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    "id": 782937,
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    "content": "and ‘Madaraka’ is restricted. Even the use of the name of the President is restricted. You must get authority from the Minister to use the name of the President even though you are using that name probably for commercial purposes and for promotion of things beyond the ordinarily. Having been born around the time when President Moi took over power, I was called ‘ Nyayo’ when I was growing up. That is a name that I am still called when I go to the village. You will find some people who do not want to recognize that I am the Senator for Homa Bay County calling me ‘ Nyayo. They still want to call me ‘ Nyayo .’ That could probably have been a criminal offence going by the Act of 1963 because certain names are not supposed to be used. Thankfully, I am not using the name ‘ Nyayo’ to make money or promote business. Mr. Temporary Speaker, Sir, the primary Act says that if you are found guilty, you can serve a jail term of six months or be fined Kshs5,000, or both. That brings me to the question; why do we even need The National Flag, Emblems and Names Act that Sen. Mutula Kilonzo Jnr. is proposing to amend? The preamble of the Act says: “It is an Act of Parliament to prevent improper use of the national flag and certain emblems, names, words and likenesses for professional and commercial purposes and to prohibit display of certain flags.” So, the intention of this Act is to prevent and to prohibit improper use of the national flag. We may need to ask ourselves whether in so doing, we will also be limiting certain rights that are given to Kenyans in the current Constitution. Before we enacted the Constitution of Kenya 2010, I am not sure where one would go to, to get the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}