Kenya Act or statute

Parliament of Kenya

Kenya Industrial Research and Development Institute Act

Jurisdiction: Kenya
Structure: 43 provisions
Citation: Cap. 511A
Dates: As at 27 Dec 2024

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Dates: As at 27 Dec 2024

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“The Act may be cited as the 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.

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PRELIMINARY - 1. Short title

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

Section 1

KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 18. Quorum

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

Section 18

KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 28. Functions of the Corporation Secretary

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

Section 28

FINANCIAL PROVISIONS - 33. Financial year

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

Section 33

TRANSITIONAL PROVISIONS - 43. Staff of the former Institute

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…

Section 43

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Showing 43 of 43 provisions

Provision 34Commencement 4Interpretation 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Kenya Industrial Research and Development Institute Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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).

Section 2. Interpretation Section a technology ("the application of knowledge to meet the goals, goods and services for sustainable development") and innovation ("doing something new to improve a product, process or service;") model, utility model or industrial design within the meaning of the Industrial Property Act ( Cap. 509 );

Section 2Verify source

§ 3PRELIMINARY - 3. Objects of the ActProvision

Establishes the Kenya Industrial Research and Development Institutes.

Section 3. Objects of the Act Section the establishment of the Kenya Industrial Research and Development Institutes;

Section 3Verify source

Part II

KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE

§ 10KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 10. Qualifications of directorsProvision

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.

Section 10. Qualifications of directors Section 10(1)(a) holds a degree in a relevant field from a university recognised in Kenya; Section 10(1)(b) has proven management or other relevant professional experience; Section 10(1)(c) has served in a position of senior management for a period of at least six years; Section 10(1)(d) has not served in the Institute as an employee in the preceding five years; and Section 10(1)(e) meets the requirements of Chapter Six of the Constitution. Section 10(2)(a) is declared to be of unsound mind; Section 10(2)(b) is undischarged bankrupt; or Section 10(2)(c) has been found in accordance with any law to have misused or abused a State office or public office or in any way to have contravened the provisions of Chapter Six of the Constitution. Section 10(3)(a) not more than two-thirds of the members are of the same gender; Section 10(3)(b) the membership reflects the regional and ethnic diversity of Kenya; and Section 10(3)(c) there is representation of the youth and persons with disabilities.

Section 10Verify source

§ 11KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 11. Functions of theBoardProvision

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

Section 11. Functions of theBoard Section determine the organization’s mission, vision, purpose and core values;

Section 11Verify source

§ 12KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 12. Powers of theBoardProvision

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.

Section 12. Powers of theBoard Section 12(1)(a) in consultation with the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") and, subject to the approval of the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") responsible for matters relating to finance, borrow money for the purposes of the Institute; Section 12(1)(b) receive any grants, gifts, donations or endowments on behalf of the Institute and make legitimate disbursements therefrom; Section 12(1)(c) monitor and evaluate the Institute’s performance; Section 12(1)(d) appoint, discipline and remove employees of the Institute; Section 12(1)(e) delegate any of its powers; and Section 12(1)(f) do any other thing which is necessary or convenient to be done in connection with or incidental to its functions.

Section 12Verify source

§ 13KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 13. Tenure of officeProvision

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.

Section 13. Tenure of office Section 13(1) The chairperson and a member of the Board ("the Board of Directors of the Institute established under section;") appointed under section 9(1)(g) shall hold office for a term not exceeding three years and shall be eligible for reappointment for one other term not exceeding three years. Section 13(2) The members of the Board ("the Board of Directors of the Institute established under section;") shall be appointed at different times so that their terms of the office expire at different intervals.

Section 13Verify source

§ 14KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 14. Removal from officeOffence

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

Section 14. Removal from office Section 14(1)(a) violation of the Constitution or any other law; Section 14(1)(b) gross misconduct, whether in the performance of the member’s functions or otherwise; Section 14(1)(c) physical or mental incapacity to perform the functions of office; Section 14(1)(d) being an undischarged bankrupt; Section 14(1)(e) being convicted of a criminal offence and sentenced to a term of imprisonment exceeding six months; Section 14(1)(f) being absent from three consecutive meetings of the Board ("the Board of Directors of the Institute established under section;") without reasonable explanation; or Section 14(1)(g) incompetence or neglect of duty. Section 14(2) Notwithstanding the generality of the foregoing, the Board ("the Board of Directors of the Institute established under section;") shall ensure that any member accused to have committed an offence under the Constitution or any other written law, vacates office to pave way for investigations.

Section 14Verify source

§ 15KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 15. Vacancy of officeProvision

Section title: "Vacancy of office"

Section 15. Vacancy of office Section resigns;

Section 15Verify source

§ 16KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 16. Filling of vacanciesProvision

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

Section 16. Filling of vacancies Section Where a vacancy occurs in the membership of the Board ("the Board of Directors of the Institute established under section;") , the appointing authority shall appoint a new member in accordance with the provisions of this Act.

Section 16Verify source

§ 17KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 17. Meetings of theBoardProvision

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.

Section 17. Meetings of theBoard Section 17(1) The business and affairs of the Board ("the Board of Directors of the Institute established under section;") shall be conducted in accordance with the Schedule. Section 17(2) Without prejudice to subsection (1) , the Board may regulate its own procedure. Section 17(3) The Board ("the Board of Directors of the Institute established under section;") may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any decision of the Board ("the Board of Directors of the Institute established under section;") .

Section 17Verify source

§ 18KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 18. QuorumProvision

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

Section 18. Quorum Section The quorum at the meetings of the Board ("the Board of Directors of the Institute established under section;") shall be two-thirds of the members of the Board ("the Board of Directors of the Institute established under section;") .

Section 18Verify source

§ 19KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 19. Delegation by theBoardProvision

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.

Section 19. Delegation by theBoard Section The Board ("the Board of Directors of the Institute established under section;") may, by resolution, either generally or in any particular case, delegate to any committee of the Board ("the Board of Directors of the Institute established under section;") or to any member, officer, employee or agent of the Institute, the exercise of any of its powers or the performance of any of its functions.

Section 19Verify source

§ 20KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 20. Remuneration of directorsProvision

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.

Section 20. Remuneration of directors Section The chairman and members of the Board ("the Board of Directors of the Institute established under section;") , other than the chief executive, shall be paid out of the funds of the Institute such allowances or other remuneration as the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") may, on the advice of the Salaries and Remuneration Commission, determine.

Section 20Verify source

§ 21KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 21. Director-General of the InstituteProvision

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.

Section 21. Director-General of the Institute Section 21(1) There shall be a Director-General of the Institute who shall be competitively recruited and appointed by the Board ("the Board of Directors of the Institute established under section;") . Section 21(2) The Director-General shall hold office on such terms as the Board ("the Board of Directors of the Institute established under section;") may, on the advice of the Salaries and Remuneration Commission, determine.

Section 21Verify source

§ 22KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 22. Qualifications for appointment as the Director-GeneralProvision

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.

Section 22. Qualifications for appointment as the Director-General Section possesses a doctorate degree in a relevant field from a university recognized in Kenya;

Section 22Verify source

§ 23KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 23. Functions of the Director-GeneralProvision

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

Section 23. Functions of the Director-General Section be responsible to the Board ("the Board of Directors of the Institute established under section;") for the day-to-day operations of the affairs of the Institute;

Section 23Verify source

§ 24KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 24. Tenure of the Director-GeneralProvision

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 24. Tenure of the Director-General Section The Director-General shall hold office for a period not exceeding five years and shall be eligible for re-appointment for one further period not exceeding five years.

Section 24Verify source

§ 25KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 25. Removal of Director-General from officeProvision

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

Section 25. Removal of Director-General from office Section violation of the Constitution;

Section 25Verify source

§ 26KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 26. Corporation SecretaryProvision

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

Section 26. Corporation Secretary Section There shall be a Corporation Secretary who shall be appointed by the Board ("the Board of Directors of the Institute established under section;") on such terms as the Board ("the Board of Directors of the Institute established under section;") may, on the advice of the Salaries and Remuneration Commission, determine.

Section 26Verify source

§ 27KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 27. Qualifications of Corporation SecretaryProvision

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

Section 27. Qualifications of Corporation Secretary Section holds a degree in law from a university recognized in Kenya;

Section 27Verify source

§ 28KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 28. Functions of the Corporation SecretaryProvision

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

Section 28. Functions of the Corporation Secretary Section assist the members of the Board ("the Board of Directors of the Institute established under section;") in their duties and responsibilities;

Section 28Verify source

§ 4KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 4. Establishment of the InstituteProvision

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.

Section 4. Establishment of the Institute Section 4(1) There shall be established an institute to be known as the Kenya Industrial Research and Development Institute which shall be the successor to the Kenya Industrial Research and Development Institute specified in paragraph 3 of the Fourth Schedule to the Science, Technology and Innovation Act ( Cap. 511 ). Section 4(2)(a) suing and being sued; Section 4(2)(b) purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 4(2)(c) entering into contracts; Section 4(2)(d) borrowing and lending money; and Section 4(2)(e) doing or performing all such other things or acts necessary for the performance of its functions, and which may lawfully be done or performed by a body corporate.

Section 4Verify source

§ 5KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 5. Objectives of the InstituteProvision

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

Section 5. Objectives of the Institute Section undertake research, development and innovation ("doing something new to improve a product, process or service;") in industrial and allied technologies; and

Section 5Verify source

§ 6KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 6. Functions of the InstituteProvision

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.

Section 6. Functions of the Institute Section 6(1)(a) civil engineering; Section 6(1)(b) mechanical engineering; Section 6(1)(c) electrical engineering; Section 6(1)(d) chemical engineering; Section 6(1)(e) textile technology ("the application of knowledge to meet the goals, goods and services for sustainable development") ; Section 6(1)(f) industrial chemistry; Section 6(1)(g) food technology ("the application of knowledge to meet the goals, goods and services for sustainable development") ; Section 6(1)(h) ceramics and clay technology ("the application of knowledge to meet the goals, goods and services for sustainable development") ; Section 6(1)(i) power resources; Section 6(1)(j) mining technology ("the application of knowledge to meet the goals, goods and services for sustainable development") ; Section 6(1)(k) natural products technology ("the application of knowledge to meet the goals, goods and services for sustainable development") ; Section 6(1)(l) leather technology ("the application of knowledge to meet the goals, goods and services for sustainable development") ; Section 6(1)(m) emerging technologies; and Section 6(1)(n) building materials technology ("the application of knowledge to meet the goals, goods and services for sustainable development") . Section 6(2)(a) advise the government on all aspects of industrial research, innovation ("doing something new to improve a product, process or service;") , development, technology ("the application of knowledge to meet the goals, goods and services for sustainable development") and policy; Section 6(2)(b) develop an industrial research agenda based on indigenous technical knowledge, and contemporary and emerging issues; Section 6(2)(c) collaborate with institutions of higher learning, professional and industrial associations, government agencies and industrial research institutions to advance technology ("the application of knowledge to meet the goals, goods and services for sustainable development") , innovation ("doing something new to improve a product, process or service;") and development; Section 6(2)(d) disseminate and facilitate the application and commercialisation of research findings and technological developments; Section 6(2)(e) facilitate the implementation of government policies on industrial research and development; Section 6(2)(f) establish industrial research and technology ("the application of knowledge to meet the goals, goods and services for sustainable development") transfer centres; Section 6(2)(g) collaborate with other organisations and institutions of higher learning in the development of industrial research training programmes; Section 6(2)(h) establish and maintain an industrial technology ("the application of knowledge to meet the goals, goods and services for sustainable development") depository; Section 6(2)(ha) facilitate patents, industrial designs and utility models rights holders to commercially exploit any invention ("a new and useful process, machine, manufacture or composition of matter, living or inanimate, or any invention of discovery which may be patentable or otherwise protectable or any novel variety of plant which is or may be protectable;") or innovation ("doing something new to improve a product, process or service;") which the Institute deems fit or incidental to the achievement of its objects and performance of its functions, subjects to the terms approved by the Board ("the Board of Directors of the Institute established under section;") ; and Section 6(2)(i) perform any other function related to industrial research, innovation ("doing something new to improve a product, process or service;") , technology ("the application of knowledge to meet the goals, goods and services for sustainable development") and development. [ Act No. 20 of 2024 , s. 34.]

Section 6Verify source

§ 7KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 7. Powers of the InstituteProvision

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

Section 7. Powers of the Institute Section manage, control and administer the assets of the Institute in the manner and for the purposes that best promote the purpose for which the Institute is established;

Section 7Verify source

§ 8KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 8. Headquarters of the InstituteProvision

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 8. Headquarters of the Institute Section 8(1) The headquarters of the Institute shall be in Nairobi. Section 8(2) Notwithstanding the provisions of subsection (1) , the Institute may establish branches at any place in Kenya. Section 8(3) The Institute shall ensure access to its services in all parts of Kenya to the extent that is practicable to do so.

Section 8Verify source

§ 9KENYA INDUSTRIAL RESEARCH AND DEVELOPMENT INSTITUTE - 9.Boardof Directors of the InstituteProvision

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.

Section 9.Boardof Directors of the Institute Section 9(1)(a) a chairperson who shall be appointed by the President; Section 9(1)(b) the Principal Secretary in the ministry responsible for matters relating to industrial research and development or the Principal Secretary’s representative; Section 9(1)(c) the Principal Secretary in the ministry responsible for matters relating to finance or the Principal Secretary’s representative; Section 9(1)(d) a representative of the National Commission for Science Technology and Innovation appointed by the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") ; Section 9(1)(e) a representative of the Kenya Industrial Property Institute appointed by the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") ; Section 9(1)(f) a representative of the office of the Attorney-General; Section 9(1)(g) public universities; Section 9(1)(g)(i) public universities; Section 9(1)(g)(ii) the Kenya Association of Manufacturers; Section 9(1)(g)(iii) the Consumer Federation of Kenya; and Section 9(1)(h) the Director-General of the Institute. Section 9(2) The appointment of the chairperson under subsection (1)(a) and members under subsection (1)(g) shall be by name and by notice in the Gazette . Section 9(3) The members appointed under subsection (1)(g) shall consist of persons possessing skills and competencies that may be required for the achievement of the objects of the Institute.

Section 9Verify source

Part III

INVENTIONS AND INNOVATIONS BY EMPLOYEES

§ 29INVENTIONS AND INNOVATIONS BY EMPLOYEES - 29. Award to inventor or innovatorProvision

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.

Section 29. Award to inventor or innovator Section 29(1) Where the rights to any invention ("a new and useful process, machine, manufacture or composition of matter, living or inanimate, or any invention of discovery which may be patentable or otherwise protectable or any novel variety of plant which is or may be protectable;") or innovation ("doing something new to improve a product, process or service;") have been vested in the Institute, the Board ("the Board of Directors of the Institute established under section;") may award to the inventor or innovator such bonus as it deems fit, or make provision for financial participation by the inventor or innovator in the profits derived from the invention ("a new and useful process, machine, manufacture or composition of matter, living or inanimate, or any invention of discovery which may be patentable or otherwise protectable or any novel variety of plant which is or may be protectable;") or innovation ("doing something new to improve a product, process or service;") . Section 29(2) The Institute may apply for a patent ("government authority or licence conferring a right or title for a set period especially the sole right to exclude others from making, using or selling an invention;") in respect of any invention ("a new and useful process, machine, manufacture or composition of matter, living or inanimate, or any invention of discovery which may be patentable or otherwise protectable or any novel variety of plant which is or may be protectable;") or innovation ("doing something new to improve a product, process or service;") contemplated in subsection (1) and shall, for the purposes of the Copyright Act ( Cap. 130 ), and the Industrial Property Act ( Cap. 509 ), be regarded as the assignee of the inventor or innovator of the invention or innovation.

Section 29Verify source

§ 30INVENTIONS AND INNOVATIONS BY EMPLOYEES - 30. Rights to vest in InstituteProvision

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.

Section 30. Rights to vest in Institute Section 30(1) The rights to an invention ("a new and useful process, machine, manufacture or composition of matter, living or inanimate, or any invention of discovery which may be patentable or otherwise protectable or any novel variety of plant which is or may be protectable;") or innovation ("doing something new to improve a product, process or service;") made by the Institute for or on behalf of another person or entity shall vest in the Institute unless there is an agreement to the contrary. Section 30(2) Any publication relating to work carried out on behalf of the Institute shall be published only on the approval of the Board ("the Board of Directors of the Institute established under section;") .

Section 30Verify source

§ 31INVENTIONS AND INNOVATIONS BY EMPLOYEES - 31. Withholdingintellectual propertyinformationProvision

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.

Section 31. Withholdingintellectual propertyinformation Section Any information on intellectual property ("any intangible property that is the result of creativity such as patents, copyrights, industrial designs, utility models and trademarks;") that may not be required to be included in any statement of corporate intent, annual report or financial statements by the Institute may be properly withheld and may be released upon request in accordance with the provisions of the Access to Information Act ( Cap. 7M ).

Section 31Verify source

Part IV

FINANCIAL PROVISIONS

§ 32FINANCIAL PROVISIONS - 32. Funds of the InstituteProvision

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

Section 32. Funds of the Institute Section monies allocated by the National Assembly for the purposes of the Institute;

Section 32Verify source

§ 33FINANCIAL PROVISIONS - 33. Financial yearProvision

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

Section 33. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the 30th June in each year.

Section 33Verify source

§ 34FINANCIAL PROVISIONS - 34. Annual estimatesCommencement

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.

Section 34. Annual estimates Section 34(1) At least three months before the commencement of each financial year, the Board ("the Board of Directors of the Institute established under section;") shall cause to be prepared estimates of the revenue and expenditure of the Institute for that year which shall be submitted to the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") for approval. Section 34(2)(a) the payment of salaries, allowances and other charges in respect of the employees of the Institute; Section 34(2)(b) the payment of pensions, gratuities and other charges in respect of the employees of the Institute; Section 34(2)(c) monies to fund basic and applied industrial research programmes; and Section 34(2)(d) the proper maintenance of the buildings and grounds of the Institute.

Section 34Verify source

§ 35FINANCIAL PROVISIONS - 35. Accounts and auditProvision

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.

Section 35. Accounts and audit Section 35(1) The Board ("the Board of Directors of the Institute established under section;") shall cause to be kept proper books of accounts of all the income and expenditure, assets and liabilities, undertakings, funds, activities, contracts, transactions and other business of the Institute. Section 35(2) The Board ("the Board of Directors of the Institute established under section;") shall ensure that all money received is properly brought to account, all payments out of its funds are correctly made and properly authorized and that adequate control is maintained over its assets and liabilities. Section 35(3) The accounts of the Institute shall be audited in accordance with the Public Audit Act ( Cap. 412B ).

Section 35Verify source

§ 36FINANCIAL PROVISIONS - 36. Annual reportsProvision

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.

Section 36. Annual reports Section The Board ("the Board of Directors of the Institute established under section;") shall, within three months after the end of each financial year, submit to the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") a report on the operations of the Institute for the immediately preceding financial year.

Section 36Verify source

Part V

MISCELLANEOUS PROVISIONS

§ 37MISCELLANEOUS PROVISIONS - 37. Common sealProvision

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.

Section 37. Common seal Section 37(1) The affixing of the common seal of the Institute may be authenticated by the signature of the chairperson or Director-General of the Institute. Section 37(2) A document that is not required by law to be made under seal and all decisions of the Institute may be authenticated by the signature of the chairperson or Director-General of the Institute. Section 37(3) If both the chairperson and Director-General of the Institute are absent, the Board ("the Board of Directors of the Institute established under section;") may nominate a member of the Board ("the Board of Directors of the Institute established under section;") to authenticate the common seal on behalf of the chairperson or Director-General of the Institute. Section 37(4) The Corporation Secretary shall be the custodian of the common seal of the Institute and be accountable to the Board ("the Board of Directors of the Institute established under section;") for its use.

Section 37Verify source

§ 38MISCELLANEOUS PROVISIONS - 38. Protection from personal liabilityProvision

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

Section 38. Protection from personal liability Section 38(1) No matter or thing done by a member of the Board ("the Board of Directors of the Institute established under section;") or an officer, employee or agent of the Institute shall, if the matter or thing was done in good faith in the execution of the functions or powers of the Board ("the Board of Directors of the Institute established under section;") , render the member, officer, employee or agent personally liable for any action, claim or demand whatsoever. Section 38(2) Subsection (1) shall not absolve the Institute from liability for any injury, damage or harm caused to any person or property due to any matter or thing done by a member of the Board or an officer, employee or agent of the Institute done in good faith in the execution of the functions or powers of the Board.

Section 38Verify source

Part VI

PROVISIONS ON DELEGATED POWERS

§ 39PROVISIONS ON DELEGATED POWERS - 39. RegulationsInterpretation

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

Section 39. Regulations Section 39(1)(a) prescribe the procedures to be followed in the development of research programmes; Section 39(1)(b) prescribe information management systems for the Institute; and Section 39(1)(c) prescribe anything which is required to be prescribed for the better giving effect of the provisions of this Act. Section 39(2)(a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") to make regulations for better carrying into effect the provisions of this Act; and Section 39(2)(b) the authority of the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") 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. Section 39(3)(i) the Statutory Instruments Act ( Cap. 2A ); Section 39(3)(ii) the Interpretation and General Provisions Act ( Cap. 2 ); Section 39(3)(iii) the general rules of international law as specified under Article 2(5) of the Constitution; and Section 39(3)(iv) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.

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Part VII

TRANSITIONAL PROVISIONS

§ 40TRANSITIONAL PROVISIONS - 40. Amendment ofCap. 511Amendment

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

Section 40. Amendment ofCap. 511 Section The Fourth Schedule to the Science, Technology and Innovation Act ( Cap. 511 ), is amended by deleting paragraph 3.

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§ 41TRANSITIONAL PROVISIONS - 41. Transitional mattersCommencement

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.

Section 41. Transitional matters Section 41(1) Upon commencement of this Act, all the funds, assets and other property, both movable and immovable, which immediately before such date were vested in the former Institute shall, by virtue of this subsection, vest in the Institute. Section 41(2) Upon Commencement of this Act, all rights, powers and liabilities which immediately before such day were vested in, imposed on or enforceable against the former Institute shall by virtue of this subsection, be vested in, imposed on or enforceable against the Institute. Section 41(3) Any reference in any written law or in any document or instrument to the former Institute shall, on and after the commencement of this Act, be construed to be a reference to the Institute. Section 41(4) The annual estimates of the former Institute for the financial year in which this Act comes into operation shall be deemed to be the annual estimates of the Institute for the remainder of that financial year: Provided that such estimates may be varied by the Institute in such manner as the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") may approve. Section 41(5) The administrative directions made by the former Institute or by the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") which were in force immediately before the commencement of this Act shall, on or after such day, have effect as if they were directions made by the Institute or the Cabinet Secretary ("the Cabinet Secretary responsible for matters relating to industrial research and development;") under this Act.

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§ 42TRANSITIONAL PROVISIONS - 42.Boardof the former InstituteCommencement

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

Section 42.Boardof the former Institute Section Any person who was a member of the former Institute immediately before the commencement of this Act shall remain in office for the unexpired period of that person’s tenure.

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§ 43TRANSITIONAL PROVISIONS - 43. Staff of the former InstituteCommencement

Section 43. Staff of the former Institute Section 43(1) Any person who immediately before the commencement of this Act was the chief executive officer or employee of the former Institute shall remain in office for the remaining period of his or her term of office. Section 43(2) Any person who was an officer or employee of the former Institute immediately before the commencement of this Act shall be deemed to be an officer or employee of the Institute subject to such terms of service as the Board ("the Board of Directors of the Institute established under section;") may, on the advice of the Salaries and Remuneration Commission, determine.

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Legislative relationships

5 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

3 instruments

Access to Information Act
Section 31
Act Establishes the Kenya Industrial Research and Development Institutes. Section 3. Objects of the Act
Section 3
Copyright Act
Section 29

G–M

2 instruments

Industrial Property Act
Section 2
Institute shall be audited in accordance with the Public Audit Act
Section 35

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27 Dec 2024 · currentEnglish

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