Kenya Water Institute Act

This Act may be cited as the Kenya Water Institute Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 372A
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 Kenya Water Institute Act. This section provides definitions for terms used in the Act, including "academic board", "Cabinet Secretary", "Council", "Chairperson", "Director", "Institute", "National Council of Non-Governmental organizations", and "student". Establishes the Kenya Water Institute, grants it corporate powers (sue and be sued; acquire, hold and alienate property; and perform acts of a body corporate), and declares it the successor to the former Kenya Water Institute with automatic transfer of that former body's rights, obligations, assets and liabilities. Specifies the objects of the Institute: it may provide services, training, collaboration forums, and conduct examinations and awards; and admission for diplomas or awards is open to all qualified persons without distinction on ethnic origin, sex or creed. Section 5 sets out the composition of the Institute's Governing Council, identifies that the Chairperson is appointed by the Cabinet Secretary, lists member categories, prescribes three-year terms (with one re-appointment permitted) for non-ex officio members, and lists grounds for vacation of office.

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Provisions of Kenya Water Institute Act

Showing 19 of 19

Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the Kenya Water Institute Act.

Section 1. Short title Section This Act may be cited as the Kenya Water Institute Act.
2
PRELIMINARY - 2. Interpretation
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This section provides definitions for terms used in the Act, including "academic board", "Cabinet Secretary", "Council", "Chairperson", "Director", "Institute", "National Council of Non-Governmental organizations", and "student".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "academic board" means the academic board of the Institute constituted under section 7 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to water; "Council" means the Governing Council of the Institute established under section 5 ; "Chairperson" means the Chairperson of the Council appointed and designated as such under section 5 (2); "Director" means the Director of the Institute appointed and designated as such under section 9 ; "Institute" means the Kenya Water Institute established under section 3 ; "National Council of Non-Governmental organizations" means the National Council of Non-Governmental organizations established under the Non-governmental Organizations Co-ordination Act (Cap. 134); "student" shall include both long term and short-term participants of the Institute.

Part II

ADMINISTRATION

3
ADMINISTRATION - 3. Establishment of the Institute
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Establishes the Kenya Water Institute, grants it corporate powers (sue and be sued; acquire, hold and alienate property; and perform acts of a body corporate), and declares it the successor to the former Kenya Water Institute with automatic transfer of that former body's rights, obligations, assets and liabilities.

Section 3. Establishment of the Institute Section 3(1) There is established an Institute to be known as the Kenya Water Institute. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing or otherwise acquiring, holding and alienating movable or immovable property; and Section 3(2)(c) subject to the provisions of this Act, of doing or performing all such acts or things as may by law be done or performed by a body corporate. Section 3(3) The Institute shall be the successor to the Institute known as the Kenya Water Institute existing immediately before the commencement of this Act, and subject to this Act, all rights, obligations, assets and liabilities of that Institute existing at the commencement of this Act shall be automatically and fully transferred to the Institute and any reference to the Kenya Water Institute in any contract or document shall, for all purposes, be deemed to be a reference to the Institute established under subsection (1).
4
ADMINISTRATION - 4. Objects of the Institute
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Specifies the objects of the Institute: it may provide services, training, collaboration forums, and conduct examinations and awards; and admission for diplomas or awards is open to all qualified persons without distinction on ethnic origin, sex or creed.

Section 4. Objects of the Institute Section 4(1)(a) to provide directly or in collaboration with other institutions of higher learning, services in human resource development, consultancy, research and development in the water sector on a commercial basis to the public sector, state corporations, local authorities, the private sector and all other persons, local or foreign, who may request for such services from the Institute; Section 4(1)(b) to provide training programmes, seminars, and workshops and producer publications aimed at maintaining standards in the water and sanitation sector; Section 4(1)(c) to provide a forum for effective collaboration between the public and private sectors and other interested parties for the development of the water and sanitation sectors; and Section 4(1)(d) to conduct examinations and award diplomas, certificates and other awards to successful candidates. Section 4(2) Admission to the Institute of candidates for diplomas or other awards of the Institute shall be open to all persons accepted as qualified for such admission without distinction on the basis of ethnic origin, sex or creed being imposed on any person as a condition of his becoming or continuing to be a student at the Institute.
5
ADMINISTRATION - 5. Governing Council of the Institute
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Section 5 sets out the composition of the Institute's Governing Council, identifies that the Chairperson is appointed by the Cabinet Secretary, lists member categories, prescribes three-year terms (with one re-appointment permitted) for non-ex officio members, and lists grounds for vacation of office.

Section 5. Governing Council of the Institute Section 5(1)(a) a Chairperson appointed by the Cabinet Secretary; Section 5(1)(b) the Principal Secretary to the National Treasury; Section 5(1)(c) the Principal Secretary to the Ministry for the time being responsible for local authorities; Section 5(1)(d) the Director of Water Development; Section 5(1)(e) the Director of the Institute, who shall be secretary; Section 5(1)(f) a representative of the public universities who shall be appointed on a three year rotational basis on the advice of the said universities; Section 5(1)(g) one representative of private sector managers of community based water and sanitation programmes; Section 5(1)(g)(i) one representative of private sector managers of community based water and sanitation programmes; Section 5(1)(g)(ii) one representative of a registered local Non-Governmental Organization involved in activities related to the water sector, nominated by the National Council of Non-Governmental Organisations; Section 5(1)(g)(iii) one representative of professional bodies, the activities of which relate to the water sector; and Section 5(1)(g)(iv) one representative of registered water users associations. Section 5(2) The Chairperson shall be appointed from amongst persons of high integrity who have management experience and strong working knowledge of the water sector. Section 5(3) The Chairperson appointed under section 5 (1) shall be a person qualified in terms of paragraph (g) of that subsection. Section 5(4) The persons specified in paragraphs (b) and (c) may depute suitable persons as their representatives on the Council. Section 5(5) A member of the Council, other than an ex officio member, shall hold office for a period of three years but shall be eligible for re-appointment for one further term of a period not exceeding three years. Section 5(6)(a) not being an ex officio member, resigns from office by writing under his hand addressed to the Cabinet Secretary; Section 5(6)(b) is unable to exercise the functions of his office by reason of physical or mental infirmity; Section 5(6)(c) is adjudged bankrupt by a court of competent jurisdiction; Section 5(6)(d) is convicted of a criminal offence and sentenced to a term of imprisonment exceeding six months; Section 5(6)(e) conducts himself in a manner inconsistent with membership of the Council; Section 5(6)(f) is absent from three consecutive meetings without the permission of the Chairperson; or Section 5(6)(g) upon his death.
6
ADMINISTRATION - 6. Functions and powers of the Council
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The Council is vested with governance, control and administration of the Institute and must perform specified functions (formulate policies with Cabinet Secretary approval; administer property and funds; receive donations; borrow funds; appoint academic staff; receive reports and direct action; and take acts to carry out the Act). The Council may not charge or dispose of immovable property without the Cabinet Secretary's approval. Members and staff are not personally liable for acts done in good faith.

Section 6. Functions and powers of the Council Section 6(1) Subject to this Act, the governance, control and administration of the Institute shall vest in the Council. Section 6(2)(a) formulate, with the approval of the Cabinet Secretary, policies pertaining to the organization, management and implementation of the objects of the Institute; Section 6(2)(b) administer the property and funds of the Institute in such manner and for such purposes as shall best promote the interests of the Institute: Provided that the Council shall not charge or dispose of the immovable property of the Institute without the approval of the Cabinet Secretary; Section 6(2)(c) receive, on behalf of the Institute, donations, endorsements, gifts, grants or other monies and to make legitimate disbursements therefrom; Section 6(2)(d) borrow, generate and raise funds for the purposes of the Institute; Section 6(2)(e) appoint suitable academic staff for the Institute upon such terms and conditions as it may determine; Section 6(2)(f) receive reports from the Director or any officer of the Institute in respect of financial and other circumstances of the Institute and to direct any action to be taken by the Director or any officer of the Institute; and Section 6(2)(g) do or perform anything or any other act for the better carrying out of the purpose of this Act. Section 6(3) There shall be paid to the members of the Council such remuneration, fees or allowances for expenses as the Cabinet Secretary may determine after consultation with the Cabinet Secretary for the time being responsible for finance. Section 6(4) No member of the Council or staff of the Institute shall be personally liable for any act or default, done in good faith in the exercise or purported exercise of the functions of the Council.
7
ADMINISTRATION - 7. Academic Board
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The academic board may co-opt such other members as may be necessary for the exercise of its functions under this Act.

Section 7. Academic Board Section 7(1)(a) the Director; Section 7(1)(b) the Deputy Directors; and Section 7(1)(c) the Heads of Departments of the Institute. Section 7(2) The academic board may co-opt such other members as may be necessary for the exercise of its functions under this Act. Section 7(3)(a) set and review the content and academic standard of any diploma or other award of the Institute; Section 7(3)(b) establish standards for and evaluate the quality of the training programmes of the Institute; Section 7(3)(c) set examinations and award diplomas and certificates to suitably qualified students of the Institute; and Section 7(3)(d) co-ordinate such other activities as may be undertaken by the Institute in the discharge of its functions under this Act.
8
ADMINISTRATION - 8. Director of the Institute
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Establishes a Director of the Institute: the Council employs a suitably qualified Director and the Director is the chief executive responsible to the Council, chairs the academic board, supervises staff and students, and may appoint temporary staff with Council‑approved fees.

Section 8. Director of the Institute Section 8(1) There shall be a Director of the Institute, who shall be a person with relevant academic and professional qualifications and experience and with proven capacity in training, management and administration of matters related to the water sector and who shall be employed by the Council upon such terms and conditions as the Council may determine. Section 8(2)(a) be the chief executive of the Institute and as such responsible to the Council for the direction, organisation, administration and programmes of the Institute; Section 8(2)(b) be the Chairperson of the academic board; Section 8(2)(c) be responsible for the supervision of the other staff of the Institute, including the maintenance of discipline among the staff and students of the Institute; and Section 8(2)(d) appoint such temporary professional and other staff as may from time to time be required by the Institute at such fee as may be approved by the Council.
9
ADMINISTRATION - 9. Staff of the Institute
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The Council may employ staff as it considers necessary and may set the terms and conditions of their service.

Section 9. Staff of the Institute Section The Council may employ such staff as it deems necessary for the efficient discharge of the functions of the Institute, upon such terms and conditions of service as the Council may determine.

Part III

FINANCIAL PROVISIONS

10
FINANCIAL PROVISIONS - 10. Funds of the Institute
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The Institute's funds are the monies that Parliament may appropriate for the purposes of the Institute.

Section 10. Funds of the Institute Section such monies as may be appropriated by Parliament for the purposes of the Institute;
11
FINANCIAL PROVISIONS - 11. Financial year
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The Institute's financial year is the twelve-month period ending on 30th June each year.

Section 11. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the 30th June in every year.
12
FINANCIAL PROVISIONS - 12. Annual estimates
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The Council must prepare annual revenue and expenditure estimates for the Institute at least five months before each financial year, and must approve and submit those estimates to the Cabinet Secretary at least two months before the year starts.

Section 12. Annual estimates Section 12(1) At least five months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Institute for that year. Section 12(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Institute and the members of the Council; Section 12(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Council; Section 12(2)(c) the acquisition, maintenance, repair and replacement of the equipment and other movable property of the Institute; and Section 12(2)(d) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may deem fit. Section 12(3) The annual estimates shall be approved by the Council at least two months before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval. Section 12(4) No expenditure shall be incurred for the purposes of the Institute except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Council given with prior written approval of the Cabinet Secretary and the Principal Secretary to the National Treasury.
13
FINANCIAL PROVISIONS - 13. Books and records of account
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The Council must ensure that proper books and records of the Institute’s income, expenditure and assets are kept.

Section 13. Books and records of account Section The Council shall cause to be kept proper books and records of account of the income, expenditure and assets of the Institute.
14
FINANCIAL PROVISIONS - 14. Audit
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The accounts of the Institute must be audited and reported upon by the Auditor-General in accordance with sections 29 and 30A of the Public Audit Act (Cap. 412B).

Section 14. Audit Section 14(1)(a) a statement of income and expenditure during that year; and Section 14(1)(b) a statement of the current assets and liabilities of the Institute. Section 14(2) The accounts of the Institute shall be audited and reported upon in accordance with sections 29 and 30A of the Public Audit Act (Cap. 412B), by the Auditor-General.

Part IV

MISCELLANEOUS PROVISIONS

15
MISCELLANEOUS PROVISIONS - 15. Common seal
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The Council may direct who keeps the Institute's common seal and the seal must be authenticated by the Chairperson and the Director; use of the seal requires the Council's order.

Section 15. Common seal Section 15(1) Subject to this section, the common seal of the Institute shall be kept in the custody of the Director or of such other person as the Council may direct, and shall not be used except upon the order of the Council. Section 15(2) The common seal of the Institute shall be authenticated by the signature of the Chairperson and the Director. Section 15(3) The common seal of the Institute, when affixed to any document and duly authenticated under this section, shall be judicially and officially noticed, and unless the contrary is proved, the necessary order or authorisation of the Council under this section shall be deemed to have been duly given.
16
MISCELLANEOUS PROVISIONS - 16. Signification of documents
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Documents made on behalf of the Council (except those required by law to be under seal) must be signed by the Chairperson of the Council, the Director, or a Council member specifically authorised by the Council.

Section 16. Signification of documents Section All documents other than those required by law to be under seal made on behalf of the Council shall be signified by the hand of the Chairperson of the Council, the Director, or any other member of the Council specifically authorised by the Council in that behalf.
17
MISCELLANEOUS PROVISIONS - 17. Statutes
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The Council may make statutes on the listed matters; statutes must be made by a resolution at a Council meeting passed by a majority of members present and voting.

Section 17. Statutes Section 17(1)(a) the establishment of Departments of the Institute; Section 17(1)(b) the requirements for the award of diplomas or other awards of the Institute; Section 17(1)(c) the conduct of examinations; Section 17(1)(d) prescribing fees, boarding and other charges; Section 17(1)(e) prescribing the terms and conditions of service, including the appointment, discipline, dismissal and retirement benefits of the officers of the Institute; Section 17(1)(f) the procedure of meetings of the Council and the establishment, composition and terms of reference of the Committee of the Council. Section 17(2) Statutes shall be made by a resolution made at a meeting of the Council and passed by a majority of the members present and voting.
18
MISCELLANEOUS PROVISIONS - 18. Establishment of facilities
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The Institute may establish facilities in any part of Kenya to better discharge its functions and responsibilities under the Act.

Section 18. Establishment of facilities Section The Institute may establish facilities in any part of Kenya for the better discharge of its functions and responsibilities under this Act.
19
MISCELLANEOUS PROVISIONS - 19. Protection of name
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Public officers who register company or business names must not accept names containing "Water Institute" together with "Kenya" unless the application includes the Council's written consent.

Section 19. Protection of name Section 19(1) No public officer performing functions relating to registration of companies and business names shall accept for such registration any name which includes the words "Water Institute" together with the word "Kenya" unless the application for the registration is accompanied by the written consent of the Council. Section 19(2)(a) imprisonment for a term not exceeding twelve months; or Section 19(2)(b) a fine not exceeding thirty thousand shillings; or Section 19(2)(c) both such fine and imprisonment:

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