Coast Development Authority Act

This Act may be cited as the Coast Development Authority Act, 1990.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 449
Version: 18 Jan 1991
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Coast Development Authority Act, 1990. This section defines terms used in the Act (for example "Area", "Authority", "chairman", "development area", "exclusive economic zone", "managing director", and "non-official members"). The Authority may sue and be sued. Non-official members hold office for three years; the President appoints the chairman; the Minister appoints eight other members in consultation with the President; retiring members are eligible for re-appointment. Rules for meetings: the chairman must convene the Authority at least four times per year; Authority must elect a vice-chairman; chairman or vice-chairman may convene special meetings and must do so within 14 days of a written requisition signed by at least three members; the chairman (or vice-chairman) shall preside at meetings, or members present shall elect a presiding member if both are absent; the presiding member has a casting and deliberative vote; the Authority shall regulate its own procedure subject to the Act and Minister directions.

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Provisions of Coast Development Authority Act

Showing 17 of 17

Part I

PRELIMINARY

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PRELIMINARY - 1. Short title
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This Act may be cited as the Coast Development Authority Act, 1990.

Section 1. Short title Section This Act may be cited as the Coast Development Authority Act, 1990.
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PRELIMINARY - 2. Interpretation
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This section defines terms used in the Act (for example "Area", "Authority", "chairman", "development area", "exclusive economic zone", "managing director", and "non-official members").

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “Area” means the whole of the Coast Province; “Authority” means the Coast Development Authority; “chairman” means the person appointed as chairman of the Authority under paragraph (a) of subsection (1) of section 4 ; “development area” means that part of the Coast Province within Lamu, Mombasa, Kilifi, Tana River, Kwale and Taita Taveta districts including the southern half of Garissa District and the exclusive economic zone ; “exclusive economic zone” means the exclusive economic zone of Kenya established and delimited by section 4 of the Maritime Zones Act 1989 (No. 6 of 1989) ; “managing director” means the managing director appointed under section 10 ; “non-official members” means the chairman and the members of the Authority appointed under paragraph (h) of section 4 .

Part II

ESTABLISHMENT AND POWERS OF THE AUTHORITY

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ESTABLISHMENT AND POWERS OF THE AUTHORITY - 3. Establishment of theAuthority
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The Authority may sue and be sued.

Section 3. Establishment of theAuthority Section suing and being sued;
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ESTABLISHMENT AND POWERS OF THE AUTHORITY - 4. Membership of theAuthority
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Non-official members hold office for three years; the President appoints the chairman; the Minister appoints eight other members in consultation with the President; retiring members are eligible for re-appointment.

Section 4. Membership of theAuthority Section 4(1)(a) a chairman appointed by the President; Section 4(1)(b) the Permanent Secretary to the Ministry for the time being responsible for regional development or an officer of that Ministry designated by the Permanent Secretary in writing; Section 4(1)(c) the Permanent Secretary to the Ministry for the time being responsible for finance or an officer of that Ministry designated by The Permanent Secretary in writing; Section 4(1)(d) the Permanent Secretary to the Ministry for the time being responsible for agriculture or an officer of that Ministry designated by the Permanent Secretary in writing; Section 4(1)(e) the Permanent Secretary to the Ministry for the time being responsible for health or an officer of that Ministry designated by the Permanent Secretary in writing; Section 4(1)(f) the Permanent Secretary to the Ministry for the time being responsible for water development or an officer of that Ministry designated by the Permanent Secretary in writing; Section 4(1)(g) the Permanent Secretary to the Ministry for the time being responsible for tourism or an officer of that Ministry designated by the Permanent Secretary in writing; Section 4(1)(h) the Provincial Commissioner for the Coast Province; Section 4(1)(i) eight other members appointed by the Minister, in consultation with the President, all of whom shall be appointed from the area affected by the operations of the Authority ; and Section 4(1)(j) The managing director appointed under section 10 . Section 4(2) Subject to this section, the non-official members shall hold office for a period of three years from the dates of their respective appointments. Section 4(3) A retiring member shall be eligible for re-appointment. Section 4(4)(a) has been guilty of improper conduct considered to be inconsistent with his membership of the Authority ; or Section 4(4)(b) is incapacitated by prolonged physical or mental illness from performing his duties as a member of the Authority ; or Section 4(4)(c) is unable or unfit, for any other reason, to discharge the duties of his office, and that it would be in the interest of the Authority so to do he may terminate the appointment of that member or in the case of the chairman recommend to the President that the appointment be terminated. Section 4(5)(a) upon the expiry of his term of appointment; or Section 4(5)(b) upon the termination of his appointment under sub-section (4) ; or Section 4(5)(c) upon the expiry of one month, or such shorter period as may be mutually agreed, after the date upon which the Minister receives a written notice signed by the member of his intention to resign; or Section 4(5)(d) if he is absent without the permission of the Authority from three consecutive meetings of the Authority of which he had reasonable notice. Section 4(6) The non-official members shall be paid by the Authority such remuneration and allowances as the Minister may from time to time determine in consultation with the State Corporation Advisory Committee.
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ESTABLISHMENT AND POWERS OF THE AUTHORITY - 5. Meetings and procedure of theAuthority
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Rules for meetings: the chairman must convene the Authority at least four times per year; Authority must elect a vice-chairman; chairman or vice-chairman may convene special meetings and must do so within 14 days of a written requisition signed by at least three members; the chairman (or vice-chairman) shall preside at meetings, or members present shall elect a presiding member if both are absent; the presiding member has a casting and deliberative vote; the Authority shall regulate its own procedure subject to the Act and Minister directions.

Section 5. Meetings and procedure of theAuthority Section 5(1) The Authority shall be convened by the chairman at least four times in every year. Section 5(2) The Authority shall elect a vice- chairman from among its members. Section 5(3) The chairman or in his absence the vice- chairman , may at any time convene a special meeting of the Authority , and shall do so within fourteen days of receipt by him of a written requisition signed by at least three members. Section 5(4) The quorum necessary for the transaction of any business at a meeting of the Authority shall be two-thirds of the members inclusive of the person presiding, and all acts, matters or things authorized or required to be done by the Authority shall be effected by a resolution passed by a majority of the members present and voting at a meeting at which a quorum is present. Section 5(5) The chairman , or in his absence the vice- chairman , shall preside at all meetings of the Authority , except that in the case of the absence of both the chairman and the vice- chairman the members present shall elect one of their number to preside at that particular meeting. Section 5(6) At every meeting of the Authority the member presiding shall have a casting as well as a deliberative vote. Section 5(7) Subject to subsection (4) , no act, decision or proceedings of the Authority shall be questioned on account of any vacancy in the membership thereof or on account of any defect in the appointment of any of its members. Section 5(8) Subject to this Act, and to any general of specific directions of the Minister, the Authority shall regulate its own procedure.
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ESTABLISHMENT AND POWERS OF THE AUTHORITY - 6. Seal and execution of documents
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The Authority's common seal must be authenticated by the managing director and an authorized person; the managing director may sign documents and decisions not required to be under seal.

Section 6. Seal and execution of documents Section 6(1) The common seal of the Authority shall be authenticated by the signature of the managing director and such other person as may be generally or specifically authorized by the Authority . Section 6(2) All documents, other than those required by law to be under seal, made by, and all decisions of, the Authority may be signed under the hand of the managing director .
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ESTABLISHMENT AND POWERS OF THE AUTHORITY - 7. Committees
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The Authority may appoint committees, and committee decisions are not effective unless confirmed by the Authority.

Section 7. Committees Section The Authority may from time to time appoint such committees, whether of its own members or otherwise, as it may think necessary but no decision of any committee shall be effective unless it has been confirmed by the Authority .
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ESTABLISHMENT AND POWERS OF THE AUTHORITY - 8. Functions of theAuthority
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theAuthority (Functions) — to plan for the development of the Area and initiate project activities identified from such planning through the Government.

Section 8. Functions of theAuthority Section to plan for the development of the Area and initiate project activities identified from such planning in the development and through the Government generally;

Part III

ADMINISTRATION

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ADMINISTRATION - 10. Managing director
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The Minister must appoint a managing director; the managing director must execute the Authority's policy and manage its day-to-day business, including supervising officers and handling service, pay and privileges questions.

Section 10. Managing director Section 10(1) There shall be an officer of the Authority , to be known as the managing director , who shall be appointed by the Minister and who shall be responsible for the execution of the policy of the Authority and for the control and management of its day to day business. Section 10(2)(a) to control and supervise the acts of all officers and servants of the Authority in the matters of executive administration and in all matters concerning the accounts and records of the Authority ; and Section 10(2)(b) to dispose of all questions relating to the service of the officers and servants of the Authority and their pay and privileges.
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ADMINISTRATION - 9. Appointment and remuneration of staff
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The Authority may appoint staff; members of staff must carry out duties assigned by the managing director; the managing director, with the Authority's approval, may determine staff salaries and members shall be paid from the Authority's funds.

Section 9. Appointment and remuneration of staff Section 9(1) The Authority may appoint, upon such terms and conditions as it thinks proper, such officers and servants as it considers necessary or desirable for the effective conduct and operation of the Authority . Section 9(2) Every member of staff shall, subject to this Act, exercise such powers and functions and perform the duties assigned to him from time to time by the managing director . Section 9(3) The member of staff appointed under subsection (1) shall be paid out of the funds of the Authority such salaries as the managing director , with the approval of the Authority may from time to time determine and such travelling and other expenses as they may incur in the performance of their duties.

Part IV

FINANCIAL RESOURCES AND CONTROL

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FINANCIAL RESOURCES AND CONTROL - 11. Funds of theAuthority
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The Authority must invest its funds, subject to written approval by the Minister and the Treasury; the Authority's funds include money provided by Parliament, moneys borrowed with Ministerial approval, and other moneys accruing to the Authority.

Section 11. Funds of theAuthority Section 11(1)(a) such moneys as may from time to time be provided by Parliament; Section 11(1)(b) moneys borrowed by the Authority on such terms and for such purposes as the Minister, in consultation with the Minister for the time being responsible for finance, may approve; Section 11(1)(c) any moneys accruing to the Authority from any other source. Section 11(2) Subject to the written approval of the Minister and the Treasury, funds of the Authority shall be invested in such a manner as the Authority may deem proper.
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FINANCIAL RESOURCES AND CONTROL - 12. Accounts and audit
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Section 12 requires the Authority to keep proper accounting records, prepare additional accounts as required by the Minister, prepare annual balance sheets, have its accounts audited annually by the Auditor-General (Corporations), provide all records for audit, and allows the Auditor-General to request information and to report to the Authority and Minister.

Section 12. Accounts and audit Section 12(1) The Authority shall cause to be kept all proper books and records of account of the income, expenditure, asserts and liabilities of the Authority and shall prepare such other accounts as the Minister may require and, in addition, shall prepare yearly balance sheets made up to the end of each financial year. Section 12(2) At the end of each financial year the accounts of the Authority shall be audited by the Auditor-General (Corporations) in accordance with section 30A of the Exchequer and Audit Act ( Cap. 412 ). Section 12(3) The Authority shall produce and lay before the Auditor-General (Corporations) all records and accounts of the Authority with all vouchers in support thereof, and all books, papers and writings in its possession or control relating thereto and the Auditor-General (Corporations) shall be entitled to require from all members, officers and servants of the Authority such information and explanations as may be necessary for the proper performance of his duties. Section 12(4) At the completion of the audit under this section, the Auditor-General (Corporations) shall make a report thereon to the Authority and shall at the same time send a copy of the report to the Minister.
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FINANCIAL RESOURCES AND CONTROL - 13. Annual reports
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The Authority must submit and publish annual reports and accounts; the Minister must present those reports to the National Assembly.

Section 13. Annual reports Section 13(1) The Authority shall within a period of six months after the end of each financial year or within such longer period as the Minister may approve, submit to the Minister a report of its operations and activities during that year, together with the yearly balance sheet and such other statements of accounts as the Minister shall require, and the Authority shall publish the annual report and the yearly balance sheet in such manner as the Minister may specify. Section 13(2) The Minister shall lay both the Authority 's report and the report of the Auditor-General (Corporations), together with the yearly balance sheet and such other statements of account as the Minister may deem appropriate, before the National Assembly as soon as reasonably practicable.

Part V

MISCELLANEOUS PROVISIONS

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MISCELLANEOUS PROVISIONS - 14. Protection of members and staff
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Members of the Authority and its officers and servants are exempt from personal liability for acts done bona fide to carry the Act into effect.

Section 14. Protection of members and staff Section No act or thing done by any member of the Authority or by any officer or servant of the Authority shall, if the Act or thing was done bona fide for the purpose of carrying this Act into effect, subject him personally to any liability, action, claim or demand whatsoever.
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MISCELLANEOUS PROVISIONS - 15. Exemption from Stamp Duty
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The Authority is exempt from stamp duty on instruments executed by, on behalf of, or in favour of the Authority.

Section 15. Exemption from Stamp Duty Section No duty shall be chargeable under the Stamp Duty Act, ( Cap. 480 ) in respect of any instrument executed by or on behalf of or in favour of the Authority in cases where, but for this section, the Authority would be liable to pay such duty.
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MISCELLANEOUS PROVISIONS - 16. Acquisition of land for the purposes of theAuthority
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The Authority acquires land needed for its purposes either by negotiating with the registered owner for non‑public land (with an exemption from Land Control Board consent for agricultural land), or by notifying the Minister when the land is public or cannot be acquired by negotiation; the Minister may then place the land at the Authority's disposal on terms he thinks fit.

Section 16. Acquisition of land for the purposes of theAuthority Section 16(1)(a) if the land is not public land, acquire the land through negotiation and agreement with the registered owner thereof, provided that notwithstanding the provisions of section 6 of the Land Control Act ( Cap. 302 ) the ensuing transaction shall not require the consent of the land control board if the land to be acquired is agricultural land; or Section 16(1)(b) if the land is public land, or if the Authority is unable to acquire the land through negotiation and agreement in accordance with paragraph (a) notify the Minister responsible for public lands and the land specified in the notice is required for the purpose of the Authority . Section 16(2) Where notice has been given under subsection (1)(b) the Minister responsible for matters relating the land may, in his discretion and upon such terms and conditions as he may think fit, place such land at the disposal of the Authority to be used for the purposes of the Authority .
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MISCELLANEOUS PROVISIONS - 17. Regulations
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The Minister may make regulations to better carry out the Act.

Section 17. Regulations Section The Minister may make regulations generally for the better carrying out the provisions of this Act.

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