Statistics Act

This Act may be cited as the Statistics Act.

Section 2 provides definitions of terms used in the Act (for example: "agency", "authorised officer", "Board", "Bureau", "Cabinet Secretary", "census", "Chairman", "co-ordination", "Director-General", "Minister" (deleted), "national statistical system", "official statistics", "Population and Housing Census", "professional independence", "sampling frame", "statistical information", and "statistics").

The Director-General may, in writing, appoint any person as an authorized officer to carry out the Act.

Persons employed by the Board must take the oath of secrecy in the Third Schedule before a Magistrate, Commissioner for Oaths, or the Director-General, and before commencing duties.

The Cabinet Secretary may, with the consent of the Treasury, make available such sums out of monies provided by Parliament for the purposes of this Act.

The Board must, at least four months before any financial year starts, prepare and submit estimates of the Bureau’s revenue and expenditure to the Cabinet Secretary for approval in concurrence with the National Treasury.

The Board must bring the report’s contents to the attention of the national statistical system; the Cabinet Secretary must place the annual report before the National Assembly within fourteen days after the Assembly next meets following receipt.

The Board must keep or cause to be kept proper books of account of the Bureau.

Establishes the Kenya National Bureau of Statistics.

The Bureau may request legal advice or representation from the Office of the Attorney-General.

The Bureau must have professional independence and must observe the fundamental principles relating to statistics set out in the Fourth Schedule.

The Bureau must have its headquarters in Nairobi and may establish other offices in the country to discharge its functions.

The Bureau shall be the Government's principal agency for collecting, analysing and disseminating statistical data in Kenya and the custodian of official statistical information; it shall perform functions including planning and supervising official statistical programmes, establishing standards, collecting and disseminating statistics (including on matters in the First Schedule), conducting the Population and Housing Census every ten years, maintaining a national socio‑economic database, developing sampling frames, collaborating with county governments and others, providing technical advice, promoting coordination via sector committees, and designating official statistics when criteria are met.

Lists composition of the Board (Chairman appointed by the President; Principal Secretaries for Statistics and Finance; private sector and specified non-state members) and states that appointments shall be by name and by notice in the Gazette for a renewable period of three years.

The Board is responsible for formulating and monitoring Bureau policies; determining structure and staffing; recruiting staff on terms it sets; promoting professionalism and discipline; approving corporate plans, work programmes and budgets; submitting quarterly reports to the Cabinet Secretary; and may collaborate with other bodies.

The provisions of the Second Schedule shall apply with respect to conduct of the business and affairs of the Board.

The Director-General is appointed by the Board and is responsible for leading and managing the Bureau, including day-to-day management, funds and property, staff, annual work programmes, budget and audited accounts; the Director-General is chief executive and secretary to the Board and committees.

The Board must appoint a Corporation Secretary and the Corporation Secretary must perform several specified functions and hold listed qualifications.

The Board may appoint officers and staff as necessary for the Bureau and set their terms and conditions of service.

The Bureau must collect any statistical information, estimates or returns about matters listed in the First Schedule to this Act.

Gives power to order a census and to set the date or dates on or between which the census is to be taken.

Agencies (other than the Bureau) must get the Board's approval before conducting a national or local census or survey; they must submit plans three months beforehand, and after completing an approved survey must submit copies of the report to the Board. The Board may approve or decline the plans.

Authorised officers may require persons to provide prescribed particulars during a census or statistical collection; persons so required must, to the best of their knowledge, complete forms and return information in the manner and within the time specified by the officer.

Director-General may access records or documents held by persons or households for the purposes of obtaining, completing or correcting information; such custodians must grant access.

Grants power to enter and inspect non-dwelling workplaces and to make inquiries for collecting statistical information and taking a census; it also states this provision limits the right to privacy under Article 31 of the Constitution.

Disclosure of individual returns, answers to questions taken for the Act, and reports or documents that identify particulars with any person or undertaking is restricted.

The Director-General may provide and disseminate statistical information (with Board approval for public dissemination), may cancel or revise official statistics with Board approval (special Cabinet approval required if population size is affected), and the Cabinet Secretary must publish cancelled or revised official data in the Gazette within fourteen days of approval under subsection (3).

Anyone who hinders or obstructs the Director-General or an authorized officer, or wilfully fails to give required information, commits an offence punishable by a fine up to 500,000 shillings, imprisonment (up to specified terms), or both.

Lists categories of information that may be furnished under the Act (quantity and value of goods; employees’ economic and social characteristics; investment amount and extent; other furnished information) and states that nothing in the section requires disclosure of information obtained under the Act to a Ministry, department or authority for taxation purposes.

He must not make a statement he knows is false or has no reason to believe true in any returns or estimates provided in response to a reasonable request for information for the purposes of this Act.

Members of the Board and other officers, employees or agents of the Bureau are not personally liable for actions done bona fide in executing the Bureau's functions, but the Bureau remains liable to pay compensation or damages for injuries or property damage caused by its exercise of powers or failures of works.

Instruments executed by or on behalf of or in favour of the Bureau are exempt from stamp duty.

Regulations prescribe the particulars to be furnished for matters where statistical information may be collected under the Act.

If there is a conflict between this Act and any other Act about official statistics collection, analysis or dissemination, the provisions of this Act prevail.

Property that immediately before this Act was held by the Government for the Central Bureau of Statistics vests in the Bureau.