of Trade Marks Act CAP 506: The register of trade marks
(1) There shall continue to be kept at the office of the Registrar of Trade Marks for the purposes of this Act the record called the register of trade marks, wherein shall be entered all registered trade marks with the names, addresses and descriptions of their proprietors, notifications of...
- Section 5 of Trade Marks Act CAP 506: No action for infringement of unregistered trade mark
No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark, but nothing in this Act shall be deemed to affect rights of action against any person for passing off or the remedies in respect thereof.
- Section 6 of Trade Marks Act CAP 506: Registration to be in respect of particular goods or services
(1) A trade mark shall be registered in respect of particular goods or services, which shall be classified in the manner specified in subsection (2).
(2) The goods and services in respect of which registration of a mark is applied for shall be classified in accordance with the International...
- Section 7 of Trade Marks Act CAP 506: Right given by registration in Part A, and infringement thereof
(1) Subject to the provisions of this section, and of sections 10 and 11, the registration (whether before or after 1st January, 1957) of a person in Part A of the register as the proprietor of a trade mark if valid gives to that person the exclusive right to the use of the trade mark in relation to...
- Section 8 of Trade Marks Act CAP 506: Right given by registration in Part B, and infringement thereof
(1) Except as provided by subsection (2), the registration (whether before or after the commencement of this Act) of a person in Part B of the register as proprietor of a trade mark if valid gives to that person the same right and the provisions of section 7 shall have effect in the same manner in...
- Section 9 of Trade Marks Act CAP 506: Infringement by breach of certain restrictions
(1) Where, by a contract in writing made with the proprietor or a licensee of a registered trade mark, a purchaser or owner of goods or a person performing the services, enters into an obligation to the effect that he will not do, in relation to the goods or services, an act to which this section...
- Section 10 of Trade Marks Act CAP 506: Saving for vested rights
Nothing in this Act shall entitle the proprietor or a licensee of a registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods in relation to which that person or a predecessor in title of his has continuously...
- Section 11 of Trade Marks Act CAP 506: Saving for use of name, address or description of goods
No registration of a trade mark shall interfere with—
(a) any bona fide use by a person of his own name or of the name of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business; or
(b) the use by any person of any bona fide...
- Section 12 of Trade Marks Act CAP 506: Distinctiveness requisite for registration in Part A
(1) In order for a trade mark (other than a certification trade mark) to be registrable in Part A of the register, it must contain or consist of at least one of the following essential particulars— (a) the name of a company, individual or firm, represented in a special or particular manner;
(b) the...
- Section 13 of Trade Marks Act CAP 506: Capability of distinguishing requisite for registration in Part B
(1) In order for a trade mark to be registrable in Part B of the register it must be capable, in relation to the goods in respect of which it is registered or proposed to be registered, of distinguishing goods with which the proprietor of the trade mark is or may be connected in the course of trade...
- Section 14 of Trade Marks Act CAP 506: Prohibition of registration of deceptive, etc., matter
(1) No person shall register as a trade mark or part of a trade mark any matter the use of which would, by reason of its being likely to deceive or cause confusion or otherwise, be disentitled to protection in a court of justice, or would be contrary to law or morality, or any scandalous...
- Section 15 of Trade Marks Act CAP 506: Prohibition of registration of identical and resembling trade marks
(1) Subject to the provisions of subsection (2), no trade mark shall be registered in respect of any goods or description of goods that is identical with or nearly resembles a mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods,...
- Section 15A of Trade Marks Act CAP 506: Protection of well-known trade marks
(1) References in this Act to a trade mark which is entitled to protection under the Paris Convention or the WTO Agreement as a well known trade mark, are to a mark which is well known in Kenya as being the mark of a person who—
(a) is a national of a convention country; or
(b) is domiciled in, or...
- Section 16 of Trade Marks Act CAP 506: Registration in Part A to be conclusive as to validity after seven years
(1) In all legal proceedings relating to a trade mark registered in Part A of the register (including applications under section 35) the original registration in Part A of the register of the trade mark shall, after the expiration of seven years from the date of that registration, be taken to be...
- Section 17 of Trade Marks Act CAP 506: Registration subject to disclaimer
If a trade mark—
(a) contains any part not separately registered by the proprietor as a trade mark; or
(b) contains matter common to the trade or to the provision of services of that description or otherwise of a non-distinctive character,
the Registrar or the court, in deciding whether the trade...
- Section 18 of Trade Marks Act CAP 506: Words used as name or description of an article or substance
(1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use, after the date of the registration, of a word or words which the trade mark contains, or of which it consists, as the name or description of an article or substance or of some...