Kenya Act or statute

Parliament of Kenya

Constituencies Development Fund Act

Jurisdiction: Kenya
Structure: 51 provisions
Citation: Cap. 414
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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“This Act may be cited as the Constituencies Development Fund Act.”

This Act may be cited as the Constituencies Development Fund Act. Section 2 provides definitions of terms used in the Act. The Act requires that a specific portion of the national annual budget be devoted to constituencies for infrastructural development, wealth creation and fighting poverty at the constituency level. The Cabinet Secretary, with the concurrence of the relevant Parliamentary Committee, must allocate funds to each constituency each financial year in accordance with section 20. Receipts, savings, accruals and the Fund balance at each financial year-end must be returned to the Fund and applied per section 10(5); funds allocated to a constituency are cumulative and carried forward to the next financial year, including amounts returned under section 10(3) or unutilized funds.

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PRELIMINARY - 1. Short title

This Act may be cited as the Constituencies Development Fund Act.

Section 1

SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 14. Submission deadline

Lists of proposed constituency projects must be submitted to the Board before the end of February each year, or in another month if the Cabinet Secretary determines one; if the chairman of the Constituency Development Fund Committee fai…

Section 14

TYPES OF PROJECTS - 26. Personal awards to be excluded

Projects that involve personal awards in cash or in kind are excluded from the list of projects submitted under section 13; however, education bursary schemes, mocks and continuous assessment tests are considered development projects but must not be allocated…

Section 26

IMPLEMENTATION OF PROJECTS - 32. Procurement of services and Works

All works and services for projects under this Act must be procured in accordance with the Public Procurement and Asset Disposal Act (Cap. 412C).

Section 32

FINANCE AND ADMINISTRATION - 44. Record of disbursements to be kept

The Board must keep and update a monthly record of constituency project disbursements; the Chairperson must submit an annual report; and the Board must submit separate constituency and Board accounts to the Auditor‐General at the end of each financial year.

Section 44

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Showing 51 of 51 provisions

Provision 42Repeal 2Commencement 2Amendment 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Constituencies Development Fund Act.

Section 1. Short title Section This Act may be cited as the Constituencies Development Fund Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 provides definitions of terms used in the Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires,— "Board" means the Constituencies Development Fund Board established by section 4 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to the Constituencies Development Fund; "Chairperson" means the Chairperson of the Board appointed under section 5 (4); "Chief Executive Officer" means the Chief Executive Officer of the Board appointed under section 8 ; "community" means residents of a particular geographical area or region defined as a constituency, location, sub location or village and having common interests; "constituency" has the meaning assigned to it in the Elections Act (Cap. 7); "Constituency Development Fund Committee" means the committee established under section 24 ; "Constituency Fund Account" means the account maintained for every constituency in accordance with section 46 ; "County Projects Committee" means the committee established under section 36 ; "Fund" means the Constituencies Development Fund established under section 4 ; "National Account" means the Constituencies Development Fund account maintained under section 43 ; "Officer of the Board" means an officer of the Board appointed under section 41 ; "Parliamentary Committee" means a Parliamentary Committee established in accordance with section 28 ; "project" means an eligible development project as described in the Act; "project management committee" means a committee or board of persons elected or nominated to implement a project or manage an institution, including a committee existing prior to the establishment of the Fund and which is assuming the responsibility of implementing a project funded under the Act; "sub-project" means a complete unit or part of a project that can be put to use towards the achievement of the project objectives; "youth" means a person who has attained the age of eighteen years but has not attained the age of thirty-five years.

Section 2Verify source

§ 3PRELIMINARY - 3. Object and purpose of ActProvision

The Act requires that a specific portion of the national annual budget be devoted to constituencies for infrastructural development, wealth creation and fighting poverty at the constituency level.

Section 3. Object and purpose of Act Section The provisions of this Act shall apply, as more specifically provided for in the Act, and shall ensure that a specific portion of the national annual budget is devoted to the constituencies for purposes of infrastructural development, wealth creation and in the fight against poverty at the constituency level.

Section 3Verify source

Part II

ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND

§ 10ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 10. Allocation of fundsProvision

The Cabinet Secretary, with the concurrence of the relevant Parliamentary Committee, must allocate funds to each constituency each financial year in accordance with section 20.

Section 10. Allocation of funds Section 10(1) The Cabinet Secretary, with the concurrence of the relevant Parliamentary Committee, shall for each financial year allocate funds to each constituency in accordance with section 20 . Section 10(2) Once funds are allocated for a particular project, they shall remain allocated for that project and may only be re-allocated for any other purpose during the financial year with the approval of the Board. Section 10(3) If for any reason a particular project is cancelled or discontinued during the financial year, funds allocated for such a project shall be returned to the Fund and credited to the account of the constituency from which the funds were withdrawn. Section 10(4) Unspent funds shall be allocated to any eligible project and such project may be new or ongoing at the end of the financial year. Section 10(5) For the avoidance of doubt, a return as set out in the Third Schedule shall be made for the current financial year and every previous financial year on which some funds remain unspent.

Section 10Verify source

§ 11ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 11. Funds to be retained in the FundProvision

Receipts, savings, accruals and the Fund balance at each financial year-end must be returned to the Fund and applied per section 10(5); funds allocated to a constituency are cumulative and carried forward to the next financial year, including amounts returned under section 10(3) or unutilized funds.

Section 11. Funds to be retained in the Fund Section 11(1) All receipts, savings and accruals to the Fund and the balance of the Fund at the end of each financial year shall be returned to the Fund and applied in accordance with section 10 (5) of this Act. Section 11(2) All funds allocated to a constituency shall be cumulative and shall be carried forward from one financial year to the next, including funds returned into the accounts in accordance with section 10 (3) or funds which are not utilized for whatever reasons.

Section 11Verify source

§ 12ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 12. Emergency reserveProvision

The Constituency Development Fund Committee must determine allocation of the emergency reserve; the Project Management Committee must set aside five per centum of each project's allocation for administration; "Emergency" is defined as an urgent, unforeseen expenditure need that cannot be delayed without harming public interest.

Section 12. Emergency reserve Section 12(1) A portion of the Fund, equivalent to five per centum (hereinafter referred to as the "Emergency Reserve") shall remain unallocated and shall be available for emergencies that may occur within the Constituency. Section 12(2) The Constituency Development Fund Committee shall determine the allocation of the emergency reserve in accordance with the Act. Section 12(3) "Emergency" shall be construed to mean an urgent, unforeseen need for expenditure for which it is in the opinion of the committee that it cannot be delayed until the next financial year without harming the public interest of the constituents. Section 12(4) For each project, the Project Management Committee shall set aside a sum of five per centum of the total allocation for the project to cater for the administration expenses of the project. Section 12(5) The sum set aside under subsection (4) shall be properly accounted for and proper books of accounts kept and returns made to the Constituencies Development Fund Committee for that constituency on how the sum has been used.

Section 12Verify source

§ 4ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 4. Establishment of the FundRepeal

Establishes the Constituencies Development Fund, requires it include at least 2.5% of national government ordinary revenue each financial year, allows other moneys received by the Board to form part of the Fund, requires disbursement by the national government through the Board to constituencies as grants, and requires administration by the Board.

Section 4. Establishment of the Fund Section 4(1)(a) be a national fund consisting of moneys of an amount of not less than 2.5% (two and half per centum) of all the national government ordinary revenue collected in every financial year; Section 4(1)(b) comprise of any moneys accruing to or received by the Board from any other source; Section 4(1)(c) disbursed by the national government through the Board to constituencies as a grant to be channelled to constituencies in the manner provided for by this Act; Section 4(1)(d) be administered by the Board. Section 4(2) All monies allocated under this Act shall be considered as funds allocated to constituencies pursuant to Article 206(2)(c) of the Constitution to be administered according to section 5 . Section 4(3) The Fund established under this section shall be he successor to the Constituencies Development Fund established by section 4 of the Constituencies Development Fund Act (Repealed). [Act No. 36 of 2013 , s. 2.]

Section 4Verify source

§ 5ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 5. Establishment of the BoardProvision

Creates the Constituencies Development Fund Board, lists its membership, gives the Board corporate powers, requires the Cabinet Secretary to appoint the Chairperson, and requires the Board to appoint a corporation secretary.

Section 5. Establishment of the Board Section 5(1) There is established a Board to be known as the Constituencies Development Fund Board. Section 5(2)(a) the principal secretary in the State Department relating to economic planning or a designated alternate, not being below the level of Director of Planning; Section 5(2)(b) the principal secretary in the State Department for the time being responsible for matters relating to finance or a designated alternate not being below the level of Deputy Director of Budget; Section 5(2)(c) the Attorney-General or his designated alternate not below the level of Senior State Counsel; Section 5(2)(d) four persons, qualified in matters relating to finance, accounting, engineering, economics, community development, or law, appointed by the Cabinet Secretary in accordance with subsection (5) taking into account regional, ethnic and gender balance as per the Constitution of Kenya; Section 5(2)(e) two persons qualified in accordance with paragraph (d) appointed by the Cabinet Secretary to remedy any regional imbalance that may have occurred during nomination under subsection (5); Section 5(2)(f) the Chief Executive Officer who shall be an ex officio member; Section 5(2)(g) the corporation secretary who shall be appointed by the Board and shall be the secretary to the Board. Section 5(3)(a) suing and being sued; Section 5(3)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 5(3)(c) borrowing money or making investments; and Section 5(3)(d) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate. Section 5(4) The Cabinet Secretary shall appoint the Chairperson of the Board from amongst the four persons appointed in accordance with paragraph (d) of subsection (2). Section 5(5) The names and curriculum vitae of the persons nominated to be appointed as members of the Board pursuant to paragraph (d) of subsection (2) shall be submitted to Parliament for approval before appointments are made.

Section 5Verify source

§ 6ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 6. Functions of the BoardProvision

The Board must perform a set of functions to manage and disburse the Constituencies Development Fund, including disbursing funds, managing the Fund, receiving reports, compiling records, handling complaints, approving and funding projects, and other duties.

Section 6. Functions of the Board Section 6(1)(a) to ensure timely and efficient disbursement of funds to every constituency; Section 6(1)(b) to ensure efficient management of the Fund; Section 6(1)(c) to receive and discuss annual reports and returns from the constituencies; Section 6(1)(d) ensure the compilation of proper records, returns and reports from the constituencies; Section 6(1)(e) receive and address complaints and disputes and take any appropriate action; Section 6(1)(f) consider project proposals submitted from various constituencies in accordance with the Act, approve for funding those projects proposals that are consistent with this Act and send funds to the respective constituency fund account of the approved projects; Section 6(1)(g) perform such other duties as the Board may deem necessary from time to time for the proper management of the Fund. Section 6(2) Where any issues of policy arise in the course of the performance of its functions under this Act, the Board shall refer the same to the Cabinet Secretary.

Section 6Verify source

§ 7ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 7. Conduct of business and affairs of the BoardProvision

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

Section 7. Conduct of business and affairs of the Board Section 7(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Fourth Schedule. Section 7(2) Except as provided in the Fourth Schedule, the Board may regulate its own procedure.

Section 7Verify source

§ 8ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 8. Chief Executive Officer of the BoardProvision

The Board must recruit a Chief Executive Officer competitively and recommend appointment to the Cabinet Secretary with Parliamentary Committee approval; the CEO must meet specified qualifications and manage day-to-day Board affairs and staff, serving a renewable five-year term.

Section 8. Chief Executive Officer of the Board Section 8(1) There shall be a Chief Executive Officer of the Board who shall be recruited by the Board on a competitive basis and recommendations made to the Cabinet Secretary for appointment, with the approval of the Parliamentary Committee. Section 8(2)(a) has a university degree in finance, accounting, engineering, economics, community development, law or a related field from a recognized university; Section 8(2)(b) has at least five years’ working experience in the relevant field. Section 8(3) The Chief Executive Officer shall subject to the directions of the Board, be responsible for the day to day management of the affairs and staff of the Board. Section 8(4) The chief executive officer shall serve for a renewable term of five years.

Section 8Verify source

§ 9ESTABLISHMENT OF THE CONSTITUENCIES DEVELOPMENT FUND - 9. Disbursement from the FundProvision

The Board must approve and minute every disbursement from the Fund; the Board must set out conditions for release of funds; the Board may impose requirements or restrictions on constituencies.

Section 9. Disbursement from the Fund Section 9(1) Each and every disbursement from the Fund shall be approved and minuted by the Board. Section 9(2) All disbursements from the Fund shall be for specific projects as submitted by the constituencies in accordance with the procedures outlines in this Act. Section 9(3) All disbursements shall be made through the constituency bank accounts maintained for every constituency in accordance with section 42 of the Act. Section 9(4) Notwithstanding the provisions of subsection (3), payments for a joint project as outlined in section 23 (4) or a joint procurement, may be made directly to a supplier or to an account established for the purpose with due approval of the Board. Section 9(5) The record of the amounts received by each constituency and the record of expenditure of amounts so received shall be submitted to the Board within thirty days after the close of the relevant financial year together with a copy of the relevant bank statements and no disbursements for the succeeding financial year shall be made into the accounts until the said records are duly received. Section 9(6) The Board shall set out general conditions and requirements for release of funds, to ensure efficient and effective management of resources. Section 9(7) The Board may impose reasonable requirements, including restrictions, on a particular constituency and such restrictions or requirements shall be reported together with the monthly returns to be submitted to the Cabinet Secretary in accordance with this Act.

Section 9Verify source

Part III

SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS

§ 13SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 13. Submission of projectsProvision

The chairman of the Constituency Development Fund Committee must submit the approved list of proposed constituency projects to the Board; the Board must compile and submit that list to the Parliamentary Committee for approval.

Section 13. Submission of projects Section 13(1) The list of proposed constituency based projects to be covered under this Act shall be submitted by the chairman of the Constituency Development Fund Committee to the Board after approval by the Constituency Development Fund Committee for that constituency. Section 13(2) The Board shall receive and compile the list of proposed constituency projects submitted to it under this Act and submit it to the Parliamentary Committee for approval.

Section 13Verify source

§ 14SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 14. Submission deadlineProvision

Section 14. Submission deadline Section 14(1) The list of the proposed constituency projects shall be submitted to the Board before the end of the month of February in each year or such other month as may be determined by the Cabinet Secretary in order to ensure timely inclusion of the projects in the annual Government budget of a particular financial year. Section 14(2) Where the chairman of the Constituency Development Fund Committee fails to submit the list of constituency based projects to the Board within the stipulated time in subsection (1), the list shall be deemed to have been submitted to the Board upon the lapse of the stipulated time.

Section 14Verify source

§ 15SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 15. Submission FormProvision

Project lists must be submitted on the Constituency Projects Submission Form set out in the First Schedule and accompanied by CDF Committee minutes; all proposed projects for each constituency must be listed with cost estimates, amounts allocated and amounts disbursed.

Section 15. Submission Form Section 15(1) The list of projects shall be submitted on a Constituency Projects Submission Form set out in the First Schedule to this Act accompanied by minutes of the Constituency Development Fund Committee approving the projects. Section 15(2) All projects proposed for every constituency shall be listed in the Form together with the cost estimates, amounts allocated and amounts disbursed to such projects.

Section 15Verify source

§ 16SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 16. Projects description FormProvision

For every project listed in the Form, a Project Description Form set out in the Second Schedule must be attached.

Section 16. Projects description Form Section For every project listed in the Form, there shall be attached a Project Description Form set out in the Second Schedule.

Section 16Verify source

§ 17SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 17. Approval of projectsProvision

The Board must scrutinize and approve for funding project proposals that are consistent with the Act; if it does not approve a proposal it must refer the matter to the Constituencies Development Fund Committee and give reasons.

Section 17. Approval of projects Section 17(1) The list of projects received by the Board pursuant to section 13 shall be tabled for review at a meeting of the Board. Section 17(2) The Board shall scrutinize and approve for funding those project proposals that are consistent with the Act. Section 17(3) Where the Board does not approve a proposal submitted to it under this section, it shall refer the matter to the Constituencies Development Fund Committee giving reasons as to why it has declined the proposal.

Section 17Verify source

§ 18SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 18. Discretion of Constituency Development Fund CommitteeProvision

The Constituency Development Fund Committee is responsible for allocating funds to projects in each constituency and may exercise that responsibility at its own discretion within this Act.

Section 18. Discretion of Constituency Development Fund Committee Section The allocation of funds to various projects in each constituency is the responsibility of the Constituency Development Fund Committee to be exercised at its own discretion within the provisions of this Act.

Section 18Verify source

§ 19SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 19. List to be serializedProvision

Projects listed for each constituency must be numbered by the Board, and serial numbers must bear the constituency's number so a project keeps the same serial number every year until completion.

Section 19. List to be serialized Section The projects listed for each constituency shall be numbered by the Board and the serial numbers of all projects in a constituency shall bear the number of the constituency as delineated by the Independent Electoral and Boundaries Commission in order to ensure that a project retains the same serial number every year until its completion.

Section 19Verify source

§ 20SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 20. Basis for budget ceilingCommencement

Sets how constituency budget ceilings are calculated (three quarters of the amount in section 4(1) divided equally; one quarter adjusted by poverty indices) and requires the Cabinet Secretary to determine and submit ceilings to Parliament in consultation with the Committee; the Committee Chair must table a schedule; provision commenced with 2013/2014 allocations.

Section 20. Basis for budget ceiling Section 20(1)(a) three quarters of the amount specified in section 4 (1) divided equally among all constituencies; and Section 20(1)(b) an amount equal to a quarter of the amount specified in section 4 (1) divided by the national poverty index multiplied by the constituency poverty index. Section 20(2) Further to subsection (1), the budget ceiling for each constituency shall be determined by the Cabinet Secretary in consultation with the Committee and shall be submitted to Parliament for approval. Section 20(3) The Chair of a Committee of the National Assembly shall table in Parliament a schedule showing the ceiling for each constituency, which shall be determined in accordance with subsection (1). Section 20(4) This section shall be deemed to have come into operation beginning with the allocation for the 2013/2014 financial year. [Act No. 36 of 2013 , s. 3.]

Section 20Verify source

§ 21SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 21. Criteria for ProjectsAmendment

The Constituency Development Fund Committee must ensure project lists comply with the Act and that total project costs do not exceed (or fall below) the allowable constituency ceiling.

Section 21. Criteria for Projects Section 21(1) The types of projects submitted for funding under this Act shall comply with the provisions of this Act. Section 21(2) It shall be the responsibility of the Constituency Development Fund Committee to ensure that the list of projects submitted for funding comply with the provisions of the Act and their total cost does not exceed the allowable ceiling for the particular constituency or is not below that ceiling. Section 21(3) If the list of projects submitted for funding is in contravention of subsection (2) the same shall be referred back to the Constituency Development Fund Committee for amendment and re-submission. Section 21(4) Whenever the amount for projects in a constituency is less than the allowable ceiling for reasons of projects being deleted in accordance with subsection (3), or for whatever reason, the shortfall shall be indicated as unallocated amount against that particular constituency on the list to be forwarded to the Cabinet Secretary.

Section 21Verify source

Part IV

TYPES OF PROJECTS

§ 22TYPES OF PROJECTS - 22. Projects to be community basedProvision

Projects under this Act must be community based; funding may cover complete projects or defined phases and may include land/building acquisition; funds must not support political or religious activities except limited emergency identification by the Committee; specified percentage caps apply to administration (6%), sports (2%), monitoring and evaluation (3%), and environmental activities (2%).

Section 22. Projects to be community based Section 22(1) Projects under this Act shall be community based in order to ensure that the prospective benefits are available to a widespread cross-section of the inhabitants of a particular area. Section 22(2) Any funding under this Act shall be for a complete project or a defined phase, of a project and may include the acquisition of land and buildings. Section 22(3) All projects shall be projects as defined under this Act and may include costs related to studies, planning and design or other technical input for the project but shall not include recurrent costs of a facility. Section 22(4) Funds provided under this Act shall not be used for the purpose of supporting political bodies or political activities or for supporting religious bodies or religious activities. Section 22(5) Notwithstanding the provisions of subsection (4), the Constituency Development Fund Committee may identify a religious body or organization as an appropriate specialized agency for purposes of section 12 with regard to emergency support. Section 22(6) A Constituency Development Fund Committee office project shall be considered as a development project for purposes of the Act and may include appropriate furniture and equipment for the office. Section 22(7) Notwithstanding the provisions of subsection (3), up to a maximum of six per centum of the total annual allocation for the constituency may be used for administration, recurrent expenses of vehicles, equipment and machinery and such use shall be listed in the First Schedule as a project. Section 22(8) Projects may include the acquisition of vehicles, machinery and other equipment for the constituency. Section 22(9) Sports activities shall be considered as development projects for purposes of this Act but shall exclude cash awards provided that the allocation to such activities does not exceed two per centum of the total allocation of the constituency in that financial year. Section 22(10) Monitoring and evaluation of ongoing projects and capacity building of various operatives may be considered as a development project provided that not more than three per centum shall be allocated for this purpose. Section 22(11) Environmental activities may be considered as development projects for purposes of this Act provided that the allocation to such activities does not exceed two per centum of the total allocation of the constituency in that financial year. Section 22(12) Each of the projects shall be listed on the First Schedule including the emergency item under section 11 and, where applicable, the activities under subsections (6), (7), (8), (9), (10) and (11) of this section.

Section 22Verify source

§ 23TYPES OF PROJECTS - 23. Number of projectsProvision

Each constituency must include between five and twenty-five projects in the Constituency Projects Submission Form in every financial year.

Section 23. Number of projects Section 23(1) The number of projects to be included in the Constituency Projects Submission Form specified in the First Schedule shall be a minimum of five and a maximum of twenty-five for every constituency in each financial year. Section 23(2) Constituencies with unspent funds at the end of the financial year shall submit new proposals to the Board for approval in accordance with section 10 (5) of this Act. Section 23(3) Project activities of a similar nature in a particular constituency may be combined and considered as one project for purposes of subsection (1) provided that the sub-projects are listed in the Second Schedule. Section 23(4) Constituencies may pool resources for joint projects provided that the decision for such joint projects shall first be approved by the Constituency Development Fund Committee of each of the participating constituencies and shall be reflected on the projects listed for each of the participating constituencies. Section 23(5) Where constituencies have joint projects, the County Projects Committee shall co-ordinate such projects.

Section 23Verify source

§ 24TYPES OF PROJECTS - 24. Composition of the Constituency Development Fund CommitteeProvision

Rules on composition, appointment, meetings, terms, vacancies and removals for Constituency Development Fund Committees, including publication of members by the Cabinet Secretary and meeting frequency requirements.

Section 24. Composition of the Constituency Development Fund Committee Section 24(1) There shall be a Constituency Development Fund Committee for every constituency. Section 24(2)(a) the national government official at the constituency as may be designated by the Cabinet Secretary or an alternate; Section 24(2)(b) three men nominated by the ward development committees and one of whom shall be a youth at the date of appointment; Section 24(2)(c) three women nominated by the ward development committees and one of whom is a youth shall be a youth at the date of appointment; Section 24(2)(d) one person with disability nominated by the ward development committees; Section 24(2)(e) one person nominated from among the active Non-Governmental Organisations in the constituency; Section 24(2)(f) an officer of the Board seconded to the Constituency Development Fund Committee by the Board who shall be ex officio . Section 24(3)(a) within forty-five days of being sworn in, each Member of Parliament for a particular constituency shall convene open public meetings of registered voters in each of the elective wards in the constituency; Section 24(3)(b) each ward shall then elect five persons whose names shall be forwarded to the officer of the Board in the constituency; Section 24(3)(c) upon receiving the names from all the wards in the constituency, the Member of Parliament in consultation with the officer of the Board and the sub county administrator for the constituency, shall appoint eight persons to the Board, taking into account the geographical diversity within the constituency, communal, religious, social and cultural interests in the constituency and the requirements of gender, youth and representation of persons with disabilities; Section 24(3)(d) the eight persons appointed under subparagraph (c) shall elect from among themselves one person to be the chairperson and another person to be secretary of the Constituencies Development Fund Committee for the constituency; Section 24(3)(e) upon conclusion of the election of the chairperson in the manner stipulated in paragraph (d), the officer of the Board shall forward the names of the ten members of the Constituencies Development Fund Committee to the chief executive officer of the Board for onward transmission to the Cabinet Secretary for gazettement; Section 24(3)(f) The Member of Parliament for the constituency shall be an ex officio member of the Committee. Section 24(4) The Cabinet Secretary shall cause the names of persons appointed as members of the Constituencies Development Fund Committee, pursuant to subsection (2) to be published in the Kenya Gazette . Section 24(5) The first meeting of the Constituency Development Fund Committee shall be convened within the first sixty days of a new Parliament or a by-election, by the national government official at the constituency or in his or her absence, by an officer of the Board seconded to the constituency, on such day as may be designated by the Cabinet Secretary. Section 24(6) The Chairperson of the Constituency Development Fund Committee in consultation with the Member of Parliament for the Constituency, the subcounty administrator for the Constituency, and the ward administrator for every ward shall, within the first year of a new parliament and at least once every two years thereafter, convene open forum public meetings at in every ward in the constituency to deliberate on development matters in the ward and the constituency. Section 24(7) Each ward shall come up with a list of priority projects to be submitted to the Constituency Development Fund Committee. Section 24(8) The quorum of the Constituency Development Committees shall be one half of the total membership. Section 24(9) The term of office of the members of the Constituency Development Fund Committee shall be three years irrespective of a parliamentary term but shall be renewable and shall come to an end upon the appointment of a new Constituency Development Fund Committee in a manner provided in this Act. Section 24(10) The Fund account manager seconded by the Board to the constituency shall be the custodian of all records and equipment of the constituency during the term of parliament and during transitions occasioned by general elections or a by- election. Section 24(11) Whenever a vacancy occurs in the Constituency Development Fund Committee by reason of resignation, incapacitation or demise of a member then the vacancy shall be filled from the same category of persons where the vacancy has occurred. Section 24(12) The Constituency Development Fund Committee shall meet at least six times in a year and not more than twenty-four times in every financial year including sub-committee meetings. Section 24(13) The Constituency Development Fund Committee shall, at its discretion, determine the quantum of installments to various projects in the constituency, taking into account the disbursement received and the requirement of different projects. Section 24(14)(a) lack of integrity; Section 24(14)(b) gross misconduct; Section 24(14)(c) embezzlement of public funds; Section 24(14)(d) bringing the image of the committee into disrepute through unbecoming personal public conduct; Section 24(14)(e) promoting unethical practices; Section 24(14)(f) causing disharmony within the committee; Section 24(14)(g) physical or mental infirmity. Section 24(15) A decision to remove a member under subsection (14) shall be made through a resolution of at least five members of the Committee and the member sought to be removed shall be given a fair hearing before the resolution is made. Section 24(16) A vacancy arising as a result of the removal of a member under subsection (14) shall be filled in the manner set out in subsection (11) and minutes of the meeting shall indicate the fact of the removal or appointment of a member. Section 24(17) The committee may employ staff, and such staff shall have knowledge in information and communications technology, construction and basic accounting. Section 24(18) Staff employed under subsection (17) shall help in project monitoring evaluation, co-ordination and proper keeping of records and such staff shall be remunerated from the funds allocated for administration and recurrent expenses. [Act No. 36 of 2013 , s. 4.]

Section 24Verify source

§ 25TYPES OF PROJECTS - 25. Cost estimates to be realisticProvision

Section 25(1) permits the Constituency Development Fund Committee to consult relevant Government departments to make project cost estimates realistic; Section 25(2) requires the Committee to rank projects by priority and, if total costs exceed the constituency ceiling, use that ranking for fund allocation while giving ongoing projects precedence.

Section 25. Cost estimates to be realistic Section 25(1) The Constituency Development Fund Committee may make appropriate consultations with the relevant Government departments is done to ensure that cost estimates for the projects are as realistic as possible. Section 25(2) The Constituency Development Fund Committee shall rank the projects in order of priority and whenever, in the opinion of the Board, the total cost of the projects listed exceed the ceiling for a particular constituency, then the order in which they are listed shall be taken as the order of priority for purposes of allocation of funds, provided that on-going projects shall take precedence over all other projects.

Section 25Verify source

§ 26TYPES OF PROJECTS - 26. Personal awards to be excludedProvision

Section 26. Personal awards to be excluded Section 26(1) A project or any part thereof which involve personal awards to any person in cash or in kind, shall be excluded from the list of projects submitted in accordance with section 13 of the Act. Section 26(2) Notwithstanding the provisions of subsection (1), an education bursary scheme, mocks and continuous assessment tests shall be considered as a development project for purposes of the Act provided that such a project shall not be allocated more than twenty-five per centum (25%) of the total funds allocated for the constituency in any financial year.

Section 26Verify source

§ 27TYPES OF PROJECTS - 27. Counter-part funding to be permittedProvision

The Board may consider part funding of a project financed from sources other than the Fund, provided the other financiers or donors have no objection.

Section 27. Counter-part funding to be permitted Section For the purposes of this Act, the Board may consider part funding of a project financed from sources other than the Fund so long as the other financiers or donors of that project have no objection and provided that the part funding for the project availed pursuant to this Act shall go to a defined unit or any part thereof or phase of the project in order to ensure that the particular portion defined in the allocation is completed with the funds allocated under this Act.

Section 27Verify source

Part IX

MISCELLANEOUS PROVISIONS

§ 45MISCELLANEOUS PROVISIONS - 45. Finances of the BoardProvision

Section 45 sets rules on Board finances, including that government pays personal emoluments from recurrent expenditure and the Cabinet Secretary determines other emoluments from the Fund.

Section 45. Finances of the Board Section 45(1) The expenditure for running the Board and related purposes shall be set aside at the beginning of the financial year and not more than five per centum of the total allocation to the Fund in the financial year may be used for this purpose, the annual budget of which shall be approved by the Cabinet Secretary. Section 45(2) The personal emoluments of Government officers working or involved in the management of the Fund shall be provided for under the recurrent expenditure of Government but any other emoluments or payments to such officers from the Fund shall be determined by the Cabinet Secretary. Section 45(3) Sitting allowances for the members of the County Projects Committee shall be paid out of the funds set aside for the Board under subsection (1) and the sitting allowances for the Constituency Development Fund Committee shall be paid out from funds set aside in section 22 (7). Section 45(4) The accounts of each constituency and secretariat of the Board shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B) and the Public Finance Management Act (Cap. 412A).

Section 45Verify source

§ 46MISCELLANEOUS PROVISIONS - 46. Cabinet Secretary to make regulationsAmendment

The Cabinet Secretary may make regulations for the Fund (subject to National Assembly approval) and may amend Schedules by Gazette notice (also subject to National Assembly approval).

Section 46. Cabinet Secretary to make regulations Section 46(1) The Cabinet Secretary may make regulations for the smooth running of the Fund and such regulations shall be approved by the National Assembly before implementation. Section 46(2) The Cabinet Secretary may amend any of the Schedules through a notice in the Gazette , provided that such amendments shall first be approved by the National Assembly before implementation.

Section 46Verify source

§ 47MISCELLANEOUS PROVISIONS - 47. Provisions in the Act are complimentaryProvision

The Act's provisions are complementary to other national, county or agency development efforts, do not exclude areas from other development programmes, and normal government development allocations will continue alongside projects funded under the Act.

Section 47. Provisions in the Act are complimentary Section 47(1) The provisions of this Act shall be complimentary to any other development efforts by the national government, the county governments or any other agency and nothing in this Act shall be taken or interpreted to mean that an area may be excluded from any other development programmes. Section 47(2) For the avoidance of doubt, normal Government development allocations shall continue alongside the projects funded under this Act.

Section 47Verify source

§ 48MISCELLANEOUS PROVISIONS - 48. Offences and penaltiesOffence

Anyone who misappropriates funds or assets from the Fund, or assists or causes such misappropriation, commits an offence and on conviction faces at least five years' imprisonment or at least a KSh 500,000 fine, or both.

Section 48. Offences and penalties Section Any person who misappropriates any funds or assets from the Fund, or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act, shall be guilty of an offence and shall, upon conviction, be liable to imprisonment for a term not less than five years or to a fine not less than five hundred thousand shillings or to both.

Section 48Verify source

§ 49MISCELLANEOUS PROVISIONS - 49. Dispute resolutionProvision

Complaints and disputes under the Act must be forwarded to the Board first; criminal complaints the Board must forward to prosecutorial agencies; civil disputes may go to arbitration (panel appointed by parties by consensus; if they cannot agree the Cabinet Secretary may appoint an arbitrator) with costs borne by the parties; Fund managers are not personally liable for lawful official actions.

Section 49. Dispute resolution Section 49(1) All complaints and disputes by persons arising due to the administration of this Act shall be forwarded to the Board in the first instance. Section 49(2) Complaints of a criminal nature shall be forwarded by the Board to the relevant government agencies with prosecutorial powers. Section 49(3) Disputes of a civil nature shall be referred to the Board in the first instance and where necessary an arbitration panel whose costs shall be borne by the parties to the dispute, shall be appointed by consensus of the parties to consider and determine the matter before the same is referred to court. Section 49(4) Notwithstanding subsection (3), parties shall be at liberty to jointly appoint an arbitrator of their choice in the event of a dispute but where parties fail to jointly agree on an arbitrator, the Cabinet Secretary may appoint an arbitrator whose costs shall be jointly borne by the parties. Section 49(5) Subject to this Act, no person in the management of the Fund shall be held personally liable for any lawful action taken in his official capacity or for any disputes against the Fund.

Section 49Verify source

§ 50MISCELLANEOUS PROVISIONS - 50. Repeal of Act No. 10 of 2003Repeal

The Constituencies Development Fund Act, 2003 is repealed.

Section 50. Repeal of Act No. 10 of 2003 Section The Constituencies Development Fund Act, 2003 is repealed.

Section 50Verify source

§ 51MISCELLANEOUS PROVISIONS - 51. Transitional provisionsCommencement

On commencement day, the assets, funds, rights, powers and liabilities held by the former Board transfer to the Board; the former Board's annual estimates are deemed the Board's for the rest of that financial year; members and the CEO of the former Board continue in office until their terms expire.

Section 51. Transitional provisions Section 51(1) In this section— "commencement day" means the date when this Act comes into operation; "former Act" means the Constituencies Development Fund Act, 2003; "former Board" means the Constituencies Development Fund Board established by section 5 of the former Act Section 51(2) On the commencement day, all the funds, assets and other property both movable and immovable, which immediately before such date were vested in the former Board shall by virtue of this subsection, vest in the Board. Section 51(3) On the commencement day, all rights, powers and liabilities, whether arising under any written law or otherwise which immediately before such day were vested in, imposed on or enforceable against the former Board shall be deemed to be vested, imposed or enforceable against the Board. Section 51(4) Any reference in any written law or in any document or instrument to the former Board shall, on and after the commencement day, be construed to be a reference to the Board. Section 51(5) The annual estimates of the former Board for the financial year in which the commencement day occurs shall be deemed to be the annual estimates of the Board for the remainder of that financial year. Section 51(6) The administrative directions made by the Board or by the Cabinet Secretary which are in force immediately before the commencement day shall, on and after such day, have force as if they were directions made by the Board or the Cabinet Secretary under this Act. Section 51(7)(a) enter into a written contract of service with the Board, whereupon his or her service with the Government shall be deemed to have been terminated without right to severance pay but without prejudice to all other remuneration and benefits payable upon such termination; or Section 51(7)(b) be re-deployed by the Government. Section 51(8) The members of the former Board and the Chief Executive Officer shall continue in office as members of the Board and the Chief Executive Officer respectively until the expiry of their existing terms.

Section 51Verify source

Part V

NATIONAL ASSEMBLY COMMITTEE ON CONSTITUENCY DEVELOPMENT FUND

§ 28NATIONAL ASSEMBLY COMMITTEE ON CONSTITUENCY DEVELOPMENT FUND - 28. Establishment of the National Assembly Select CommitteeProvision

The National Assembly must establish a Select Committee (a Chairperson and up to eighteen other members) and ensure proportionate party representation; the Committee must perform oversight, reporting every two years on the Act, and other defined functions.

Section 28. Establishment of the National Assembly Select Committee Section 28(1) The National Assembly shall, in accordance with its Standing Orders, establish a Select Committee consisting of a Chairperson and not more than eighteen other members of the National Assembly. Section 28(2) In determining the membership of the National Assembly Select Committee, the National Assembly shall ensure proportionate representation of the Parliamentary Political Parties. Section 28(3) The term of office of the members of the National Assembly Select Committee shall be three years renewable or upon the appointment of a new committee in a manner provided for in this Act, whichever comes earlier. Section 28(4) The procedures and rules for the operations of the National Assembly Committee shall be governed by the Standing Orders of the National Assembly. Section 28(5)(a) to consider and recommend to the National Assembly any matter requiring action by the National Assembly pursuant to the provisions of this Act; Section 28(5)(b) to oversee the implementation of this Act and in this respect, shall after every two years submit a report to the National Assembly and where necessary, propose any amendments to this Act, in particular, with respect to the quantum of funds repayable into the Fund in accordance with section 4 of the Act; Section 28(5)(c) to oversee the policy framework and legislative matters that may arise in relation to the Fund; Section 28(5)(d) to continually review the framework set out for the efficient delivery of development programmes financed through the Fund; Section 28(5)(e) to consider and report to Parliament with recommendations, names of persons required to be approved by Parliament under this Act; and Section 28(5)(f) to carry out any other functions relevant to the work of the Fund. Section 28(6) The Committee may make reports other than the statutory report stated in subsection 5(b) to appraise the National Assembly on various matters relating to the Fund and to seek various approvals as required by the Act. [Act No. 36 of 2013 , s. 5.]

Section 28Verify source

§ 29NATIONAL ASSEMBLY COMMITTEE ON CONSTITUENCY DEVELOPMENT FUND - 29. Quarterly reports on projects and disbursementsProvision

Quarterly reports must include a summary of project proposals received from constituencies in the preceding month and indicate the approval status of those projects.

Section 29. Quarterly reports on projects and disbursements Section a summary of the project proposals received from the constituencies in the preceding month and indicating the approval status of such projects;

Section 29Verify source

§ 30NATIONAL ASSEMBLY COMMITTEE ON CONSTITUENCY DEVELOPMENT FUND - 30. ProjectsProvision

The Board must ensure that constituency-approved project lists are funded under the Act.

Section 30. Projects Section The Board shall ensure that the list of projects forwarded to it by each constituency is, upon approval, funded in accordance with the Act.

Section 30Verify source

Part VI

IMPLEMENTATION OF PROJECTS

§ 31IMPLEMENTATION OF PROJECTS - 31. Project Management Committee to implementProvision

Project management committees must implement projects; the Constituency Development Fund Committee and the Board must monitor projects, may designate monitoring sub-committees, and must submit reports; equipment purchased for a constituency is for that constituency's exclusive use; assets bought under the Act are property of the Board and to be insured in its name.

Section 31. Project Management Committee to implement Section 31(1) Projects under this Act shall be implemented by the project management committee in each case, with the assistance of the relevant department of Government and all payments through cheques or otherwise shall be processed and effected in accordance with government regulations for the time being in force. Section 31(2) Where a project in a constituency involves the purchase of equipment, such equipment shall remain for the exclusive use of that constituency. Section 31(3) The Constituency Development Fund Committee and the Board shall be responsible for monitoring the implementation of projects and may designate a sub- committee, a ward committee or a project committee, the functions of monitoring an on-going projects and shall submit a report on the ongoing projects to the ward administrator and sub-county administrator, and the County Projects Committee. Section 31(4) All fixed and movable assets, including equipment bought under this Act for use by the Constituency Development Fund Committee shall be the property of the Board to be insured in the name of the Board. Section 31(5) No asset or equipment acquired under this section shall be disposed of without the prior approval of the Board. Section 31(6) Any proceeds that may accrue from the disposal of any asset acquired pursuant to subsection (5) shall be credited to the account of the constituency from whose funds the asset was acquired and such funds shall be reflected and declared as part of the following years constituency fund for that constituency.

Section 31Verify source

§ 32IMPLEMENTATION OF PROJECTS - 32. Procurement of services and WorksProvision

All works and services for projects under this Act must be procured in accordance with the Public Procurement and Asset Disposal Act (Cap. 412C).

Section 32. Procurement of services and Works Section All works and services relating to projects under this Act shall be procured in accordance with the provisions of the Public Procurement and Asset Disposal Act (Cap. 412C).

Section 32Verify source

§ 33IMPLEMENTATION OF PROJECTS - 33. Record of receipts and disbursementProvision

A record of receipts and disbursement must be tabled at a meeting of the Constituency Development Fund Committee every month.

Section 33. Record of receipts and disbursement Section table such record at a meeting of the Constituency Development Fund Committee in every month; and

Section 33Verify source

§ 34IMPLEMENTATION OF PROJECTS - 34. AuditProvision

The Auditor-General must audit and report on all funds received under this Act.

Section 34. Audit Section All funds received under this Act shall be audited and reported upon by the Auditor-General.

Section 34Verify source

§ 35IMPLEMENTATION OF PROJECTS - 35. Community initiatives to be eligibleProvision

Community-initiated projects are eligible for support if submitted with other projects and conform to the Act; a community must maintain an elected committee to represent it during and after project implementation and that committee must conform with the Act's requirements.

Section 35. Community initiatives to be eligible Section 35(1) Projects initiated by a community shall be eligible for support under this Act provided that such projects shall be submitted with the other projects in conformity with the requirements of this Act. Section 35(2) Pursuant to subsection (1), a community shall, maintain an elected committee to represent the interests of that community during and after the implementation of the project and such a committee shall conform with the requirements of this Act.

Section 35Verify source

Part VII

COUNTY PROJECTS COMMITTEE

§ 36COUNTY PROJECTS COMMITTEE - 36. Establishment of County Projects CommitteeProvision

A County Projects Committee is established for every county to coordinate Fund-financed projects; the County Projects Committee may visit projects, officially or impromptu, in the discharge of its functions.

Section 36. Establishment of County Projects Committee Section 36(1) There shall be established, for every county a committee to be known as County Projects Committee whose main function shall be to coordinate the implementation of projects financed through the Fund. Section 36(2) The County Projects Committee may, in the discharge of its functions under this Act, make official or impromptu visits to projects at such times, as it may deem appropriate.

Section 36Verify source

§ 37COUNTY PROJECTS COMMITTEE - 37. MembershipProvision

Defines membership and operating rules for County Projects Committee: lists members, allows departmental heads to attend as ex officio, requires election of a chairperson for a three-year term (subject to regulations), sets quorum at one half, requires meetings at county headquarters 2–4 times per year, continuation rules around elections, constitution of new committees within sixty days after Parliament is inaugurated, and Board allocation of administrative funds.

Section 37. Membership Section 37(1)(a) the Senator, the Members of Parliament from the County, the county women representative and the Governor; Section 37(1)(b) the national government official at the county; Section 37(1)(c) the Chairpersons of the Constituencies Development Fund Committees in that county; Section 37(1)(d) the officer in charge of the county treasury; Section 37(1)(e) the officer in charge of county planning; Section 37(1)(f) an officer of the Board seconded to the County Projects Committee by the Board who shall be ex officio and shall serve as the Secretary to the County Projects Committee. Section 37(2) All county departmental heads in a county under whose docket the various projects fall may attend County Projects Committee meetings as ex officio members, at the invitation of the County Projects Committee. Section 37(3) The County Projects Committee shall elect a chairperson from amongst the members of the Committee who shall serve for a term of three years or subject to regulations under this Act. Section 37(4) The quorum for any meeting of the County Projects Committee shall be one half of the members and for the purposes of this section immediate past members shall remain members of the County Projects Committee until a new County Projects Committee is convened pursuant to the provisions of subsection (7). Section 37(5) Meetings of the County Projects Committee shall be held at the county headquarters at least two (2) times in a year and not more than four times in every financial year including sub-committee meetings. Section 37(6) All County Projects Committees existing prior to a parliamentary election shall continue in office until a new County Projects Committee is constituted as in accordance with subsection (1). Section 37(7) The new County Projects Committees shall be constituted within sixty days of a new Parliament being inaugurated. Section 37(8) The Board shall allocate funds to County Projects Committee for administration purposes.

Section 37Verify source

§ 38COUNTY PROJECTS COMMITTEE - 38. Tabling of proposalsProvision

The Chairperson of the Constituency Development Fund Committee for each constituency must table a list of that constituency's projects at a County Projects Committee meeting convened for that purpose.

Section 38. Tabling of proposals Section The Chairperson of the Constituency Development Fund Committee for each constituency shall table a list of the projects for that constituency at a meeting of the County Projects Committee convened for that purpose and the said list shall also be submitted to the County Assembly in order to align the said projects with the County’s Development Plans and Policies.

Section 38Verify source

§ 39COUNTY PROJECTS COMMITTEE - 39. Duplication of projects to be avoidedProvision

The County Projects Committee must ensure projects are not duplicated and should combine efforts when prudent across constituencies.

Section 39. Duplication of projects to be avoided Section The County Projects Committee shall ensure that no duplication of projects occur particularly where it is prudent to combine efforts on projects designed to benefit a large section or sector of a community traversing several constituencies in a County.

Section 39Verify source

§ 40COUNTY PROJECTS COMMITTEE - 40. County Projects Committee to prepare listProvision

The County Projects Committee must, at the beginning of every financial year, prepare and circulate to the county Constituency Development Fund Committees a list of other government allocations for projects in the county.

Section 40. County Projects Committee to prepare list Section 40(1) The County Projects Committee shall, at the beginning of every financial year, prepare and circulate to the various Constituency Development Fund Committees in that county a list of other government allocations for various projects in the County. Section 40(2) Despite subsection (1), the existence of another allocation by government to a project in the constituency shall not be used as a reason to deny either approval or funding of any project consistent with this Act. Section 40(3) The existence of another allocation by Government to a different project in the county shall not be used as a reason to deny either approval or funding of any project consistent with this Act.

Section 40Verify source

Part VIII

FINANCE AND ADMINISTRATION

§ 41FINANCE AND ADMINISTRATION - 41. Staff of the BoardProvision

The Board must appoint the officers and staff needed to manage the Fund and discharge its functions; it may determine their terms and conditions; and the Board must establish or vary its principal management structure with the approval of the Cabinet Secretary.

Section 41. Staff of the Board Section 41(1) The Board shall appoint such officers and other staff as are necessary for the proper management of the Fund and discharge of its functions under this Act, upon such terms and conditions of service as it may determine. Section 41(2) The principal management structure of the Board shall be established or varied by the Board with the approval of the Cabinet Secretary.

Section 41Verify source

§ 42FINANCE AND ADMINISTRATION - 42. Constituency accountProvision

Each constituency must maintain only one constituency account; the Fund account manager may incur expenditure from that account; the Cabinet Secretary approves which commercial banks may hold constituency accounts; unutilized funds of a Project Management Committee must be returned to the constituency account.

Section 42. Constituency account Section 42(1) For the purpose of disbursement of funds under this Act there shall be opened and maintained a constituency account for every constituency at any commercial bank, approved by the Cabinet Secretary into which all funds shall be kept and such an account shall be known by the name of the constituency for which it is opened and each constituency shall maintain only one account. Section 42(2) The bank account opened pursuant to subsection (1), shall be separate from that of the County Treasury. Section 42(3) At least three signatories shall be required for every cheque or instrument for actual payment or withdrawal of funds from a constituency account and the signing instructions shall be such that there shall be at least one signature of an officer seconded by the Board and at least two signatures of two members of the Constituency Development Fund Committee. Section 42(4) The Fund account manager shall hold the authority to incur expenditure of the funds at the constituency account. Section 42(5) Funds from the constituency account shall only be withdrawn as disbursements for a particular project in accordance with the provisions of section 9 of the Act. Section 42(6) Every payment or instruction for payment out of the constituency fund account shall be strictly on the basis of a minuted resolution of the Constituency Development Fund Committee. Section 42(7) All receipts, savings and accruals to the constituency account and the balances thereof at the end of each financial year shall be returned to the Board Fund Account. Section 42(8) All unutilized funds shall remain in the constituency account and no investment elsewhere shall be permitted, provided that funds meant for a project that is cancelled or discontinued shall be returned to the Fund Account in accordance with section 10 of this Act. Section 42(9) All unutilized funds of the Project Management Committee shall be returned to the constituency account. Section 42(10) Any accruing revenues, interest and liabilities from any constituency account shall be declared to the Board together with the annual returns.

Section 42Verify source

§ 43FINANCE AND ADMINISTRATION - 43. Bank account of the FundProvision

The Fund's account must have specified signatories: the Chief Executive Officer and three Board-appointed members; the CEO's signature is mandatory on payments plus any two of the other three signatories.

Section 43. Bank account of the Fund Section 43(1) A bank account of the Fund shall be opened and maintained at the Central Bank of Kenya. Section 43(2) The signatories to the account of the Fund maintained in accordance with subsection (1), shall be the Chief Executive Officer and three other persons appointed by the Board from amongst its members. Section 43(3) The signing instructions shall be such that the signature of the Chief Executive Officer shall be mandatory on all payment cheques and/or instruments intended for actual release of money from the fund, plus any two of the other three signatories.

Section 43Verify source

§ 44FINANCE AND ADMINISTRATION - 44. Record of disbursements to be keptProvision

Section 44. Record of disbursements to be kept Section 44(1) An accurate record of all disbursements made for projects to every constituency shall be kept and updated every month by the Board. Section 44(2) The disbursement of funds to the constituency fund account shall be effected at the beginning of the first quarter of each financial year with an initial amount equivalent to twenty-five per centum of the annual allocation for the constituency and thereafter the constituency fund account shall be replenished in three equal installments at the beginning of the second, third and fourth quarters of the financial year. Section 44(3) The Chairperson of the Board shall submit an annual report on the activities, operations and expenditure under the Act. Section 44(4) At the end of every financial year the Board shall submit separate accounts of the constituencies and the Board to the Auditor-General.

Section 44Verify 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

7 instruments

Act No. 10 of 2003 The Constituencies Development Fund Act, 2003
Section 50
Act The Act
Section 3
Board shall be audited and reported upon in accordance with the Public Audit Act
Section 45
Committee who shall serve for a term of three years or subject to regulations under this Act
Section 37
Constituency Development Fund Committee to be exercised at its own discretion within the provisions of this Act
Section 18
Fund and discharge of its functions under this Act
Section 41
Fund and which is assuming the responsibility of implementing a project funded under the Act
Section 2

N–S

1 instrument

Public Procurement and Asset Disposal Act
Section 32

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