LAPSSET Corridor Development Authority Order

Sets rules for Board meetings: number and spacing of meetings, location restrictions, quorum, who presides, voting rules, co-option of advisers, and the Board's power to set dates and procedures.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 58 of 2013
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

Sets rules for Board meetings: number and spacing of meetings, location restrictions, quorum, who presides, voting rules, co-option of advisers, and the Board's power to set dates and procedures. The section lists the circumstances under which a members office becomes vacant and authorises the President to appoint a replacement. The Board must appoint a Director-General; the Director-General holds office for a five-year term and may be re-appointed for another five-year term based on performance. The Directorate of transport infrastructure is responsible for infrastructure development for railways, port, road and airports including fishing ports and sites. Section 14 establishes that board committees may inquire into and advise the Board on Authority functions, may exercise delegated powers or functions, shall consist of a Chairperson and other persons chosen by the Board based on competence, and the Board may require committees to act jointly or in cooperation with other committees or agencies.

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Provisions of LAPSSET Corridor Development Authority Order

Showing 24 of 24

Part II

ESTABLISHMENT

10
ESTABLISHMENT - 10. Meetings of the Board

Sets rules for Board meetings: number and spacing of meetings, location restrictions, quorum, who presides, voting rules, co-option of advisers, and the Board's power to set dates and procedures.

Section 10. Meetings of the Board Section 10(1) The Board shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting. Section 10(2) A meeting of a Board shall be held on such date and at such time as the Board shall decide or, in the absence of such decision or on any occasion on which the Chairperson in consultation with the chief executive officer shall decide that a meeting is necessary, on a date and at a time determined by the Chairperson. Section 10(3) No meeting of a Board shall be held at any place other than the registered or principal office of the Authority except with the prior written approval of the Committee. Section 10(4) Unless three-quarters of the total membership of a Board otherwise agree, at least fourteen days’ written notice of every meeting of a Board shall be given to every member of the Board. Section 10(5) The quorum for the conduct of business at a meeting of a Board shall be two-thirds of the total number of members of a Board or the number nearest to but not less than two-thirds. Section 10(6) The Chairperson of the Board shall preside at all meetings of the Board but in the absence of the Chairperson the members present shall appoint one of their number to preside at the meeting. Section 10(7) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of votes of the members present and in the case of an equality of votes, the Chairperson or the person presiding shall have a casting vote. Section 10(8) The Board may co-opt, for such period as it may consider necessary, not more than three persons whose assistance or advice it may require, but the persons so co-opted shall not be considered as members for the purpose of forming a quorum and shall not be entitled to vote at any meeting of the Board. Section 10(9) Subject to this Order, the Board may regulate its own procedures.
11
ESTABLISHMENT - 11. Vacancy in the Board

The section lists the circumstances under which a members office becomes vacant and authorises the President to appoint a replacement.

Section 11. Vacancy in the Board Section 11(1)(a) when a member resigns by giving notice in writing to the President, which notice shall take effect on the date specified in the notice, and, where no date is specified, on the date of receipt of the notice by the President; Section 11(1)(b) when the appointment is revoked by the President; Section 11(1)(c) becomes insolvent or enters into a scheme of arrangement for the benefit of his or her creditors; Section 11(1)(c)(i) becomes insolvent or enters into a scheme of arrangement for the benefit of his or her creditors; Section 11(1)(c)(ii) is convicted of any offence by a court of competent jurisdiction; Section 11(1)(c)(iii) is incapacitated by reason of infirmity of body or mind; Section 11(1)(c)(iv) is absent from three consecutive meetings of the Board without the leave of the Chairperson; Section 11(1)(c)(v) is otherwise unable or unfit to discharge the functions of the Board; or Section 11(1)(c)(vi) dies. Section 11(2) Where the office of the Chairperson of the Board or a member of the Board becomes vacant under this paragraph, the President may appoint another person possessing the qualifications under paragraph 7.
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ESTABLISHMENT - 12. Director-General

The Board must appoint a Director-General; the Director-General holds office for a five-year term and may be re-appointed for another five-year term based on performance.

Section 12. Director-General Section 12(1) There shall be a Director-General of the Authority who shall be appointed by the Board on such terms and conditions of service as the Board may approve. Section 12(2)(a) is a citizen of Kenya; Section 12(2)(b) holds at least a masters degree from a university recognized in Kenya; Section 12(2)(c) has at least ten years experience at senior corporate management level; and Section 12(2)(d) meets the requirements of Chapter Six of the Constitution. Section 12(3)(a) the day-to-day management of the affairs of the Authority; Section 12(3)(b) the management of the funds of the Authority; Section 12(3)(c) the administration of the Authority; and Section 12(3)(d) the supervision and control of the officers and other staff of the Authority. Section 12(4) Subject to the provisions of this Order, the Director-General shall hold office for a term of five years and may be re-appointed for a further term of five years based on performance.
13
ESTABLISHMENT - 13. Establishment of Directorates

The Directorate of transport infrastructure is responsible for infrastructure development for railways, port, road and airports including fishing ports and sites.

Section 13. Establishment of Directorates Section Directorate of transport infrastructure responsible for infrastructure development for railways, port, road and airports including fishing ports and sites;
14
ESTABLISHMENT - 14. Committees of the Board

Section 14 establishes that board committees may inquire into and advise the Board on Authority functions, may exercise delegated powers or functions, shall consist of a Chairperson and other persons chosen by the Board based on competence, and the Board may require committees to act jointly or in cooperation with other committees or agencies.

Section 14. Committees of the Board Section 14(1)(a) to inquire into and advise the Board on any matter concerning the functions of the Authority, as the Board may consider necessary; and Section 14(1)(b) to exercise the powers or perform functions of the Authority, as the Board may delegate or refer to the committee. Section 14(2) A committee appointed under subparagraph (1) shall consist of a Chairperson and other persons, whether members of the Board or not, as the Board may determine based on competence requirements. Section 14(3) The Board may require a committee appointed under this paragraph to act jointly or in cooperation with any other committee or agency of the Authority.
15
ESTABLISHMENT - 15. Delegation by the Board

The Board may, by resolution, delegate any of its powers or functions to a committee or to any member, officer, employee or agent of the Authority.

Section 15. Delegation by the Board Section The Board may, by resolution either generally or in any particular case delegate to any committee of the Board or to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the performance of any of its functions or duties.
16
ESTABLISHMENT - 16. Common seal

The common seal of the Board must be authenticated by the signature of the Director-General and Corporation Secretary; documents executed under the section bind the Board and its successors and may be varied or discharged as executed.

Section 16. Common seal Section 16(1)(a) where they are required to be under seal, if sealed with the common seal of the Board; and Section 16(1)(b) where they are not required to be under seal, if executed in that behalf by a member authorized by the Board for that purpose. Section 16(2) The common seal of the Board shall be authenticated by the signature of the Director-General and Corporation Secretary. Section 16(3) A deed, instrument, contract or other document executed in accordance with paragraph (1)(a) or (b) shall bind the Board and its successors and may be varied or discharged in the same manner as that in which it was executed.
17
ESTABLISHMENT - 17. Protection from liability

Members of the Board and Authority officers, employees or servants are not personally liable for acts done in good faith on Board direction or in performing duties or powers under the Order; expenses of related suits may be paid from the Authority's general fund if a court finds the acts were in good faith, unless recovered in suit.

Section 17. Protection from liability Section 17(1) A member of the Board, any officer, employee or servant of the Authority shall not be personally liable for an act which is done in good faith by such person, on the direction of the Board or in the performance of any duty or in the exercise of any power under this Order. Section 17(2) Any expenses incurred by any person referred to in subparagraph (1) in any suit or prosecution brought against him before any court in respect of any act which is done or purported to be done by him under this Order on the direction of the Board shall, if the court holds that such act was done in good faith be paid out of the general fund of the Authority, unless such expenses are recovered by him in such suit or prosecution.
18
ESTABLISHMENT - 18. Liability for damages

The Authority remains liable to pay compensation or damages to any person for injuries to that person or their interests caused by exercise of powers under the Order or by (partial or whole) failure of any action.

Section 18. Liability for damages Section The provisions of this Order shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to that person or his interests caused by the exercise of any power conferred by this Order or by failure, whether wholly or partially, of any action.
19
ESTABLISHMENT - 19. Staff

The Authority may employ officers, staff or agents it considers necessary.

Section 19. Staff Section The Authority may employ such officers and other staff or agents as it considers necessary for the discharge of its functions and duties under this Order, upon such terms and conditions of service as the Board may, in consultation with the Treasury, determine.
20
ESTABLISHMENT - 20. Remuneration of the Board

The Authority must pay remuneration, fees, allowances and other reimbursement to staff and members of the Board in accordance with guidelines issued by the Committee.

Section 20. Remuneration of the Board Section The Authority shall pay such remuneration, fees, allowances and such other reimbursement to staff and members of the Board based on existing guidelines issued by the Committee from time to time.
3
ESTABLISHMENT - 3. Establishment

Establishes the LAPSSET Corridor Development Authority and lists powers including suing and being sued; acquiring and disposing of property; borrowing or lending money; entering into contracts; and performing other necessary acts.

Section 3. Establishment Section 3(1) There is established an authority to be known as LAPSSET Corridor Development Authority. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing or lending money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) performing such other things or acts necessary for the proper performance of the functions of the Authority under the Order and which may lawfully be done or performed by a body corporate.
4
ESTABLISHMENT - 4. Headquarters

The headquarters of the Authority shall be in Nairobi; field offices are in Lamu, Isiolo, Lokichogio, Marsabit and Moyale.

Section 4. Headquarters Section The headquarters of the Authority shall be in Nairobi with field offices in Lamu, Isiolo, Lokichogio, Marsabit and Moyale.
5
ESTABLISHMENT - 5. Board of the Authority

The Board consists of a Chairperson (appointed by the President), specified Principal Secretaries, and the Director-General who is Secretary; certain Principal Secretaries may in writing designate a senior officer to represent them as alternate members.

Section 5. Board of the Authority Section 5(1)(a) a Chairperson who shall be appointed by the President; Section 5(1)(b) Principal Secretary for the time being responsible for the matters relating to the office of the president Section 5(1)(c) Principal Secretary for the time being responsible for matters relating to finance; Section 5(1)(d) Principal Secretary for the time being responsible for matters relating to energy; Section 5(1)(e) Principal Secretary for the time being responsible for matters relating to transport; Section 5(1)(f) Principal Secretary for the time being responsible for tourism; Section 5(1)(g) finance; Section 5(1)(g)(i) finance; Section 5(1)(g)(ii) law; Section 5(1)(g)(iii) management; Section 5(1)(g)(iv) project management; and Section 5(1)(g)(v) international trade; Section 5(1)(h) Director-General of the Authority who shall be Secretary to the Board. Section 5(2) The members referred to in subparagraph (1)(b), (c), (d), (e), and (f) may, in writing designate a senior officer to represent them on the Board as alternate members.
6
ESTABLISHMENT - 6. Term of office

A Board member (not an ex officio member) appointed under paragraph 5 must serve for a term of three years.

Section 6. Term of office Section The Board member other than an ex officio member, appointed under paragraph 5 shall serve for a term of three years and may be re-appointed for a further term of three years based on performance.
7
ESTABLISHMENT - 7. Qualifications for appointment

Appointment requires holding a degree from a university recognized in Kenya.

Section 7. Qualifications for appointment Section holds a degree from a university recognized in Kenya;
8
ESTABLISHMENT - 8. Functions of the Authority

The Authority must plan, co-ordinate and sequence LAPSSET Corridor projects in collaboration with implementing ministries and agencies.

Section 8. Functions of the Authority Section plan, co-ordinate and sequence LAPSSET Corridor projects in collaboration with implementing ministries and agencies;
9
ESTABLISHMENT - 9. Powers of the Board

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

Section 9. Powers of the Board Section manage, supervise and administer the assets of the Authority in such a manner as best promotes the purpose for which the Authority is established;

Part III

FINANCIAL PROVISIONS

21
FINANCIAL PROVISIONS - 21. Funds of the Authority

Funds of the Authority means moneys appropriated by Parliament for the purposes of the Authority.

Section 21. Funds of the Authority Section moneys appropriated by Parliament for the purposes of the Authority;
22
FINANCIAL PROVISIONS - 22. Financial year

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

Section 22. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.
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FINANCIAL PROVISIONS - 23. Annual estimates

The Board must cause estimates of revenue and expenditure to be prepared at least three months before each financial year begins.

Section 23. Annual estimates Section 23(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure for that year. Section 23(2)(a) the payment of the salaries, allowances and other charges in respect of the members of the Board and the staff of the Authority; Section 23(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Authority; Section 23(2)(c) the proper maintenance of the buildings and ground of the Authority; Section 23(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Authority; and Section 23(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may consider necessary. Section 23(3) The annual estimates shall be submitted to the Board for approval before the commencement of the financial year to which they relate provided that once approved, the sum provided in the estimate shall not be increased without consent of the Board. Section 23(4) No expenditure shall be incurred for the purposes of the Authority except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of an authorization by the Board.
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FINANCIAL PROVISIONS - 24. Accounts and audit

The Board must keep proper books and records of the Authority’s accounts; the Auditor-General must report on audits within six months after the financial year and may inspect accounts at least once every six months or whenever necessary.

Section 24. Accounts and audit Section 24(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Authority. Section 24(2)(a) a statement of income and expenditure during that year; and Section 24(2)(b) a statement of the assets and liabilities of the Authority on the last day of the financial year. Section 24(3) The accounts of the Authority shall be audited in accordance with the Public Audit Act (Cap. 412B) and the Public Financial Management Act (Cap. 412A). Section 24(4) Within a period of six months after the end of the financial year, the Auditor-General shall report on the examination and audit of the accounts of the Authority to the Board and to the President. Section 24(5) Nothing in this Order shall be construed to prohibit the Auditor-General from carrying out an inspection of the Authority’s accounts or records whenever it appears to the Auditor-General necessary to do so and the Auditor-General shall carry out such an inspection at least once every six months.
25
FINANCIAL PROVISIONS - 25. Investment of funds

The Board may invest Authority funds not immediately required in securities approved by the National Treasury, and may place money not immediately required on deposit with banks it determines.

Section 25. Investment of funds Section 25(1) The Board may invest any of the funds of the Authority which are not immediately required for its purposes in such securities as the National Treasury may, from time to time, approve. Section 25(2) The Board may place on deposit with such bank or banks as it may determine any money not immediately required for the purposes of the Authority.

Part IV

GENERAL PROVISIONS

26
GENERAL PROVISIONS - 26. Reports

The Board must prepare and submit an annual report to the President within three months after each financial year; the President must cause quarterly reports to be submitted to the National Assembly.

Section 26. Reports Section 26(1) The Board shall, within three months after the end of each financial year, prepare and submit to the President a report of the operations of the Authority for the immediately preceding financial year. Section 26(2) The annual report shall be laid before the National Assembly within three months of the day the National Assembly sits after the report is presented to the President. Section 26(3) The President shall cause the submission of quarterly reports on the activities of the Authority before the National Assembly.

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