Kenya National Commission for UNESCO Act

The Act may be cited as the Kenya National Commission for UNESCO Act.

Defines terms used in the Act (Board; Cabinet Secretary; Commission; Expert; member; Programme; Secretary‑General; staff; UNESCO; UNESCO Programmes).

Section 3 establishes the Kenya National Commission for UNESCO and names it; it also lists the Commission's powers (including suing and being sued, holding and disposing of property, and performing acts necessary for its functions), states it succeeds the former Department, and locates its headquarters in Nairobi.

The Commission Section must ensure a permanent presence of UNESCO in Kenya.

The Commission has all powers necessary to perform its functions under this Act and any other written law.

In the case of the chairperson, forward three names of persons qualified for appointment to the President.

The chairperson and members of the Board hold office for four years and are eligible for one further and final re-appointment.

The Board has the power to manage, supervise and administer the assets of the Commission to promote the Commission's purpose.

The Board may delegate powers or functions to committees; committees must consist of a chairperson and other persons as the Board determines; the Board may require committees to act jointly or cooperate.

The Board may, by resolution, delegate any of its powers or functions to a board committee or to members, officers, employees or agents of the Commission.

The Board must conduct its business and affairs in accordance with the Second Schedule; except as provided in that Schedule, the Board may regulate its own procedure.

If members do not reach a unanimous decision, the Board decides by majority of votes of members present and voting; if votes are equal the chairperson or person presiding has a casting vote.

The Cabinet Secretary must appoint a Secretary-General of the Commission in consultation with the Board and on terms set out in the instrument of appointment; the Secretary-General must meet specified qualifications and performs specified management duties.

The Secretary-General shall hold office for a term of five years and may be re-appointed for further terms as determined by the Board.

Section 19 lists grounds for removal of the Secretary-General (including physical or mental incapacity, gross misconduct, incompetence or neglect of duty, violation of the Constitution, or other service-related grounds) and entitles the person to not less than thirty days’ notice of the allegations and an opportunity to present a defence.

Section establishes Board membership and specifies appointment sources and representation rules, including a Chairperson appointed by the President, specified Principal Secretaries as members, three members appointed by the Cabinet Secretary from nominated organizations, the Secretary‑General as Secretary to the Board, and that certain members may designate senior officers to represent them.

Chairperson must have a masters degree and at least ten years' relevant experience; members (except those referred to under section 6(2)(b)-(f)) must hold a university degree recognized in Kenya.

When the chairperson's office becomes vacant, the Cabinet Secretary must convene a selection panel within fourteen days of notification and must forward three recommended names to the President.

Lists grounds on which a Board member's office becomes vacant and allows the President or the Cabinet Secretary to appoint a replacement when a vacancy arises.

The Commission must have a secretariat.

There are two Deputy Secretaries-General appointed by the Cabinet Secretary in consultation with the Board; each Deputy Secretary-General is responsible to the Secretary-General when performing duties.

The Board may recruit other staff on the advice of the Secretary-General; appointed staff shall hold office on terms determined by the Board; and the Board shall regulate appointment, terms and discipline.

The Commission may engage consultants on contract to carry out specialized work, with the approval of the Cabinet Secretary.

The Board must determine the fees and allowances payable to consultants appointed under section 23.

Creates an office called the Kenya Permanent Delegation to UNESCO (Kenya UNESCO office) to represent Kenya at UNESCO headquarters and to liaise with the Kenya National Commission for UNESCO.

The Kenya UNESCO office must be headed by an Ambassador appointed by the President on the recommendations of the Cabinet Secretary.

The Cabinet Secretary must, in consultation with the Board, appoint qualified persons as staff to the Kenya UNESCO office when necessary for the Commission to discharge its functions under the Act.

Section 28 has been deleted by ActNo. 18 of 2014, Sch.

Section 29 has been deleted.

Section 30 was deleted by Act No. 18 of 2014 (Schedule).

Each committee listed in subsection (1) must have a programme officer who will serve as the committee's secretary and the expert committee's secretary.

Section 32 establishes the Education Committee's membership (13–19 members appointed by the Board), names the Director-General responsible for education as Chairperson, lists the Committee's functions (implementation, coordination, liaison, research/statistics duties, project coordination and related duties), allows co-option of persons, permits the Committee to establish its own rules of procedure, and requires submission of meeting proceedings to the Board for approval.

The Natural Science Committee must have between 11 and 17 members appointed by the Board; the Committee must perform specified UNESCO-related science functions and may co‑opt additional persons.

Sets the composition of the Social and Human Science Committee, appoints its chair, lists its membership categories and enumerates its functions, including powers to co‑opt and to make rules, and requires submission of its proceedings to the Board for approval.

Establishes the Culture Committee composition (11–17 members appointed by the Board), names the Director of the Government Agency responsible for culture as Chairperson, lists institutional representation and co-opted members, sets the Committee's functions, permits co-option of persons and rule-making, and requires submission of proceedings to the Board for approval.

Section 36 creates a Communication and Information Committee: it must have between eleven and seventeen members appointed by the Board; the Information Secretary shall chair it; it has specified member categories; it has listed functions; it may co‑opt persons and set its rules and must submit meeting proceedings to the Board.

Members of Programme and Expert Committees shall be paid allowances determined by the Board.

Parliament allocates monies for the purposes of the Commission.

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

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year and must approve and submit them to the Cabinet Secretary for approval before that year begins.

The Board must keep proper books of account, ensure money and payments are correctly recorded and controlled, and have the Commission's accounts audited under the Public Audit Act and other applicable law.

Documents required to be under seal must be sealed with the common seal of the Board and authenticated by the Chairperson or the Secretary General.

Members of the Board are entitled to be paid allowances, and the Board may determine those allowances in consultation with the Salaries and Remuneration Commission.

The Board may appoint staff or engage consultants and experts as necessary; the Board determines the terms and conditions of service in consultation with the Salaries and Remuneration Commission.

The Chairperson, members, secretary or staff of the Commission are not personally liable for acts or omissions done in good faith while carrying out the Commission's functions under this Act.

The Cabinet Secretary may make regulations to better carry out the Act.