Kenya Agricultural and Livestock Research Act

The Act may be cited as the Kenya Agricultural and Livestock Research Act.

Section 2 provides definitions of terms used in the Act (for example: "Board", "Cabinet Secretary", "Committee", "financial year", "Fund", and "Science Council").

An organisation called the Kenya Agricultural and Livestock Research Organization is established.

Lists the components of the Organization (Board, Secretariat, specified research institutes and public universities, and associate institutes) and allows certain external research institutions that use public resources to apply to join as associate institutes.

The Organisation is required to promote, streamline, coordinate and regulate agricultural research (including crops, livestock, genetic resources, biotechnology and animal diseases), to expedite equitable access to research information and technology, and to perform a range of functions including policy formulation, prioritisation, resourcing advice, regulation and support for research institutes, training, dissemination and coordination.

The Board has the power to enter into contracts.

The Board may establish committees and may co-opt external persons into committee membership when it considers their knowledge and skills necessary.

The Board may, by resolution, delegate any of its powers, functions or duties to committees or to members, officers, employees or agents.

The Board must conduct its affairs in accordance with the First Schedule and may regulate its own procedure.

The Board must competitively recruit the Director-General and two Deputy Director-Generals; the Cabinet Secretary appoints them; the Board sets terms with the Cabinet Secretary's approval for a five-year term renewable once; the Director-General is ex‑officio, cannot vote, and is responsible to the Board.

Director-General holds a postgraduate degree or its equivalent in a relevant area.

Section is a citizen of Kenya

The Director-General is the Organisation's chief executive, reports to and is under the supervision of the Board, performs specified management functions, and must submit an annual programme to the Board for approval not later than three months before each financial year.

Removal of Director-General: inability to perform the functions of the office arising out of physical or mental incapacity;

The Board may appoint officers, agents and staff as necessary and may engage experts (on the advice of the Director-General) on behalf of the Organization.

The Cabinet Secretary must determine the remuneration and allowances for the Organisation's officers, agents and staff in consultation with the Salaries and Remuneration Commission; until that Commission is established the Cabinet Secretary shall determine them in consultation with the Treasury.

The common seal must be kept in the custody of the Director-General or another person the Board directs; the seal's affixing must be authenticated by signatures of the Chairperson and the Director-General, and the Board must nominate a member to authenticate if either is absent.

Members of the Board and officers, employees or agents acting in good faith for the Organisation are not personally liable; the Organisation must pay legal expenses if a court finds the act was done in good faith, unless the person recovers those expenses.

The Organisation remains liable to compensate or pay damages to anyone injured (including injury to person, property or interests) where the injury was caused by exercising powers under this Act or other law, or by failure (wholly or partially) of any works.

The Organization must cooperate with the Science Council and be responsible, in relation to the Council, for agricultural research; the Board must provide the Science Council with annual R&D reports.

Section 6 lists who sits on the Board (designated officials and representatives) and requires that members appointed under subsections 6(a), 6(g) and 6(h) serve on a part‑time basis.

The Cabinet Secretary has the power to determine the terms of appointment.

A person is unable to perform the functions of his office because of mental or physical infirmity.

The Board must carry out the objects and functions of the Organisation.

The Director-General shall be the head of the secretariat; the Board shall determine other secretariat staff; those other persons shall be competitively recruited and appointed by the Board on terms the Board determines; appointed persons must possess knowledge and experience as the Board determines.

The secretariat provides logistical support to the Board and the Board's committees.

Operational units must consist of members of the secretariat and other persons as determined by the Board; they must perform functions determined by the Director-General; the Board may create, reconstitute, merge or dissolve units when it considers necessary.

Establishes a Scientific and Technical Committee and requires the Board to appoint its Chairperson and members from persons who are not Board members; the Board may set terms and conditions with the Cabinet Secretary's approval.

Lists the functions of the Committee, including advising the Organisation, providing expertise to the Board and research institutes, guiding science policy and strategic research directions, commissioning external reviews, undertaking impact assessments, collaborating with partners, providing advice and capacity building, analysing proposals before Board approval, and performing other functions assigned by the Board.

The provisions of the First Schedule apply mutatis mutandis to the conduct of the Committee's business and affairs, and the Committee may regulate its own procedure.

Section 31 establishes the research institutes listed in the Second Schedule; the Cabinet Secretary may (in consultation with the Board and by Gazette notice) establish other research institutes; each research institute may establish centres or units necessary for its functions.

A research institute must carry out a range of functions including advising and developing systems to improve agricultural production, facilitating use of improved production technology and feedback systems, organising research, identifying constraints and technologies, collaborating to disseminate results, maintaining regional and international contacts, conducting annual reviews, promoting participatory research, and performing functions determined by the Board.

Research institutes must be semi-autonomous in operations, program implementation, and resource allocation; the Board may request a research advisory committee or other person/body to manage an institute's property on behalf of the Organization.

The Board must recruit and appoint advisory committee members, appoint them on terms with Cabinet Secretary approval, and may co-opt other persons into the committee; the management of a research institute vests in the advisory committee constituted by the Board.

The research institute advisory committee makes recommendations to the Board on strategic and policy issues related to agricultural research and research program infrastructure.

The Board must competitively recruit and appoint a Director for each research institute; the Director must manage the institute day-to-day subject to the Board's directions.

Directors of research institutes must, with the approval of the Director-General, appoint a programme review committee; that committee must scrutinise the institute's research proposals and recommend on relevance and priority.

Section 38 lists the sources of the Organisation's funds and states that allocation of resources to the two directorates shall be done on a pro‑rata basis depending on the contribution to Kenya's gross domestic product by the crop and livestock sectors; it also makes the Public Finance Management Act applicable to management of financial resources in the sectors.

Section 39. Establishment of the Fund Section 39(1) There is established a fund to be known as the Agricultural Research Fund. Section 39(2)(a) any funds provided by bilateral or multilateral donors, for the purpose of agricultural

The Board has the power to raise or borrow sums of money, following consultation with the Cabinet Secretary and as needed to exercise its powers or perform its functions under the Act.

The Organisation has the power to invest sums standing to its credit in funds, securities or property, subject to this Act and specified approvals.

Requires the Board to provide all books, accounts and supporting vouchers to the Auditor-General; requires the Auditor-General to audit and report on the Organisation's accounts annually and entitles the Auditor-General to require information; and requires the Organisation to meet auditing expenses.

The Organisation must submit annual reports, balance sheet and other statements (including the Auditor-General's report) to the Cabinet Secretary within seven months of the financial year end or a longer period if approved by the Cabinet Secretary; the Cabinet Secretary may require publication; and the Cabinet Secretary must lay the reports and accounts before Parliament within 14 days of receipt or within 14 days of the next sitting if Parliament is not sitting.

The Organisation's financial year must be the twelve‑month period ending on 30 June each year.

The Director-General may, in writing, request any person to provide information or produce documents; refusal without reasonable cause or knowingly making false statements when furnishing information is an offence punishable by a fine not exceeding thirty thousand shillings, or imprisonment for a term not exceeding two years, or both.

The Board must keep information it acquires for Organization purposes confidential and may disclose it only as necessary for performing the Organization's functions.

The right of access to information is limited under Article 24; the Organization (a public entity) is not obliged to provide information that, in its opinion, would compromise research, patent and related rights.

No person who receives information in contravention of subsection (1) shall disclose or publish the information; a person who contravenes subsection (1) or (2) commits an offence and is liable on conviction to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding two years or to both.

The Organization is exempted from certain taxes, duties, fees, levy, cess or other charges, subject to other laws and to specification 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 the Act into effect.