Kenya Act or statute

Parliament of Kenya

Kenya Institute for Public Policy Research and Analysis Act

Jurisdiction: Kenya
Structure: 28 provisions
Citation: Cap. 112A
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the 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.

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PRELIMINARY - 1. Short title

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

Section 1

ADMINISTRATION OF THE INSTITUTE - 11. Remuneration of members of the Board

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 11

ADMINISTRATION OF THE INSTITUTE - 7. Board of the Institute

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…

Section 7

FINANCIAL PROVISIONS - 21. Accounts and audit

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

Section 21

MISCELLANEOUS - 28. Regulations

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

Section 28

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Source record from new.kenyalaw.org · As at 31 Dec 2022

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Showing 28 of 28 provisions

Provision 22Commencement 3Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Kenya Institute for Public Policy Research and Analysis Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Board of the Institute constituted under section 7 ; "Cabinet Secretary" means the Cabinet Secretary responsible for planning and national development. "Executive Director" means the chief executive officer appointed under section 12 ; "financial year" means the financial year of the Institute as provided for under section 19 ; "Institute" means the Kenya Institute for Public Policy Research and Analysis established under section 3 .

Section 2Verify source

Part II

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE INSTITUTE

§ 3ESTABLISHMENT, POWERS AND FUNCTIONS OF THE INSTITUTE - 3. Establishment of the InstituteCommencement

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.

Section 3. Establishment of the Institute Section 3(1) There is established an Institute to be known as the Kenya Institute for Public Policy Research and Analysis. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing money; and Section 3(2)(d) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. Section 3(3) The Institute shall be the successor to the Institute known as the Kenya Institute of Public Policy Research and Analysis 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 Institute of Public Policy Research and Analysis in any contract or document shall, for all purposes, be deemed to be a reference to the Institute established under subsection (1). Section 3(4) Spent.

Section 3Verify source

§ 4ESTABLISHMENT, POWERS AND FUNCTIONS OF THE INSTITUTE - 4. HeadquartersProvision

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.

Section 4. Headquarters Section 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.

Section 4Verify source

§ 5ESTABLISHMENT, POWERS AND FUNCTIONS OF THE INSTITUTE - 5. Object and purpose of the InstituteProvision

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.

Section 5. Object and purpose of the Institute Section The object and purpose for which the Institute is established is to develop human and institutional capacities which shall, by undertaking economic forecasting, policy analysis and research, contribute to the formulation of medium and long-term strategic perspective for the economic and social development of Kenya in accordance with the provisions of this Act.

Section 5Verify source

§ 6ESTABLISHMENT, POWERS AND FUNCTIONS OF THE INSTITUTE - 6. Functions of the InstituteProvision

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

Section 6. Functions of the Institute Section develop capacities in public policy research and analysis and to assist the Government in the process of policy formulation and implementation;

Section 6Verify source

Part III

ADMINISTRATION OF THE INSTITUTE

§ 10ADMINISTRATION OF THE INSTITUTE - 10. Delegation by the BoardProvision

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.

Section 10. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any officer, member of staff or agent of the Institute, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Section 10Verify source

§ 11ADMINISTRATION OF THE INSTITUTE - 11. Remuneration of members of the BoardProvision

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 11. Remuneration of members of the Board Section The members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary, on the recommendation of the Board.

Section 11Verify source

§ 12ADMINISTRATION OF THE INSTITUTE - 12. The Executive DirectorProvision

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.

Section 12. The Executive Director Section 12(1) There shall be an Executive Director of the Institute who shall be recommended by the Board and appointed by the Cabinet Secretary. Section 12(2) The Executive Director shall hold office for a period of not more than five years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment. Section 12(3) The Executive Director shall be an ex-officio member of the Board but shall have no right to vote at any meeting of the Board. Section 12(4) The Executive Director shall be the chief executive officer of the Institute and shall, subject to the direction of the Board, be responsible for the day to day management of the Institute. Section 12(5)(a) a doctorate degree in social sciences; Section 12(5)(b) quantitative economic analysis and public policy research; and Section 12(5)(b)(i) quantitative economic analysis and public policy research; and Section 12(5)(b)(ii) policy formulation and procedures of the Government; Section 12(5)(c) proven leadership ability in policy oriented research and analysis; and Section 12(5)(d) management experience in the areas of both personnel and budget control.

Section 12Verify source

§ 13ADMINISTRATION OF THE INSTITUTE - 13. Functions of the Executive DirectorCommencement

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.

Section 13. Functions of the Executive Director Section 13(1) The Executive Director shall, in consultation with the Board, be responsible for the direction of the affairs and transactions of the Institute, the exercise, discharge and performance of its objectives, functions and duties, and the general administration of the Institute. Section 13(2)(a) be the Secretary of the Board; Section 13(2)(b) plan and co-ordinate the overall research programme of the Institute; Section 13(2)(c) identify emerging issues for public policy research and analysis and design appropriate work plans for carrying out such research and analysis; Section 13(2)(d) establish guidelines and schedules for regular updating of economic models based on available data and research methodology; Section 13(2)(e) establish procedures for effective communication and co-ordination with agencies of the Government, the Universities, other research bodies, donor agencies and the general public; Section 13(2)(f) authorise the submission of tenders for the award of contracts and sign any contracts on behalf of the Institute; Section 13(2)(g) prepare annual reports on the activities of the Institute; Section 13(2)(h) ensure the maintenance of efficiency and discipline by all staff of the Institute; Section 13(2)(i) manage the budget of the Institute to ensure that its funds are properly expended and accounted for; and Section 13(2)(j) perform such other duties as the Board may, from time to time, assign. Section 13(3) The Executive Director shall submit to the Board for approval, not later than three months before the commencement of each financial year, a programme of activities of the Institute in respect of that financial year.

Section 13Verify source

§ 14ADMINISTRATION OF THE INSTITUTE - 14. Staff, agents of the InstituteProvision

Section 14. Staff, agents of the Institute Section The Board may appoint such officers, agents and other staff of the Institute as are necessary for the proper and efficient discharge of the functions of the Institute under this Act, upon such terms and conditions of service as the Board may determine.

Section 14Verify source

§ 15ADMINISTRATION OF THE INSTITUTE - 15. The common seal of the InstituteProvision

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.

Section 15. The common seal of the Institute Section 15(1) The common seal of the Institute shall be kept in the custody of the Executive Director or of such other person as the Board may direct, and shall not be used except upon the order of the Board. Section 15(2) The common seal of the Institute, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given. Section 15(3) The common seal of the Institute shall be authenticated by the signature of the Chairperson of the Board and the Executive Director: Provided that the Board shall, in the absence of either the Chairperson or the Executive Director, in any particular matter, nominate one member of the Board to authenticate the seal of the Institute on behalf of either the Chairperson or the Executive Director.

Section 15Verify source

§ 16ADMINISTRATION OF THE INSTITUTE - 16. Protection from personal liabilityProvision

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.

Section 16. Protection from personal liability Section 16(1) No matter or thing done by a member of the Board or by any officer, member of staff, or agent of the Institute shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Institute under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 16(2) Any expenses incurred by any person in any suit or prosecution brought against him in any court, in respect of any act which is done or purported to be done by him under the direction of the Institute, shall, if the court holds that such act was done bona fide, be paid out of the general funds of the Institute, unless such expenses are recovered by him in such suit or prosecution.

Section 16Verify source

§ 17ADMINISTRATION OF THE INSTITUTE - 17. Liability for damagesProvision

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.

Section 17. Liability for damages Section The provisions of section 16 shall not relieve the Institute of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works.

Section 17Verify source

§ 7ADMINISTRATION OF THE INSTITUTE - 7. Board of the InstituteProvision

Section 7. Board of the Institute Section 7(1)(a) the Principal Secretary in the Ministry of Finance or his representative; Section 7(1)(b) the Principal Secretary in the Ministry for the time being responsible for planning and national development or his representative; Section 7(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to trade and industry or his representative; Section 7(1)(d) the Executive Director of the Institute; and Section 7(1)(e) two shall represent special interest groups; and Section 7(1)(e)(i) two shall represent special interest groups; and Section 7(1)(e)(ii) seven shall represent the business sector and the Universities and Research Institutes in Kenya, Section 7(2) The President shall appoint the Chairperson of the Board.

Section 7Verify source

§ 8ADMINISTRATION OF THE INSTITUTE - 8. Powers of the BoardProvision

The Board has the power to enter into contracts.

Section 8. Powers of the Board Section enter into contracts;

Section 8Verify source

§ 9ADMINISTRATION OF THE INSTITUTE - 9. Conduct of business and affairs of the BoardProvision

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.

Section 9. Conduct of business and affairs of the Board Section 9(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Second Schedule. Section 9(2) Except as provided in the Second Schedule, the Board may regulate its own procedure.

Section 9Verify source

Part IV

FINANCIAL PROVISIONS

§ 18FINANCIAL PROVISIONS - 18. Funds of the InstituteProvision

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.

Section 18. Funds of the Institute Section such moneys or assets as may accrue to or vest in the Institute in the course of the exercise of its powers or the performance of its functions under this Act;

Section 18Verify source

§ 19FINANCIAL PROVISIONS - 19. Financial yearProvision

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

Section 19. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 19Verify source

§ 20FINANCIAL PROVISIONS - 20. Annual estimatesCommencement

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.

Section 20. Annual estimates Section 20(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Institute for that financial year. Section 20(2)(a) the payment of the salaries, allowances and other charges in respect of the officers, members of staff, or agents of the Institute; Section 20(2)(b) the payment of the pensions, gratuities and other charges in respect of retirement benefits payable to the members of staff of the Institute; Section 20(2)(c) the proper maintenance of the buildings and grounds of the Institute; Section 20(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Institute; and Section 20(2)(e) 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 Board may deem fit. Section 20(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 20(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 authorisation of the Board given with prior written approval of the Cabinet Secretary, and the Principal Secretary for the National Treasury.

Section 20Verify source

§ 21FINANCIAL PROVISIONS - 21. Accounts and auditProvision

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

Section 21. Accounts and audit Section 21(1) The Board shall cause to be kept proper books and other records of accounts of the income, expenditure, assets and liabilities of the Institute. Section 21(2)(a) a statement of income and expenditure during that financial year; and Section 21(2)(b) a statement of the assets and liabilities of the Institute on the last day of that financial year. Section 21(3) The accounts of the Institute shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 21Verify source

§ 22FINANCIAL PROVISIONS - 22. Investment of fundsProvision

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

Section 22. Investment of funds Section 22(1) The Board may invest any of the funds of the Institute in securities in which the Board may by law invest trust funds, or in any other securities which the National Treasury may, from time to time, approve. Section 22(2) The Board may place on deposit, with such bank or banks as the National Treasury may approve from time to time, any moneys not immediately required for the purposes of the Institute.

Section 22Verify source

Part V

MISCELLANEOUS

§ 23MISCELLANEOUS - 23. Annual reportProvision

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.

Section 23. Annual report Section 23(1) The Institute shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary, a report on the operations of the Institute for the immediately preceding financial year. Section 23(2)(a) the audited financial report of the Institute; and Section 23(2)(b) such other information as the Cabinet Secretary may direct. Section 23(3)(a) the performance of the economy of Kenya during the preceding financial year; and Section 23(3)(b) the economic prospects of Kenya for the next three financial years. Section 23(4) The Cabinet Secretary shall lay the reports specified in subsections (1) and (3) before the National Assembly as soon as is reasonably practicable after the National Assembly next sits after the Cabinet Secretary has received the report.

Section 23Verify source

§ 24MISCELLANEOUS - 24. Request for informationProvision

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.

Section 24. Request for information Section 24(1) The Executive Director may, in writing, request any person to furnish the Institute with such information or to produce such documents or records as he deems necessary and relevant for the performance of the functions of the Institute. Section 24(2)(a) refuses or fails, without reasonable cause, to comply with a request under subsection (1) to furnish any information or to produce any documents or records; or Section 24(2)(b) in furnishing such information, makes a statement which he knows to be false,

Section 24Verify source

§ 25MISCELLANEOUS - 25. Board to keep information confidentialProvision

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.

Section 25. Board to keep information confidential Section 25(1) The Board shall keep information acquired by it confidential and shall disclose such information only to the extent it considers necessary for the proper performance of its functions. Section 25(2) The Board shall design ways and means of protecting the research findings of the Institute.

Section 25Verify source

§ 26MISCELLANEOUS - 26. Offences-improper disclosure of informationOffence

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.

Section 26. Offences-improper disclosure of information Section 26(1) All officers, members of staff and agents of the Institute shall uphold and observe ethics. Section 26(2)(a) in the course of his duties under this Act; or Section 26(2)(b) with the written consent of the Board. Section 26(3) No person who receives information in contravention of subsection (2) shall disclose or publish the information. Section 26(4) A person who contravenes subsection (2) or (3) commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Section 26Verify source

§ 27MISCELLANEOUS - 27. ExemptionsProvision

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.

Section 27. Exemptions Section Subject to other applicable laws, the Institute shall be exempted from such taxes, duties, fees, levy, cess or other charges as the Cabinet Secretary for the time being responsible for finance may by, notice in the Gazette , specify.

Section 27Verify source

§ 28MISCELLANEOUS - 28. RegulationsProvision

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

Section 28. Regulations Section The Cabinet Secretary may, on the recommendation of the Board, make regulations generally for the better carrying out of the provisions of this Act.

Section 28Verify source

Legislative relationships

8 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Board to carry out this Act
Section 28
Board under this Act
Section 10

G–M

5 instruments

Institute as are necessary for the proper and efficient discharge of the functions of the Institute under this Act
Section 14
Institute shall be audited and reported upon in accordance with the provisions of the Public Audit Act
Section 21
Institute shall uphold and observe ethics. Section 26(2)(a) in the course of his duties under this Act
Section 26
Institute under this Act
Section 16
Kenya in accordance with the provisions of this Act
Section 5

N–S

1 instrument

Public Policy Research and Analysis existing immediately before the commencement of this Act
Section 3

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31 Dec 2022 · currentEnglish

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