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Kenya Act or statute

Parliament of Kenya

National Government Constituencies Development Fund Act

Short title and commencement; commencement is upon publication of the Act. Section 2 lists and defines terms used in the Act (interpretation/definitions). Provides for the establishment and admini…

Jurisdiction
Kenya
Structure
62 provisions
Citation
Cap. 414A
Dates
As at 29 Dec 2023
More statute details
Dates
As at 29 Dec 2023

Source attribution: Source: Kenya Law

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01

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“Short title and commencement; commencement is upon publication of the Act.”

Short title and commencement; commencement is upon publication of the Act. Section 2 lists and defines terms used in the Act (interpretation/definitions). Provides for the establishment and administration of the Fund (the National Government Constituencies Development Fund). Sums set aside under sections 8 and 9 must be properly accounted for, proper books of accounts must be kept, and returns made to the Constituency Committee for that constituency on how the sum has been used. The Auditor-General must audit and report on all funds received under this Act.

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TRANSITIONAL PROVISIONS - 58. Transitional provisions

Section 58 sets transitional rules at the Act's commencement: it defines "commencement day", transfers assets, rights, powers and liabilities from the former Constituencies Development Fund Board to the new Board, treats prior references and estimates as…

Section 58

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Source record from new.kenyalaw.org · As at 29 Dec 2023

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Showing 62 of 62 provisions

Provision 51Commencement 3Repeal 3Interpretation 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short title and commencementShort title

Short title and commencement; commencement is upon publication of the Act.

Section 1. Short title and commencement Section section 57 , upon publication of the Act; and
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

Section 2 lists and defines terms used in the Act (interpretation/definitions).

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "bank account of the Fund" means the National Government Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") account maintained in accordance with section 13 ; "Board" means the National Government Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board established under section 14 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development; "Chairperson" means the Chairperson of the Board ("the National Government Constituencies Development Fund Board established under;") appointed under section 15 (3); "chief executive officer" means the chief executive officer of the Board ("the National Government Constituencies Development Fund Board established under;") appointed under section 20 ; "community" means residents of a particular geographical area or region defined as a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") , ward ("a ward administered by an assistant county commissioner under the National Government Coordination Act ();") , location, sub location or village and having common interests; "constituency" means one of the constituencies into which Kenya is divided under Article 89 of the Constitution; "Constituency Committee" means a National Government Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Committee established under section 43 (1); "Constituency account" deleted by ActNo. 24 of 2022, s. 2; "constituency operations account" means the accounts maintained for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in accordance with section 12 ; "Fund" means the National Government Constituencies Development Fund established under section 4 (1); "National Assembly Committee" means the National Assembly Select Committee established in accordance with section 50 ; "Officer of the Board" means an officer of the Board ("the National Government Constituencies Development Fund Board established under;") appointed under section 22 ; "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 ("an eligible development project as described in the Act;") or manage an institution, including a committee existing prior to the establishment of the Fund ("the National Government Constituencies Development Fund established under(1);") and which is assuming the responsibility of implementing a project ("an eligible development project as described in the Act;") funded under the Act; "revenue" has the meaning assigned to it under the Commission on Revenue Allocation Act ( Cap. 428 ); "sub-project" means a complete unit or part of a project ("an eligible development project as described in the Act;") that can be put to use towards the achievement of the project ("an eligible development project as described in the Act;") objectives; "third party monies" means any monies withheld by the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in respect of retention monies for construction projects, accumulated gratuity or service pay and any other monies withheld by the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in relation to implementation of projects under this Act; "ward" means a ward administered by an assistant county commissioner under the National Government Coordination Act ( Cap. 127 ); "youth" means a person who has attained the age of eighteen years but has not attained the age of thirty-five years. [Act No. 24 of 2022 , s. 2.]
Section 2Verify source
§ 3PRELIMINARY - 3. Objects of the ActProvision

Provides for the establishment and administration of the Fund (the National Government Constituencies Development Fund).

Section 3. Objects of the Act Section provide for the establishment and administration of the Fund ("the National Government Constituencies Development Fund established under(1);") ;
Section 3Verify source

Part II

ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND

§ 10ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 10. Books of accounts to be keptProvision

Sums set aside under sections 8 and 9 must be properly accounted for, proper books of accounts must be kept, and returns made to the Constituency Committee for that constituency on how the sum has been used.

Section 10. Books of accounts to be kept Section The sums set aside under sections 8 and 9 shall be properly accounted for and proper books of accounts shall be kept and returns made to the Constituency Committee for that constituency on how the sum has been used.
Section 10Verify source
§ 11ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 11. AuditProvision

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

Section 11. Audit Section All funds received under this Act shall be audited and reported upon by the Auditor-General.
Section 11Verify source
§ 12ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 12. Constituency AccountProvision

Each constituency must open and maintain a constituency operations account and one deposit bank account for holding third party monies; the Fund account manager has authority to incur constituency expenditure.

Section 12. Constituency Account Section 12(1) For the purpose of disbursement of funds under this Act there shall be opened and maintained a constituency operations account ("the accounts maintained for every constituency in accordance with;") for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") at any commercial bank, which account shall be approved by the National Treasury and into which all funds shall be kept and such an account shall be known by the name of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") for which it is opened. Section 12(1A) Each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall open one deposit bank account for holding third party monies ("any monies withheld by the constituency in respect of retention monies for construction projects, accumulated gratuity or service pay and any other monies withheld by the constituency in relation to implementation of projects under this Act;") which shall so be designated and such an account shall be known by the name of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") for which it is opened. Section 12(1B) For the purposes of this Act, each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall maintain one deposit account and one constituency operations account ("the accounts maintained for every constituency in accordance with;") . Section 12(2) At least three signatories shall be required for every cheque or instrument for actual payment or withdrawal of funds from the constituency operations account ("the accounts maintained for every constituency in accordance with;") and the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") deposit account. Section 12(2A) The signing instructions for the constituency operations account ("the accounts maintained for every constituency in accordance with;") shall be such that there shall be at least one signature of an officer seconded by the Board ("the National Government Constituencies Development Fund Board established under;") for that purpose and, at least one signature of a member of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") Committee, and the signature of the sub-county accountant in charge of the Fund ("the National Government Constituencies Development Fund established under(1);") . Section 12(2B) The signing instructions for the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") deposit account shall be such that there shall be at least one signature of an officer seconded by the Board ("the National Government Constituencies Development Fund Board established under;") for that purposes and, at least one signature of a member of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") Committee who shall not be a signatory to the constituency operations account ("the accounts maintained for every constituency in accordance with;") and the signature of the sub-county accountant in charge of the Fund ("the National Government Constituencies Development Fund established under(1);") . Section 12(3) The Fund ("the National Government Constituencies Development Fund established under(1);") account manager shall hold the authority to incur expenditure of the funds at the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") account. Section 12(4) Funds from the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") account shall only be withdrawn as disbursements for a particular project ("an eligible development project as described in the Act;") in accordance with the provisions of section 5 of the Act. Section 12(5) Every payment or instruction for payment out of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") fund account shall be strictly in accordance to the minutes of a resolution of a meeting of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") . Section 12(6) All receipts, savings and accruals to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") account and the balances thereof at the end of each financial year shall be returned to the Constituency Account. Section 12(7) All unutilized funds shall remain in the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") account and no investment elsewhere shall be permitted, provided that funds meant for a project ("an eligible development project as described in the Act;") that is cancelled or discontinued shall be returned to the Constituency Account in accordance with section 6 of this Act. Section 12(8) All unutilized funds of the Project Management Committee shall be returned to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") account. Section 12(9) Any accruing revenues, interest and liabilities from any constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") account shall be declared to the Board ("the National Government Constituencies Development Fund Board established under;") together with the annual returns. [Act No. 24 of 2022 , s. 7.]
Section 12Verify source
§ 13ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 13. Bank Account of theFundProvision

The Fund must have a bank account at the Central Bank of Kenya; the signatories are the chief executive officer and three persons appointed by the Board from among its members; the chief executive officer's signature is mandatory on all payment cheques or instruments releasing money together with at least one of the other three signatories.

Section 13. Bank Account of theFund Section 13(1) A bank account of the Fund ("the National Government Constituencies Development Fund account maintained in accordance with;") shall be opened and maintained at the Central Bank of Kenya. Section 13(2) The signatories to the account of the Fund ("the National Government Constituencies Development Fund established under(1);") maintained in accordance with subsection (1), shall be the chief executive officer ("the chief executive officer of the Board appointed under;") and three other persons appointed by the Board ("the National Government Constituencies Development Fund Board established under;") from amongst its members. Section 13(3) The signing instructions shall be such that the signature of the chief executive officer ("the chief executive officer of the Board appointed under;") shall be mandatory on all payment cheques or, instruments intended for actual release of money from the Fund ("the National Government Constituencies Development Fund established under(1);") and at least one of the other three signatories. [Act No. 24 of 2022 , s. 8.]
Section 13Verify source
§ 4ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 4. Establishment of theFundProvision

Section 4 establishes the National Government Constituencies Development Fund, requires it include at least 2.5% of the national government's share of revenue, allows it to comprise monies accruing to or received by the Board, and states the Fund is to be administered by the Board.

Section 4. Establishment of theFund Section 4(1)(a) be a national government fund consisting of monies of an amount of not less than 2.5% (two and half percentum) of all the national government's share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218 of the Constitution; Section 4(1)(b) comprise of any monies accruing to or received by the Board ("the National Government Constituencies Development Fund Board established under;") from any other source; and Section 4(1)(c) be administered by the Board ("the National Government Constituencies Development Fund Board established under;") . 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 in accordance with the provisions of this Act. Section 4(3) Deleted by ActNo. 21 of 2023, s. 3 . [Act No. 21 of 2023 , s. 3.]
Section 4Verify source
§ 5ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 5. Disbursement from theFundProvision

Section 5 governs disbursement from the National Government Constituencies Development Fund: the Board must approve and record disbursements; constituencies must submit annual receipts and expenditure records with bank statements within thirty days after the financial year end; the Board must set conditions for release of funds and may impose restrictions on constituencies.

Section 5. Disbursement from theFund Section 5(1) Each and every disbursement from the Fund ("the National Government Constituencies Development Fund established under(1);") shall be approved and recorded in the minutes of the Board ("the National Government Constituencies Development Fund Board established under;") . Section 5(2) All disbursements from the Fund ("the National Government Constituencies Development Fund established under(1);") shall be for specific projects as submitted by the constituencies in accordance with the procedures outlined in this Act. Section 5(3) All disbursements shall be made through the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") operations bank accounts maintained for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in accordance with section 12 of this Act. Section 5(4) Notwithstanding subsection (3), payments for a joint project ("an eligible development project as described in the Act;") 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 ("the National Government Constituencies Development Fund Board established under;") . Section 5(5) The record of the amounts received by each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") and the record of expenditure of amounts so received shall be submitted to the Board ("the National Government Constituencies Development Fund Board established under;") 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 5(6) The Board ("the National Government Constituencies Development Fund Board established under;") shall set out general conditions and requirements for release of funds, to ensure efficient and effective management of resources. Section 5(7) The Board ("the National Government Constituencies Development Fund Board established under;") may impose reasonable requirements, including restrictions, on a particular constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") and such restrictions or requirements shall be reported together with the quarterly returns to be submitted to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") and the National Assembly Committee ("the National Assembly Select Committee established in accordance with;") in accordance with this Act. [Act No. 39 of 2016 , s. 3, Act No. 24 of 2022 , s. 4.]
Section 5Verify source
§ 6ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 6. Allocation of fundsProvision

The Board must, with the approval of the relevant Committee of the National Assembly, allocate funds for every constituency each financial year in accordance with section 34.

Section 6. Allocation of funds Section 6(1) The Board ("the National Government Constituencies Development Fund Board established under;") shall, with the approval of the relevant Committee of the National Assembly, allocate funds for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in each financial year in accordance with section 34 . Section 6(2) Once funds are allocated for a particular project ("an eligible development project as described in the Act;") , they shall remain allocated for that project ("an eligible development project as described in the Act;") and may only be re-allocated for any other purpose during the financial year with the approval of the Board ("the National Government Constituencies Development Fund Board established under;") . Section 6(3) If for any reason a particular project ("an eligible development project as described in the Act;") is cancelled or discontinued during the financial year, the funds allocated for such a project ("an eligible development project as described in the Act;") shall be returned to the constituency operations account ("the accounts maintained for every constituency in accordance with;") of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") from which the funds were withdrawn. Section 6(3A) The funds in respect of a particular cancelled or discontinued project ("an eligible development project as described in the Act;") referred to in subsection (3) that were yet to be disbursed for implementation, shall be retained in the constituency operations account ("the accounts maintained for every constituency in accordance with;") . Section 6(4) Unspent funds shall be allocated to any eligible project ("an eligible development project as described in the Act;") and such project ("an eligible development project as described in the Act;") may be new or ongoing at the end of the financial year. Section 6(5) For the avoidance of doubt, a return as set out in the First Schedule shall be made for the current financial year and every previous financial year on which some funds remain unspent. [Act No. 39 of 2016 , s. 4, Act No. 24 of 2022 , s. 5.]
Section 6Verify source
§ 7ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 7. Funds to be retained in theFundProvision

Receipts, savings and accruals to the Fund and the Fund balance at the end of each financial year must be retained in the Fund and applied in accordance with this Act.

Section 7. Funds to be retained in theFund Section 7(1) All receipts, savings and accruals to the Fund ("the National Government Constituencies Development Fund established under(1);") and the balance of the Fund ("the National Government Constituencies Development Fund established under(1);") at the end of each financial year shall be retained in the Fund ("the National Government Constituencies Development Fund established under(1);") , and applied in accordance with this Act. Section 7(2) All funds allocated to a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") 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 6 (3) or funds which are not utilized for whatever reasons. [Act No. 24 of 2022 , s. 6.]
Section 7Verify source
§ 8ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 8. Emergency ReserveProvision

Keeps five per centum of the Fund as an unallocated Emergency Reserve available for constituency emergencies; the Constituency Committee must determine its allocation; "Emergency" is defined as an urgent, unforeseen need for expenditure that cannot be delayed until the next financial year without harming the public interest of constituents.

Section 8. Emergency Reserve Section 8(1) A portion of the Fund ("the National Government Constituencies Development Fund established under(1);") , 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 8(2) The Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall determine the allocation of the emergency reserve in accordance with the Act. Section 8(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 8Verify source
§ 9ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND - 9. Administration expensesProvision

The project management committee must set aside up to five per cent of a project's total allocation to cover the project's administration expenses.

Section 9. Administration expenses Section The project management committee ("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;") shall set aside a sum not exceeding five per centum of the total allocation for the project ("an eligible development project as described in the Act;") to cater for the administration expenses of the project ("an eligible development project as described in the Act;") .
Section 9Verify source

Part III

ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD

§ 14ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 14. Establishment of theBoardProvision

Establishes the National Government Constituencies Development Fund Board and lists powers including suing and being sued, acquiring and disposing of property, borrowing and investing, and performing acts necessary for its functions.

Section 14. Establishment of theBoard Section 14(1) There is established a Board ("the National Government Constituencies Development Fund Board established under;") to be known as the National Government Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") . Section 14(2)(a) suing and being sued; Section 14(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 14(2)(c) borrowing money or making investments; and Section 14(2)(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 14Verify source
§ 15ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 15. Composition of theBoardProvision

Section 15 sets out the composition of the Board, listing specific ex officio members and appointed members, requires consideration of gender equity and regional diversity when nominating or approving members, requires the Cabinet Secretary to appoint the chairperson from among the seven appointed persons, and states the chief executive officer is an ex officio member without a right to vote.

Section 15. Composition of theBoard Section 15(1)(a) the Principal secretary in the Ministry for the time being responsible for matters relating to national economic policy and planning or a designated alternate, not being below the level of Director of Planning; Section 15(1)(b) the Principal Secretary in the Ministry 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 15(1)(c) the Attorney-General or a designated alternate not being below the level of Senior State Counsel; Section 15(1)(d) the principal secretary in the Ministry responsible for matters relating to education or a designated alternate not being below the level of Director; Section 15(1)(e) seven other persons, three of whom shall be of the opposite gender and at least one shall be a person with disability, qualified in matters relating to finance, accounting, engineering. economics, community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") development, public affairs, project ("an eligible development project as described in the Act;") management, education, security or law appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") in accordance with the recommendations of the Public Service Commission and with the approval of the National Assembly; and Section 15(1)(f) the chief executive officer ("the chief executive officer of the Board appointed under;") who shall be an ex officio member without a right to vote. Section 15(2) In nominating or approving the appointment of a person as a member of the Board ("the National Government Constituencies Development Fund Board established under;") under subsection (1), the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") , the Public Service Commission and the National Assembly shall take into account gender equity and the regional diversities of the people of Kenya. Section 15(3) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") shall appoint the chairperson of the Board ("the National Government Constituencies Development Fund Board established under;") from amongst the seven persons appointed in accordance with paragraph (e) of subsection (1). Section 15(4) Deleted by ActNo. 21 of 2023, s. 4. [Act No. 39 of 2016 , s. 5, Act No. 21 of 2023 , s. 4.]
Section 15Verify source
§ 16ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 16. Functions of theBoardProvision

The Board must consider eligible development project proposals from constituencies, approve those consistent with the Act for funding, and send funds to the constituencies' operations accounts.

Section 16. Functions of theBoard Section consider project ("an eligible development project as described in the Act;") 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 operations account ("the accounts maintained for every constituency in accordance with;") of the approved projects;
Section 16Verify source
§ 17ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 17. Powers of theBoardProvision

The Board has the power to receive gifts, donations, grants or other money and equipment and to make legitimate disbursements from them.

Section 17. Powers of theBoard Section receive gifts, donations, grants or other moneys and equipment and make legitimate disbursements therefrom;
Section 17Verify source
§ 18ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 18. Conduct of the business and affairs of theBoardProvision

The National Government Constituencies Development Fund Board must have its conduct and regulation of business as set out in the Second Schedule; except as provided in the Second Schedule the Board may regulate its own procedure; it must refer policy issues arising in performing its functions to the Cabinet Secretary; and it may make official or impromptu visits to projects at times it deems appropriate.

Section 18. Conduct of the business and affairs of theBoard Section 18(1) The conduct and regulation of the business and affairs of the Board ("the National Government Constituencies Development Fund Board established under;") shall be as set out in the Second Schedule. Section 18(2) Except as provided in the Second Schedule, the Board ("the National Government Constituencies Development Fund Board established under;") may regulate its own procedure. Section 18(3) Where any issues of policy arise in the course of the performance of its functions under this Act, the Board ("the National Government Constituencies Development Fund Board established under;") shall refer the issue to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") . Section 18(4) The Board ("the National Government Constituencies Development Fund Board established under;") 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 18Verify source
§ 19ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 19. VacancyProvision

Section 19 is titled "Vacancy".

Section 19. Vacancy Section dies;
Section 19Verify source
§ 19AESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 19A. Filling of vacancyProvision

Sets procedures and timelines for filling vacancies on the National Government Constituencies Development Fund Board, including nomination by the Cabinet Secretary, vetting by the National Assembly, appointment by Gazette, and a gender composition requirement.

Section 19A. Filling of vacancy Section 19A(1)(a) invite applications from persons who qualify for nomination and appointment by advertisement in at least two daily newspapers with nationwide circulation; Section 19A(1)(b) consider the applications received to determine their compliance with the requirements set out in this Act; Section 19A(1)(c) shortlist the applicants; Section 19A(1)(d) conduct interviews for the shortlisted persons; and Section 19A(1)(e) recommend three qualified persons for each vacancy to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") for nomination for appointment. Section 19A(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") shall within fourteen days of the receipt of the names of the persons recommended for nomination under sub-section 1(e), nominate one person for each vacancy and forward the names to the National Assembly for approval. Section 19A(3) The National Assembly shall, within twenty-one days of the day it next sits after receipt of the name of an applicant under subsection (2), vet and consider the applicant, and may approve or reject applicants for any or all vacancies in the Board ("the National Government Constituencies Development Fund Board established under;") . Section 19A(4) Where the National Assembly Approves of an applicant, the Speaker of the National Assembly shall forward the name of the approved applicant to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") for appointment. Section 19A(5) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") shall, within seven days of receipt of the name of the approved applicant from the National Assembly, by notice in the Gazette appoint the applicant to the Board ("the National Government Constituencies Development Fund Board established under;") . Section 19A(6) Where the National Assembly rejects any nomination, the Speaker shall within three days communicate its decision to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") and request the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") to submit fresh nominations. Section 19A(7) Where a nominee is rejected by the National Assembly under subsection (6), the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") shall within seven days, submit to the National Assembly a fresh nomination from amongst the persons shortlisted and forwarded by the Public Service Commission under subsection (1)(e). Section 19A(8) If the National Assembly rejects any or all of the subsequent nominees submitted by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") for approval under subsection (1), the provisions of subsections (1) and (2) shall apply. Section 19A(9) In short listing, nominating or appointing persons to fill a vacancy in the Board ("the National Government Constituencies Development Fund Board established under;") , the Public Service Commission, the National Assembly and the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") shall ensure that not more than two-thirds of the members are of the same gender. [Act No. 21 of 2023 , s. 5.]
Section 19AVerify source
§ 20ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 20. Chief executive officer of theBoardProvision

The Board must recruit a chief executive officer through a competitive process and recommend appointment to the Cabinet Secretary for approval by the National Assembly; the chief executive officer must have specified qualifications and experience, manage the Board's day-to-day affairs subject to the Board's directions, and serve for three years renewable once.

Section 20. Chief executive officer of theBoard Section 20(1) There shall be a chief executive officer ("the chief executive officer of the Board appointed under;") of the Board ("the National Government Constituencies Development Fund Board established under;") who shall be recruited by the Board ("the National Government Constituencies Development Fund Board established under;") through a competitive process and recommendations made to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") for appointment, with the approval of the National Assembly. Section 20(2)(a) has a degree in finance, accounting, engineering, economics, community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") development, law or a related field from a recognized university; Section 20(2)(b) has at least ten years' working experience in the relevant field; and Section 20(2)(c) has served in a senior management position for a minimum period of five years. Section 20(3) The chief executive officer ("the chief executive officer of the Board appointed under;") shall subject to the directions of the Board ("the National Government Constituencies Development Fund Board established under;") , be responsible for the day to day management of the affairs and staff of the Board ("the National Government Constituencies Development Fund Board established under;") . Section 20(4) The chief executive officer ("the chief executive officer of the Board appointed under;") shall serve for a period of three years renewable once.
Section 20Verify source
§ 21ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 21. Appointment of secretary to theBoardProvision

The Board must appoint a secretary; the secretary must arrange Board business, keep records and perform other duties as directed and reports to the chief executive officer; the Board may appoint a member or staff to act temporarily in the secretary's absence.

Section 21. Appointment of secretary to theBoard Section 21(1) There shall be a secretary to the Board ("the National Government Constituencies Development Fund Board established under;") who shall be appointed by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 21(2) The secretary shall be responsible for arranging the business of the Board ("the National Government Constituencies Development Fund Board established under;") 's meetings, keeping records of the proceedings of the Board ("the National Government Constituencies Development Fund Board established under;") , and shall perform such other duties as the Board ("the National Government Constituencies Development Fund Board established under;") may direct. Section 21(3) In the performance of the duties under this Act, the Secretary shall be responsible to the chief executive officer ("the chief executive officer of the Board appointed under;") . Section 21(4) The Board ("the National Government Constituencies Development Fund Board established under;") may in the absence of the secretary appoint any member of the Board ("the National Government Constituencies Development Fund Board established under;") or staff of the Board ("the National Government Constituencies Development Fund Board established under;") to temporarily perform the functions of the secretary under subsection (2) subject to such conditions or restrictions as the Board ("the National Government Constituencies Development Fund Board established under;") may determine.
Section 21Verify source
§ 22ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 22. Staff of theBoardProvision

The Board must appoint officers and staff needed to manage the Fund; board officers for each constituency must report to the Constituency Committee; the Constituency Committee must take part in the annual appraisal of seconded officers; the Board may set or change its principal management structure with the Cabinet Secretary's approval.

Section 22. Staff of theBoard Section 22(1) The Board ("the National Government Constituencies Development Fund Board established under;") shall appoint such officers and other staff as are necessary for the proper management of the Fund ("the National Government Constituencies Development Fund established under(1);") and discharge of its functions under this Act, upon such terms and conditions of service as it may determine. Section 22(2) The officer of the Board ("the National Government Constituencies Development Fund Board established under;") for each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall administratively report to the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") . Section 22(3) The Constituency committee shall participate in the annual appraisal of the officer of the Board ("the National Government Constituencies Development Fund Board established under;") seconded to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") based on criteria developed by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 22(4) The principal management structure of the Board ("the National Government Constituencies Development Fund Board established under;") shall be established or varied by the Board ("the National Government Constituencies Development Fund Board established under;") with the approval of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") .
Section 22Verify source
§ 23ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD - 23. Finances of theBoardProvision

The Cabinet Secretary must approve the Board's annual budget with the concurrence of the National Assembly Committee.

Section 23. Finances of theBoard Section 23(1) The expenditure for running the Board ("the National Government Constituencies Development Fund Board established under;") 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 ("the National Government Constituencies Development Fund established under(1);") in the financial year may be used for this purpose, the annual budget of which shall be approved by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") with the concurrence of the National Assembly Committee ("the National Assembly Select Committee established in accordance with;") . Section 23(2) The personal emoluments of Government officers working or involved in the management of the Fund ("the National Government Constituencies Development Fund established under(1);") shall be provided for under the recurrent expenditure of Government but any other emoluments or payments to such officers from the Fund ("the National Government Constituencies Development Fund established under(1);") shall be determined by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") in consultation with the Salaries and Remuneration Commission.
Section 23Verify source

Part IV

NATURE OF PROJECTS

§ 24NATURE OF PROJECTS - 24. Projects to be in respect of national government functionsProvision

A project under this Act must be limited to works and services within the exclusive functions of the national government as provided in the Constitution.

Section 24. Projects to be in respect of national government functions Section A project ("an eligible development project as described in the Act;") under this Act shall only be in respect of works and services falling within the exclusive functions of the national government as provided in the Constitution. [Act No. 21 of 2023 , s. 6.]
Section 24Verify source
§ 25NATURE OF PROJECTS - 25. Funding of projectsProvision

The Constituency Committee may, notwithstanding subsection (3), identify a religious body or organization as an appropriate specialized agency for emergency support under section 8.

Section 25. Funding of projects Section 25(1) Any funding under this Act shall be for a complete project ("an eligible development project as described in the Act;") or a defined phase of a project ("an eligible development project as described in the Act;") and may include the acquisition of land and buildings. Section 25(2) 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 ("an eligible development project as described in the Act;") but shall not include recurrent costs of a facility. Section 25(2A) Notwithstanding subsection (2), a sum not exceeding three per centum of the total annual allocation to a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") may be used for the payment of recurrent utilities costs and maintenance of constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") digital hubs. Section 25(3) 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 25(4) Notwithstanding the provisions of subsection (3), the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") may identify a religious body or organization as an appropriate specialized agency for purposes of section 8 with regard to emergency support. Section 25(5) Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") office project ("an eligible development project as described in the Act;") shall be considered as a development project ("an eligible development project as described in the Act;") for purposes of the Act and may include appropriate furniture and equipment for the office. Section 25(6) Notwithstanding the provisions of subsection (2), up to a maximum of six per centum of the total annual allocation for the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") may be used for administration, recurrent expenses of vehicles, equipment and machinery and such use shall be listed in the Third Schedule as a project ("an eligible development project as described in the Act;") . Section 25(7) Projects may include the acquisition of vehicles, machinery and other equipment for the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") . Section 25(8) Deleted by ActNo. 21 of 2023, s. 7. Section 25(9) Monitoring and evaluation of ongoing projects and capacity building of various operatives may be considered as a development project ("an eligible development project as described in the Act;") provided that not more than three per centum shall be allocated for this purpose. Section 25(10) Climate change mitigation activities including afforestation, reafforestation, grassroot sensitisation and tree seedling production may be considered as development projects for purposes of this Act provided that the allocation to such activities does not exceed five per centum of the total allocation to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in that financial year. Section 25(10A) The provisions of subsection (10) shall lapse ten years after the effective date of this sub-section. Section 25(11) Each of the projects shall be listed in the Third Schedule including the emergency item under section 8 and, where applicable, the activities under subsections (5), (6), (7), (8), (9) and (10) of this section. [Act No. 21 of 2023 , s. 7.]
Section 25Verify source
§ 26NATURE OF PROJECTS - 26. Unspent funds and Joint projectsProvision

Constituencies with unspent funds must submit new proposals to the Board; constituencies may pool resources for joint projects subject to approval by each participating Constituency Committee and listing on each constituency's projects.

Section 26. Unspent funds and Joint projects Section 26(1) Constituencies with unspent funds at the end of the financial year shall submit new proposals to the Board ("the National Government Constituencies Development Fund Board established under;") for approval in accordance with section 31 of this Act. Section 26(2) Constituencies may pool resources for joint projects provided that the decision for such joint projects shall first be approved by the Constituency Committees of each of the participating constituencies and shall be reflected on the projects listed for each of the participating constituencies. Section 26(3) Where constituencies have joint projects, the respective Constituency Committees shall co-ordinate the projects.
Section 26Verify source

Part IX

MISCELLANEOUS PROVISIONS

§ 54MISCELLANEOUS PROVISIONS - 54. Provisions in the Act are complimentaryProvision

Section 54(1) says the Act complements other national or agency development efforts and does not exclude areas from other development programmes.

Section 54. Provisions in the Act are complimentary Section 54(1) The provisions of this Act shall be complimentary to any other development efforts by the national government 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 54(2) Deleted by ActNo. 21 of 2023, s. 15. [Act No. 21 of 2023 , s. 15.]
Section 54Verify source
§ 55MISCELLANEOUS PROVISIONS - 55. Offences and penaltiesOffence

Any person who misappropriates funds or assets from the Fund, or assists or causes such misappropriation or improper application, commits an offence punishable on conviction by at least five years' imprisonment or a fine of at least five hundred thousand shillings, or both.

Section 55. Offences and penalties Section Any person who misappropriates any funds or assets from the Fund ("the National Government Constituencies Development Fund established under(1);") , or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act, commits an offence and shall, upon conviction, be liable to imprisonment for a term of not less than five years or to a fine of not less than five hundred thousand shillings, or both.
Section 55Verify source
§ 56MISCELLANEOUS PROVISIONS - 56. Dispute resolutionCommencement

Sets procedures for forwarding complaints and resolving disputes: the Board forwards criminal complaints to prosecutorial agencies; civil disputes go first to the Board and may be resolved by arbitration appointed by the parties or by the Board on direction from the Cabinet Secretary; management of the Fund is not personally liable for lawful official acts.

Section 56. Dispute resolution Section 56(1) All complaints and disputes by persons arising due to the administration of this Act shall be forwarded to the Board ("the National Government Constituencies Development Fund Board established under;") in the first instance. Section 56(2) Complaints of a criminal nature shall be forwarded by the Board ("the National Government Constituencies Development Fund Board established under;") to the relevant government agencies with prosecutorial powers. Section 56(3) Disputes of a civil nature shall be referred to the Board ("the National Government Constituencies Development Fund Board established under;") 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 56(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, any of the parties may apply to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") direct the Board ("the National Government Constituencies Development Fund Board established under;") in collaboration with the Office of the Attorney-General to commence arbitration. Section 56(5) Subject to this Act, no person in the management of the Fund ("the National Government Constituencies Development Fund established under(1);") shall be held personally liable for any lawful action taken in his official capacity or for any disputes against the Fund ("the National Government Constituencies Development Fund established under(1);") . [Act No. 24 of 2022 , s. 20.]
Section 56Verify source

Part V

IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS

§ 27IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 27. Identification and submission of projectsCommencement

The chairperson must hold open public meetings in every ward within the first year of a new Parliament and at least once every two years thereafter to discuss ward and constituency development; the Constituency Committee must consider ward project proposals and other beneficial projects, identify priority projects, and submit the proposed list to the Board.

Section 27. Identification and submission of projects Section 27(1) The chairperson of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall, within the first year of the commencement of a new Parliament and at least once every two years thereafter, convene open forum public meetings in every ward ("a ward administered by an assistant county commissioner under the National Government Coordination Act ();") in the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") to deliberate on development matters in the ward ("a ward administered by an assistant county commissioner under the National Government Coordination Act ();") and in the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") . Section 27(2) The Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall deliberate on project ("an eligible development project as described in the Act;") proposals from all the wards in the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") and any other projects which the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") considers beneficial to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") , including joint projects with other constituencies, consider the national development plans and policies and the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") strategic development plan, and identify a list of priority objects, both immediate and long term, out of which the list of projects to be submitted in accordance with the Act shall be drawn from. Section 27(3) The list of proposed constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") based projects to be covered under this Act shall be submitted by Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") to the Board ("the National Government Constituencies Development Fund Board established under;") .
Section 27Verify source
§ 28IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 28. Submission deadlineProvision

Every constituency must submit to the Board a list of ongoing and proposed constituency projects within three months of the official release of the budget ceilings, or within another time the Board may determine.

Section 28. Submission deadline Section 28(1) Every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall within three months of the official release of the budget ceilings for the constituencies or such other time as may be determined by the Board ("the National Government Constituencies Development Fund Board established under;") , submit a list of the ongoing and proposed constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") projects to the Board ("the National Government Constituencies Development Fund Board established under;") . Section 28(2) Where the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") fails to submit the list of constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") based projects to the Board ("the National Government Constituencies Development Fund Board established under;") within the stipulated time in subsection (1), the list shall be deemed to have been submitted to the Board ("the National Government Constituencies Development Fund Board established under;") upon the lapse of the stipulated time. [Act No. 39 of 2016 , s. 6, Act No. 24 of 2022 , s. 11.]
Section 28Verify source
§ 29IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 29. Submission formProvision

The list of projects must be submitted on the Constituency Projects Submission Form in the Third Schedule accompanied by minutes of the Constituency Committee approving the projects; all proposed projects for every constituency must be listed in the Form with cost estimates, allocated amounts and amounts disbursed.

Section 29. Submission form Section 29(1) The list of projects shall be submitted on a Constituency Projects Submission Form set out in the Third Schedule to this Act accompanied by minutes of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") approving the projects. Section 29(2) All projects proposed for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall be listed in the Form together with the cost estimates, amounts allocated and amounts disbursed to such projects.
Section 29Verify source
§ 30IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 30. Projects description FormProvision

Every project listed in the Constituency Projects Submission Form must have attached a Project Description Form as set out in the Fourth Schedule.

Section 30. Projects description Form Section For every project ("an eligible development project as described in the Act;") listed in the Constituency Projects Submission Form, there shall be attached a Project Description Form as set out in the Fourth Schedule.
Section 30Verify source
§ 31IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 31. Approval of ProjectsProvision

The Board must table the list of projects received pursuant to section 27 for review, must scrutinize and approve for funding project proposals consistent with the Act, and if it does not approve a proposal it must refer the matter to the Constituency Committee with reasons.

Section 31. Approval of Projects Section 31(1) The list of projects received by the Board ("the National Government Constituencies Development Fund Board established under;") pursuant to section 27 shall be tabled for review at a meeting of the Board. Section 31(2) The Board ("the National Government Constituencies Development Fund Board established under;") shall scrutinize and approve for funding those project ("an eligible development project as described in the Act;") proposals that are consistent with the Act. Section 31(3) Where the Board ("the National Government Constituencies Development Fund Board established under;") does not approve a proposal submitted to it under this section, it shall refer the matter to the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") giving reasons as to why it has declined the proposal.
Section 31Verify source
§ 32IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 32.Constituency Committeeto determine quantum of instalmentsProvision

The constituency Committee must determine how large instalments will be when disbursing to projects in the constituency, taking into account amounts received and the projects' requirements.

Section 32.Constituency Committeeto determine quantum of instalments Section The constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") Committee shall determine the quantum of installments for disbursement to projects within the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") , taking into account, the disbursement received and, the projects requirements. [Act No. 24 of 2022 , s. 12.]
Section 32Verify source
§ 32AIDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 32A.Constituency Committeeto inform theBoardof allocationProvision

The constituency Committee must inform the Board of any allocation within forty-five days of allocating funds under section 32.

Section 32A.Constituency Committeeto inform theBoardof allocation Section The constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") Committee shall within forty-five days of allocating funds under section 32 , inform the Board of such allocation. [Act No. 24 of 2022 , s. 13.]
Section 32AVerify source
§ 33IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 33. List to be serialisedProvision

Projects listed for each constituency must be numbered by the Board and the serial numbers must include the constituency number as delineated by the Independent Electoral and Boundaries Commission so a project retains the same serial number every year until completion.

Section 33. List to be serialised Section The projects listed for each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall be numbered by the Board ("the National Government Constituencies Development Fund Board established under;") and the serial numbers of all projects in a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall bear the number of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") as delineated by the Independent Electoral and Boundaries Commission in order to ensure that a project ("an eligible development project as described in the Act;") retains the same serial number every year until its completion.
Section 33Verify source
§ 34IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 34. Basis for budget ceilingProvision

Sets how constituency budget ceilings are calculated and requires the Chairperson to table a schedule of ceilings; allows the National Government to facilitate additional projects through specified committees.

Section 34. Basis for budget ceiling Section 34(1)(a) three quarters of the amount specified in section 4(1) divided equally among all constituencies; Section 34(1)(b) an amount equal to a quarter of the amount specified in section 4(1) divided among all constituencies taking into account the number of wards in each constituency; Section 34(1)(ba) An amount that ensures that the total allocation to a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") is not less than the amount allocated to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in the preceding financial year; and Section 34(1)(c) subject to the provisions of section 8(1) and section 23(1) . Section 34(2) The Chairperson ("the Chairperson of the Board appointed under(3);") of the National Assembly Committee ("the National Assembly Select Committee established in accordance with;") shall table in the National Assembly a schedule showing the ceiling for each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") , which shall be determined in accordance with subsection (1). Section 34(3) Despite subsection (1), the National Government may, through the National Government Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Committees established under section 43 , where necessary, facilitate other projects or programmes falling within the purview of the National Government with funds other than the funds specified in section 4(1) . [Act No. 39 of 2016 , s. 7, Act No. 24 of 2022 , s. 14, Act No. 21 of 2023 , s. 8.]
Section 34Verify source
§ 35IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS - 35. Criteria for projectsAmendment

Constituency Committee must ensure project lists comply with the Act and that total cost falls within the allowable constituency ceiling.

Section 35. Criteria for projects Section 35(1) The types of projects submitted for funding under this Act shall comply with the provisions of this Act. Section 35(2) It shall be the responsibility of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") 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 ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") or is not below that ceiling. Section 35(3) If the list of projects submitted for funding is in contravention of subsection (2) the same shall be referred back to the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") for amendment and re-submission. Section 35(4) Whenever the amount for projects in a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") is less than the allowable ceiling for reasons of projects being rejected in accordance with subsection (3), or for whatever reason, the shortfall shall be indicated as unallocated amount against that particular constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") on the list to be forwarded to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") .
Section 35Verify source

Part VI

IMPLEMENTATION OF PROJECTS

§ 36IMPLEMENTATION OF PROJECTS - 36. Project management committee to implementProvision

Projects under this Act must be implemented by the project management committee appointed under the regulations, with assistance from the relevant government department and procured private practitioners, and payments processed in accordance with government procurement regulations.

Section 36. Project management committee to implement Section 36(1) Projects under this Act shall be implemented by the project management committee ("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;") appointed in accordance with the regulations made under section 57 , with the assistance of the relevant department of Government, government registered private practitioners procured in accordance with the Public Procurement and Asset Disposal Act ( Cap. 412C ) and all payments through cheques or otherwise shall be processed and effected in accordance with government regulations for the time being in force. Section 36(2) Where a project ("an eligible development project as described in the Act;") in a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") involves the purchase of equipment, such equipment shall remain for the exclusive use of that constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") . Section 36(3) All fixed and movable assets, including equipment bought under this Act for use by the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall be the property of the Board ("the National Government Constituencies Development Fund Board established under;") and shall be insured in the name of the Board ("the National Government Constituencies Development Fund Board established under;") . Section 36(4)(a) shall bear the name and number of the Constituency as delineated by the Independent Electoral and Boundaries Commission; and Section 36(4)(b) equipment bought for public institutions shall remain in the exclusive use of those institutions. Section 36(5) No asset or equipment acquired under this section shall be disposed of without prior approval of the Board ("the National Government Constituencies Development Fund Board established under;") . Section 36(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 ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") from whose funds the asset was acquired and such funds shall be reflected and declared as part of the following year's constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") fund for that constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") . [Act No. 24 of 2022 , s. 15.]
Section 36Verify source
§ 37IMPLEMENTATION OF PROJECTS - 37. Procurement of services and worksProvision

Works and services relating to projects under this Act must be procured in accordance with the Public Procurement and Disposal Act, 2005 (Cap. 412A).

Section 37. 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 Disposal Act, 2005 ( Cap. 412A ).
Section 37Verify source
§ 38IMPLEMENTATION OF PROJECTS - 38. Record of receipts and disbursementProvision

Record of receipts and disbursement is to be tabled at a meeting of the Constituency Committee (a National Government Constituency Development Fund Committee established under (1)).

Section 38. Record of receipts and disbursement Section table such record at a meeting of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") ; and
Section 38Verify source
§ 39IMPLEMENTATION OF PROJECTS - 39. Records of disbursement to be keptProvision

The Board must keep and update every month accurate records of all project disbursements to every constituency; 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 39. Records of disbursement to be kept Section 39(1) An accurate record of all disbursements made for projects to every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall be kept and updated every month by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 39(2) The disbursement of funds to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") 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 ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") and thereafter the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") fund account shall be replenished in three equal instalments at the beginning of the second, third and fourth quarters of the financial year. Section 39(3) The Chairperson ("the Chairperson of the Board appointed under(3);") of the Board ("the National Government Constituencies Development Fund Board established under;") shall submit an annual report on the activities, operations and expenditure under the Act. Section 39(4) At the end of every financial year the Board ("the National Government Constituencies Development Fund Board established under;") shall submit separate accounts of the constituencies and the Board ("the National Government Constituencies Development Fund Board established under;") to the Auditor-General.
Section 39Verify source
§ 40IMPLEMENTATION OF PROJECTS - 40. Project fundingProvision

The Board must ensure that approved lists of constituency projects are funded in accordance with the Act.

Section 40. Project funding Section The Board ("the National Government Constituencies Development Fund Board established under;") shall ensure that the list of projects forwarded to it by each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") is, upon approval, funded in accordance with the Act.
Section 40Verify source
§ 41IMPLEMENTATION OF PROJECTS - 41. Community initiative to be eligibleProvision

Projects initiated by a community are eligible for support under the Act if they are submitted with other projects and conform to the Act's requirements.

Section 41. Community initiative to be eligible Section 41(1) Projects initiated by a community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") 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 41(2) Pursuant to subsection (1), a community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") shall, maintain an elected committee to represent the interests of that community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") during and after the implementation of the project ("an eligible development project as described in the Act;") and such a committee shall conform to the requirements of this Act.
Section 41Verify source
§ 42IMPLEMENTATION OF PROJECTS - 42. Duplication of projects to be avoidedProvision

The Board (the National Government Constituencies Development Fund Board) must ensure that projects are not duplicated, especially when it is prudent to combine efforts for projects benefiting a large section of a community that traverse two or more constituencies.

Section 42. Duplication of projects to be avoided Section The Board ("the National Government Constituencies Development Fund Board established under;") shall ensure that no duplication of projects occur particularly where it is prudent to combine efforts on projects designed to benefit a large section of a community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") which traverses two or more Constituencies.
Section 42Verify source

Part VII

THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES

§ 43THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES - 43. National Government Constituency DevelopmentFundCommitteeProvision

Establishes a Constituency Committee for each constituency, sets membership composition and selection, requires Board to submit selected names and regulations to the National Assembly for approval, sets meeting, quorum and term rules, custody of records, vacancy filling timelines, and removal procedures.

Section 43. National Government Constituency DevelopmentFundCommittee Section 43(1) There is established a National Government Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Committee for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") . Section 43(2)(a) the national government official responsible for co-ordination of national government functions; Section 43(2)(b) three men each nominated in accordance with subsection (3), one of whom shall be a youth ("a person who has attained the age of eighteen years but has not attained the age of thirty-five years") at the date of appointment; Section 43(2)(c) three women nominated in accordance with subsection (3), one of whom shall be a youth ("a person who has attained the age of eighteen years but has not attained the age of thirty-five years") at the date of appointment; Section 43(2)(d) one persons with disability nominated by a registered group representing persons with disabilities in the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in accordance with subsection (3); Section 43(2)(e) deleted by ActNo. 21 of 2023, s. 9 ; Section 43(2)(f) the officer of the Board ("the National Government Constituencies Development Fund Board established under;") seconded to the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") by the Board ("the National Government Constituencies Development Fund Board established under;") who shall be an ex officio member without a vote. Section 43(2)(g) one member co-opted by the Board ("the National Government Constituencies Development Fund Board established under;") in accordance with Regulations made by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 43(3) The seven persons referred to in subsection (2)(b), (c), (d) and (e) shall be selected in such manner and shall have such qualifications as the Board ("the National Government Constituencies Development Fund Board established under;") may, by Regulations, prescribe. Section 43(4) The names of the persons selected under subsection (3) shall be submitted by the Board ("the National Government Constituencies Development Fund Board established under;") to the National Assembly for approval before appointment and gazettement by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 43(5) The Regulations made under subsection (3) shall be submitted to the National Assembly for approval before publication by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 43(6) The first meeting of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall be convened by the officer of the Board ("the National Government Constituencies Development Fund Board established under;") seconded to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") within one hundred and twenty days from the date of the holding of a general election as contemplated in Article 101(1) of the Constitution. Section 43(7) The quorum of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall be one half of the total membership. Section 43(8) The term of office of the members of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall be two years and shall be renewable but shall expire upon the appointment of a new Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") in the manner provided for in the Act, or as may be approved by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 43(9) The Fund ("the National Government Constituencies Development Fund established under(1);") account manager seconded by the Board ("the National Government Constituencies Development Fund Board established under;") to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall be the custodian of all records and equipment of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") during the term of Parliament and during transitions occasioned by general elections or a by-election. Section 43(10) Whenever a vacancy occurs in the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") by reason of resignation, incapacitation or demise of a member the vacancy shall be filled from the same category of persons where the vacancy has occurred within a period of one hundred and twenty days. Section 43(11) The Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall meet at least six times in a year but the committee shall not hold more than twenty-four meetings in the same financial year, including sub-committee meetings. Section 43(12) Deleted by ActNo. 24 of 2022, s. 16 (c). Section 43(13)(a) lack of integrity; Section 43(13)(b) gross misconduct; Section 43(13)(c) embezzlement of public funds; Section 43(13)(d) bringing the committee into disrepute through unbecoming personal public conduct; Section 43(13)(e) promoting unethical practises; Section 43(13)(f) causing disharmony within the committee; Section 43(13)(g) physical or mental infirmity. Section 43(14) A decision to remove a member under subsection (13) 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 43(15) A vacancy arising as a result of the removal of a member under subsection (13) shall be filled in the manner set out in subsection (10) and minutes of the meeting shall indicate the fact of the removal or appointment of a member. [Act No. 24 of 2022 , s. 16, Act No. 21 of 2023 , s. 9.]
Section 43Verify source
§ 44THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES - 44. Dissolution ofConstituency CommitteeProvision

The Board may suspend a Constituency Committee on receiving a petition, must consider and hear members on the petition, and must dissolve the Committee if satisfied there are sufficient grounds.

Section 44. Dissolution ofConstituency Committee Section 44(1)(a) serious violation of the Constitution or any other law including a contravention of Chapter Six; Section 44(1)(b) gross misconduct, whether in performance of the member's or office holder's functions or otherwise; Section 44(1)(c) incompetence; Section 44(1)(d) bankruptcy; or Section 44(1)(e) any other cause as may be deemed justifiable. Section 44(2) On receiving a petition under subsection (1), the Board ("the National Government Constituencies Development Fund Board established under;") may suspend the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") pending the outcome of the complaint. Section 44(3) The Board ("the National Government Constituencies Development Fund Board established under;") shall, consider the petition, hear all or part of the members of the committee and where it is satisfied that the petition discloses sufficient ground for dissolution, dissolve the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") . Section 44(4) Vacancies arising as a result of the removal of all the members of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") under subsection (3) shall be filled in the manner set out in section 43 and minutes of the meeting shall indicate the fact of the removal or appointment of members.
Section 44Verify source
§ 45THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES - 45. Staff of theConstituency CommitteeProvision

The Constituency Committee may engage necessary staff (including ICT, construction and accounting expertise); those staff must assist the Committee with project monitoring, evaluation, co-ordination and record-keeping and must be paid from the Committee's administration and recurrent funds.

Section 45. Staff of theConstituency Committee Section 45(1) The Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") may engage such staff as may be necessary for execution of its functions including persons with knowledge in information and communications technology, construction and basic accounting. Section 45(2) Staff employed under subsection (1) shall assist the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") in project ("an eligible development project as described in the Act;") monitoring, evaluation, co-ordination and proper keeping of records and such staff shall be remunerated from the funds allocated for administration and recurrent expenses of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") .
Section 45Verify source
§ 46THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES - 46. Cost estimates to be realisticProvision

Committees may consult government departments or registered private practitioners to ensure project cost estimates are realistic; the Constituency Committee must rank projects in order of priority.

Section 46. Cost estimates to be realistic Section 46(1) The Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Committee may make appropriate consultations with the relevant Government departments or legally procured government registered private practitioners to ensure that cost estimates for the projects are realistic. Section 46(2) The Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall rank the projects in order of priority and whenever, in the opinion of the Board ("the National Government Constituencies Development Fund Board established under;") , the total cost of the projects listed exceed the ceiling for a particular constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") , 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. [Act No. 24 of 2022 , s. 17.]
Section 46Verify source
§ 47THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES - 47. Projects involving personal awards to be excludedProvision

Any eligible development project (or part of it) that involves personal awards to any person, whether in cash or in kind, must be excluded from the list of projects submitted under section 27 of the Act.

Section 47. Projects involving personal awards to be excluded Section A project ("an eligible development project as described in the Act;") or any part thereof which involves personal awards to any person whether in cash or in kind, shall be excluded from the list of projects submitted in accordance with section 27 of the Act.
Section 47Verify source
§ 48THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES - 48. Social security programmes, etc to be considered as development projectsProvision

Funding for social security programmes, education bursaries, mock examinations and continuous assessment tests shall be treated as development projects but such projects must not receive more than forty per centum of the constituency's total allocated funds in any financial year.

Section 48. Social security programmes, etc to be considered as development projects Section The funding of social security programmes, education bursary schemes, mock examinations and continuous assessment tests shall be considered as development projects for the purposes of the Act provided that such projects shall not be allocated more than forty per centum of the total funds allocated for the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in any financial year. [Act No. 21 of 2023 , s. 10.]
Section 48Verify source
§ 48ATHE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES - 48A. Education Bursary Schemes and Education DaysProvision

A Constituency Committee must allocate funds for education bursary schemes, education days, teaching and learning activities and other learners' social support programmes; the Board must, in consultation with the Committee, provide guidelines for implementing this section.

Section 48A. Education Bursary Schemes and Education Days Section 48A(1) Notwithstanding section 48 , a Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall, with the approval of the Board ("the National Government Constituencies Development Fund Board established under;") , allocate funds to cater for education bursary schemes and education days, teaching and learning activities and other learners’ social support programmes. Section 48A(2) The Board ("the National Government Constituencies Development Fund Board established under;") shall in consultation with the Committee provide guidelines on the implementation of this section. [Act No. 24 of 2022 , s. 18, Act No. 21 of 2023 , s. 11.]
Section 48AVerify source
§ 49THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES - 49. Counter-part funding to be permittedProvision

The Board may consider part-funding a project financed from sources other than the Fund, provided other financiers or donors do not object and the Fund's allocation is directed to a defined unit, part or phase to ensure completion of that portion.

Section 49. Counter-part funding to be permitted Section For the purposes of this Act, the Board ("the National Government Constituencies Development Fund Board established under;") may consider part funding of a project ("an eligible development project as described in the Act;") financed from sources other than the Fund ("the National Government Constituencies Development Fund established under(1);") so long as the other financiers or donors of that project ("an eligible development project as described in the Act;") have no objection and provided that the part funding for the project ("an eligible development project as described in the Act;") availed pursuant to this Act shall go to a defined unit or any part thereof or phase of the project ("an eligible development project as described in the Act;") in order to ensure that the particular portion defined in the allocation is completed with the funds allocated under this Act.
Section 49Verify source

Part VIII

NATIONAL ASSEMBLY SELECT COMMITTEE

§ 50NATIONAL ASSEMBLY SELECT COMMITTEE - 50. Establishment of the National Assembly Select CommitteeProvision

The National Assembly must establish a Select Committee on the National Government Constituencies Development Fund with a chairperson and up to eighteen other Assembly members; the Assembly must ensure proportionate party representation; the Committee has various oversight duties, must submit reports every two years, and its members serve three-year renewable terms.

Section 50. Establishment of the National Assembly Select Committee Section 50(1) The National Assembly shall, in accordance with its Standing Orders, establish a Select Committee on the National Government Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") consisting of a chairperson and not more than eighteen other members of the National Assembly. Section 50(2) In determining the membership of the National Assembly Committee ("the National Assembly Select Committee established in accordance with;") , the National Assembly shall ensure proportionate representation of the Parliamentary political parties. Section 50(3) The term of office of the members of the National Assembly Committee ("the National Assembly Select Committee established in accordance with;") 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 50(4) The procedures and rules for the operations of the National Assembly Committee ("the National Assembly Select Committee established in accordance with;") shall be governed by the Standing Orders of the National Assembly. Section 50(5)(a) 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 ("the National Government Constituencies Development Fund established under(1);") in accordance with section 4 of the Act; Section 50(5)(b) to oversee the policy framework and legislative matters that may arise in relation to the Fund ("the National Government Constituencies Development Fund established under(1);") ; Section 50(5)(c) to continually review the framework set out for the efficient delivery of development programmes financed through the Fund ("the National Government Constituencies Development Fund established under(1);") ; Section 50(5)(d) to consider and report to the National Assembly, with recommendations, names of persons required to be approved by the National Assembly under this Act; and Section 50(5)(e) to carry out any other functions relevant to the work of the Fund ("the National Government Constituencies Development Fund established under(1);") . Section 50(6) The National Assembly Committee ("the National Assembly Select Committee established in accordance with;") may make reports other than the statutory report stated in subsection 5(d) to appraise the National Assembly on various matters relating to the Fund ("the National Government Constituencies Development Fund established under(1);") and to seek various approvals as required by the Act.
Section 50Verify source
§ 51NATIONAL ASSEMBLY SELECT COMMITTEE - 51. Quarterly reports on projects and disbursementsProvision

The National Assembly Select Committee must consider the reports received from the Board under subsection (1) and table a report to the National Assembly within fourteen days of receipt.

Section 51. Quarterly reports on projects and disbursements Section 51(1)(a) a summary of the project ("an eligible development project as described in the Act;") proposals received from the constituencies in the preceding quarter and indicating the approval status of such projects; Section 51(1)(b) a summary of the status of disbursements of funds to the constituencies for that preceding quarter; Section 51(1)(c) a summary of the status of disbursements from the Treasury to the National Account; and Section 51(1)(d) any restriction imposed on a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") account in accordance with the Act. Section 51(2) The National Assembly Committee ("the National Assembly Select Committee established in accordance with;") shall consider the reports received from the Board ("the National Government Constituencies Development Fund Board established under;") under subsection (1) and table a report to the National Assembly within fourteen days of the receipt of the reports. [Act No. 39 of 2016 , s. 9.]
Section 51Verify source
§ 52NATIONAL ASSEMBLY SELECT COMMITTEE - 52.RepealedRepeal

Section 52.Repealed

Section 52.Repealed Section Repealed by ActNo. 21 of 2023, s. 12.
Section 52Verify source
§ 53NATIONAL ASSEMBLY SELECT COMMITTEE - 53.RepealedRepeal

Section 53 is repealed by Act No. 21 of 2023, s. 13.

Section 53.Repealed Section Repealed by ActNo. 21 of 2023, s. 13.
Section 53Verify source
§ 53ANATIONAL ASSEMBLY SELECT COMMITTEE - 53A.RepealedRepeal

Section 53A has been repealed by Act No. 21 of 2023, s. 14.

Section 53A.Repealed Section Repealed by ActNo. 21 of 2023, s. 14.
Section 53AVerify source

Part X

PROVISIONS ON DELEGATED POWERS

§ 57PROVISIONS ON DELEGATED POWERS - 57. RegulationsInterpretation

The National Government Constituencies Development Fund Board may make regulations to carry the Act into effect.

Section 57. Regulations Section 57(1) The Board ("the National Government Constituencies Development Fund Board established under;") may make Regulations for better carrying into effect the provisions of this Act. Section 57(2)(a) the purpose and objective of the delegation under this section is to enable the Board ("the National Government Constituencies Development Fund Board established under;") to make Regulations for better carrying into effect the provisions of this Act; Section 57(2)(b) the authority of the Board ("the National Government Constituencies Development Fund Board established under;") to make Regulations under this Act will be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; and Section 57(2)(c) the Statutory Instruments Act ( Cap. 2A ); Section 57(2)(c)(i) the Statutory Instruments Act ( Cap. 2A ); Section 57(2)(c)(ii) the Interpretation and General Provisions Act ( Cap. 2 ); Section 57(2)(c)(iii) the general rules of international law specified under Article 2(5) of the Constitution; and Section 57(2)(c)(iv) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution. Section 57(3)(a) the manner of selection of, and the qualification of members of the Constituency Committees; Section 57(3)(b) the procedure for appointment and removal of members of the project ("an eligible development project as described in the Act;") management committees; Section 57(3)(c) the Forms to be used in application for the Fund ("the National Government Constituencies Development Fund established under(1);") for various purposes; and Section 57(3)(d) the eligibility criteria for funding of social security programmes.
Section 57Verify source

Part XI

TRANSITIONAL PROVISIONS

§ 58TRANSITIONAL PROVISIONS - 58. Transitional provisionsCommencement

Section 58 sets transitional rules at the Act's commencement: it defines "commencement day", transfers assets, rights, powers and liabilities from the former Constituencies Development Fund Board to the new Board, treats prior references and estimates as applying to the new Board, preserves prior administrative directions, continues employees in their roles and members/the chief executive officer until their existing terms end, and declares the Fund under section 4 to be the successor to the old Fund.

Section 58. Transitional provisions Section 58(1) In this section— "commencement day" means the date when this Act comes into operation. Section 58(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 Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") established under the Constituencies Development Act ( Cap. 414 ), shall by virtue of this subsection, vest in the Board ("the National Government Constituencies Development Fund Board established under;") . Section 58(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 Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") established under the Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Act ( Cap. 414 ) shall be deemed to be vested, imposed or enforceable against the Board ("the National Government Constituencies Development Fund Board established under;") . Section 58(4) Any reference in any written law or in any document or instrument to the Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") established under the Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Act ( Cap. 414 ) shall, on and after the commencement day, be construed to be a reference to the Board ("the National Government Constituencies Development Fund Board established under;") . Section 58(5) The annual estimates of the Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") established under the Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Act ( Cap. 414 ), for the financial year in which the commencement day occurs shall be deemed to be the annual estimates of the Board ("the National Government Constituencies Development Fund Board established under;") for the remainder of that financial year. Section 58(6) The administrative directions made by the Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") established under the Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Act ( Cap. 414 ) or by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") 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 ("the National Government Constituencies Development Fund Board established under;") or the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") under this Act. Section 58(7) Any person who is an officer or employee of the Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") established under the Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Act ( Cap. 414 ) immediately before the commencement date of this Act shall be an officer or employee of the Board ("the National Government Constituencies Development Fund Board established under;") in the same capacity and on the same terms he or she was serving before the enactment of this Act. Section 58(8) The members of the Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") established under the Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Act ( Cap. 414 ) and the chief executive officer ("the chief executive officer of the Board appointed under;") shall continue in office as members of the Board ("the National Government Constituencies Development Fund Board established under;") and the chief executive officer ("the chief executive officer of the Board appointed under;") respectively until the expiry of their existing terms. Section 58(9) The Fund ("the National Government Constituencies Development Fund established under(1);") established under section 4 of this Act shall be the successor to the Constituencies Development Fund established by section 4 of the Constituencies Development Fund Act ( Cap. 414 ).
Section 58Verify source

Legislative relationships

7 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

4 instruments

  • Attorney-General to commence arbitration. Section 56(5) Subject to this Act

    Section 56

  • Constituencies Development Fund Act

    Section 58

  • Fund (the National Government Constituencies Development Fund). Section 3. Objects of the Act

    Section 3

  • Fund and which is assuming the responsibility of implementing a project funded under the Act

    Sections 9, 36

N–S

3 instruments

  • National Assembly. Section 50(5)(a) to oversee the implementation of this Act

    Section 50

  • Public Procurement and Disposal Act, 2005

    Section 37

  • Revenue Act

    Section 4

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