Kenya Accreditation Service Act

This Act may be cited as the Kenya Accreditation Service Act.

This section provides definitions of terms used in the Act, listing meanings for terms such as "accreditation", "accredited body", "accreditation certificate", "Service", "Board", "Chief Executive Officer", and "Tribunal".

Section 3 provides as an object to establish the Service.

Establishes the Kenya Accreditation Service and grants the Service corporate powers including entering contracts, suing and being sued, acquiring and disposing of property, borrowing and lending money, charging fees, and performing acts necessary to execute its functions.

The Service's headquarters must be in Kenya; the specific place must be designated by the Cabinet Secretary and published in the Gazette.

The Service must assess and accredit conformity assessment bodies.

The Service may establish accreditation schemes and must publish on its website information about each scheme, including requirements, fees, logo use conditions and other related matters.

Conformity assessment bodies operating in Kenya must be accredited by the Service; those seeking or holding foreign accreditation must obtain an exemption from the Service and pay a prescribed fee; foreign-accredited bodies operating in Kenya must apply to the Service for accreditation or exemption within three months of commencement of the Act.

Section 7 sets out the Board composition, selection requirements for certain members, meeting procedures including quorum and who presides, appointment publication and terms of service, and grounds for vacancy.

The Board may create committees and hire experts, and when it creates a committee it must set the committee's composition and its rules and procedures.

Accreditation Advisory Committees advise the Board on technical and scientific matters; must be objective, independent and impartial; shall consist of 3–9 members who possess relevant academic, scientific or technical expertise; members are appointed in writing by the Board on terms and conditions the Board determines; committee business is conducted as set out in the Second Schedule.

Bodies seeking accreditation must apply to the Service in the prescribed manner; the Service must process applications within sixty days, notify approved applicants and undertake an accreditation assessment, and notify declined applicants in writing with reasons.

The Service may set rules and may grant, renew or change accreditation; when it grants or changes accreditation it must notify and issue a certificate within fourteen days; when it declines, suspends or withdraws accreditation it must notify in writing with reasons within fourteen days; the Service may suspend or withdraw accreditation for breaches of its procedures.

Section 13 sets rules on accreditation certificates, the register and symbol; the Service issues and owns certificates and symbols, may impose conditions on their use, accredited bodies may use the symbol within their scope while accredited, and accredited bodies must not misrepresent their status.

An accredited body must comply with this Act and any conditions the Service prescribes, and must promptly inform the Service of changes that may affect its accreditation or operations.

The Service may suspend or withdraw accreditation for specified grounds, subject to a maximum six-month suspension; it must publish status changes within fourteen days and may act when fees are unpaid.

Establishes the Accreditation Appeals Tribunal and requires it to hear appeals from the Service and to regulate its own procedure (subject to the Third Schedule); the Cabinet Secretary competitively appoints the Chairperson from persons qualified to be High Court judges.

An accredited aggrieved body may appeal a Service decision by written notice to the Chief Executive Officer and on payment of prescribed fees within twenty-one days; the notice must state grounds; the Chief Executive Officer must forward the notice to the Accreditation Appeals Tribunal within seven days.

The Accreditation Appeals Tribunal must consider the notice of appeal and the Service's response before making an award; it may confirm, vary, direct a fresh evaluation or issue other orders (including costs); a Service decision is suspended while an appeal is pending.

A person aggrieved by an Accreditation Appeals Tribunal award may appeal to the High Court.

The Accreditation Appeals Tribunal must conduct its business and affairs as set out in the Third Schedule to this Act.

The Cabinet Secretary appoints the Chief Executive Officer on the Board's recommendation; the CEO serves a three-year term (eligible for one three-year re-appointment), is responsible for day-to-day management subject to the Board, and the Cabinet Secretary may revoke appointment on written Board recommendation and specified grounds.

The Board must appoint a Corporation Secretary; the Secretary must meet specified qualifications and has duties including being Secretary to the Board, keeping minutes, custody of the seal, and performing functions assigned by the Board or CEO; the Secretary is responsible to the Chief Executive Officer.

Section 23 lets the Service appoint additional staff, requires the Service to ensure appointments reflect ethnic, gender and regional diversity, and gives the Board the role of determining terms and conditions on recommendation from the Salaries and Remuneration Commission.

Board members and officers or agents of the Service must preserve the confidentiality of matters that come to their knowledge when performing functions or exercising powers under the Act.

Members of the Board and officers or agents of the Service are exempt from personal liability for acts or omissions done in good faith in executing the Service's powers and functions.

The common seal must be kept in the custody of the Corporation Secretary; it must not be affixed except as the Chief Executive Officer may authorize; and the seal must be authenticated by the signature of the Chief Executive Officer or any person authorized by a Board resolution.

The Service must pay remuneration and allowances to members of the Board, committees, and the Accreditation Appeals Tribunal, as approved by the Cabinet Secretary on recommendation of the Salaries and Remuneration Commission.

Establishes a General Fund for the Service, states the Fund vests in the Service, and lists possible sources (fees, grants, gifts, donations, borrowings) and uses (appropriation, meeting obligations, discharging duties).

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

The Board must prepare and approve annual estimates of the Service's revenues and expenditures before each financial year; the Service must submit those estimates to the Cabinet Secretary for approval.

The Board of the Service must keep proper books and records of account of the Service's income, expenditure, assets and liabilities in accordance with the Public Finance Management Act (Cap. 412A).

Instruments executed by or on behalf of the Service are exempt from stamp duty.

Unaccredited conformity assessment bodies must not claim accreditation or use accreditation symbols; doing so is an offence punishable by a fine up to five hundred thousand shillings.

The Cabinet Secretary has the power to make regulations to carry the Act into effect, including regulations on accreditation scope, functions of accredited conformity assessment bodies, and other matters for administering the Act.

Several transitional rules preserve existing board membership, vest existing assets and liabilities in the Service, and treat former Service employees as staff of the Service upon commencement.

Members who have an interest in a matter before the Board must disclose it at the meeting before deliberations and must not participate or be counted in the quorum; disclosures must be recorded in the minutes.