Kenya Industrial Research and Development Institute Act

The Act may be cited as the Kenya Industrial Research and Development Institute Act.

Defines "technology" as "the application of knowledge to meet the goals, goods and services for sustainable development" and "innovation" as "doing something new to improve a product, process or service;", and refers to model, utility model or industrial design as within the meaning of the Industrial Property Act (Cap. 509).

Establishes the Kenya Industrial Research and Development Institutes.

Sets qualifications and composition requirements for directors and members, including degree, experience, minimum senior-management service, recent non-employment with the Institute, Chapter Six compliance, disqualifying conditions, and gender/regional/youth and disability representation.

The Board determines the organisation’s mission, vision, purpose and core values.

The Board has powers including borrowing (with consultation and approval conditions), receiving and disbursing grants, monitoring and evaluating the Institute, appointing/disciplining/removing employees, delegating powers, and doing incidental acts related to its functions.

Board chairperson and a member appointed under section 9(1)(g) hold office for up to three years and may be reappointed for one further term up to three years.

The Board must ensure that any member accused of an offence under the Constitution or other written law vacates office to allow investigations.

Section title: "Vacancy of office"

When a vacancy occurs on the Board, the appointing authority must appoint a new member.

The Board must have its business and affairs conducted in accordance with the Schedule; the Board may regulate its own procedure; the Board may invite persons to meetings but those persons shall not have a vote.

Quorum for meetings of the Board is two-thirds of the members of the Board.

The Board may, by resolution (generally or in a particular case), delegate any of its powers or functions to a committee of the Board or to any member, officer, employee or agent of the Institute.

The chairman and members of the Board (excluding the chief executive) are entitled to be paid allowances or other remuneration from the Institute's funds, as determined by the Cabinet Secretary on the advice of the Salaries and Remuneration Commission.

There shall be a Director-General of the Institute, who must be competitively recruited and appointed by the Board; the Director-General holds office on terms determined by the Board on the advice of the Salaries and Remuneration Commission.

To be eligible for appointment as Director‑General, the person must possess a doctorate degree in a relevant field from a university recognized in Kenya.

The Director-General must be responsible to the Board for the day-to-day operations of the affairs of the Institute.

The Director-General serves for up to five years and is eligible for re-appointment for one further term of up to five years.

Section 25 concerns removal of the Director-General from office.

The Board must appoint a Corporation Secretary, on terms determined by the Board and on the advice of the Salaries and Remuneration Commission.

Corporation Secretary must hold a degree in law from a university recognized in Kenya.

The Corporation Secretary must assist the members of the Board in their duties and responsibilities.

Creates the Kenya Industrial Research and Development Institute and lists its capacities, including suing and being sued, acquiring and disposing of property, entering into contracts, borrowing and lending money, and performing other acts necessary to its functions.

The Institute's objectives include undertaking research, development and innovation (with innovation described in the text).

Section 6 lists the Institute's functions, including advising government, developing research agendas, collaborating with institutions, disseminating and commercialising research, facilitating policy implementation, establishing transfer centres and depositories, facilitating exploitation of patents and performing other related functions.

The Institute has the power to manage, control and administer its assets to promote the purposes for which it was established.

The section states the Institute's headquarters are in Nairobi, allows the Institute to establish branches anywhere in Kenya, and requires the Institute to ensure access to its services across Kenya as practicable.

Section defines the Board of Directors of the Institute and lists its members, including a chairperson who shall be appointed by the President and the Director-General of the Institute.

The Board may award inventors/innovators bonuses or financial participation in profits; the Institute may apply for patents and is to be regarded as the assignee for certain IP Acts.

Rights to inventions or innovations made by the Institute for or on behalf of another person or entity vest in the Institute, unless there is an agreement to the contrary.

The Institute may withhold information on intellectual property that is not required in corporate intent statements, annual reports, or financial statements, and such information may be released upon request under the Access to Information Act.

Funds of the Institute are monies allocated by the National Assembly for the purposes of the Institute.

The Institute's financial year is a period of twelve months ending on 30th June each year.

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

The Board must keep proper books of account and ensure money and payments are correctly recorded and controlled; the Institute's accounts are to be audited under the Public Audit Act.

The Board must submit an annual report on the Institute's operations to the Cabinet Secretary within three months after the end of each financial year.

Chairperson or Director-General may authenticate the common seal and certain documents; Board may nominate a member to authenticate if both are absent; the Corporation Secretary must custody the seal and be accountable to the Board.

Board members and Institute officers, employees and agents are not personally liable for acts done in good faith in executing Board functions or powers.

The Cabinet Secretary responsible for industrial research and development may make regulations to carry the Act into effect, subject to limits and specified objectives.

Deletes paragraph 3 of the Fourth Schedule to the Science, Technology and Innovation Act (Cap. 511).

The Institute may vary the former Institute's annual estimates for the remainder of the financial year, subject to approval by the Cabinet Secretary responsible for industrial research and development.

Persons who were members of the former Institute immediately before this Act began must remain in office for the unexpired period of their tenure.

People who immediately before this Act began were officers or employees of the former Institute remain in office for the rest of their term; those former officers or employees are deemed officers or employees of the Institute and the Board may determine their terms of service on the advice of the Salaries and Remuneration Commission.