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SPECIAL ISSUE

Kenya Gazette Supplerucnt No.200 (Acts No.30)

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REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

ACTS, 201 5

NAIROBI, 18th December, 2015

CONTENT

Act-Pecn

The National Government Constituencies DevelopmentFund Act, 2015........... .................1911

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THE NATIONAL GOVERI\IMENTCONSTITT,]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-PRELIMINARYSection

I -Short title and commencement.

2-Interpretation.

3-Objects of the Act.

PART II-ESTABLISHMENT OF THE NATIONALGOVERNMENT 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.I 2 - Constituency Account.

l3-Bank account of the Fund.

PAR.T M-ESTABLISHMENT OF THE NATIONALGOVERI\IMENT CONSTITI,]ENCIES

DEVELOPMENT FT]ND BOARI)

14 -Establishment of the Board.

l5-Composition of the Board.

16-Functions of the Board.

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No. 30 National Got'ernment Constituencies Development Fund 2015

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 governmentfunctions.

25 -Funding of projects.

26-Unspent funds and joint projects.

PART V_IDENTIFICATION AND SUBMISSIONOF CONSTITTIENCY PROJECT PROPOSALS

27 -ldentlfication and submission of projects.

28 - Submission deadline.

29-Submission form.

30 - Projects descriptions form.

3 1 -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.

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PART VII-THE NATIONAL GOVERNMENTCONSTITUENCY DEVELOPMENT FUND

COMMITTEES

43-National Government Constituency DevelopmentFund 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 asdevelopment projects.

49-Counter-part funding to be permitted.

PART VIII-NATIONAL ASSEMBLY SELECTCOMMITTEE

50-Establishment of the National Assembly SelectCommittee.

51 -Quarterly reports on projects and disbursements.

52-Allocations under the Act are supplementary.

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

5 8 - Transitional provisions.

SCHEDULES

FIRST SCHEDULE -Constituency Project Re-allocation Form.

SECOND SCHEDULE Condu'ct of Business andAffairs of the Board

THIRD SCHEDULE Constituency ProjectsSubmission Form.

FOURTH SCHEDULE -Project Description Form.

No.30

t9t4NationalGovernmentConstituenciesDeveloprnentFund Alfs

THE NATIONAL GOVER}IMENTCONSTITI'ENCIES DEVELOPMENT FIJND ACT,

2015

AN ACT of Parliament to provide for the establishmentof the National Government ConstituenciesDevelopment Fund and for connectd purpos€s

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 shallcome 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 NationalGovernment Constituencies Development Fund accountmaintained in accordance with section 13;

"Board" means the National GovernmentConstituencies Development Fund Board established undersection 14;

"Cabinet Secretary" means the Cabinet Secretary forthe time being responsible for matters relating to nationaleconomic policy and planning and development;

"Chairperson" means the Chairperson of the Boardappointed under section 15 (3);

"chief executive officer" means the chief executiveofficer of the Board appointed under section 20;

"community" means residents of a particulargeographical area or region defined as a constituency,ward, location, sub location or village and having commoninterests;

"constituency "means one of the constituencies intowhich Kenya is divided under Article 89 of theConstitution;

""Constituency Committee" means a NationalGovernment Constituency Development Fund Committeeestablished under section 43 (l);

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2015 National Government Constituencies Developntent Fund

"Constituency account" means the account maintainedfor every constituency in accordance with section 12;

"Fund" means the National GovernmentConstituencies Development Fund established undersection a (1);

"National Assembly Committee" means the NationalAssembly Select Committee established in accordance withsection 50;

"Officer of the Board" means an officer of the Boardappointed under section 22;

"project" means an eligible development project as

described in the Act;

"project management committee" means a committeeor board of persons elected or nominated to implement aproject or manage an institution, including a committeeexisting prior to the establishment of the Fund and which isassuming the responsibility of implementing a projectfunded under the Act;

"revenue" has the meaning assigned to it under theCommission on Revenue Allocation Act, 2011:

"sub-project" means a complete unit or part of aproject that can be put to use towards the achievement ofthe project objectives;

"ward" means a ward administered by an assistantcounty commissioner under the National Government Co-ordination Act,20l3;

"youth" means a person who has attained the age ofeighteen years but has not attained the age of thirty-fiveyears.

3. The objects of this Act are to-(a) provide for the establishment and administration

of the Fund;

(b) recognise the constituency as a platform foridentification, performance and implementationof national government functions;

(c) facilitate the performance and implementation ofnational government functions in all parts of theRepublic pursuant to Article 6(3) of theConstitution;

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Objects of the Act

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(d) provide for the participation of the people in thedetermination and implementation of identifiednational government development projects atthe constituency level pursuant to Articlel0(2Xa) of the Constitution;

(e) promote the national values of human dignity,equity, social justice, inclusiveness, equality,human rights, non-discrimination and protectionof the marginalized pursuant to Article l0 (2) (b)of the Constitution;

(0 provide for the sustainable development of allparts of the Republic pursuant to Article lO (2)(d) of the Constitution;

(g) provide a legislative and policy frameworkpursuant to Article 2I (2) of the Constitution forthe progressive realisation of the economic andsooial rights guaranteed under Article 43 of theConstitution;

(h) provide mechanisms for the National Assemblyto exercise oversight over the performance ofspecified national government functions at theconstituency level as provided for under Article95 of the Constitution;

(i) provide for a public finance system that promotesan equitable society and in particular expenditurethat promotes equitable development of thecountry by making special provisions formarginalized groups and areas pursuant toArticle 201 (b) (iii) of the Constitution;

0) authorize withdrawal of money from theConsolidated Fund as provided under Article 206(2) (c) of the Constitution;

(k) provide for mechanisms for supplementinginfrastructure development at the constituencylevel in matters falling within the functions of thenational government at that level in accordancewith the Constitution.

(l) provide a framework for citizens leddevelopment to assist the national government inplanning and prioritizing the use of its resources;

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2015 National Government Constituencies Development Fund

(m) create a harmonious relationship betweencitizens and the national government and itsofficers in local development;

(n) provide a platform for citizens participation inservice delivery; and

(o) build local accountability and transparency in theuse of resources.

PART II-ESTABLISHMENT OF THENATIONAL GOVERNMENT CONSTITUENCIES

DEVELOPMENT FUND

4. (l) There is established a fund to be known as theNational Government Constituencies Development Fundwhich shall-

(a) be a national government fund consisting ofmonies of an amount of not less than 2.5Vo (twoand half Wr centum) of all the nationalgovernment's share of revenue as divided by theannual Division of Revenue Act enacted pursuantto Article 218 of the Constitution ;

(b) comprise of any monies accruing to or receivedby the Board from any other source; and

(c) be administered by the Board.

(2) All monies allocated under this Act shall beconsidered as funds allocated to constituencies pursuant toArticle 206(2)(c) of the Constitution to be administered inaccordance with the provisions of this Act.

(3) The monies appropriated to the Fund in anyfinancial year under subsection (lXa) shall not be less thanthe amount appropriated to the Fund in the precedingfinancial year unless as otherwise allowed by this Act.

5. (1) Each and every disbursement from the Fundshall be approved and recorded in the minutes of the Board.

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

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

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Estabhshment of thcFund.

Drsbursement fromthe Fund

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(4) Notwithstanding subsection (3), payments for ajoint project or a joint procurement, may be made directlyto a supplier or to an account established for the purposewith due approval of the Board.

(5) The record of the amounts received by eachconstituency and the record of expenditure of amounts soreceived shall be submitted to the Board within thirty daysafter the close of the relevant financial year together with a

copy of the relevant bank statements and no disbursementsfor the succeeding financial year shall be made into theaccounts until the said records are duly received.

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

(7) The Board may impose reasonable requirements,including restrictions, on a particular constituency and suchrestrictions or requirements shall be reported together withthe monthly returns to be submitted to the CabinetSecretary 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 yearin accordance with section 34.

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

(3) If for any reason a particular project is cancelled ordiscontinued during the financial year, funds allocated forsuch a project shall be returned to the Fund and credited tothe account of the constituency from which the funds werewithdrawn.

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

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

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7. (l) All receipts, savings and accruals to the Fundand the balance of the Fund at the end of each financialyear shall be returned to the Fund and applied inaccordance with section 6(5) of this Act.

(2) All funds allocated to a constituency shall becumulative and shall be carried forward from one financialyear to the next, including funds returned into the accountsin accordance with section 6(3) or funds which are notutilized for whatever reasons.

t (l) A portion of the Fund, equivalent to five percentum (hereinafter referred to as the "EmergencyReserve") shall remain unallocated and shall be availablefor emergencies that may occur within the Constituency.

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

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

9. The project management committee shall set aside asum not excecding five per centum of the total allocationfor the project to cater for the administration expenses ofthe project.

10. The sums set aside under sections 8 and 9 shall beproperly accounted for and proper books of accounts shallbe kept and returns made to the Constituency Committeefor that constituency on how the sum has been used.

No.30Funds to bc rctaincdin thc Fund.

Emcrgcncy Rcscrvc

Adminishetioncx[Enscs.

Books of rccounts tobc kcpt.

ConstitucncyAccount.

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 fundsunder this Act there shall be opened and maintained aconstituency account for every constituency at anycommercial bank, approved by the National Treasury intowhich all funds shall be kept and such an account shall beknown by the name of the constituency for which it isopened and each constituency shall maintain only oneaccount.

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(2) At least three signatories shall be requiled forevery cheque or instrument for actual payment orwithdrawal of funds from a constituency account and thesigning instructions shall be such that there shall be at leastone signature of an officer seconded by the Board and atleast two signatures of two members of the ConstituencyCommittee.

(3) The Fund account manager shall hold the authorityto incur expenditure of the funds at the constituencyaccount.

(4) Funds from the constituency account shall only bewithdrawn as disbursements for a particular project inaccordance with the provisions of section 5 of the Act.

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

(6) All receipts, savings and accruals to theconstituency account and the balances thereof at the end ofeach financial year shall be returned to the ConstituencyAccount.

(7) All unutilized funds shall remain in theconstituency account and no investment elsewhere shall bepermitted, provided that funds meant for a project that iscancelled or discontinued shall be returned to theConstituency Account in accordance with section 6 of thisAct.

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

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

13. (1) A bank account of the Fund shall be openedand maintained at the Central Bank of Kenya.

(2) The signatories to the account of the Fundmaintained in accordance with subsection (1), shall be thechief executive officer and three other persons appointedby the Board from amongst its members.

(3) The signing instructions shall be such that thesignature of the chief executive officer shall be mandatory

2015

Bank Account of theFund.

2015

1?1

Natiotttti Goyt'rtttitrttt Lttttsr'rtr,,t,. /a.., L)etL,l()l)nlant F.un(l

on all payment checues anr.iol iri:'l;-,,iii:i:iris intended foractual release of mone.7 fi'orn the ii,r,r.l. p Lrs any trvo of theother three signatories.

PART III_ESTAtsLISHMENT OF THENATIONAL GOVERNMENT CONSTITUENCIES

DEVELOPMITNT FUND BOARD

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

the National Government i'on:;tituei-icies DevelopmentFund Board.

(2) The Board shall be a body corporate withperpetual succession and a commoo seal and shall, in itscorporate name, be capable of--

(a) suing and being surd;

(b) taking, purchirsirrgholding. charging orimmovable property;

(c) borrowing money or makin-9 investments; and

(d) doing or performing all other acts or things forthe proper performance of its functions under thisAct which nray larvfuliy be done or performed bya body corporate.

15. (1) The Fund shall be adrninistered by a Board olDirectors which shall consist of -

(a) the principal secretary in the Ministry tbr thetime being responsible lbr rnatters relating tonational economic policy and planning or adesignated alternate. not beino belos, the level ofDirector of Pianrr i n.r :

(b) the principal sei:retary in the Ministry for thetime being responsitrlr-' i'ru- ntatters rclating tofinance <lr a ciesignatr-'ij ;,rliernirti' llot being belowthe level of Deprrrty i)iii:ctc,r cf Brrdget;

the Attorne\,-Ccu,:riri or a ciesigrieted alternatenot bein.q bcl,riv thc ir'vei qr{' Sertior StateCounsel:

the principai sec;ctary in rir:' Ministry responsiblefor matters reialinp. io cclucatiori or a designatedalternate not being [rekt''.i, tire lcl,el of l)irector;

or otherwise acquiring,dispo-sing of movable and

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Composrnon of the

Board

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(c)

(d)

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No. 30 Nutionul Govenntent Cottstitucttt'ies Dev'elopment Fund 2015

(e) seven other persons, three of whom shall be ofthe opposite gender and at least one shall be a

person with disability, qualified in mattersrelating to finance, accounting, engineering.economics, community development, publicaffairs, project management, education, securityor law appointed by the Cabinet Secretary withthe 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), theCabinet Secretary and the National Assembly shall takeinto account gender equity and the regional diversities ofthe people of Kenya.

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

(4) The names and curriculum vitae of the personsnominated to be appointed as members of the Boardpursuant to paragraph (c) of subsection (1) shall, beforeappointments are made, be submitted to the NationalAssembly for approval.

16. The functions of the Board shall be to-(a) ensure timely and efficient disbursement of funds

to every constituencyl

(b) ensure efficient management of the Fund;

(c) consider project proposals submitted from variousconstituencies in accordance lvith the Act, approvefor funding those projects proposals that areconsistent lvith this Act and send funds to therespective constituency fund account of theapproved projects;

(d) co-ordinate the implementation of projects at theinter-constituency [evel ;

(e) receive and address complaints that may arisefrom the impiementation of the Acf :

Functlons of theBoard

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2015 National Goyernnent Constituencies Det'cl,tpmcnt Frtntl No. 30

(f) encourage best practices in the implementation ofprojects;

(g) administer the funds and assets of the Board insuch manner and for such purpose as shallpromote the best interest of the Board inaccordance with the Act to ensure efficientmanagement of the Fund; and

(h) perform such other duties as the Board may deemnecessary from time to time for the propermanagement of the Fund.

17. The Board shall have all the powers necessary fbr PowersortheBoard

the proper performance of its functions under this Act, andin particular, but without prejudice to the generality of theforegoing, the Board shall have power to-

(a) receive gifts, donations, grants or other moneysand equipment and make legitimatedisbursements therefrom;

(b) receive and discuss annual reports and returnsfrom the constituencies; and

(c) enter into association with such other persons,bodies or organisations within or outside Kenyaas the Board may consider appropriate infurtherance of the objects of this Act.

18. (1) The conduct and regulation of the business andaffairs of the Board shall be as set out in the SecondSchedule.

(2) Except as provided in the Second Schedule. theBoard 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 Boardshall refer the issue to the Cabinet Secretary.

(4) The Board may, in the discharge of its functionsunder this Act, make official or impromptu visits toprojects at such times. as it may deem appropriatc.

19. (l) A member of the Board may be removed from r.n,ber.1rhroffice on any one or more of the follorving {rounds- B<,a,,r

(a) serious violation of the Constitution or any othr:rlaw:

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(i)nduct of thebusrness and affarrsol thc Board

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NutionalGot'ernnrcntConsfitrtt'trciesDevelopntL'ntFwrd 2015

(b) -sross rnisconduct. whether in performance of themember's or office hoider's functions orotherwise;

(c) physical or mental incapacity to perform thefunctions of office:

(d) incompetence;

(e) bankruptcy ; or

(0 engaging in active politics.

(2) A person desiring the removal of a member of theBoard under subsection (1) may present a petition to theNational Assembly Committee setting out the alleged factsconstituting that ground.

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

(4) The National Assembly Conrrnittee shall, uponreceiving a petition under subsection (2). consider thepetition and may recommend that the mer,.rl,e r besuspended pending the outcome of the complaint.

(5) The National Assemlrlv Conrmittee shall ct;nsiderthe petition and if it is satislied that it .iisck-rses ii ..qroul1dttnder subsection (1). it shail irralle a rlct.:rn.it-tiiti,r!'r ilriit theluleniber lre rcnroved lrorlr ofl'icc and ths inen,i'..'r shailstancl removecl from off icc lipotl th,- ,,rlking of thatdetermination

(6) A vacancy arising as a result of the removal of amember under subsection (5) shall be filled in the mannerset out in section l5 within thirty days of the occuri:ence ofthe 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 theCabinet Secretary for appointment, with the approval of theNational Assembly.

(2) No person shall be appointed under this sectionunless such person-

(a) has a degree in finance, accounting, engineering,economics, community development, law or arelated fieid from a recognized university;

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2015 N'trlrt'tru!Gt)r'tt'iltitt'ilt('onsritttctrctcsDct'elopmtntFrtnd

(b) has at least ten years' working experience in therelevant 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 thedirections of the Board. be responsible for the day to daymanagement of the affairs and staff of the Board.

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

21. (1) There shall be a secretary to the Board whoshall be appointed by the Board.

(2) The secretary shall be responsible for arrangingthe busjness of the Board's meetin-ts. keeping rccords ofthe proceedings of the Board, and strall perfonn such otherduties as the Board may direct.

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

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AppolntneIt (,1

\ecretar) to tllcBoarrl

I

r ( ) The Board may in the absence of the secretaryappoint any member of the Board or staff of the Board totemporarily perform the functions of the secretary undersubsection (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 ofthe Fund and discharge of its functions under this Act,upon such terms and conditions of service as it maydetermine.

(2) The officer of the Board for each constituencyshall administratively report to the ConstituencyCommittee.

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

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

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NtttionalGoventn'tentC'onstituent'iesDet'elopntentFurtd 2015

23. (l) The expenditure for running the Board and Fmanccsorthe

related purposes shall be set aside at the beginning of thefinancial year and not more than five per centum of thetotal allocation to the Fund in the financial year may beused for this purpose, the annual budget of which shall beapproved by the Cabinet Secretary with the concurrence ofthe National Assembly Committee.

(2) The personal emoluments of Government officersworking or involved in the management of the Fund shallbe provided for under the recurrent expenditure ofGovernment but any other emoluments or payments tosuch officers from the Fund shall be determined by theCabinet Secretary in consultation with the Salaries andRem uneration Commi ssion.

PART IV_NATURE OF PROJECTS

24. A Project under this Act shall-

(a) only be in respect of works and services fallingwithin the functions of the national governmentunder the Constitution; and

(b) be community based in order to ensure that thebenefits 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 mayinclude the acquisition of land and buildings.

(2) All projects shall be projects as defined under thisAct and may include costs related to studies, planning anddesign or other technical input for the project but shall notinclude recurrent costs of a facility.

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

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

(5) Constituency Committee otfice project shall beconsidered as a development project for purposes of theAct and may include appropriate furniture and equipmentfor the office.

ProJects to be rnresp€ct of natlonalgovcrnmentfunctlons.

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Nat ional G r t ve rn nt c tt t C o n s t i tu enc r t'.s D ev c k t pme n t F u nd

(6) Notwithstanding the provisions of subsection (2),up to a maximum of six per centum of the total annualallocation for the constituency may be used foradministration, recurrent expenses of vehicles, equipmentand machinery and such use shall be listed in the ThirdSchedule 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 shallexclude cash awards provided that the allocation to suchactivities does not exceed two per centum of the totalallocation of the constituency in that financial year.

(9) Monitoring and evaluation of ongoing projects andcapacity building of various operatives may be consideredas a development project provided that not more than threeper centum shall be allocated for this purpose.

(10) Environmental activities may be considered as

development projects for purposes of this Act provided thatthe allocation to such activities does not exceed two percentum of the total allocation of the constituency in thatfinancial year.

(11) Each of the projects shall be listed in the ThirdSchedule 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 ofthe financialyear shall submit new proposals to the Boardfor approval in accordance with section 31 of this Act.

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

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

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Unspent funds and

Jolnt prolects

N.r.3(t ,\:,tlttttttl (tttyt rti ti,

PAR'I V _ IDENTIFICATI{]\ ZTND :i I I R N, 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 onceevery two years thereafter, con\,/elrc upen lr)rllm publicmeetings iu every ward in the ccrstitrlgllsr,'1.ti deliberate ondevelopment matters in the rvat'd lnd in thc coflsfituency.

(2) The Constituency Ct-n-"nittce shall dciibe'ate onproject proposals fron-r all the *,aid' u, tlte, r:t'tisiiiilelcy andany other projects rvhich tlrc' i'cir...riLl:cncv {'omr:ritteeconsiders beneficial to the conitittii',,"'y, in'.'irtding jointprojecls with other constituenciu'S. r,,ir";i'-i,: rlre naiionaldevelopment plans and policies arrd in,.- constr-uencystrategic development plan, and idertirl'r' r li.st of priorityprojects, both immediate and long term. out of which thelist of projects to be submitted in accordance with the Actshall be drawn from.

(3) The list of proposed constituency based projectsto be covered under this Act shall be submittecl byConstituency Committee to the Boarcl.

28. (1) The list of the proposed i.onstituency projects ::ljl,f:"shall be submitted to the Board befble the eiid of the monthof February in each year or such other mcntlt as may bedetermined by the Cabinet Secretar.y in order to ensuretimely inclusion of the projects in the annual Governmentbudget of a particular financial year:.

(2) Where the Constitu:ncy Committee fails tosubmit the list of constituency t'ased projects to the Boardwithin the stipulated time in subsection (l), the iist shall bedeemed to have been submitted to the BoartJ upon the lapseof the stipulated time.

29. (L) The list of projects shall bc subntitted on a Submrssionrorm'

Constituency Projects Submission []ori-r, s!-t out in theThird Schedule to this Act accoilpar:;ud Lr.,' rninutes of theConstituency Conrnrittee appr(,,'"'r llr, lrrr.,rcls.

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

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2015 Nulittrtal Govcrtrtrtt'nt CLttr,s'tilut'ncie.s f)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 ProjectDescription 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 forfunding those prcr.ject proposals that alc consislent with theAct.

(3) Wherc the Board cioes not approve a proposalsubmitted to it under this section, it shall refer the matier tothe Constituency Committee giving reasons as to why ithas declined the proposal

32. The allocation of funds to various projects in eachconstituency is the responsibility of the ConstituencyCommittee to be exercised at its own discretion within theprovisions of this Act.

33. The projects listed for each constituency shall benumbered by the Board and the serial numbers of allprojects in a constituency shall bear the number of thecclnstituency as delineated by the Independent Electoraland Boundaries Commission in order to ensure that aproject retains the same serial number every year untii itscompletion.

34. (1) The budget ceiling for each constituency shallbe-

(a) three quarters of the amount specified in section4(1) divided equally among all constituencies;and

(b) an amount equal to a quarter of the amountspecified in section 4(1) divided by the nationalpoverty index multiplied by the constituencypoverty index

(2) The chairperson of the National AssemblyCommittee shall table in the National Assembly a scheduleshowing the ceiling for each constituency, which shall bedetermined 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.

Dlscretron ofConstltuency(irnrm rttee

Llst to be seflallsed

Basrs fbr budgetcer I rng

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NutionalGovenunentConstituenciesDet'elopmentFttntl 2015

(2) lt shall be the responsibility of the ConstituencyCommittee to ensure that the list of projects submitted forfunding comply with the provisions of the Act and theirtotal cost does not exceed the allowable ceiling for theparticular constituency or is not below that ceiling.

(3) If the list of projects submitted for funding is incontravention of subsection (2) the same shall be referredback to the Constituency Committee for amendment andre-submission.

(4) Whenever the amount for projects in a

constituency is less than the allowable ceiling for reasonsof projects being rejected in accordance with subsection(3), or for whatever reason, the shortfall shall be indicatedas unallocated amount against that particular constituencyon 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 ofGovemment and all payments through cheques orotherwise shall be processed and effected in accordancewith government regulations for the time being in force.

(2) Where a project in a constituency involves thepurchase of equipment, such equipment shall remain forthe exclusive use of that constituency.

(3) All fixed and movable assets, including equipmentbought under this Act for use by the ConstituencyCommittee shall be the property of the Board and shall beinsured 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 IndependentElectoral and Boundaries Commission; and

(b) equipment bought for public institutions shallremain in the exclusive use of those institutions.

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

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Notionol Goyernntent Constituencies Development Fund

(6) Any proceeds that may accrue from the disposal ofany asset acquired pursuant to subsection (5) shall becredited to the account of the constituency from whosefunds the asset was acquired and such funds shall bereflected and declared as part of the following year'sconstituency fund for that constituency.

37. All works and services relating to projects underthis Act shall be procured in accordance with theprovisions of the Public Procurement and Disposal Act,2005.

38. The officer of the Board in every constituencyshall compile and maintain a record showing all receipts,disbursements and actual expenditures on a monthly basisin respect of every project and sub-project under this Actand shall-

(a) table such record at a meeting of theConstituency Committee in every month; and

(b) submit a summary of the record for the year tothe Constituency Committee not later than thirtydays after the end of every financial year.

39. (l) An accurate record of all disbursements madefor projects to every constituency shall be kept and updatedevery month by the Board.

(2) The disbursement of funds to the constituencyfund account shall be effected at the beginning of the firstquarter of each financial year with an initial amountequivalent to twenty-five per centum of the annualallocation for the constituency and thereafter theconstituency fund account shall be replenished in threeequal instalments at the beginning of the second, third andfourth quarters of the financial year.

(3) The Chairperson of the Board shall submit anannual report on the activities, operations and expenditureunder the Act.

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

40. The Board shall ensure that the list of projectsforwarded to it by each constituency is, upon approval,funded in accordance with the Act.

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Procurement ofservrccs and works.Cap.4l2A.

Record of receiptsand drsburrcment.

Rccords ofdrsburscment to bekept,

ProJect fundrng

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Nationul(]ttvcrnnrcntCott,ttitucnciesD,:r'clotrlneiltFttn(l 2015

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 inconformity with the requirements of this Act.

(2) Pursuant to subsection ( I ). a community shall,rnaintain an elected comrnittee to replesent the interests ofthat comrnunity during and after the implementation of theproject and such a committee shall confbrrn to fherecluirements 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 GOVERNMENTCONSTITUENCY DEVELOPMENT FUND

COMN,IITTEES

43. (I) There is established a National Government Natronar

Constituency Development Fund Committee fbr every 3:J:,Tffi[ -constituency. 3:wloPrent Fund

(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 withsubsection (3), one of whom shall be a youth atthe date of appointment:

(c) two women nominated in accordance withsubsection (3). one of whom shall be a youth atthe date of appointment:

(d) one persons with disability nominated by a

registered group representing persons withdisabilities in the constituency in accordancewith subsection (3);

(e) two persons nominated by the constituency officeestablished under Regulations made pursuant tothe Parliamentary Service Act;

(0 the officer of tlie Board seconded to theConstituency Committee by the Board who shallbe an ex fficio member without a vote.

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l9-l lNutiortul Goyenunettt ConslituenL'ics Dcvelopmett Fund

(g) one member co-opted by the Board in accordancewith 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 shallhave such qualifications as the Boarci nray, by Reguiations,prescribe.

(4) The names of the persons selectecl undersubsection (3) shall be submitted by the Board to theNational Assembly for approval betbre appointment andgazettemelt by the Board.

(5) The Regulations made under subsection (3) shallbe submitted to the National Assembly for approval beforepublication by the Board.

(6) The first meeting of the Constituency Committeeshall be convened within sixty days of the commencementof a new term of Pariiament or the date of the holding of aby-election, by the national governnrent otficial at theconstituency or in his or her absence. by an officer of thetsOard SeCOnded to the c<tnstituenc_r,. tin ::i;r.h 6li:.7 LlS tnay bedesignated 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 theConstituency Committee shall be two vears and shall berenewable but shall expire upon the appointment of a newConstituency Committee in the manner provided fbr in theAct, or as may be approved by the Board.

(9) The Fund account manager seconded by the Boardto the constituency shall be the custodian of all records andequipment of the constituency during the term ofParliament and during transitions occasioned by generalelections or a by-election.

(10) Whenever a vacancy occurs in the ConstituencyCommittee by reason of resignation, incapacitation ordemise of a member the vacancy shall be filled from thesame category of persons where the vacancy has occurredwithin a period of thirty days.

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

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Nation al G r t ve r nmen t Co n s titu enci es D ev e k tpm ent F und

(12) The Constituency Committee shall. at itsdiscretion, determine the quantum of instalments to variousprojects in the constituency, taking into account thedisbursement received and the requirement of differentprojects.

(13) A member of the Constituency Committee maybe removed from office on any one or more of thefollowing grounds-

(a) lack of integrity;

(b) gross misconduct;

(c) embezzlement of public funds;

(d) bringing the comrnittee into disrepute throughunbecoming 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 fivemembers of the Committee and the member sought to beremoved shall be given a fair hearing before the resolutionis made.

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

U. (l) A person may present a petition to the Boardfor the dissolution of a Constituency Committee setting outthe alleged facts constituting any one or more of thefollowing grounds for dissolution -

(a) serious r,iolation of the Constitution or any otherlaw including a contravention of Chapter Six;

(b) gross inisconduct, whether in performance of themem!,cr's or oltice holder's functions orotherwise:

(c) incompetence;

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2015 Nationul Goyenunent Constituent'ies Det'elopment Fund

(d) bankruptcy; or

(e) any other cause as may be deemed justiflable.

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

(3) The Board shall, consider the petition, hear all orpart of the members of the committee and where it issatisfied that the petition discloses sufficient ground fordissolution, dissolve the Constituency Committee.

(4) Vacancies arising as a result of the removal of allthe members of the Constituency Committee undersubsection (3) shall be filled in the manner set out insection 43 and minutes of the meeting shall indicate thefact of the removal or appointment of members.

45. (1) The Constituency Committee may engage suchstaff as may be necessary for execution of its functionsincluding persons with knowledge in information andcommunications technology, construction and basicaccounting.

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

46. (1) The Constituency Development FundCommittee may make appropriate consultations with therelevant Government departments to ensure that costestimates for the projects are realistic.

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

47. A project or any part thereof which involvespersonal awards to any person rvhether in cash or inkind,shall be excluded from the list of projects submitted inaccordance with section 27 of the Act.

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Staff of thcConstituencyCommlttee.

Cost estrmateb to herealrstrc.

Projects involvrngpersonal awards tobe excluded

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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 thirtyfive per centum of the total funds allocated for theconstituency in any financial year

49. For the purposes of this Act, the Board may [ll]['J,r,,Tconsider part funding of a project financed from sources permirierr

other than the Fund so long as the other financiers ordonors of that project have no objection and provided thatthe part funding for the project availed pursuant to this Actshall go to a defined unit or any part thereof or phase of theproject in order to ensure that the particular portion definedin the allocation is completed with the funds allocatedunder this Act.

PART VIII_NATIONAL ASSEMBLY SELECTCOMMITTEE

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 DevelopmentFund consisting of a chairperson and not more thaneighteen other members of the National Assembly.

(2) In determining the membership of the NationalAssembly Committee, the National Assembly shall ensureproportionate representation of the Parliamentary poiiticalparties.

(3) The term of office of the members of the NationalAssembly Committee shall be three years renewable orupon the appointment of a new Committee in a mannerprovided for in this Act, whichever comes earlier.

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

(5) The functions of the National AssemblyCommittee shall be-

(a) to oversee the implcmentation of this Act and inthis respect, shall aficr every two years submit a

report to the National Assembly and wherenecessary, propose any amendments to this Act,in particular, with respect to the quantum of

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funds repayable into the Fund in accordance withsection 4 of the Act;

to oversee the policy framework and legislativematters that may arise in relation to the Fund;

to continually review the framework set out forthe efficient delivery of developmentprogrammes financed through the Fund;

to consider and report to the National Assembly,with recommendations, names of personsrequired to be approved by the NationalAssembly under this Act; and

to carry out any other functions relevant to thework of the Fund.

(b)

(c)

(d)

(e)

(6) The National Assembly Committee may makereports other than the statutory report stated in sub-section5 (d) to appraise the National Assembly on various mattersrelating to the Fund and to seek various approvals as

required by the Act.

51. (1) The Board shall, on a quarterly basis, submit areport to the National Assembly Committee detailing-

(a) a sufirmary of the project proposals received fromthe constituencies in the preceding month andindicating the approval status of such projects;

(b) a summary of the status of disbursements offunds to the constituencies for that precedingmonth;

(c) a summary of the status of disbursements fromthe Treasury to the National Account; and

(d) any restriction imposed on a constituencyaccount in accordance with the Act.

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

52. The existence of another allocation by the nationalgovernment to a project in the constituency or aneighbouring Constituency shall not be used as a reason todeny either approval or funding of any project consistentwith this Act.

Qudcrty rcports drprojets rnddisburcmats-

Allocetions underthc Act rcsupplemantery.

No.30

53. (1) There is established a Constituency OversightCommittee for projects undertaken under this Act.

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

(3) The constituency Member of National Assemblyshall, in consultation with the Constituency OversightCommittee at least twice in every financial year ,and upongiving notice of at least fourteen days, convene publicforums for purposes of-

(a) mobilizing and sensitizing the respective targetgroups on any matter related to the Fund; and

(b) soliciting views, opinions and proposals from thepublic in regard to the Fund and presenting theviews 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 ofprojects undertaken under the Act;

(b) witness the commissioning of projects andissuance of cheques and other disbursements bythe Constituency Committee; and

(c) express their views on the implementation of theFund.

(5)A member of the Constituency OversightCommittee may attend meetings of the ConstituencyCommittee or its sub-committees, to ensure fairdistribution of the fund.

PART IX -MISCELLANEOUS PROVISIONS

54. (l) The provisions of this Act shall becomplimentary to any other development efforts by thenational government or any other agency and nothing inthis Act shall be taken or interpreted to mean that an areamay be excluded from any other development prograrnmes.

(2) For the avoidance of doubt, normal Governmentdevelopment allocations shall continue alongside theprojects funded under this Act.

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NationalGovernmentConstituenciesDevelopmentFund 2015

hovisions in thc Actere complimantrry.

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National Government Constituencies Development Fund

55. Any person who misappropriates any funds orassets from the Fund, or assists or causes any person tomisappropriate or apply the funds otherwise than in themanner provided in this Act, commits an offence and shall,upon conviction, be liable to imprisonment for a term ofnot less than five years or to a fine of not less than fivehundred thousand shillings, or both.

56. (1) All complaints and disputes by persons arisingdue to the administration of this Act shall be forwarded tothe Board in the first instance.

(2) Complaints of a criminal nature shall be forwardedby the Board to the relevant government agencies withprosecutorial powers.

(3) Disputes of a civil nature shall be referred to theBoard in the first instance and where necessary anarbitration panel whose costs shall be borne by the partiesto the dispute, shall be appointed by consensus of theparties to consider and determine the matter before thesame is referred to court.

(4) Notwithstanding subsection (3), parties shall be atliberty to jointly appoint an arbitrator of their choice in theevent of a dispute but where parties fail to jointly agree onan arbitrator, any of the parties may apply to the CabinetSecretary to reconsider the Board's decision and determinethe matter.

(5) Subject to this Act, no person in the managementof the Fund shall be held personally liable for any lawfulaction taken in his official capacity or for any disputesagainst the Fund.

PART X_PROVISIONS ON DELEGATEDPOWERS

57. (1) The Board may make Regulations for bettercarrying into effect the provisions of this Act.

(2) For the purposes of Article 94 (6) of theConstitution-

(a) the purpose and objective of the delegation underthis section is to enable the Board to makeRegulations for better carrying into effect theprovisions of this Act;

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Drspute resolution.

Regulatlons

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Tnnritionrlprovisions.

(b) the authority of the Board to make Regulationsunder this Act will be limited to bringing intoeffect the provisions of this Act and fulfilment ofthe objectives specified under this section; and

(c) the principles and standards applicable to thedelegated 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 internationalspecified under Article 2(5)Constitution; and

(iv) any treaty and convention ratified by Kenyaunder 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 qualificationof members of the Constituency Committees;

(b) the procedure for appointment and removal ofmembers of the project management committees;

(c) the Forms to be used in application for the Fundfor various purposes; and

(d) the eligibility criteria for funding of socialsecurity programmes.

PART XI - TR.ANSITIONAL PROVISIONS

58. (1) In this section-

"commencement day" means the date when this Actcomes into operation;

(2) On the commencement day, all the funds, assetsand other property both movable and immovable, whichimmediately before such date wefe vested in theConstituencies Development Fund Board established underthe Constituencies Development Act, 2013, shall by virtueof this subsection, vest in the Board.

(3) On the commencement day, all rights, powers andliabilities, whether arising under any written law or

law as

of the

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otherwise which immediately before such day were vestedin, imposed on or enforceable against the ConstituenciesDevelopment Fund Board established under theConstituency Development Fund Act, 2013 shall be No'30ormr3'

deemed to be vested, imposed or enforceable against theBoard.

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

Fund Board established under the ConstituencyDevelopment Fund Act, 2013, shall, on and after thecommencement day, be construed to be a reference to theBoard.

(5) The annual estimates of the ConstituenciesDevelopment Fund Board established under theConstituency Development Fund Act, 2OI3, for the No 30or20r3'

financial year in which the commencement day occurs shallbe deemed to be the annual estimates of the Board for theremainder of that financial year.

(6) The administrative directions made by theConstituencies Development Fund Board established underthe Constituency Development Fund Act,2013, or by the No'30or20r3'

Cabinet Secretary which are in force immediately beforethe commencement day shall, on and after such day, haveforce as if they were directions made by the Board or theCabinet Secretary under this Act.

(7) Any person who is an officer or employee of theConstituencies Development Fund Board established underthe Constituency Development Fund Act, 2013, No'30or2or3'

immediately before the commencement date of this Actshall be an officer or employee of the Board in the samecapacity and on the same terms he or she was servingbefore the enactment of this Act.

(8) The members of the Constituencies DevelopmentFund Board established under the ConstituencyDevelopment Fund Act, 2Ol3 and the chief executivL No 30or20r3'

officer shall continue in office as members of the Boardand the chief executive officer respectively until the expiryof their existing terms.

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

Fund established by section 4 of the ConstituenciesDevelopment Fund Act, 2013.

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No. 30 National Government Constituencies Development Fund 20lS

FIRST SCHEDULE (s. 6 (s))

CONSTITUENCY PROJECTS RE. ALLOCATION FORM

Constituency No. Constituency Name. . Financialyear..

Signature. ...Date

ProjectNo.

ProjectTitle

Amountallocated

(KSh.)

Amountdisbursed

(KSh.)

Balance

(KSh).

Unspent tobe

reallocated

Totals

Name. Position

2015

Tcnurc of offie

Mcctingr.

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Nationul Government Canstituencies Development F und No.30

SECOND SCHEDULE (s. 18 (1) and (2))

COI\DUCT OF THE BUSINESS AND AFFAIRS OFTHE BOARI)

l.The Chairperson or a member of the Board other than ex

fficio members shall, subject to the provisions of thisSchedule, hold office for a period of three years, on suchterms and conditions as may be specified in the instrumentof appointment, but shall be eligible for appointment forone further term.

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

(2) Notwithstanding subparagraph (1), the Chairpersonmay, and upon requisition in writing by at least fivemembers, convene a special meeting of the Board at anytime for the transaction of the business of the Board.

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

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

(5) The Chairperson shall when present, preside at everymeeting of the Board but the members present shall electone member to preside whenever the Chairperson isabsent, and the person so elected shall have all the powersof the Chairperson with respect to that meeting and thebusiness transacted thereat.

(6) Unless a unanimous decision is reached, a decision onany matter before the Board shall be by a majority of thevotes of the members present and voting, and in case of anequality of votes, the Chairperson or the person presidingshall have a casting vote.

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

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Committccs of thcBoard.

Disclosurc of rntcrcst.

Contrrcts udinsEumnts.

Common scrl.

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National Government Constituencies Development Fund 2015

(8) Subject to the provisions of this Schedule, the Boardmay detennine its own procedure for any committee of theBoard and for the attendance of other persons at itsmeetings and may make standing orders in respect thereof.

3. (1) The Board shall establish such committees as it maydeem appropriate to perform such functions andresponsibilities as it may determine.

(2) The Board shall appoint the Chairpersoncommittee established under subparagraph (1)irmong its members.

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

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

4. (1) A member who has an interest in any contract, orother matter present at a meeting shall at the meeting andas soon as reasonably practicable after thecommencement, disclose the fact thereof and shall nottake 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 duringconsideration of the matter.

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

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

5. Any contract or instrument which, if entered into orexecuted by a person not being a body corporate, wouldnot require to be under seal may be entered into orexecuted on behalf of the Board by any person generallyor specially authorized by the Board for that purpose.

6. (1) The common seal of the Board shall be kept in suchcustody as the Board may direct and shall not be usedexcept on the order of the Board.

(2) The affixing of the common seal of the Board shall beauthenticated by the signature of the Chairperson, theChief Executive Officer and one member nominated by

ofafrom

2015

Provrsrons of theSchedule to apply tothe condEt of thebusiness of theConstituencyCommifte€.

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N at io nal G ov e rnment C on s tituenc ie s D ev e lo pment F und No.30

the Board and any document not required by law to bemade under seal and all decisions of the Board may beauthenticated by the signatures of the Chairperson, theChief Executive Officer and that member nominated bythe Board.

(3) The corlmon seal of the Board when affixed to adocument and duly authenticated shall be judicially andofficially noticed and unless and until the contrary isproved, any necessary order or authorisation by the Boardunder this section shall be presumed to have been dulygiven.

7. The provisions of this Schedule shall apply to theconduct of the business of the Constituency Committeebut only where no specific provisions have been made inthis Act, and only in so far as they do not constitute acontradiction 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 FQRMConstituency No.

Constituency Name. ..County.

Project Number.

hoject Title.

Sector.

Status of projects (tick one)New.. .....Extension.... ..Ongoing.

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.

Name.

Date

Position

II