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State Corporations Act

An Act Of Parliament To Make Provision For The establishment Of State Corporations; For Control And Regulation Of State Corporations; And For Connected Purposes

· It contains the law establishing state corporations

· It contains the law regulating and controlling state corporations

The following can be termed as state corporations;

· State corporations established under this Act

· Body corporates established under an Act of Parliament or other written laws

· A bank or financial institution licensed under the Banking Act Cap 488 or a company incorporated under the Companies Act, 2015 in which the Government or any state corporation own a majority of the shares or stock

           -A subsidiary of a state corporation

· The Permanent Secretary to the Treasury incorporated under the Permanent Secretary to the Treasury (Incorporation) Act (Cap. 101);

· Boards/body corporates created by the County Government;

· A co-operative society;

· A building society;

· A company which is not wholly owned by the Government;

· The central bank of Kenya;

· Any other body corporate established under the law declared by the President not to be a state corporation and a gazette notice issued to that effect.

It is significant to note that each state corporation is established for its specific purpose. However these state corporations all have the following general powers;

· The power to continue to exist despite the death, bankruptcy, insanity or change of membership [perpetual succession]

· Capable of suing or being suing in its own name

· Capable of buying and selling property

· The power to borrow money in Kenya or any other country

· To engage or employ staff including the Chief Executive Officer

· In consultation with the Treasure and the State Corporations Advisory Committee with the approval of the Cabinet Secretary establish pension, gratuity, superannuation, provident or other funds for the state corporation’s employees and their dependants.

· Power to establish relevant committees by virtue of section 9

The relevant law establishing a corporation may specify this composition, however State Corporations Act provides for the general members required to be in such boards for management purposes. The relevant law establishing a corporation may specify this composition, however State Corporations Act provides for the general members required to be in such boards for management purposes.

· The chairman appointed by the president

· The chief executive

· The permanent secretary to the parent ministry

· The permanent secretary to the treasury

· Less than eleven members not being employees of the state corporation, of whom not three shall be public officers, more than appointed by the cabinet secretary

· Where a member serves the cabinet secretary a written notice of resignation

· Where a member has been absent for three consecutive meetings without permission from the cabinet secretary and the board is not aware

· Where a member has been convicted of an offence and sentenced to a jail term beyond 6 months or is liable to a fine above Ksh 2,000/=

· Where a member is incapable of performing board duties sue to physical or mental illness

· Where a member is of an inappropriate conduct

The assets of a state corporation may be disposed of—

· If they are current assets in the normal course of business carried on by that state corporation;

· Where the disposal and the utilization of the proceeds have been taken into account in an annual estimate prepared and approved

· By way of sale or otherwise with the approval of the Minister and the Treasury where such disposal has not been taken into account in the estimates

· The general rule is that loans can be granted subject to regulations established by the Board which have been approved by the Treasury.

· Where the board has not enacted any regulations as to the issuance of loans, the State Corporations would advance loans/credit subject to the terms and conditions approved by the State Corporations Advisory Committee.

The duties of the Inspector-General [Corporations]

· To advise the Government on all matters affecting the effective running of state corporations;

· To report periodically to the Cabinet Secretary on management practices within any state corporation;

· To report to the Controller and Auditor-General and any cases where moneys appropriated by Parliament are not being applied by state corporations for the purposes for which they were appropriated.

The powers of the Inspector General [Corporations]

The Inspector General [Corporations] has the powers;

· To call for and inspect all books, records, returns and documents which in his opinion relate to the accounts of, or to execution of the functions of, any state corporation;

· To enter and inspect the premises, including any plant and installation thereon, of any state corporation;

· To attend meetings of any state corporation or of a Board or committee thereof if in his opinion it is necessary to do so for the effective carrying out of his duties.

The State Advisory Committee, Controller and Auditor General may require the Inspector General [Corporations] to conduct investigations regarding the affairs of and State Corporation. After conducting such investigations, the Inspector General [Corporations] has the powers under section 19;

· To disallow any item of account which is contrary to the law or to any direction lawfully given to a state corporation;

· To supplement the amount of any expenditure so disallowed upon the person responsible for incurring or authorizing the expenditure;

· To supplement any sum which has not been duly brought to account upon the person by whom that sum ought to have been brought into account;

· To supplement the amount of any loss or deficiency upon any person by whose negligence or misconduct the loss or deficiency has been incurred;

· To certify the amount due from any person upon whom he has made a supplement

What is the composition of The State Corporations Advisory Committee?

· The Permanent Secretary in the Office of the President who is the chairman;

· The Permanent Secretary to the Treasury;

· The Director of Personnel Management;

· The Inspector-General (Corporations);

· 8 members appointed by the President.

What are the duties of The State Corporations Advisory Committee?

· Review and investigate with the assistance of experts the affairs of the state corporations and make recommendations to the president;

· To advise the President in consultation with the Attorney-General and the Treasury, on the establishment, reorganization or dissolution of state corporations;

· To advise on the appointment, removal or transfer of officers and staff of state corporations;

· To advise the secondment of public officers to state corporations and the terms and conditions of any appointment, removal, transfer or secondment;

· To examine any management or consultancy agreement made or proposed to be made by a state corporation with any other party or person and advise thereon;

· To examine proposals by state corporations to acquire interests in any business or to enter into joint ventures with other bodies or persons or to undertake new business or otherwise expand the scope of the activities and advise thereon

· By dint of section 28, the State Corporation Advisory Committee may also advise on the dissolution of a state corporation

· To implement budget approved by the Treasury and the parent Ministry;

· To recruit staff including the chief executive of the state corporation;

· To develop and negotiate with the parent Ministry performance targets for the state corporation for a specified financial year;

· To develop, maintain and review on a regular basis the strategic plan for the state corporations;

· To manage the assets of the state corporation;

· To enter into and implement performance contracts with the chief executive of the state corporation;

· To submit quarterly reports of the performance of the state corporation to the parent Ministry, the Treasury and the Inspector-General (Corporations); and

· To perform any other duties that may be deemed necessary or expedient for the implementation of the performance contracts.

· To evaluate actual results of operation and management on the basis of agreed performance targets;

· Determining methods for evaluating performance on the basis of specified and agreed targets;

· To develop evaluation criteria;

· To submit results of evaluation to the Treasury and the parent Ministry within 3 months after the end of the financial year; and

· To advise the administrator of the performance contracts.

NO.

STATE CORPORATION ACT SUBSIDIARY LEGISLATION

PURPOSE OF SUBSIDIARY LEGISLATION

ACTIVE/INACTIVE

1

THE

KENYATTA NATIONAL HOSPITAL BOARD ORDER, 1897

 

Establishes the Kenyatta National Hospital Board as a state corporation charged with the following functions;

· Address health matters, and be in charge of the administration, management and development of Kenyatta National Hospital;

· Administer the assets and funds to promote the interests of the Hospital in general;

· Power to receive, on behalf of the Hospital, gifts, donations, grants or other money and to make legitimate payments of expenditure therefrom;

· Promote the general welfare of the patients and staff of the Hospital;

· Have power to enter into association with other hospitals, health institutions, institutions of higher learning and research organizations within or outside Kenya as the Board may consider desirable or appropriate and in furtherance of the purposes for which the Hospital is established;

· Make by-laws for the proper and efficient management of the Hospital which by-laws shall be bought to the attention of all those affected or governed by them but they shall not be published in the Kenya Gazette;

 

 

ACTIVE

2

THE NATIONAL WATER CONSERVATION AND PIPELINE CORPORATION ORDER, 1988

 

This order establishes the National Water Conservation and Pipeline Corporation as a state corporation charged with the following functions;

· Water development, management and the development of water projects;

· Apply for and obtain the necessary permits and licenses in the course of its duties;

· Assist the government in the formulation and execution of a national water development policy.

 

ACTIVE

3

THE NYAYO BUS SERVICES CORPORATION ORDER, 1988

 

This order established the Nyayo Bus Services Corporation as a state corporation in 1988 which primarily aimed to provide public transport at subsidized rates

INACTIVE

4

KENYA VETERINARY VACCINES PRODUCTION INSTITUTE ORDER, 1990

· Establishment of the Kenya Veterinary Vaccines Production Institute as a state corporation

· To coordinate and conduct all veterinary vaccines production in Kenya

· Market and distribute veterinary vaccines locally and abroad

· Research alone or with the cooperation of other research institutions in production of vaccines and general veterinary products

· Develop and produce chemicals, media and laboratory products for use in the production of vaccines and other veterinary products

· To provide relevant information on veterinary vaccines

ACTIVE

5

KEYA PLANT HEALTH INSPECTORATE SERVICE ORDER, 1996

· Establishes the Kenya Plant Health Inspectorate Service as a state corporation which has the following functions;

· To coordinate all matters relating to crop pests and disease control

· To establish laboratories to monitor the quality and levels of toxic residues in plants and soil;

· To advise the Director of Agriculture on the appropriate seeds and planting materials for export and import;

· To advise the Director of Agriculture on the issuance of sanitary ad phsytosanitary certificates;

· To monitor the observance of Plant Breeder’s rights;

· To undertake inspection, testing, certification, quarantine control variety testing and description of seeds and plating materials

· To award educational scholarships on the field of plant health services

· To enforce standards for good husbandry and the control of pests and diseases in national irrigation schemes

· To develop and to implement stardards on both imported and locally produced seeds

· To approve all export licences for plants and seeds

· To implement national policy on the introduction and use of genetically modified species, insects and micro-organisms

· To be the custodian of the plant breeder’s rights register

· To educate the public onsafe use of agro-chemicals

ACTIVE

6

KENYA TOURIST BOARD ORDER, 1997

· Establishment of the Keya Tourist Board as a state corporation which has the following functions;

· To promote and market Kenya as a tourist destination

· To establish a public relation service to address tourism issues and facilitste resolution of conflicts within the sector

· To monitor and ensure quality standards in the delivery of the tourism services

· To cooperate with the regional and international organizations as well as the county government to improve the tourism environment

· To create awareness to the general public on tourism

· To develop and maintain professional personnel to deal with the issues that adversely affect kenya’s image in the tourism industry

ACTIVE

7

KENYA INSITUTE FOR PUBLIC POLICY RESEARCH AND ANALYSIS ORDER, 1997

· Establishes the Kenya Institute for Public Policy Reasearch and Analysis as a state corporation which has the following functions;

· To develop capacities in pulic research and analysis and assist the government in the process of policy formulation and implementation

· To develop adequate analysis and research programming in areas such as human resources, agriculture, and rural development, trade and ndustry, pulic finance, money and finance and macro-economic modeling

· To establish a mechanism for close working relationships between the institute and institutions interested in utilizing its policy output

ACTIVE

8

KENYA ORDINANCE CORPORATION ORDER, 1997

· Establishment of the Kenya Ordinance Factories Corporation as a state corporation whose function is;

· To manufacture hardware machinery and equipment;

The legislation establishes a board and provides for its roles under section 6;

· To supervise the manufacture of materials and equipment and regulate the marketing of products locally and internationally;

· Monitor the quality and standards of the corporation’s products and ensure the maintenance of high standards;

· To direct research within the corporation in order to improve the products;

· To ensure the development and maintenance of professional personnel to deal with the manufacture and processing of material and equipment

· To establish and maintain good public relations with other parties to the corporation activities.

ACTIVE

9

MOI TEACHING AND REFERRAL HOSPITAL BOARD ORDER, 1998

Establishes the Moi Teaching and Referral Hospital Board as a state corporation.

The functions of the hospital are laid out in section 6 which are;

· To receive patients on referrals from other hospitals from within Kenya and other countries;

· To provide for facilities for medical education for Moi University;

· To provide educational facilities for health professions;

· To participate as a national referral hospital in national health planning.

ACTIVE

10

NATIONAL AIDS CONTROL COUNCIL ORDER, 1999

Establishes the National AIDS Control Council as a state corporation charged with the following functions;

· To develop policies and guidelines for the prevention and control of AIDS;

· Mobilize resources for the control and preventions of AIDS;

· Fund agencies that implement policies and guidelines on the prevention and control of AIDS

· Co-ordinate and supervise the implementation of AIDS programs in Kenya

· To collaborate with local and international agencies which work in AIDS control

· Facilitate the setting of AIDS programs in the country

· To mobilize people and organizations to participate in the prevention and control of AIDS

· To develop strategies to deal with AIDS

· To develop national management information systems for AIDS control

· Identify areas in which training on AIDS is required

· Develop appropriate mechanisms for the monitoring and evaluation of AIDS and Sexually Transmitted Diseases

· To create public awareness for the AIDS Council Program

ACTIVE

11

STATE CORPORATION (CERTIFICATE OF SURCHARGE) REGULATIONS, 2001

Provides for the form of certificate of surcharge issued by the inspector general[state corporations] in accordance with section 19 of the State Corporations Act cap 446 laws of Kenya

ACTIVE

12

STATE CORPORATIONS APPEAL TRIBUNAL RULES, 2001

It provides for the procedural process to be followed by parties aggrieved by the decision of the Inspector General [state corporations] who further want to appeal the decision at the state corporation appeals tribunal.

The pleading required here is a memorandum or record of appeal/

It further provides for the filing fees of the appeal under the second schedule

ACTIVE

14

NYAYO TEA ZONES DEVELOPMENT CORPORATION ORDER, 2002

Establishes the Nyayo Tea Zones Development Corporation as a state corporation charged with the following functions;

· To manage and foster the development of tea growing areas and forest conservation

· To enter into agreements with competent tea and fuel wood plantation firms as well as tea processing factories for the purpose of establishing plantations and processing tea produced by the corporation

· To transport, lease, sell or market in Kenya or outside Kenya any tea, wood, and other products produced or processed by the corporation or in its behalf.

ACTIVE

15

SPORTS STADIA MANAGEMENT BOARD ORDER, 2002

Establishes Sports Stadia Management Board as a state corporation charged with the following responsibilities;

· To manage and maintain sports facilities;

· To promote the utilization of sports facilities by Kenyans;

· Determine competitive charges for the use of sports facilities in Kenya;

· Collect fees and charges accruing from the use of sports facilities

· Liaise with county governments and companies for timely and effective service delivery;

· Account for all receipts accruing from the sports facilities;

· To plan on the expansion and growth of the sports facilities

· Raise funds for the purposes of performing its functions

ACTIVE

16

KENYATTA INTERNATIONAL CONFERENCE CENTER ORDER, 2004

Establishes the Kenyatta International Conference Center as a body corporate charged with the following functions;

· To promote and market conference tourism both locally and internationally;

· To monitor the quality and standard of conference of facilities and advice both private and public investors on improvement of such facilities;

· Plan and implement the expansion and modernization of existing conference facilities and develop new ones;

 

ACTIVE

17

KENYA MARITIME AUTHORITY ORDER, 2004

Establishes the Kenya Maritime Authority as a state corporation charged with the following functions;

· To co-ordinate the implementation of policies relating to maritime affairs;

· To advise the government on the relevant laws governing maritime affairs

· To undertake and co-ordinate research, investigations and surveys relating to maritime;

· To discharge flag state and port state responsibilities;

· To develop, co-ordinate and manage a national oil spill contingency plan for both coastal and inland waters;

· To maintain and administer a ship register;

· Deal with matters relating to maritime search and rescue and co-ordinate the activities of the Kenya Ports Authority, the Kenya Navy and any other body engages during the search and rescue operations;

· Ensure safety of shipping by ensuring that all laws regulating shipping are complied with

· Conduct inspection of ships to prevent pollution at sea

· Oversee matters relating to the training, recruitment and welfare of Kenya seafarers;

· Plan, conduct and evaluate training programs to ensure compliance with all relevant maritime laws;

· Conduct investigations relating to all maritime casualties;

· Undertake enquiries with respect to charges of incompetence and misconduct on the part of the seafarers;

· Create awareness and collaborating with public agencies and institutions to pollution of waters and the protection of the maritime environment in generally;

· Regulate shipping activities within inland waters.

ACTIVE

18

STATE CORPORATIONS [PERFORMANCE CONTRACTING] REGULATIONS, 2004

 

Analyzed independently

-------------

19

NATIONAL COUNCIL FOR POPULATION AND DEVELOPMENT ORDER, 2004

Establishes the National Council for Population and Development as a state corporation charged with the following functions;

· To analyze population issues and develop policies for population programs ;

· To provide leadership and mobilize support for population programs;

· To assess the impact of population programs and make further recommendations arising from the assessments;

· To assist other organizations in dealing with population issues;

· To identify and advise on population issues not fully addressed by the government;

· To advocate for political and other support to address population issues.

ACTIVE

20

YOUTH ENTERPRISE DEVELOPMENT FUND ORDER, 2007

Establishes the Youth Enterprise Development Fund charged with the following objects and purposes;

· Provide funding to youth owned or enterprises that focus on the youth;

· Provide incentives to banks to enable them continue granting favorable loans to youth enterprises;

· To provide loans to lending institutions to enable them loan money to youth enterprises;

· Attract and facilitate investment in startups that will be beneficial to youth enterprises;

· To support youth oriented startups in networking with large enterprises;

· To facilitate marketing of products and services of youth enterprises in both the domestic and the international market;

· Facilitate the employment of youth in the international labor market;

 

ACTIVE

21

NATIONAL CAMPAIGNAGAINST DRUG ABUSE AUTHORITY ORDER, 2007

Establishes the National Campaign Against Drug Abuse Authority as a state corporation charged with the following responsibilities;

· To collaborate with other institutions in the education against drug abuse

· To co-ordinate the implementation national plan on finding ways to stop drug abuse especially among the youth and children

· To set up, expand and develop drug abuse rehabilitation centers;

· To prepare and maintain a register of licensed persons to offer expert advice

on treatment and prevention services in the field of drug abuse;

· To cooperate with other institutions to train personnel on the subject of Drug Abuse

· To advise on the best practices and discipline of licensed rehabilitation operators; and

· To undertake research in collaboration with other organizations on Drug Abuse

ACTIVE

22

KENYA COCONUT DEVELOPMENT AUTHORITY ORDER, 2007

Establishes the Kenya Coconut Development Authority as a state corporation charged with the following roles;

· To advise the government on matters relating to the coconut industry;

· Collect and collate data, maintain a database on coconut industry, document and monitor the industry through registration of all players in the industry;

· assist in the production, processing, grading, storage, collection, transportation and warehousing of all the produce and by-products destined for markets;

· To provide resolve disputes arising from the players in the coconut industry;

· vet and witness contracts entered into between the growers and any other players or between other players in the industry before they are executed;

· appoint agents for the implementation or performance of any function of the state corporation;

· monitor imports and exports of coconut produce and by-products for efficient management of the coconut industry.

ACTIVE

23

KENYA YEARBOOK ORDER, 2007

Establishes the Kenya Year Book Editorial Board as a state corporation charged with the following functions;

· To periodically compile, edit and publish the Kenya Yearbook;

· To document and detail the work of the Government of Kenya in the Yearbook in partnership with the people;

· To explain in the Yearbook the programme of action to sustain and speed up progress towards the kind of society Kenyans desire;

· To convey in the Yearbook the immense resources of Kenya and the potential still to be tapped.

ACTIVE

24

BRAND KENYA BOARD ORDER, 2008

Establishes the Brand Kenya Board as a state corporation charged with the following roles;

· To establish a brand for Kenya which positions the country optimally in terms of investment, creditworthiness, tourism and international relations;

· To unite Kenyans and provide them with positive information about the country in order to promote patriotism and national pride;

· To establish an integrated approach within Government and the private sector towards the international marketing of Kenya;

· Tobuild national support for the brand within Kenya with the co-operation of the Government, non-governmental organisations and the private sector;

· To promote local products and services to encourage economic transformation;

· To encourage commitment to quality and innovation among the businesses and people;

· To assist the different towns and cities in the country to improve their image; and undertake measures aimed at improving the international image of Kenya.

ACTIVE

25

KENYA ACCREDITATION SERVICE ORDER, 2009

Establishes the Kenya Accreditation Service [KENAS]as a state corporation which has the following functions;

· Provide for the requirements for accreditation of conformity assessment bodies;

· accredit conformity assessment bodies;

· open, maintain and update the register of accredited conformity assessment bodies;

· design and issue identification numbers and certificates to all accredited conformity assessment bodies;

· publish annually in the Kenya Gazette all conformity assessment bodies that have been accredited;

· promote the use of accreditation marks and certificates issued to accredited conformity assessment bodies;

· promote competence and equivalence of accredited bodies;

· establish and nurture relations and co-operation with regional and international accreditation bodies, persons, associations and organizations;

· promote accreditation as a means of facilitating regional and international trade and enhancing economic performance and transformation;

· participate in the formulation of regional and international guidelines and standards to facilitate the accreditation process;

· raise awareness on the importance and purpose of accreditation; and

· promote KENAS as the sole National Accreditation Body in the scope of accreditation.

ACTIVE

26

KENYA INSTITUTE EDUCATION ORDER, 2010

Establishes the Kenya Institute of Education as a body corporate charged with the following functions;

· Implement policies relating to the education curriculum;

· Initiate, develop and review education curriculum;

· Prepare programs and education curriculum;

· Carry out research to develop the education curriculum;

· collect, document and catalogue information on curricula, curriculum materials and innovations to create a data bank and disseminate the information to educational institutions and stakeholders;

· publish and disseminate information relating to curriculum for basic and tertiary education and training;

· organize and conduct in-service and orientation programmes for teachers, teacher trainers, quality assurance standard officers and field officers involved in education and training on curriculum programmes and materials;

· prepare, disseminate and transmit programmes and curriculum support materials through mass media, e-learning, distance learning and any other mode of delivering education and training programmes and materials;

· initiate and propose policy review in curriculum development;

· evaluate, vet and approve curriculum and curriculum support materials for all basic and tertiary education and training programmes;

· offer curriculum-based consultancy services in basic and tertiary education and training; and

· receive, consider, develop and review curriculum proposals.

ACTIVE

27

KENYA TRADE NETWORK AGENCY ORDER, 2010

Establishes the Kenya Trade Network Agency charged with the following functions;

· implement, in consultation with the cabinet secretary policies relating to the National Electronic Single Window System

· integrate electronic systems of public and private entities involved in receipting, processing and approving documents relating to international trade transactions;

· develop, manage, and promote interchange of electronic data for facilitation of trade;

· undertake and co-ordinate research and surveys in electronic commerce aimed at simplifying and harmonizing trade documentation;

· maintain an electronic database of all imported and exported goods and services and the levies, fees, duties and taxes charged on imported or exported goods and services;

· collect trade statistics;

· plan, develop, monitor and evaluate training programmes for all stakeholders to ensure conformity with international best practices;

 

ACTIVE

28

KENYA ANIMAL GENETIC RESOURCES CENTER ORDER, 2011

Establishes the Kenya Animal Genetic Resources Center as a state corporation charged with the following functions;

· establish a national livestock resources gene bank and take custody of livestock tissues, DNA, semen and embryos of all livestock and emerging livestock species in Kenya;

· conserve for posterity and avail livestock tissues, DNA, semen and embryos of all livestock and emerging livestock species in Kenya for both research and breeding;

· engage in strategic semen production;

· serve as a reference laboratory for certification, testing of semen, embryos, and related livestock reproductive materials, for purposes of imports and exports;

· may cooperate with other institutions to develop and produce chemicals and laboratory products for use in the production of semen;

· may cooperate with other institutions, to provide information on the suitability and effectiveness of animal breeding products; and

· provide training in animal resource conservation procedures, semen, in-vitro embryo production and transfer and related technology transfer

ACTIVE

29

KENYA LEATHER DEVELOPMENT COUNCIL ORDER, 2011

Establishes the Kenya Leather Development Council as a state corporation charged with the following functions;

· to provide advisory services to the cabinet secretary on matters relating to processing of and trade in hides, skins, leather and leather goods for planning purposes;

· to promote, direct, coordinate and harmonize all activities in the leather subsector;

· to guide the implementation of the Board’s policies and strategies;

· to undertake research and development activities;

· to oversee licensing in the leather subsector;

· to collect, store, analyze and disseminate data on leather subsector;

· to enhance internal and external marketing strategies;

ACTIVE

30

NATIONAL DROUGHT MANAGEMENT AUTHORITY ORDER, 2011

Establishes the National Drought Management Authority as a state corporation charged with the following functions;

· To establish structures and institutions for drought management;

· operate an efficient drought early warning system;

· support drought-related policy formulation;

· coordinate the preparation of risk reduction plans;

· undertake risk reduction awareness and education; coordinate the implementation of risk reduction activities;

· coordinate the preparation of contingency action plan;

· develop clear evidence based criteria for both the Contingency Fund and other financial sources appropriated to deal with drought;

· generate, consolidate and disseminate drought management information;

· coordinate the implementation of drought mitigation and relief activities; and

ACTIVE

31

KENYA INSITUTE OF MASS COMMUNICATION ORDER, 2011

Establishes the Kenya Institute of Mass Communication as a state corporation charged with the following functions;

· offer training in communication and the cinematic-arts;

· produce and publicize products in communication and cinematic-arts for education and info-tainment;

· produce and distribute mass media products for training and commercial purposes;

· provide and advance education and training to appropriately qualified candidates, leading to the award of diplomas and certificates and such other qualifications as the Council may prescribe;

· conduct examinations for such academic awards as the Council may prescribe.

ACTIVE

32

KONZA TECHNOPOLIS DEVELOPMENT AUTHORITY ORDER, 2012

Establishes the Konza Technopolis Development Authority whose major role is to develop Konza City an Government project to set within the land set in Machakos and Makueni counties.

 

ACTIVE

33

KENYA WATER TOWERS AGENCY ORDER, 2012

Establishes the Kenya Water Towers Agency as a state corporation charged with the following functions;

· co-ordinate and oversee the protection, rehabilitation, conservation, and sustainable management of water towers;

· co-ordinate and oversee the recovery and restoration of forest lands, wetlands and biodiversity hot spots;

· promote the implementation of sustainable livelihood programmes in the water towers in accordance with natural resource conservation;

· mobilize resources from the Government, development partners and other stakeholders as well as through payment for environmental services, including carbon reservoirs and sequestration; in consultation with the relevant stakeholders, identify water towers and watersheds for protection;

· assess and monitor rehabilitation, conservation and management activities in the water towers; and

the said water towers are;

· Aberdare Range.

· Cherangani Hills.

· Chyulu Hills.

· Huri Hills.

· Kirisia Hills.

· Loita Hills.

· Marmanet Forest.

· Matthews Range.

· Mau Forest Complex.

· Mount Elgon.

· Mount Kenya.

· Mount Kipipiri

· Mount Kulal.

· Mount Marsabit.

· Mount Njiru.

· Ndotos.

· Nyambene Hills.

· Shimba Hills.

ACTIVE

34

KENYA TSETSE AND TRYPANOSOMIASIS ERADICATION COUNCIL ORDER, 2012

Establishes the Kenya Tsetse and Trypanosomiasis Eradication Council charged with the following functions;

· advise the Government on the policy on tsetse and trypanosomiasis eradication in Kenya and its implementation;

· recommend standards and guidelines for tsetse and trypanosomiasis eradication;

· determine and advise the Government on national goals, priorities and strategies for tsetse and trypanosomiasis eradication;

· co-ordinate activities of Government departments, agencies and other stakeholders at the national and county levels in matters related to tsetse and trypanosomiasis eradication;

· promote collaboration among stakeholders on tsetse and trypanosomiasis eradication;

· act as the lead agency on tsetse and trypanosomiasis eradication activities in Kenya;

· act as the Government agency for tsetse and trypanosomiasis eradication, and advise the Government in its negotiations and other engagements with foreign countries and international organizations in tsetse and trypanosomiasis eradication;

· negotiate, source and mobilize resources for the tsetse and trypanosomiasis eradication;

· ensure effective and efficient use of resources provided by the Government and other financiers or donors for tsetse and trypanosomiasis eradication;

· establish and maintain an appropriate tsetse and trypanosomiasis knowledge, information and communication system and database based on contemporary science and technology; co-ordinate, guide and facilitate research and the use of technology and development of science for the purposes of eradication of tsetse and trypanosomiasis;

· promote and facilitate activities in all relevant sectors including land use management and sustainable livelihoods to sustain tsetse and trypanosomiasis eradication in Kenya;

· promote public and private sector partnership for sustainable tsetse and trypanosomiasis eradication;

ACTIVE

35

SOUTH-SOUTH CENTER ORDER, 2012

Establishes the south-south center as a state corporation charged with the following functions;

· initiate, organize and manage South-South activities and projects in consultation with the Government, civil society organizations or private sector institutions;

· sensitize, co-ordinate and enhance capacity building for the private sector;

· act as a clearing house for South-South engagements in Kenya;

· mobilize resources donated to the Center from local or international sources;

· securing baseline data and on going data collection;

· conduct monitoring and evaluation; and

ACTIVE

36

KENYA NUCLEAR ELECTRICITY BOARD ORDER, 2012

Establishes the Kenya Nuclear Electricity Board as a body corporate charged with the following responsibilities;

· promote and expedite the development of nuclear electricity in Kenya;

· develop policies, and propose legislation for the successful implementation of a nuclear power programme;

· undertake public education and awareness on Kenya’s nuclear power programme;

· identify, prepare and facilitate the implementation of a roadmap for a nuclear power programme;

· collaborate with relevant Government agencies, to develop a comprehensive legal and regulatory framework for nuclear electricity generation in Kenya;

· To train Kenyan personnel in the field of Nuclear Electricity to ensure Kenya has the requisite manpower to successfully establish and maintain a nuclear power programme;

· identify appropriate sites in Kenya for the construction of nuclear power plants and related amenities; to venture and collaborate in nuclear electricity research and development with other international and national organizations;

· establish a library and information centre on nuclear science and technology;

ACTIVE

37

LAPSSET CORRIDOR DEVELOPMENT AUTHORITY ORDER, 2013

Establishes the LAPSSET Corridor Development

Authority charged with the following functions;

· plan, co-ordinate and sequence LAPSSET Corridor projects in collaboration with implementing ministries and agencies;

· co-ordinate implementation of LAPSSET Corridor projects across implementing ministries and agencies;

· provide leadership, direction and guidance in operations and implementation of the LAPSSET Corridor;

· ensure implementation of all decisions and resolutions of the government;

· mobilize funds to project components using a variety of resources including budgetary resources from government, donor loans, infrastructure bonds, and private finance;

· collaborate with the relevant National and County Government department, to build the capacity of LAPSSET Corridor towns to manage the urban growth resulting from LAPSSET Corridor investments;

· promote the competitiveness and use of the LAPSSET Corridor for the transport of goods and people; and

· provide a forum for all stakeholders in the LAPSSET Corridor

ACTIVE

38

INFORMATION AND COMMUNICATIONS TECHNOLOGY AUTHORITY ORDER, 2013

Establishes the Information and

Communications Technology Authority as a state corporation charged with the following functions;

· set and enforce ICT standards and guidelines for human resource, infrastructure, processes, systems and technology for the public office and public service and;

· deploy and manage all ICT staff in the public service;

· facilitate and regulate the design, implementation and use of ICTs in the public service;

· promote ICT literacy and capacity;

· promote e-Government services;

· facilitate optimal electronic, electronic form, electronic record and equipment use in the public service;

· promote ICT innovation and enterprise;

· establish, develop and maintain secure ICT infrastructure and systems;

· supervise the design, development and implementation of critical ICT Projects across the public service

· implement and manage the Kenya National Spatial Data Initiative.

ACTIVE

39

NAIROBI INTERNATIONAL FINANCIAL

CENTRE AUTHORITY ORDER, 2014

Establishes the Nairobi International Financial

Centre Authority charged with the following functions;

· formulate and implement, in consultation with the Cabinet Secretary, policies relating to the establishment of, and the carrying out of the operations of the Centre;

· license companies to operate under the Centre;

· develop and review the existing legal, regulatory and institutional framework, including the relevant financial sector laws and mechanisms for judicial redress for the purpose of aligning them to the needs of the Centre;

· coordinate and facilitate the development of the necessary infrastructure to support the financial sector activities conducted under the Centre ;

· promote the Centre as the leading location for financial services business and facilitate the provision of investment and regulatory incentives specific to companies carrying out activities under the Centre;

ACTIVE

40

CHILD WELFARE SOCIETY OF KENYA ORDER, 2014

Establishes the Child Welfare Society as a state corporation charged with the following functions;

· be the national emergency response and rescue organization for children;

· ensure the welfare of children and vulnerable young persons;

· be the national adoption society;

· strengthen families and provide families for separated children, children at risk of separation and children without appropriate care

· develop and review standards and guidelines on child welfare, care, protection and control to be applied by the Society

· establish such temporary places of safety including child care facilities, group homes, foster care homes, child rescue centres, child protection centres and child protection units as may be considered necessary and in the best interest of children;

· receive separated children and children without appropriate care into temporary places of safety;

· rescue, receive and provide care to lost or abandoned children, children given up by their parents or committed to the Society by courts, referred by duty bearers or other stakeholders in the temporary places of safety and undertake family tracing, mediation and reunification;

· ensure rapid response by initiating urgent action in response to children in distress and rescue of children in distress including the provision of psychosocial support;

· advise any party on the procedure to be followed to adopt, foster or be a guardian to a child;

· develop and publish guidelines, training manuals or any other literature in relation to any of the matters dealt with by the Society;

· educate, give vocational training and skills to children and vulnerable young persons;

· conduct research into matters relevant to its functions and publish reports on such research;

· maintain relevant records and documents relating to the Society and the activities of the Society;

· establish and maintain appropriate information and communication systems and data base based on contemporary trends and practices for the purposes of linking knowledge and information with its stakeholders;

· establish mechanism to combat sexual exploitation of children and other forms of child labour;

· build capacity of children and promote their participation in national affairs;

· build capacity of duty bearers and institutional strengthening;

· establish programmes for orphans and other vulnerable children;

ACTIVE

41

KENYA FILM COMMISSION ORDER, 2015

Establishes the Kenya Film Commission charged with the following functions;

· develop, promote and market the film industry locally and Commission. internationally;

· identify and facilitate growth of the film industry;

· generate, manage and disseminate film industry research, information and market data, and act as a repository and archive of Kenya's film records;

· promote and facilitate the development of local content;

· establish incubation centres for the film industry in Kenya;

· coordinate and certify persons, associations and organizations participating in the production of film, photography, video, stills, animation, new media and related media;

· establish and administer a film promotion fund;

· provide liaison services for government departments on matters relating to the promotion, marketing and development of the film industry;

· promote and market Kenya, locally and internationally, as a filming destination;

· develop fiscal and other incentives to promote investment in the film industry; and

· partner, develop and create linkages with county, national and international organizations, both public and private, to improve and facilitate investment in the film industry.

ACTIVE

42

THE REGIONAL CENTRE ON GROUNDWATER

RESOURCES EDUCATION, TRAINING AND

RESEARCH IN EASTERN AFRICA ORDER, 2015

Establishes the Regional Centre on

Groundwater Resources Education, Training and Research in Eastern Africa chargedwith the following functions;

· initiate and conduct research in mapping and assessment of aquifer systems;

· management, conservation, protection and governance of groundwater resources;

· offer training programmes, workshops, seminars in groundwater resource management and development;

· provide a forum for effective collaboration with the public, private sectors and all other persons, whether local or foreign for the development of groundwater resources;

· promote civic education through public awareness programme in relation to groundwater management;

· prepare, disseminate and transmit scientific and technical information through the mass media, e-learning, distance learning on the knowledge in the various domains of groundwater management and development;

· initiate and propose policy review on groundwater conservation;

· offer consultancy services in groundwater management

ACTIVE

43

NATIONAL LIVESTOCK DEVELOPMENT

AND PROMOTION SERVICE ORDER, 2016

Establishes the National Livestock

Development and Promotion Service as a state corporation charged with the following functions;

· coordinate matters relating to the development, promotion and marketing of livestock and livestock products within and outside Kenya;

· advise the national government and the Ministry on the development, promotion and marketing of livestock and livestock products in the country including apportionment of resources;

· maintain a liaison between the national government, the private sector and other interested agencies in matters relating to the development, promotion and marketing of livestock and livestock

· prepare and maintain an up to date national livestock development and promotion plan for the country and coordinate implementation of the activities identified from the plan;

· coordinate national donor funded projects on the development, promotion and marketing of livestock and livestock products in the country;

· coordinate and facilitate related national livestock production, development and marketing schemes including disease free zones in the country;

· facilitate the marketing and distribution of livestock and livestock products within and outside the country

· undertake programmes for the monitoring and evaluation the performance of national livestock projects

· establish linkages with various research institutions for the conduct of studies and researches designed to promote livestock and livestock products production, marketing and processing;

· promote and advise on strategies for value addition before the export of livestock products from Kenya;

· develop and promote national good practices in livestock production and livestock products processing, marketing, grading, storage, collection, and transportation;

· collect and maintain a database on livestock and livestock products, document and monitor market trends for purposes of national livestock products development, promotion and marketing;

· advise the Cabinet Secretary and the county governments on matters relating to; national and county livestock policies, policy development and policy implementation in perpetuation of food security;

· coordinate the promotion and improvement of livestock management systems in the country for sustainable development of the livestock industry;

ACTIVE

44

KENYA SPACE AGENCY ORDER, 2017

Establishes the Kenya Space Agency as a state corporations charged with the following functions;

· co-ordinate and regulate space related activities in the country;

· implement the Kenya space policy and any related programmes

· recommend and advise the Government on the development of relevant legislation to facilitate the implementation of Kenya space programme;

· advice the government on the legislative and other measures necessary for the implementation of the relevant Conventions, Treaties and Agreements that Kenya is a party;

· recommend national space policies, strategies and programmes;

· promote capacity building in space science and technology and its applications;

· establish centres of excellence in space science;

· enter into mutually beneficial bilateral and multilateral agreements with persons, agencies, governments or bodies engaged in the field of space;

· identify, prepare and facilitate the implementation of inventions and innovations in space technologies;

· provide leadership in coordinating and supporting research in space science and technology;

· liaise with the relevant institutions and Government agencies to ensure funding and implementation of space programmes;

· promote awareness and appreciation at all levels of Kenyan society on the relevance and benefits of space science and technology

ACTIVE

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