National Government Constituencies Development Fund Act 30of 2015 - as Plain Text by MWakili

SPECIAL ISSUE Kenya Gazette Supplerucnt No.200 (Acts No.30) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 201 5 NAIROBI, 18th December, 2015 CONTENT Act- Pecn The National Government Constituencies Development Fund Act, 2015.

.1911 l9l THE NATIONAL GOVERI\IMENT CONSTITT,]ENCIES DEVELOPMENT FUND ACT No.

30 of 2015 Date of Assent: lSth December, 2015 Date of Commencement: Section 57 upon publication.

Other Sections: l9th February,2016 ARRANGEMENT OF SECTIONS PART I-PRELIMINARY Section I -Short title and commencement.

2-Interpretation.

3-Objects of the Act.

PART II-ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITT.]ENC IES DEVELOPMENT TUND 4-Establishment of the Fund.

S-Disbursement from the Fund.

6-Allocation of funds.

7-Funds to be retained in the Fund.

8-Emergency Reserve.

9 - Administration expenses.

l0-Books of accounts to be kept.

1l-Audit.

I2 - Constituency Account.

l3-Bank account of the Fund.

PAR.TM-ESTABLISHMENT OF THE NATIONAL GOVERI\IMENT CONSTITI,]ENCIES DEVELOPMENT FT]ND BOARI) 14 -Establishment of the Board.

l5-Composition of the Board.

16-Functions of the Board.

t9t2 Development Fund 2015 No.

30 National Got'ernment Constituencies l7-Powers of the Board.

18-Conduct of business and affairs of the Board.

19-Removal of a member of the Board.

20-Chief executive officer of the Board.

21-Appointment of secretary to the Board.

Z2-Staff of the Board.

23-Finances of the Board.

PART IV_NATURE OF PROJECTS 24-Projects to be in respect of national government functions.

25 -Funding of projects.

26-Unspent funds and joint projects.

PART V_IDENTIFICATION AND SUBMISSION OF CONSTITTIENCY PROJECT PROPOSALS 27 -ldentlfication and submission of projects.

28 - Submission deadline.

29-Submission form.

30 - Projects descriptions form.

31 -Approval of projects.

32 - Discretion of Constituency Committee.

33-List to be serialized.

34-Basis for budget ceiling.

35 -Criteria for projects.

PART VI_IMPLEMENTATION OF PROJECTS 3,6 - Project managernent committee to i mplement.

37-Procurement of services and works.

38-Record of receipts and disbursements.

39-Record of disbursements to be kept.

40-Proiect firding.

41-Community initiatives to be eligible.

42-Duplication of projects to be avoided.

t9t3 2015 National Government Constituencies Development Fund No.30 PART VII-THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES 43-National Government Constituency Development Fund Committee.

44-Dissolution of Constituency Committee.

45-Staff of the Constituency Committee.

46-Cost estimates to be realistic.

47 -Projects involving personal awards to be excluded.

48-Social security programmes etc.

to be considered as development projects.

49-Counter-part funding to be permitted.

PART VIII-NATIONAL ASSEMBLY SELECT COMMITTEE 50-Establishment of the National Assembly Select Committee.

51 reports on projects and disbursements.

i -Quarterly t_ 52-Allocations under the Act are supplementary.

t 53 -Constituency Oversight Committee.

PART IX-MISCELLANEOUS PROVISIONS 54-Provisions in the Act are complimentary.

55 -Offences and penalties.

56 - Dispute resolution.

PART X-PROVISIONS ON DELEGATED POWERS 57-Regulations.

PART XI-TRANSITIONAL PROVISIONS 58 - Transitional provisions.

SCHEDULES FIRST SCHEDULE -Constituency Project Re- allocation Form.

SECOND SCHEDULE Condu'ct of Business and Affairs of the Board THIRD SCHEDULE Constituency Projects Submission Form.

FOURTH SCHEDULE -Project Description Form.

t9t4 NationalGovernmentConstituenciesDeveloprnentFund Alfs No.30 THE NATIONAL GOVER}IMENT CONSTITI'ENCIES DEVELOPMENT FIJND ACT, 2015 AN ACT of Parliament to provide for the establishment of the National Government Constituencies Development Fund and for connectd purposs ENACTED by Parliament of Kenya, as follows- PART I-PRELIMINARY 1.

This Act may be cited as the National Government shodrithrnd Constituencies Development Fund Act, 2015 and shall come into force, as follows: (a) section 57, upon publication of the Act; and (b) all other sections, on the 19th February,2016.

2.

In this Act, unless the context otherwise requires,- Iorcrprrtrtion' "bank account of the Fund" means the National Government Constituencies Development Fund account maintained in accordance with section 13; "Board" means the National Government Constituencies Development Fund Board established under section 14; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development; "Chairperson" means the Chairperson of the Board appointed under section 15 (3); "chief executive officer" means the chief executive officer of the Board appointed under section 20; "community" means residents of a particular geographical area or region defined as a constituency, ward, location, sub location or village and having common interests; "constituency "means one of the constituencies into which Kenya is divided under Article 89 of the Constitution; ""Constituency Committee" means a National Government Constituency Development Fund Committee established under section 43 (l); l9 15 2015 National Government Constituencies Developntent Fund No.30 "Constituency account" means the account maintained for every constituency in accordance with section 12; "Fund" means the National Government Constituencies Development Fund established under section a (1); "National Assembly Committee" means the National Assembly Select Committee established in accordance with section 50; "Officer of the Board" means an officer of the Board appointed under section 22; "project" means an eligible development project as described in the Act; "project management committee" means a committee or board of persons elected or nominated to implement a project or manage an institution, including a committee existing prior to the establishment of the Fund and which is assuming the responsibility of implementing a project funded under the Act; "revenue" has the meaning assigned to it under the No 16of20ll.

Commission on Revenue Allocation Act, 2011: "sub-project" means a complete unit or part of a project that can be put to use towards the achievement of the project objectives; "ward" means a ward administered by an assistant county commissioner under the National Government Co- No.

I of 201 3 ordination Act,20l3; "youth" means a person who has attained the age of eighteen years but has not attained the age of thirty-five years.

3.

The objects of this Act are to- Objects of the Act (a) provide for the establishment and administration of the Fund; (b) recognise the constituency as a platform for identification, performance and implementation of national government functions; (c) facilitate the performance and implementation of national government functions in all parts of the Republic pursuant to Article 6(3) of the Constitution; 1916 Nationol Govenunent Constituencies Development Fund 2015 No.30 (d) provide for the participation of the people in the determination and implementation of identified national government development projects at the constituency level pursuant to Article l0(2Xa) of the Constitution; (e) promote the national values of human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized pursuant to Article l0 (2) (b) of the Constitution; (0 provide for the sustainable development of all parts of the Republic pursuant to Article lO (2) (d) of the Constitution; (g) provide a legislative and policy framework pursuant to Article 2I (2) of the Constitution for the progressive realisation of the economic and sooial rights guaranteed under Article 43 of the Constitution; (h) provide mechanisms for the National Assembly to exercise oversight over the performance of specified national government functions at the constituency level as provided for under Article 95 of the Constitution; (i) provide for a public finance system that promotes an equitable society and in particular expenditure that promotes equitable development of the country by making special provisions for marginalized groups and areas pursuant to Article 201 (b) (iii) of the Constitution; 0) authorize withdrawal of money from the Consolidated Fund as provided under Article 206 (2) (c) of the Constitution; (k) provide for mechanisms for supplementing infrastructure development at the constituency level in matters falling within the functions of the national government at that level in accordance with the Constitution.

(l) provide a framework for citizens led development to assist the national government in planning and prioritizing the use of its resources; t9t7 2015 National Government Constituencies Development Fund No.30 (m) create a harmonious relationship between citizens and the national government and its officers in local development; (n) provide a platform for citizens participation in service delivery; and (o) build local accountability and transparency in the use of resources.

PART II-ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND 4.

(l) There is established a fund to be known as the Estabhshment of thc National Government Constituencies Development Fund Fund.

which shall- (a) be a national government fund consisting of monies of an amount of not less than 2.5Vo (two and half Wr centum) of all the national government's share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218 of the Constitution ; (b) comprise of any monies accruing to or received by the Board from any other source; and (c) be administered by the Board.

(2) All monies allocated under this Act shall be considered as funds allocated to constituencies pursuant to Article 206(2)(c) of the Constitution to be administered in accordance with the provisions of this Act.

(3) The monies appropriated to the Fund in any financial year under subsection (lXa) shall not be less than the amount appropriated to the Fund in the preceding financial year unless as otherwise allowed by this Act.

5.

(1) Each and every disbursement from the Fund Drsbursement from shall be approved and recorded in the minutes of the Board.

the Fund (2) All disbursements from the Fund shall be for specific projects as submitted by the constituencies in accordance with the procedures outlined in this Act.

(3) All disbursements shall be made through the constituency bank accounts maintained for every constituency in accordance with section 12 of this Act.

1918 NationalGovernmentConstituenciesDevelopmentFund 2015 No.30 (4) Notwithstanding subsection (3), payments for a joint project or a joint procurement, may be made directly to a supplier or to an account established for the purpose with due approval of the Board.

(5) The record of the amounts received by each constituency and the record of expenditure of amounts so received shall be submitted to the Board within thirty days after the close of the relevant financial year together with a copy of the relevant bank statements and no disbursements for the succeeding financial year shall be made into the accounts until the said records are duly received.

(6) The Board shall set out general conditions and requirements for release of funds, to ensure efficient and effective management of resources.

(7) The Board may impose reasonable requirements, including restrictions, on a particular constituency and such restrictions or requirements shall be reported together with the monthly returns to be submitted to the Cabinet Secretary in accordance with this Act.

6.

(1) The Cabinet Secretary shall, with the approval Arrmationortunds' of the relevant Committee of the National Assembly, allocate funds for every constituency in each financial year in accordance with section 34.

(2) Once funds are allocated for a particular project, they shall remain allocated for that project and may only be re-allocated for any other purpose during the financial year with the approval of the Board.

(3) If for any reason a particular project is cancelled or discontinued during the financial year, funds allocated for such a project shall be returned to the Fund and credited to the account of the constituency from which the funds were withdrawn.

(4) Unspent funds shall be allocated to any eligible project and such project may be new or ongoing at the end of the financial year.

(5) For the avoidance of doubt, a return as set out in the First Schedule shall be made for the current financial year and every previous financial year on which some funds remain unspent.

l9l9 20r5 National Government Constituencies Development Fund No.30 7.

(l) All receipts, savings and accruals to the Fund Funds to bc rctaincd and the balance of the Fund at the end of each financial in thc Fund.

year shall be returned to the Fund and applied in accordance with section 6(5) of this Act.

(2) All funds allocated to a constituency shall be cumulative and shall be carried forward from one financial year to the next, including funds returned into the accounts in accordance with section 6(3) or funds which are not utilized for whatever reasons.

t (l) A portion of the Fund, equivalent to five per Emcrgcncy Rcscrvc centum (hereinafter referred to as the "Emergency Reserve") shall remain unallocated and shall be available for emergencies that may occur within the Constituency.

(2) The Constituency Committee shall determine the allocation of the emergency reserve in accordance with the Act.

(3) "Emergency" shall be construed to mean an' urgent, unforeseen need for expenditure for which it is in the opinion of the committee that it cannot be delayed until the next financial year without harming the public interest of the coFtstituents.

9.

The project management committee shall set aside a Adminishetion sum not excecding five per centum of the total allocation cx[Enscs.

for the project to cater for the administration expenses of the project.

10.

The sums set aside under sections 8 and 9 shall be Books of rccounts to properly accounted for and proper books of accounts shall bc kcpt.

be kept and returns made to the Constituency Committee for that constituency on how the sum has been used.

11.

AII funds received under this Act shall be audited Audit and reported upon by the Auditor-General.

12.

(l) For the purpose of disbursement of funds Constitucncy under this Act there shall be opened and maintained a Account.

constituency account for every constituency at any commercial bank, approved by the National Treasury into which all funds shall be kept and such an account shall be known by the name of the constituency for which it is opened and each constituency shall maintain only one account.

1920 National Government Constituencies Development Fund 2015 No.30 (2) At least three signatories shall be requiled for every cheque or instrument for actual payment or withdrawal of funds from a constituency account and the signing instructions shall be such that there shall be at least one signature of an officer seconded by the Board and at least two signatures of two members of the Constituency Committee.

(3) The Fund account manager shall hold the authority to incur expenditure of the funds at the constituency account.

(4) Funds from the constituency account shall only be withdrawn as disbursements for a particular project in accordance with the provisions of section 5 of the Act.

(5) Every payment or instruction for payment out of the constituency fund account shall be strictly in accordance to the minutes of a resolution of a meeting of the Constituency Committee.

(6) All receipts, savings and accruals to the constituency account and the balances thereof at the end of each financial year shall be returned to the Constituency Account.

(7) All unutilized funds shall remain in the constituency account and no investment elsewhere shall be permitted, provided that funds meant for a project that is cancelled or discontinued shall be returned to the Constituency Account in accordance with section 6 of this Act.

(8) AX unutilized funds of the Project Management Committee shall be returned to the constituency account.

(9) Any accruing revenues, interest and liabilities from any constituency account shall be declared to the Board together with the annual returns.

13.

(1) A bank account of the Fund shall be opened Bank Account of the and maintained at the Central Bank of Kenya.

Fund.

(2) The signatories to the account of the Fund maintained in accordance with subsection (1), shall be the chief executive officer and three other persons appointed by the Board from amongst its members.

(3) The signing instructions shall be such that the signature of the chief executive officer shall be mandatory 1?1 2015 Natiotttti Goyt'rtttitrttt Lttttsr'rtr,,t,.

/a., L)etL,l()l)nlant F.un(l No.30 on all payment checues anr.iol iri:'l;-,,iii:i:iris intended for actual release of mone.7 fi'orn the ii,r,r.l.

p Lrs any trvo of the other three signatories.

PART III_ESTAtsLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMITNT FUND BOARD 14.

(l) There is established a Bcarci i,'r be knorvn as Esraolrshnrort o.

rhe the National Government i'on:;tituei-icies Development BrrarLl Fund Board.

(2) The Board shall be a body corporate with perpetual succession and a commoo seal and shall, in its corporate name, be capable of-- (a) suing and being surd; (b) taking, purchirsirrg or otherwise acquiring, holding.

charging or dispo-sing of movable and immovable property; (c) borrowing money or makin-9 investments; and I' (d) doing or performing all other acts or things for the proper performance of its functions under this Act which nray larvfuliy be done or performed by a body corporate.

15.

(1) The Fund shall be adrninistered by a Board ol Composrnon of the Directors which shall consist of - Board (a) the principal secretary in the Ministry tbr the time being responsible lbr rnatters relating to national economic policy and planning or a designated alternate.

not beino belos, the level of Director of Pianrr in.r : (b) the principal sei:retary in the Ministry for the time being responsitrlr-' i'ru- ntatters rclating to finance <lr a ciesignatr-'ij ;,rliernirti' llot being below the level of Deprrrty i)iii:ctc,r cf Brrdget; (c) the Attorne\,-Ccu,:riri or a ciesigrieted alternate not bein.q bcl,riv thc ir'vei qr{' Sertior State Counsel: (d) the principai sec;ctary in rir:' Ministry responsible for matters reialinp.

io cclucatiori or a designated alternate not being [rekt''.i, tire lcl,el of l)irector; t922 No.

30 Nutionul Govenntent Cottstitucttt'ies Dev'elopment Fund 2015 (e) seven other persons, three of whom shall be of the opposite gender and at least one shall be a person with disability, qualified in matters relating to finance, accounting, engineering.

economics, community development, public affairs, project management, education, security or law appointed by the Cabinet Secretary with the approval of the National Assembly ; and (0 the chief executive officer who shall be an ex fficio member without a right to vote.

(2) ln nominating or approving the appointment of a person as a member of the Board under sub-section (1), the Cabinet Secretary and the National Assembly shall take into account gender equity and the regional diversities of the people of Kenya.

(3) The Cabinet Secretary shall appoint the chairperson of the Board from amongst the five persons appointed in accordance with paragraph (c) of subsection (t).

(4) The names and curriculum vitae of the persons nominated to be appointed as members of the Board pursuant to paragraph (c) of subsection (1) shall, before appointments are made, be submitted to the National Assembly for approval.

16.

The functions of the Board shall be to- Functlons of the Board (a) ensure timely and efficient disbursement of funds to every constituencyl (b) ensure efficient management of the Fund; (c) consider project proposals submitted from various constituencies in accordance lvith the Act, approve for funding those projects proposals that are consistent lvith this Act and send funds to the respective constituency fund account of the approved projects; (d) co-ordinate the implementation of projects at the inter-constituency [evel ; (e) receive and address complaints that may arise from the impiementation of the Acf : 1923 2015 National Goyernnent Constituencies Det'cl,tpmcnt Frtntl No.

30 (f) encourage best practices in the implementation of projects; (g) administer the funds and assets of the Board in such manner and for such purpose as shall promote the best interest of the Board in accordance with the Act to ensure efficient management of the Fund; and (h) perform such other duties as the Board may deem necessary from time to time for the proper management of the Fund.

17.

The Board shall have all the powers necessary fbr PowersortheBoard the proper performance of its functions under this Act, and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to- (a) receive gifts, donations, grants or other moneys and equipment and make legitimate disbursements therefrom; (b) receive and discuss annual reports and returns from the constituencies; and t, I (c) enter into association with such other persons, bodies or organisations within or outside Kenya as the Board may consider appropriate in furtherance of the objects of this Act.

18.

(1) The conduct and regulation of the business and (i)nduct of the busrness and affarrs affairs of the Board shall be as set out in the Second ol thc Board Schedule.

(2) Except as provided in the Second Schedule.

the Board may regulate its own procedure.

(3) Where any issues of policy arise in the course o[ the performance of its functions under this Act, the Board shall refer the issue to the Cabinet Secretary.

(4) The Board may, in the discharge of its functions under this Act, make official or impromptu visits to projects at such times.

as it may deem appropriatc.

19.

(l) A member of the Board may be removed from r.n,ber.1rhr Ii office on any one or more of the follorving {rounds- B<,a,,rI (a) serious violation of the Constitution or any othr:r law: IIII \ 1921 NutionalGot'ernnrcntConsfitrtt'trciesDevelopntL'ntFwrd 2015 No.30 (b) -sross rnisconduct.

whether in performance of the member's or office hoider's functions or otherwise; (c) physical or mental incapacity to perform the functions of office: (d) incompetence; (e) bankruptcy ; or (0 engaging in active politics.

(2) A person desiring the removal of a member of the Board under subsection (1) may present a petition to the National Assembly Committee setting out the alleged facts constituting that ground.

(l) (3) A member sought to be removed under subsection shall be given a fair hearing before a decision is made by the National Assembly Comrnittee.

(4) The National Assembly Conrrnittee shall, upon receiving a petition under subsection (2).

consider the petition and may recommend that the mer,.rl,er be suspended pending the outcome of the complaint.

(5) The National Assemlrlv Conrmittee shall ct;nsider the petition and if it is satislied that it .iisck-rses ii .qroul1d ttnder subsection (1).

it shail irralle a rlct.:rn.it-tiiti,r!'r ilriit the luleniber lre rcnroved lrorlr ofl'icc and ths inen,i'.'r shail stancl removecl from off icc lipotl th,- ,,rlking of that determination (6) A vacancy arising as a result of the removal of a member under subsection (5) shall be filled in the manner set out in section l5 within thirty days of the occuri:ence of the vacancy.

20.

(1) There shall be a chief executive officer of the chrerexecutrve Board who shall be recruited by the Board through a competitive process and recomrnendalions made to the Cabinet Secretary for appointment, with the approval of the National Assembly.

(2) No person shall be appointed under this section unless such person- (a) has a degree in finance, accounting, engineering, economics, community development, law or a related fieid from a recognized university; ()l-5I 2015 N'trlrt'tru!Gt)r'tt'iltitt'ilt('onsritttctrctcsDct'elopmtntFrtnd No.30 (b) has at least ten years' working experience in the relevant field: ancl (c) has served in a senior management position for a minimum period of five years.

(3) The chief executive officer shall subject to the directions of the Board.

be responsible for the day to day management of the affairs and staff of the Board.

(4) The chief executive officer shall serve for a period of three years renewable once.

21.

(1) There shall be a secretary to the Board who AppolntneIt (,1 \ecretar) to tllc shall be appointed by the Board.

Boarrl (2) The secretary shall be responsible for arranging the busjness of the Board's meetin-ts.

keeping rccords of the proceedings of the Board, and strall perfonn such other duties as the Board may direct.

(3) In the performance of the duties under this Act, I the Secretary shall be responsible to the chief executive officer.

r ( ) The Board may in the absence of the secretary appoint any member of the Board or staff of the Board to temporarily perform the functions of the secretary under subsection (2) subject to such conditions or restrictions as the Board may determine.

22.

(1) The Board shall appoint such officers and starrordreBoard other staff as are necessary for the proper management of the Fund and discharge of its functions under this Act, upon such terms and conditions of service as it may determine.

(2) The officer of the Board for each constituency shall administratively report to the Constituency Committee.

(3) The Constituency committee shall participate in the annual appraisal of the officer of the Board seconded to the constituency based on criteria developed by the Board.

4) The principal management structure of the Board shall be established or varied by the Board with the approval of the Cabinet Secretary.

t926 NtttionalGoventn'tentC'onstituent'iesDet'elopntentFurtd 2015 No.30 23.

(l) The expenditure for running the Board and Fmanccsorthe related purposes shall be set aside at the beginning of the financial year and not more than five per centum of the total allocation to the Fund in the financial year may be used for this purpose, the annual budget of which shall be approved by the Cabinet Secretary with the concurrence of the National Assembly Committee.

(2) The personal emoluments of Government officers working or involved in the management of the Fund shall be provided for under the recurrent expenditure of Government but any other emoluments or payments to such officers from the Fund shall be determined by the Cabinet Secretary in consultation with the Salaries and Rem uneration Commi ssion.

PART IV_NATURE OF PROJECTS 24.

A Project under this Act shall- ProJects to be rn respct of natlonal (a) only be in respect of works and services falling govcrnment within the functions of the national government functlons.

(b) under the Constitution; and be community based in order to ensure that the benefits are available to a widespread cross- section of the inhabitants of a particular area 25.

(1) Any funding under this Act shall be for a Fundlngorpropcts' complete project or a defined phase of a project and may include the acquisition of land and buildings.

(2) All projects shall be projects as defined under this Act and may include costs related to studies, planning and design or other technical input for the project but shall not include recurrent costs of a facility.

(3) Funds provided under this Act shall not be used for the purpose of supporting political bodies or political activities or for supporting religious bodies or religious activities.

(4) Notwithstanding the provisions of subsection (3), the Constituency Committee may identify a religious body or organization as an appropriate specialized agency for purposes of section 8 with regard to emergency support.

(5) Constituency Committee otfice project shall be considered as a development project for purposes of the Act and may include appropriate furniture and equipment for the office.

1921 ttr ve tt tnsti tu rt'.sDck pme ntF 20ts Nat ional G rn nt cCo enc ev u nd No.30 (6) Notwithstanding the provisions of subsection (2), up to a maximum of six per centum of the total annual allocation for the constituency may be used for administration, recurrent expenses of vehicles, equipment and machinery and such use shall be listed in the Third Schedule as a project.

(7) Projects may include the acquisition of vehicles, machinery and other equipment for the constituency.

(8) Sports activities shall be considered as development projects for purposes of this Act but shall exclude cash awards provided that the allocation to such activities does not exceed two per centum of the total allocation of the constituency in that financial year.

(9) Monitoring and evaluation of ongoing projects and capacity building of various operatives may be considered as a development project provided that not more than three per centum shall be allocated for this purpose.

(10) Environmental activities may be considered as development projects for purposes of this Act provided that the allocation to such activities does not exceed two per centum of the total allocation of the constituency in that I' financial year.

r (11) Each of the projects shall be listed in the Third Schedule including the emergency item under section 8 and, where applicable, the activities under subsections (5), (6), (7), (8), (9) and (10) of this section.

26.

(l) Constituencies with unspent funds at the end of Unspent funds and the financialyear shall submit new proposals to the Board Jolnt prolects for approval in accordance with section 31 of this Act.

(2) Constituencies may pool resources for joint projects provided that the decision for such joint projects shall first be approved by the Constituency Committees of each of the participating constituencies and shall be reflected on the projects listed for each of the participating constituencies.

(3) Where constituencies hav:' joint projects, the respective Constituency Committees shall co-ordinate the projects.

,\:,tlttttttl (tttyt rti ti, N.r.3(t PAR'IV_ IDENTIFICATI{]\ ZTND :iIIRN, I {SSION OF' CONSTITUENCY I}ROJE(]'I' PR{)POSALS 27.

( I ) The chairpers,rn ol iirc Constituency lliljll::',',"1,"' Cornmittee shall, within ihe f irst yeilr of the prorccts, commencernent of a llew Parlii,tnrirt litrd .rt least once every two years thereafter, con\,/elrc upen lr)rllm public meetings iu every ward in the ccrstitrlgllsr,'1.ti deliberate on development matters in the rvat'd lnd in thc coflsfituency.

(2) The Constituency Ct-n-"nittce shall dciibe'ate on project proposals fron-r all the *,aid' u, tlte, r:t'tisiiiilelcy and any other projects rvhich tlrc' i'cir.riLl:cncv {'omr:rittee considers beneficial to the conitittii',,"'y, in'.'irtding joint projecls with other constituenciu'S.

r,,ir";i'-i,: rlre naiional development plans and policies arrd in,.- constr-uency strategic development plan, and idertirl'r' r li.st of priority projects, both immediate and long term.

out of which the list of projects to be submitted in accordance with the Act shall be drawn from.

(3) The list of proposed constituency based projects to be covered under this Act shall be submittecl by rl Constituency Committee to the Boarcl.

I 28.

(1) The list of the proposed i.onstituency projects ::ljl,f:" shall be submitted to the Board befble the eiid of the month I of February in each year or such other mcntlt as may be determined by the Cabinet Secretar.y in order to ensure timely inclusion of the projects in the annual Government budget of a particular financial year:.

(2) Where the Constitu:ncy Committee fails to submit the list of constituency t'ased projects to the Board within the stipulated time in subsection (l), the iist shall be deemed to have been submitted to the BoartJ upon the lapse of the stipulated time.

29.

(L) The list of projects shall bc subntitted on a Submrssionrorm' Constituency Projects Submission []ori-r, s!-t out in the Third Schedule to this Act accoilpar:;ud Lr.,' rninutes of the Constituency Conrnrittee appr(,,'"'r llr, lrrr.,rcls.

(2) All projects proposed tor evcry constituency shall be listed in the Form togethe: '"vith the cost estirnates, amounts allocated and amounts Jisbursed to such projects.

1929 2015 Nulittrtal Govcrtrtrtt'nt CLttr,s'tilut'ncie.sf)ct'clopnreut Frrtrtl No.

30 30.

For cvery pro-iect listed in the Constituency l't1)r(!ts desrrPrroD Projects Submission Form, there shall he attached a Project Description Forrn as set out m the Fourth Schedulc.

31.

(1) 'l'he list of prcrjects received by the Board ;l,l[I."'" prrrsuant to section 27 shall be tabled tor review at a meeting of the Board.

(2) The Board shall scrutinize and approve for funding those prcr.ject proposals that alc consislent with the Act.

(3) Wherc the Board cioes not approve a proposal submitted to it under this section, it shall refer the matier to the Constituency Committee giving reasons as to why it has declined the proposal 32.

The allocation of funds to various projects in each Dlscretron of Constltuency constituency is the responsibility of the Constituency (irnrm rttee Committee to be exercised at its own discretion within the provisions of this Act.

33.

The projects listed for each constituency shall be Llst to be seflallsed numbered by the Board and the serial numbers of all projects in a constituency shall bear the number of the cclnstituency as delineated by the Independent Electoral and Boundaries Commission in order to ensure that a project retains the same serial number every year untii its completion.

34.

(1) The budget ceiling for each constituency shall Basrs fbr budget be- cer I rng (a) three quarters of the amount specified in section 4(1) divided equally among all constituencies; and (b) an amount equal to a quarter of the amount specified in section 4(1) divided by the national poverty index multiplied by the constituency poverty index (2) The chairperson of the National Assembly Committee shall table in the National Assembly a schedule showing the ceiling for each constituency, which shall be determined in accordance with subsection (1).

35.

(1) The types of projects submitted for funding crrte.arorprorects under this Act shall comply with the provisions of this Act.

I 930 NutionalGovenunentConstituenciesDet'elopmentFttntl 2015 No.30 (2) lt shall be the responsibility of the Constituency Committee to ensure that the list of projects submitted for funding comply with the provisions of the Act and their total cost does not exceed the allowable ceiling for the particular constituency or is not below that ceiling.

(3) If the list of projects submitted for funding is in contravention of subsection (2) the same shall be referred back to the Constituency Committee for amendment and re-submission.

(4) Whenever the amount for projects in a constituency is less than the allowable ceiling for reasons of projects being rejected in accordance with subsection (3), or for whatever reason, the shortfall shall be indicated as unallocated amount against that particular constituency on the list to be forwarded to the Cabinet Secretary.

PART VI-IMPLEMENTATION OF PROJECTS 36.

(1) Projects under this Act shall be implemented :;ml#:i3*"'*' by the project management committee appointed in ,mprernent.

accordaflee with the regulations rnade under section 57, with the assistance of the relevant department of Govemment and all payments through cheques or otherwise shall be processed and effected in accordance with government regulations for the time being in force.

(2) Where a project in a constituency involves the purchase of equipment, such equipment shall remain for the exclusive use of that constituency.

(3) All fixed and movable assets, including equipment bought under this Act for use by the Constituency Committee shall be the property of the Board and shall be insured in the name of the Board.

(a) The propert! referred to in subsection (3)- (a) shall bear the name and number of the Constituency as delineated by the Independent Electoral and Boundaries Commission; and (b) equipment bought for public institutions shall remain in the exclusive use of those institutions.

(5) No asset or equipment acquired under this section shall be disposed of without prior approval of the Board.

r93t 2015 Notionol Goyernntent Constituencies Development Fund No.30 (6) Any proceeds that may accrue from the disposal of any asset acquired pursuant to subsection (5) shall be credited to the account of the constituency from whose funds the asset was acquired and such funds shall be reflected and declared as part of the following year's constituency fund for that constituency.

37.

All works and services relating to projects under Procurement of servrccs and works.

this Act shall be procured in accordance with the Cap.4l2A.

provisions of the Public Procurement and Disposal Act, 2005.

38.

The officer of the Board in every constituency Record of receipts shall compile and maintain a record showing all receipts, and drsburrcment.

disbursements and actual expenditures on a monthly basis in respect of every project and sub-project under this Act and shall- (a) table such record at a meeting of the (b) Constituency Committee in every month; and submit a summary of the record for the year to the Constituency Committee not later than thirty days after the end of every financial year.

39.

(l) An accurate record of all disbursements made Rccords of drsburscment to be for projects to every constituency shall be kept and updated kept, every month by the Board.

(2) The disbursement of funds to the constituency fund account shall be effected at the beginning of the first quarter of each financial year with an initial amount equivalent to twenty-five per centum of the annual allocation for the constituency and thereafter the constituency fund account shall be replenished in three equal instalments at the beginning of the second, third and fourth quarters of the financial year.

(3) The Chairperson of the Board shall submit an annual report on the activities, operations and expenditure under the Act.

(4) At the end of every financial year the Board shall submit separate accounts of the constituencies and the Board to the Auditor-General.

40.

The Board shall ensure that the list of projects ProJect fundrng forwarded to it by each constituency is, upon approval, funded in accordance with the Act.

l912 Nationul(]ttvcrnnrcntCott,ttitucnciesD,:r'clotrlneiltFttn(l 2015 No.30 41.

(l) Projects initiirted by a community shall be :?ilTJJly" eli-eible for support utrder this Act provided that such er,g,bre projects shall be submitted rvith tl-re other projects in conformity with the requirements of this Act.

(2) Pursuant to subsection ( I ).

a community shall, rnaintain an elected comrnittee to replesent the interests of that comrnunity during and after the implementation of the project and such a committee shall confbrrn to fhe recluirements of this Act.

12.

The Board shall ensure that no duplication of ,T::iii'fi,:' projects occur particularly w'here it rs prudent to combine avo,ded efforts on projects designed to benefit a large section of a community which traverses two or rnore Constituencies.

PART VII_THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMN,IITTEES 43.

(I) There is established a National Government Natronar Constituency Development Fund Committee fbr every 3:J:,Tffi[ - constituency.

Fund 3:wloPrent (2) Each Constituency Committee shall comprise of-- (a) the nationai government official responsible for co-ordination of national government functions; (b) two men each nominated in accordance with subsection (3), one of whom shall be a youth at the date of appointment: (c) two women nominated in accordance with subsection (3).

one of whom shall be a youth at the date of appointment: (d) one persons with disability nominated by a registered group representing persons with disabilities in the constituency in accordance with subsection (3); (e) two persons nominated by the constituency office established under Regulations made pursuant to the Parliamentary Service Act; (0 the officer of tlie Board seconded to the Constituency Committee by the Board who shall be an ex fficio member without a vote.

l9-ll 207s Nutiortul Goyenunettt ConslituenL'ics Dcvelopmett Fund No.30 (g) one member co-opted by the Board in accordance with Regulations rnade by the Board.

(3) The seven persons referred to in subsection (2)(b), (c).

(d) and (e) shall be selected in such nlanner and shall have such qualifications as the Boarci nray, by Reguiations, prescribe.

(4) The names of the persons selectecl under subsection (3) shall be submitted by the Board to the National Assembly for approval betbre appointment and gazettemelt by the Board.

(5) The Regulations made under subsection (3) shall be submitted to the National Assembly for approval before publication by the Board.

(6) The first meeting of the Constituency Committee shall be convened within sixty days of the commencement of a new term of Pariiament or the date of the holding of a by-election, by the national governnrent otficial at the constituency or in his or her absence.

by an officer of the tsOard SeCOnded to the c<tnstituenc_r,.

tin ::i;r.h 6li:.7 LlS tnay be designated by the Cahinet Secrelary.

(7) The quorum of the Constituency Committee shatrl be one half of the total membership.

(8) The term of office of the members of the Constituency Committee shall be two vears and shall be renewable but shall expire upon the appointment of a new Constituency Committee in the manner provided fbr in the Act, or as may be approved by the Board.

(9) The Fund account manager seconded by the Board to the constituency shall be the custodian of all records and equipment of the constituency during the term of Parliament and during transitions occasioned by general elections or a by-election.

(10) Whenever a vacancy occurs in the Constituency Committee by reason of resignation, incapacitation or demise of a member the vacancy shall be filled from the same category of persons where the vacancy has occurred within a period of thirty days.

(11) The Constituency Committee shall meet at least six times in a year but the committee shall not hold more than twenty-four meetings in the same financial year, including sub-committee meetings.

1934 t tpm r ve rn es Nation al G nmen t Co s titu enci D ev ek ent F und 2015 No.30 (12) The Constituency Committee shall.

at its discretion, determine the quantum of instalments to various projects in the constituency, taking into account the disbursement received and the requirement of different projects.

(13) A member of the Constituency Committee may be removed from office on any one or more of the following grounds- (a) lack of integrity; (b) gross misconduct; (c) embezzlement of public funds; (d) bringing the comrnittee into disrepute through unbecoming personal public conduct; (e) promoting unethical practises; (0 causing disharmony within the committee; (g) physical or mental infirmity.

(14) A decision to remove a member under subsection (13) shall be made through a resolution of at least five members of the Committee and the member sought to be removed shall be given a fair hearing before the resolution is made.

(15) A vacancy arising as a result of the removal of a member under subsection (13) shall be filled in the manner set out in subsection (10) and minutes of the meeting shall indicate the fact of the removal or appointment of a member.

U.

(l) A person may present a petition to the Board for the dissolution of a Constituency Committee setting out the alleged facts constituting any one or more of the following grounds for dissolution - (a) serious r,iolation of the Constitution or any other law including a contravention of Chapter Six; (b) gross inisconduct, whether in performance of the mem!,cr's or oltice holder's functions or otherwise: (c) incompetence; I 935 2015 Nationul Goyenunent Constituent'ies Det'elopment Fund No.30 (d) bankruptcy; or (e) any other cause as may be deemed justiflable.

(2) On receiving a petition under subsection (l), the Board may suspend the Constituency Committee pending the outcome of the complaint.

(3) The Board shall, consider the petition, hear all or part of the members of the committee and where it is satisfied that the petition discloses sufficient ground for dissolution, dissolve the Constituency Committee.

(4) Vacancies arising as a result of the removal of all the members of the Constituency Committee under subsection (3) shall be filled in the manner set out in section 43 and minutes of the meeting shall indicate the fact of the removal or appointment of members.

45.

(1) The Constituency Committee may engage such Staff of thc Constituency staff as may be necessary for execution of its functions Commlttee.

including persons with knowledge in information and communications technology, construction and basic accounting.

(2) Staff employed under subsection (l) shall assist the Constituency Committee in project monitoring, evaluation, co-ordination and proper keeping of records and such staff shall be remunerated from the funds allocated for administration and recurrent expenses of the Constituency Committee.

46.

(1) The Constituency Development Fund Cost estrmateb to he Committee may make appropriate consultations with the realrstrc.

relevant Government departments to ensure that cost estimates for the projects are realistic.

(2) The Constituency Committee shall rank the projects in order of priority and whenever, in the opinion of the Board, the total cost of the projects listed exceed the ceiling for a particular constituency, then fhe order in which they are listed shall be taken as the order of priority for purposes of allocation of funds, provided that on-going projects shall take precedence over ail other projects.

47.

A project or any part thereof which involves Projects involvrng personal awards to personal awards to any person rvhether in cash or in be excluded kind,shall be excluded from the list of projects submitted in accordance with section 27 of the Act.

I936 NulionalGovernmcntCortstituencicsDetelopmentFund 2015 No.30 48.

The funding of social security programmes, socral securrtv education bursary schemes, mock examinations and B:':Tlffi;J';'' continuous assessment tests shall be considered as de\elopmenr development projects for the purposes of the Act provided prolects that such projects shall not be allocated more than thirty five per centum of the total funds allocated for the constituency in any financial year 49.

For the purposes of this Act, the Board may [ll]['J,r,,T consider part funding of a project financed from sources permirierr other than the Fund so long as the other financiers or donors of that project have no objection and provided that the part funding for the project availed pursuant to this Act shall go to a defined unit or any part thereof or phase of the project in order to ensure that the particular portion defined in the allocation is completed with the funds allocated under this Act.

PART VIII_NATIONAL ASSEMBLY SELECT COMMITTEE 50.

( l) The National Assembly shall, in accordance R:l13[iffL:iil' with its Standing Orders, establish a Select Committee on ScrectCommruee the National Government Constituencies Development Fund consisting of a chairperson and not more than eighteen other members of the National Assembly.

(2) In determining the membership of the National Assembly Committee, the National Assembly shall ensure proportionate representation of the Parliamentary poiitical parties.

(3) The term of office of the members of the National Assembly Committee shall be three years renewable or upon the appointment of a new Committee in a manner provided for in this Act, whichever comes earlier.

(a) The procedures and rules for the operations of the National Assembly Cornmittee shali be governed by the Standing Orders of the National Assernbly.

(5) The functions of the National Assembly Committee shall be- (a) to oversee the implcmentation of this Act and in this respect, shall aficr every two years submit a report to the National Assembly and where necessary, propose any amendments to this Act, in particular, with respect to the quantum of 1937 2015 NationalGovernmentConstituenciesDevelopmentFund No.30 funds repayable into the Fund in accordance with section 4 of the Act; (b) to oversee the policy framework and legislative matters that may arise in relation to the Fund; (c) to continually review the framework set out for the efficient delivery of development programmes financed through the Fund; (d) to consider and report to the National Assembly, with recommendations, names of persons required to be approved by the National Assembly under this Act; and (e) to carry out any other functions relevant to the work of the Fund.

(6) The National Assembly Committee may make reports other than the statutory report stated in sub-section 5 (d) to appraise the National Assembly on various matters relating to the Fund and to seek various approvals as required by the Act.

51.

(1) The Board shall, on a quarterly basis, submit a Qudcrty rcports dr projets rnd report to the National Assembly Committee detailing- disburcmats- (a) a sufirmary of the project proposals received from the constituencies in the preceding month and indicating the approval status of such projects; (b) a summary of the status of disbursements of funds to the constituencies for that preceding (c) month; a summary of the status of disbursements from the Treasury to the National Account; and (d) any restriction imposed on a constituency account in accordance with the Act.

(2) The National Assembly Committee shall consider the reports received from the Board under sub-section (1) and table a report to the National Assembly within 14 days of the receipt of the reports.

52.

The existence of another allocation by the national Allocetions under thc Act rc government to a project in the constituency or a supplemantery.

neighbouring Constituency shall not be used as a reason to deny either approval or funding of any project consistent with this Act.

1938 NationalGovernmentConstituenciesDevelopmentFund 2015 No.30 53.

(1) There is established a Constituency Oversight Committee for projects undertaken under this Act.

(2) The Constituency Oversight Committee shall be comprised of the constituency member of the National Assembly and not more than four other members, appointed by the Member of National Assembly for the constituency in consultation with other stakeholders.

(3) The constituency Member of National Assembly shall, in consultation with the Constituency Oversight Committee at least twice in every financial year ,and upon giving notice of at least fourteen days, convene public forums for purposes of- (a) mobilizing and sensitizing the respective target groups on any matter related to the Fund; and (b) soliciting views, opinions and proposals from the public in regard to the Fund and presenting the views and opinions to the National Assembly; (a) The public may in the public forums above- (a) make recommendations to the Constituency Committee for the better implementation of projects undertaken under the Act; (b) witness the commissioning of projects and issuance of cheques and other disbursements by the Constituency Committee; and (c) express their views on the implementation of the Fund.

(5)A member of the Constituency Oversight Committee may attend meetings of the Constituency Committee or its sub-committees, to ensure fair distribution of the fund.

PART IX -MISCELLANEOUS PROVISIONS 54.

(l) The provisions of this Act shall be hovisions in thc Act complimentary to any other development efforts by the ere complimantrry.

national government or any other agency and nothing in this Act shall be taken or interpreted to mean that an area may be excluded from any other development prograrnmes.

(2) For the avoidance of doubt, normal Government development allocations shall continue alongside the projects funded under this Act.

1939 2015 National Government Constituencies Development Fund No.30 55.

Any person who misappropriates any funds or Offences and assets from the Fund, or assists or causes any person to penalhes.

misappropriate or apply the funds otherwise than in the manner provided in this Act, commits an offence and shall, upon conviction, be liable to imprisonment for a term of not less than five years or to a fine of not less than five hundred thousand shillings, or both.

56.

(1) All complaints and disputes by persons arising Drspute resolution.

due to the administration of this Act shall be forwarded to the Board in the first instance.

(2) Complaints of a criminal nature shall be forwarded by the Board to the relevant government agencies with prosecutorial powers.

(3) Disputes of a civil nature shall be referred to the Board in the first instance and where necessary an arbitration panel whose costs shall be borne by the parties to the dispute, shall be appointed by consensus of the parties to consider and determine the matter before the same is referred to court.

(4) Notwithstanding subsection (3), parties shall be at liberty to jointly appoint an arbitrator of their choice in the event of a dispute but where parties fail to jointly agree on an arbitrator, any of the parties may apply to the Cabinet Secretary to reconsider the Board's decision and determine the matter.

(5) Subject to this Act, no person in the management of the Fund shall be held personally liable for any lawful action taken in his official capacity or for any disputes against the Fund.

PART X_PROVISIONS ON DELEGATED POWERS 57.

(1) The Board may make Regulations for better Regulatlons carrying into effect the provisions of this Act.

(2) For the purposes of Article 94 (6) of the Constitution- (a) the purpose and objective of the delegation under this section is to enable the Board to make Regulations for better carrying into effect the provisions of this Act; 1940 NationalGovernmentConstituenciesDevelopmentFund 2015 No.30 (b) the authority of the Board to make Regulations under this Act will be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; and (c) the principles and standards applicable to the delegated power referred to under sub-section (1) are those found in- (i) the Statutory Instruments Act, 2Ol31.

No.23or2or3 (ii) the Interpretation and General Provisions cap.z.

Act; (iii) the general rules of international law as specified under Article 2(5) of the Constitution; and (iv) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.

(3) Without prejudice to the generality of subsection (1) the Board may make regulations prescribing- (a) the manner of selection of, and the qualification of members of the Constituency Committees; (b) the procedure for appointment and removal of members of the project management committees; (c) the Forms to be used in application for the Fund for various purposes; and (d) the eligibility criteria for funding of social security programmes.

PART XI - TR.ANSITIONAL PROVISIONS 58.

(1) In this section- Tnnritionrl provisions.

"commencement day" means the date when this Act comes into operation; (2) On the commencement day, all the funds, assets and other property both movable and immovable, which No.30of20l3 immediately before such date wefe vested in the Constituencies Development Fund Board established under the Constituencies Development Act, 2013, shall by virtue of this subsection, vest in the Board.

(3) On the commencement day, all rights, powers and liabilities, whether arising under any written law or t94l 2015 National Government Constittrcncies Development Fund No.30 otherwise which immediately before such day were vested in, imposed on or enforceable against the Constituencies Development Fund Board established under the Constituency Development Fund Act, 2013 shall be No'30ormr3' deemed to be vested, imposed or enforceable against the Board.

(4) Any reference in any written law or in any document or instrument to the Constituencies Development No.30or2or3.

Fund Board established under the Constituency Development Fund Act, 2013, shall, on and after the commencement day, be construed to be a reference to the Board.

(5) The annual estimates of the Constituencies Development Fund Board established under the No 30or20r3' Constituency Development Fund Act, 2OI3, for the financial year in which the commencement day occurs shall be deemed to be the annual estimates of the Board for the remainder of that financial year.

(6) The administrative directions made by the Constituencies Development Fund Board established under No'30or20r3' the Constituency Development Fund Act,2013, or by the Cabinet Secretary which are in force immediately before the commencement day shall, on and after such day, have force as if they were directions made by the Board or the Cabinet Secretary under this Act.

(7) Any person who is an officer or employee of the Constituencies Development Fund Board established under No'30or2or3' the Constituency Development Fund Act, 2013, immediately before the commencement date of this Act shall be an officer or employee of the Board in the same capacity and on the same terms he or she was serving before the enactment of this Act.

(8) The members of the Constituencies Development Fund Board established under the Constituency No 30or20r3' Development Fund Act, 2Ol3 and the chief executivL officer shall continue in office as members of the Board and the chief executive officer respectively until the expiry of their existing terms.

(9) The Fund established under section 4 of this Act shall be the successor to the Constituencies Development No.30or20r3.

Fund established by section 4 of the Constituencies Development Fund Act, 2013.

1942 No.

30 National Government Constituencies Development Fund 20lS FIRST SCHEDULE (s.

6 (s)) CONSTITUENCY PROJECTS RE.

ALLOCATION FORM Constituency No.

Constituency Name.

.

Financial year.

Project Project Amount Amount Balance Unspent to No.

Title allocated disbursed (KSh).

be (KSh.) (KSh.) reallocated Totals Signature.

.Date Name.

Position 1943 Nationul Government Canstituencies Development F und 2015 No.30 SECOND SCHEDULE (s.

18 (1) and (2)) COI\DUCT OF THE BUSINESS AND AFFAIRS OF THE BOARI) Tcnurc of offie l.The Chairperson or a member of the Board other than ex fficio members shall, subject to the provisions of this Schedule, hold office for a period of three years, on such terms and conditions as may be specified in the instrument of appointment, but shall be eligible for appointment for one further term.

Mcctingr.

2.

(l) The Board shall not meet less than six and not more than eighteen times in the financial year and not more than two months shall elapse between the date of one meeting and the date of the next meeting.

(2) Notwithstanding subparagraph (1), the Chairperson may, and upon requisition in writing by at least five members, convene a special meeting of the Board at any time for the transaction of the business of the Board.

(3) Unless three quarters of the total members of the Board otherwise agree, at least fourteen days' written notice of every meeting of the Board shall be given to every member of the Board.

(a) The quorum for the conduct of the business of the Board shall be five members.

(5) The Chairperson shall when present, preside at every meeting of the Board but the members present shall elect one member to preside whenever the Chairperson is absent, and the person so elected shall have all the powers of the Chairperson with respect to that meeting and the business transacted thereat.

(6) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present and voting, and in case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.

(7) Subject to subparagraph (4), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.

1944 National Government Constituencies Development Fund 2015 No.30 (8) Subject to the provisions of this Schedule, the Board may detennine its own procedure for any committee of the Board and for the attendance of other persons at its meetings and may make standing orders in respect thereof.

Committccs of thc 3.

(1) The Board shall establish such committees as it may Board.

deem appropriate to perform such functions and responsibilities as it may determine.

(2) The Board shall appoint the Chairperson ofa committee established under subparagraph (1) from irmong its members.

(3) The Board may where it deems appropriate, invite any person to attend the deliberations of any of its committees.

(4) All decisions by the committees appointed under subsection (1) shall be ratified by the Board.

Disclosurc of rntcrcst.

4.

(1) A member who has an interest in any contract, or other matter present at a meeting shall at the meeting and as soon as reasonably practicable after the commencement, disclose the fact thereof and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.

(2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the meeting at which it is made.

(3) A member of the Board who contravenes subparagraph (1) shall cease to be a member of the Board upon direction of the Cabinet Secretary.

Contrrcts ud 5.

Any contract or instrument which, if entered into or insEumnts.

executed by a person not being a body corporate, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorized by the Board for that purpose.

Common scrl.

6.

(1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board.

(2) The affixing of the common seal of the Board shall be authenticated by the signature of the Chairperson, the Chief Executive Officer and one member nominated by 1945 2015 N at io nal G ov e rnment s ie D pment C on tituenc s ev e lo F und No.30 the Board and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of the Chairperson, the Chief Executive Officer and that member nominated by the Board.

(3) The corlmon seal of the Board when affixed to a document and duly authenticated shall be judicially and officially noticed and unless and until the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given.

Provrsrons of the 7.

The provisions of this Schedule shall apply to the Schedule to apply to the condEt of the conduct of the business of the Constituency Committee business of the but only where no specific provisions have been made in Constituency Commifte.

this Act, and only in so far as they do not constitute a contradiction or negation of the provisions of the Act.

1946 No.

30 National Government Constituencies Development Fund 2Ol5 THIRD SCHEDULE (ss.

25 (6), (11) and 29 (l)) CONSTITI,JENCY PROJECTS SI,]BMISSION FORM Constituency f.lo,.

Cmslituency Nafire.

Financialyear.

ChairmmCDFCCommitEe.

Srgnat'l]E Dd6,.,.-,.,.

Sone, Naneol ffi*t Amosnta[bcalud Total forlhe Financlal Year 1947 2015 National Government Constituencies Development Fund No.

30 FOURTH SCHEDULE (s.

30) PROJECT DESCRIPTION FQRM Constituency No.

Constituency Name.

.County.

Project Number.

hoject Title.

Sector.

of projects (tick one) Status .Extension.

.Ongoing.

New.

Rehabilitation.

Brief statement on project status at time of submission Financial year.

lstJuly.

.to 30th June.

Original Cost estimates, in KSh.

.

.dated.

Amount allocated last financial year.

Person completing form: Signature.

Date Name.

Position II.