National Crime Research Centre Act

This Act may be cited as the National Crime Research Centre Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 62
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the National Crime Research Centre Act. Provides definitions for terms used in the Act, including "Centre", "chairperson", "Council", "Director", "research", "the Cabinet Secretary" and "university". Establishes the National Crime Research Centre and lists corporate powers including suing and being sued, acquiring and disposing of property, entering contracts, borrowing money, and doing other acts necessary for its functions. The Centre must carry out research into causes of crime and its prevention and must disseminate research findings to institutions the Council designates for appropriate action. The Centre carries out co-ordinated research and evaluates the impact of programmes pursued by agencies responsible for the administration of criminal justice.

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Provisions of National Crime Research Centre Act

Showing 22 of 22

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title.
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This Act may be cited as the National Crime Research Centre Act.

Section 1. Short title. Section This Act may be cited as the National Crime Research Centre Act.
2
PRELIMINARY - 2. Interpretation.
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Provides definitions for terms used in the Act, including "Centre", "chairperson", "Council", "Director", "research", "the Cabinet Secretary" and "university".

Section 2. Interpretation. Section In this Act, unless the context otherwise requires— "Centre" means the National Crime Research Centre established under section 3 ; "chairperson" means the chairperson of the Council; "Council" means the Governing Council of the Centre established under section 6 ; "Director" means the Director of the Centre appointed under section 11 ; "research" means research undertaken and conducted by or on behalf of the Centre pursuant to the provisions of this Act; "the Cabinet Secretary" means the Attorney-General; "university" has the meaning assigned to it in the Universities Act (Cap. 210).

Part II

ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE CENTRE

3
ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE CENTRE - 3. Establishment of the Centre.
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Establishes the National Crime Research Centre and lists corporate powers including suing and being sued, acquiring and disposing of property, entering contracts, borrowing money, and doing other acts necessary for its functions.

Section 3. Establishment of the Centre. Section 3(1) There is established a Centre to be known as the National Crime Research Centre. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) entering into contracts; Section 3(2)(d) borrowing money; Section 3(2)(e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may be lawfully done or performed by a body corporate.
4
ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE CENTRE - 4. Objects of the Centre.
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The Centre must carry out research into causes of crime and its prevention and must disseminate research findings to institutions the Council designates for appropriate action.

Section 4. Objects of the Centre. Section The objects of the Centre shall be to carry out research into the causes of crime and its prevention and to disseminate research findings to such institutions as the Council may, from time to time, determine for appropriate action.
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ESTABLISHMENT, OBJECTS AND FUNCTIONS OF THE CENTRE - 5. Functions of the Centre.
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The Centre carries out co-ordinated research and evaluates the impact of programmes pursued by agencies responsible for the administration of criminal justice.

Section 5. Functions of the Centre. Section carry out co-ordinated research into, and evaluate the impact of, programmes pursued by the agencies responsible for the administration of criminal justice;

Part III

STRUCTURE AND OFFICERS OF THE CENTRE

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STRUCTURE AND OFFICERS OF THE CENTRE - 10. Departments, units or divisions of the Centre.
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The Council may create departments, units or divisions of the Centre and appoint staff on terms it determines to enable efficient performance of the Centre's functions.

Section 10. Departments, units or divisions of the Centre. Section The Council may create such departments, units or divisions of the Centre and appoint thereto staff, on such terms and conditions as it may determine, for the efficient performance of the functions of the Centre.
11
STRUCTURE AND OFFICERS OF THE CENTRE - 11. Director and Deputy Director.
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The Council must appoint a Director and a Deputy Director; the Director is responsible for directing the Centre's research and managing its affairs and is secretary to the Council; the Deputy Director performs duties under the Director's general direction.

Section 11. Director and Deputy Director. Section 11(1) There shall be a Director of the Centre who shall be appointed by the Council on such terms and conditions of service as the Council may determine. Section 11(2) The Director shall be a person competent to direct the research functions of the Centre, who holds such qualifications as the Council may determine. Section 11(3)(a) planning, directing and co-ordinating all research to be carried out by the Centre; Section 11(3)(b) the management of financial and administrative affairs of the Centre; Section 11(3)(c) the management and custody of the assets of the Centre; Section 11(3)(d) keeping and maintaining all records and documents of the Centre; Section 11(3)(e) the performance of such other duties as may be assigned by the Council from time to time. Section 11(4) The Director shall be the secretary to the Council. Section 11(5) There shall be a Deputy Director who shall be appointed by the Council, on such terms and conditions as the Council may determine. Section 11(6) The Deputy Director shall, under the general direction of the Director, perform such duties as may be assigned to him from time to time.
6
STRUCTURE AND OFFICERS OF THE CENTRE - 6. Establishment and membership of the Council.
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Establishes a Governing Council for the Centre and lists its membership, co-option power, term length for appointed members, remuneration determination, resignation procedure, and grounds for disqualification or incapacity.

Section 6. Establishment and membership of the Council. Section 6(1) There is established a governing body of the Centre which shall be known as the Governing Council. Section 6(2)(a) the Attorney-General or his representative who shall be the chairperson; Section 6(2)(aa) the Principal Secretary to the National Treasury; Section 6(2)(b) the Chief Justice or his representative; Section 6(2)(ba) the Director of Public Prosecutions; Section 6(2)(c) the Commissioner of Police or his representative; Section 6(2)(d) the Commissioner for Social Services or his representative; Section 6(2)(e) the Commissioner of Prisons or his representative; Section 6(2)(f) the Principal Probation Officer or his representative; Section 6(2)(g) three persons appointed by the Cabinet Secretary, being persons eminently qualified in the fields of criminal law, sociology or criminology, to represent universities in Kenya; Section 6(2)(h) one representative of non-Governmental Organizations to be nominated by the National Council of Non-Governmental Organizations; and Section 6(2)(i) three other persons appointed by the Cabinet Secretary, by virtue of their knowledge or expertise in specific aspects of crime-oriented research work. Section 6(3) The Council may co-opt not more than three other members with such knowledge or expertise in specific aspects of crime-oriented research as the Council may determine, to be members of the Council; and such persons may be co-opted for specific assignments or for general purposes. Section 6(4) Members of the Council appointed under paragraphs (g), (h) and (i) of subsection (2) shall hold office for three years but shall be eligible for re-appointment. Section 6(5) Members of the Council shall be paid such remuneration or allowances as may be determined by the Cabinet Secretary. Section 6(6) A member of the Council other than an ex officio member may at any time resign from office by notice in writing to the Director. Section 6(7)(a) absents himself from three consecutive meetings of the Council without proper cause or the permission of the chairperson; Section 6(7)(b) becomes bankrupt or enters into a composition or scheme of arrangement with his creditors; Section 6(7)(c) is incapacitated by physical or mental illness; or Section 6(7)(d) is otherwise unable or unfit to discharge the functions of his office.
7
STRUCTURE AND OFFICERS OF THE CENTRE - 7. Functions of the Council.
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The Council must formulate the research policy and programmes of the Centre.

Section 7. Functions of the Council. Section formulate the research policy and programmes of the Centre;
8
STRUCTURE AND OFFICERS OF THE CENTRE - 8. Meetings of the Council.
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Sets meeting frequency and governance rules for the Council: the Council must meet at least once every three months at times the chairperson determines; the chairperson presides when present and has a casting vote if votes are equal; in the chairperson's absence members present appoint one of them who has the chairperson's powers for that meeting; decisions are by majority; quorum is eight; the Council regulates its own procedures.

Section 8. Meetings of the Council. Section 8(1) The Council shall meet at such times as the chairperson may determine which shall be not less than once in every three months. Section 8(2) The chairperson shall preside at all meetings of the Council at which he is present but in his absence, the members present shall appoint one of them who shall, for the purposes of that meeting and the business transacted thereat, have all the powers of the chairperson. Section 8(3) Decisions at any meeting of the Council shall be by a majority of the members present and voting and in the event of equality of votes, the chairperson shall have a casting vote in addition to his deliberative vote. Section 8(4) The quorum at any meeting of the Council shall be eight. Section 8(5) Subject to subsections (3) and (4), the Council shall regulate its own procedures.
9
STRUCTURE AND OFFICERS OF THE CENTRE - 9. Committees.
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The Council may appoint committees it considers necessary and must set the terms and conditions for how those committees operate.

Section 9. Committees. Section The Council may appoint such committees as it may consider necessary for the performance of its functions under this Act and shall prescribe the terms and conditions under which such committees shall operate.

Part IV

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 12. Funds of the Centre.
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Funds of the Centre: moneys provided by Parliament for that purpose.

Section 12. Funds of the Centre. Section moneys provided by Parliament for that purpose;
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FINANCIAL PROVISIONS - 13. Financial year.
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The Centre's financial year is a 12-month period ending on 30 June each year; any transitional period resulting from a change in the financial year, whether more or less than twelve months, is deemed to be a financial year for purposes of the Act.

Section 13. Financial year. Section 13(1) The financial year of the Centre shall be the period of twelve months ending on the thirtieth June in every year. Section 13(2) In the event of any change in the financial year and for the purposes of the transition from the old financial year to the new financial year consequent upon such change, the transitional period shall, whether more or less than twelve months be deemed to be a financial year for the purposes of this Act.
14
FINANCIAL PROVISIONS - 14. Long-term planning, etc.
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The Centre must prepare long-term plans and submit them to the National Treasury for approval; the Council may raise funds from external sources and must spend those funds according to the proposals, terms and conditions on which they were solicited or granted.

Section 14. Long-term planning, etc. Section 14(1) The Centre shall prepare its long-term planning, programming, budgeting and funding in accordance with the Government’s forward budget procedures and shall submit the same to the National Treasury for approval. Section 14(2) The Council may, pursuant to the provisions of paragraph (c) of section 7 , raise funds from external sources, donations, endowments and trusts for its recurrent and non-recurrent needs and shall spend such monies in accordance with the proposals, terms and conditions on the basis of which the funds were solicited or granted.
15
FINANCIAL PROVISIONS - 15. Investment of funds.
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The Council may invest the Centre's funds in certain approved securities and may deposit unneeded moneys with banks it selects.

Section 15. Investment of funds. Section 15(1) The Council may invest any of the funds of the Centre in securities in which, for the time being, trustees may by law invest trust funds or in any other securities which the National Treasury may from time to time approve for that purpose. Section 15(2) The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the Centre.
16
FINANCIAL PROVISIONS - 16. Annual estimates.
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The Council must prepare and approve annual estimates of the Centre before each financial year, submit them to the Cabinet Secretary within three months after the year's commencement for approval, and may not increase sums in the estimates without the Cabinet Secretary's consent.

Section 16. Annual estimates. Section 16(1) Before the commencement of every financial year, the Council shall cause to be prepared estimates of revenue and expenditure of the Centre for that year. Section 16(2)(a) the payment of salaries, allowances and other charges in respect of staff of the Centre; Section 16(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Centre; Section 16(2)(c) the proper maintenance of the buildings and grounds of the Centre; Section 16(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Centre; Section 16(2)(e) the cost of research activities of the Centre; and Section 16(2)(f) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Council may deem fit. Section 16(3) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval within a period of three months after the commencement of the financial year and after the Cabinet Secretary has given his approval, the Council shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary. Section 16(4) No expenditure shall be incurred for purposes of the Centre except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Council given with prior approval of the Cabinet Secretary.
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FINANCIAL PROVISIONS - 17. Accounts and audit.
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Council must keep proper books and records of account; accounts are audited by the Auditor-General or an auditor appointed by the Council; the Auditor-General has powers to direct auditors and may transmit reports to the Cabinet Secretary; various reporting and timing rules apply.

Section 17. Accounts and audit. Section 17(1) The Council shall cause to be kept proper books and records of account of the income, expenditure, assets and liabilities of the Centre. Section 17(2)(a) a statement of income and expenditure during that year; and Section 17(2)(b) a statement of assets and liabilities of the Centre as on the last day of the year. Section 17(3) The accounts of the Centre shall be audited by the Auditor-General or an auditor appointed under this section by the Council under the authority of the Auditor-General. Section 17(4) The appointment of an auditor under this section shall not be terminated by the Council without the consent of the Auditor-General. Section 17(5) The Auditor-General may give general or special directions to an auditor appointed by the Council under this section and the auditor shall comply with such directions. Section 17(6) An auditor appointed under this section shall report directly to the Auditor-General on any matter relating to the directions given under subsection (5). Section 17(7) Within a period of two months from the date the books and records of account are submitted to him under subsection (2), the Auditor-General or the auditor appointed by the Council, as the case may be, shall examine the accounts of the Centre and shall report his findings thereon to the Council and to the Cabinet Secretary; and where the auditor is appointed by the Council, he shall also transmit a copy of his report to the Auditor-General. Section 17(8) Nothing in this Act shall be construed as prohibiting the Auditor-General from carrying out an inspection of the Centre’s accounts or records if it appears to him desirable pursuant to the provisions of Part VII of the Exchequer and Audit Act (Cap. 412). Section 17(9) Notwithstanding anything in this Act, the Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Act, and subsections (3) and (4) of section 19 of the Exchequer and Audit Act (Cap. 412) shall, mutatis mutandis , apply to any report made under this section. Section 17(10) The Cabinet Secretary shall lay the auditor’s report submitted to him under subsection (7) before the National Assembly in accordance with the provisions of subsection (4) of section 19 of the Exchequer and Audit Act (Cap. 412). Section 17(11) The remuneration of any auditor not in the service of the Government shall be determined and paid by the Council.
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FINANCIAL PROVISIONS - 18. Annual report.
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The Council must, within four months after the end of each financial year, report to the Cabinet Secretary on the Centre's activities and next year's research programmes; the Cabinet Secretary must lay that report before the National Assembly within fourteen days of receipt.

Section 18. Annual report. Section 18(1) The Council shall, within four months after the end of each financial year, make a report to the Cabinet Secretary on the activities of the Centre during the financial year and its research programmes for the following year. Section 18(2) The Cabinet Secretary shall, within fourteen days after receipt of the report, lay the same before the National Assembly.

Part V

MISCELLANEOUS PROVISIONS

19
MISCELLANEOUS PROVISIONS - 19. Regulations.
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The Council may make regulations covering listed matters; before making/amending/revoking regulations about offices or officers' terms and conditions the Council must first seek the Director's opinion (which need not be binding); regulations require a resolution supported by at least three‑quarters of members present and voting, representing at least half of total membership; regulations need not be published in the Gazette.

Section 19. Regulations. Section 19(1)(a) the establishment of departments, units or divisions into which the Centre may be divided for the efficient carrying out of its objects and functions; Section 19(1)(b) the conduct of research and related activities; Section 19(1)(c) the terms and conditions of service, including the appointment, dismissal, discipline, remuneration and retirement benefits of the staff of the Centre; Section 19(1)(d) the constitution and procedure of meetings of the Council and the establishment, composition and terms of reference of committees thereof; Section 19(1)(e) the determination of the manner of remuneration of members of the Council; Section 19(1)(f) the procedures of fund-raising activities; Section 19(1)(g) providing for or prescribing anything which, under this Act, may be provided for or prescribed by regulations. Section 19(2) Notwithstanding the provisions of subsection (1) the Council shall not make, amend or revoke any regulations governing privileges or terms and conditions of service of the offices established or officers appointed by the Council without first seeking the opinion of the Director: Provided that the Director’s opinion shall not be binding on the Council. Section 19(3) Regulations shall only be made by resolution passed at a meeting of the Council supported by a majority of not less than three-fourths of the members present and voting, being not less than half of the total membership of the Council. Section 19(4) Regulations made by the Council under this Act shall not require to be published in the Gazette and provisions of sections 27 and 34 of the Interpretations and General Provisions Act ( Cap. 2 ) shall not apply to the regulations.
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MISCELLANEOUS PROVISIONS - 20. Protection of name.
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Public officers must not register names and persons must not use the words "Centre" together with "National Crime Research" for business or advertisements without the written consent of the Council; breach is an offence punishable by a fine up to fifty thousand shillings, or up to two years' imprisonment, or both, with a bona fide research/work exception authorised by the Council or the Director.

Section 20. Protection of name. Section 20(1) Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies or business names shall accept for such registration any name which includes the word "Centre" together with the words "National Crime Research" unless the application for the registration is accompanied by the written consent of the Council. Section 20(2) Any person who, except with the written consent of the Council, uses the word "Centre" together with the words "National Crime Research" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling or profession commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding two years, or to both: Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of research or work authorised by the Council or the Director.
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MISCELLANEOUS PROVISIONS - 21. Request for information.
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The Director may, in writing, request any person to provide information or produce documents; persons who without reasonable cause refuse to comply or who knowingly or recklessly give materially false information are prohibited from doing so.

Section 21. Request for information. Section 21(1) The Director may, in writing, request any person to furnish the Centre with such information or to produce such documents or records as he deems necessary and relevant for the discharge of the functions of the Centre under this Act. Section 21(2)(a) without reasonable cause, refuses or fails to comply with a request under subsection (1) to furnish any information or to produce any documents or records; or Section 21(2)(b) in furnishing such information, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,
22
MISCELLANEOUS PROVISIONS - 22. Common seal and signification of documents.
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The Council directs where the Centre's common seal is kept and how it is used; the seal is authenticated by the signatures of the chairperson and the Director and, when so authenticated, is judicially noticed and presumed authorized by the Council.

Section 22. Common seal and signification of documents. Section 22(1) The common seal of the Centre shall be kept in such custody as the Council directs and shall be used as directed by the Council from time to time. Section 22(2) The seal shall be authenticated by the signatures of the chairperson and the Director. Section 22(3) The seal, when affixed to any document and duly authenticated as provided under subsection (2), shall be judicially noticed and unless and until the contrary is proved, any necessary order or authorization of the Council under this section, shall be presumed to have been duly given.

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