Kenya Institute for Public Policy Research and Analysis Act

This Act may be cited as the Kenya Institute for Public Policy Research and Analysis Act.

Defines terms used in the Act: "Board", "Cabinet Secretary", "Executive Director", "financial year", and "Institute".

Establishes the Kenya Institute for Public Policy Research and Analysis and provides that the new Institute is the successor to the existing Kenya Institute of Public Policy Research and Analysis, with all rights, obligations, assets and liabilities transferred to it.

The headquarters of the Institute shall be in Nairobi or such other place as may be determined by the Board and approved by the Cabinet Secretary.

The Institute is established to develop human and institutional capacities through economic forecasting, policy analysis and research to contribute to Kenya's medium and long-term strategic perspective.

The Institute must develop capacities in public policy research and analysis and assist the Government in policy formulation and implementation.

The Board may, by resolution (generally or in a particular case), delegate to a committee or to officers, staff or agents the exercise of its powers or the performance of its functions or duties under the Act.

Members of the Board are entitled to be paid remuneration, fees, allowances and disbursements for expenses if approved by the Cabinet Secretary on the recommendation of the Board.

Section 12 establishes an Executive Director: recommended by the Board, appointed by the Cabinet Secretary, holds office for not more than five years, eligible for re-appointment, is ex‑officio (no vote), and is chief executive responsible for day-to-day management subject to the Board.

The Executive Director must direct and administer the Institute (in consultation with the Board), carry out specified duties (2(a)–(j)), may sign contracts and must submit an annual programme to the Board not later than three months before each financial year.

The Board may appoint officers, agents and other staff of the Institute as necessary and on terms and conditions it determines.

The Institute's common seal must be kept in custody as directed by the Board; when affixed and authenticated it is officially noticed; authentication requires signatures of the Chairperson and the Executive Director, and the Board must nominate a member to authenticate in the absence of either officer.

Members of the Board, officers, staff, agents of the Institute and persons acting on their directions are not personally liable for acts done bona fide in executing the Institute's functions; expenses of persons sued for such acts must be paid from the Institute's general funds if a court finds the acts were bona fide, unless recovered by the person.

The Institute remains liable to pay compensation or damages to any person for injury to them, their property or their interests caused by exercise of a power under this Act or other written law, or by failure (wholly or partially) of any works.

The President must appoint the Chairperson of the Board; the Section also lists who composes the Board (Principal Secretaries, the Executive Director, representatives of special interest groups, and representatives of business, universities and research institutes).

The Board has the power to enter into contracts.

The conduct and regulation of the Board's business and affairs must follow the Second Schedule; except as provided there, the Board may regulate its own procedure.

Defines the Institute's funds as moneys or assets that accrue to or vest in the Institute through exercising its powers or performing its functions under this Act.

The Institute's financial year is the twelve-month period ending on 30 June each year.

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year; approve them before the year starts and submit sums to the Cabinet Secretary; expenditure may only be incurred in accordance with approved estimates or by Board authorisation given with prior written approval of the Cabinet Secretary and the Principal Secretary for the National Treasury.

The Board must ensure proper books and records of the Institute's income, expenditure, assets and liabilities are kept.

The Board may invest the Institute's funds in specified securities and may place funds on deposit with banks approved by the National Treasury.

The Institute must prepare and submit an annual report within three months after each financial year end, including the audited financial report and any other information the Cabinet Secretary directs; the Cabinet Secretary must lay those reports before the National Assembly as soon as reasonably practicable after the Assembly next sits following receipt.

The Executive Director may in writing request any person to provide information or produce documents relevant to Institute functions; persons must not refuse without reasonable cause or knowingly provide false information.

The Board must keep information it acquires confidential, may disclose it only as necessary for performing its functions, and must design ways to protect the Institute's research findings.

Officers, staff and agents of the Institute must uphold ethics; persons who receive information in breach of subsection (2) must not disclose it; contravening subsection (2) or (3) is an offence punishable by a fine not exceeding thirty thousand shillings or imprisonment for a term not exceeding two years or both.

The Institute is exempt from specified taxes, duties, fees, levy, cess or other charges, subject to other laws, as may be specified by the Cabinet Secretary responsible for finance by notice in the Gazette.

The Cabinet Secretary may make regulations on the recommendation of the Board to carry out this Act.