CHAPTER 351
THE STATISTICS ACT
[PRINCIPAL LEGISLATION]
arrangement of sections
part i
PRELIMINARY PROVISIONS
Section Title
1. Short title.
2. Application.
3.
Interpretation.
part ii
THE NATIONAL BUREAU OF STATISTICS AND
THE GOVERNING BOARD
(a) The National Bureau of Statistics
4. Continuation of Bureau.
5.
Integrity of Bureau.
6. Functions of Bureau.
(b) Governing Board
7. Establishment and composition of Board.
8. Functions of Board.
9. Appointment of Statistician General.
10. Termination of appointment.
11. Functions of Statistician General.
12. Acting Statistician General.
13. Other staff.
14. Oath of secrecy.
15. Authorised officers.
16. Exemption from liability.
17. National Statistical System and its coordination.
18. Mandate to collect official statistics.
19. Delegation of powers to collect official statistics.
20. Producers of official statistics.
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[CAP. 351 R.E. 2023]
part iii
COLLECTION AND DISSEMINATION OF INFORMATION
21. Decennial Population and Housing Census.
22. Collection of statistics.
23.
Joint collections.
24. Sampling.
25. Establishment of Technical Committee.
26. Principles guiding collection and dissemination of statistical information.
27. Right of Bureau to challenge Statistical information from other sources.
28. Right to challenge statistics produced by Bureau.
29. Right to publish findings.
30. Determination by Technical Committee.
31. Restriction on disclosure of information.
32. Exemption on disclosure.
33. Disclosure of unidentified information.
34. Security of recorded information.
35. Destruction of individual forms and returns.
36. Power to obtain particulars.
37. Access to public and other records.
part iv
FINANCIAL PROVISIONS
38. Funds of Bureau.
39. Estimates.
40. Accounts.
41. Audit.
42. Annual Performance Report.
part v
OFFENCES AND PENALTIES
43. Offences and penalties.
part vi
MISCELLANEOUS PROVISIONS
44. Regulations.
45. Repeal and savings.
46.
Inconsistency with other legislation.
SCHEDULES
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©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. CHAPTER 351
THE STATISTICS ACT
An Act to repeal the Statistics Act, to establish the National Bureau
of Statistics, and the Statistics Governing Board, to provide for the
coordination of the National Statistical System, and to make better
provisions in relation to their functions and for other related matters.
[2nd November, 2015]
[GN. No. 491 of 2015]
Acts Nos.
9 of 2015
8 of 2018
9 of 2019
PART I
PRELIMINARY PROVISIONS
Short title
1. This Act may be cited as the Statistics Act.
Application
2. This Act shall apply to Mainland Tanzania in all matters
specified in the Third Schedule and shall apply to Tanzania
Zanzibar in respect of population and housing census.
Interpretation
Acts Nos.
8 of 2018 ss. 21,
22
9 of 2019 s. 56
3. In this Act unless the context otherwise requires-
“agency or agencies” include research institutions, non
governmental organisations, development partners or
any other user or producer of statistics;
“authorised officer” means a person appointed as such under
section 15;
“Board” means the National Bureau of Statistics Board
established under section 7;
“Bureau” means the National Bureau of Statistics referred to
in this Act;
“census” means a statistical operation in which all units of
the population are enumerated;
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[CAP. 351 R.E. 2023]
“government institutions” includes ministries, government
local
administration
and
departments,
regional
government authorities;
“international standards” means standards or guidelines
for producing statistical information prescribed in the
African Charter on Statistics, 2009, the Fundamental
Principles of Official Statistics of the United Nations,
other standards
international
organisations and includes international best practices;
issued by recognised
“Minister” means the Minister responsible for statistics;
“national standards” means standards or guidelines for
producing statistical information issued by the Bureau;
“National Statistical System” means a system coordinated by
the Bureau which involves data providers, producers or
users of statistics, research and training institutions;
“official statistics” means statistics produced, validated,
compiled and disseminated by or under the authority of
the Bureau;
“population and housing census” means a census conducted
by Bureau under section 21;
“respondent” means any person who supplies or is required
to supply statistical information;
“return” means any book, document, form, card, tape, disc
or storage media in which the information required
is entered or recorded or is required to be entered or
recorded for statistical purposes under this Act;
“sampling” means a statistical procedure by which
information relating to a whole field of inquiring is
derived by applying statistical techniques to information
obtained in respect of a proportion of the total number of
persons or undertakings concerned in the field of inquiry;
“staff ” means any staff employed by the Bureau;
“statistical information” means any organised data obtained
from census, surveys or administrative data;
“statistical unit” means a section, division or department
established in any Government institutions responsible
for the execution of statistical functions;
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[CAP. 351 R.E. 2023]
“statistician” means a person who possess a degree in
statistics;
“Statistician General” means the Chief Executive Officer of
the Bureau appointed under section 9;
“statistics” means data required for the production of
organised statistical information, obtained from census
and statistical surveys or administrative records;
“survey” means method of collecting data from a sample
of population with a national, regional or district level
coverage; and
“undertaking” means any statistical activity by way of a trade or
business whether or not the trade or business is carried out for
profit, and includes a Ministry or Government Department,
statutory body, local government body, or any other form of
organisation or body of persons or any part thereof.
PART II
THE NATIONAL BUREAU OF STATISTICS
AND THE GOVERNING BOARD
(a) The National Bureau of Statistics
Continuation of
Bureau
4.–(1) There shall continue to exist the National Bureau of
Statistics known in its acronym as “NBS”.
(2) The Bureau shall be an autonomous public office under
the Ministry responsible for Statistics.
Integrity of
Bureau
Act No.
8 of 2018 s. 21
5. In order to protect and enhance the integrity and impartiality
of official statistics, the Bureau shall exercise professional
independence in the way it collects, processes, analyses and
disseminates official statistics.
Functions of
Bureau
Acts Nos.
8 of 2018 s. 21
9 of 2019 s. 57
6.–(1) The Bureau shall be the National Statistics Office
responsible for the production, coordination, supervision, and
dissemination of official statistics, and for the custodianship of
official statistics in the country.
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[CAP. 351 R.E. 2023]
(2) Without prejudice to the generality of subsection (1),
the Bureau shall-
(a) in collaboration with the Office of the Chief Government
Statistician of Zanzibar, conduct population and
housing census;
(b) advise the Government and the public at large on all
matters related to official statistics;
(c) provide high quality, reliable and timely official statistics
to the public;
(d) organise and maintain a central depository of official
statistical reports, publications, documents and data
from within and outside the United Republic;
(e) develop methods, standards, concepts and definitions
for the production of official statistics;
(f) regulate official statistics;
(g) coordinate publishing of statistical information;
(h) coordinate and supervise the National Statistical
System in the country; and
(i) perform all functions necessary or incidental to the
objectives of the Bureau under this Act.
(3) The Bureau may, in the performance of its functions,
sub-contract other organisations or individuals under such
terms and conditions as may be agreed upon by the contracting
parties.
(4) The Bureau shall, for functions which extend to
Tanzania Zanzibar, perform such functions in collaboration
with the office of the Chief Government Statistician of the
Revolutionary Government of Zanzibar.
(b) Governing Board
7.–(1) There is hereby established a Governing Board of the
Bureau to be known as the National Bureau of Statistics Board.
(2) The Board shall consist of-
(a) a Chairman to be appointed by the President from
amongst persons with knowledge and experience in
statistics, mathematics, economics or business oriented
management; and
542
Establishment
and composition
of Board
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[CAP. 351 R.E. 2023]
(b) eight members who are of, or above the rank of
Principal officers, to be appointed by the Minister,
upon nomination by their respective organisations or
institution as follows:
(i) a representative from the Bank of Tanzania;
(ii) a representative from the Ministry responsible for
statistics;
(iii) a representative from the Office of the Attorney
General;
(iv) a representative from the Prime Minister’s Office;
(v) a representative from the Planning Commission;
(vi) the Chairman of the Statistics Board of Zanzibar;
(vii) a representative from higher learning institutions; and
(viii) one member to be appointed from amongst the
users or producers of statistics from private sector.
(3) The Chief Government Statistician of Zanzibar shall be
an ex-officio member of the Board.
(4) The Statistician General shall be a Secretary to the Board.
(5) The provisions of the First Schedule shall apply with respect
to the tenure and termination of membership, proceedings of
the Board and other matters relating to the Board.
Functions of
Board
8. The functions of the Board shall include to-
(a) approve and monitor the implementation of policies
pertaining to the Bureau;
(b) approve the structure, career development plans,
staffing levels and terms and conditions of service for
the staff of the Bureau;
(c) approve the appointment of managerial staff;
(d) approve disciplinary measures to be taken on the
managerial staff of the Bureau;
(e) approve the Bureau’s corporate plan, annual work
programme and annual budget;
(f) inform the Minister on the progress of the business of
the Bureau on quarterly basis; and
(g) perform any other functions as may be directed by the
Minister in writing.
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[CAP. 351 R.E. 2023]
Appointment
of Statistician
General
Act No.
8 of 2018 s. 21
9.–(1) The President shall appoint a Statistician General of the
Bureau on the recommendation of the Minister.
(2) A person shall not qualify for recommendation for
appointment as a Statistician General unless he possess a degree
or above qualification in the field of statistics or economics or
mathematics with at least five years experience in the statistics
field and with proven managerial ability.
(3) The Statistician General shall hold office for a period of
five years and shall, subject to his satisfactory performance, be
eligible for re-appointment.
(4) Subject to the provisions of subsection (1), the Board shall
make recommendation to the Minister on the appointment of
the Statistician General.
Termination of
appointment
Act No.
8 of 2018 s. 21
10. The President may, upon the recommendation of the
Minister, terminate the appointment of the Statistician General
for-
(a) misconduct;
(b) failure or inability to perform the functions of his office
arising from infirmity of body or mind; or
(c) incompetency.
Functions of
Statistician
General
Act No.
8 of 2018 s. 21
11. The Statistician General shall be the Chief Executive Officer
of the Bureau and responsible for the day-to-day activities of
the Bureau including management of funds, property and
business of the Bureau and for the administration of officers
and staff of the Bureau.
Acting Statistician
General
Act No.
8 of 2018 s. 21
12.–(1) Where the office of the Statistician General is vacant or
if the Statistician General is unable for any reason to perform
the functions of his office, the Minister shall, appoint another
person with appropriate knowledge or experience to act as a
Statistician General during such vacancy or inability.
(2) A person acting in terms of subsection (1) shall act for a
period of not more than six months:
Provided that, the Minister may for sufficient reason extend
such appointment for a further period not exceeding six months.
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[CAP. 351 R.E. 2023]
Other staff
Act No.
8 of 2018 s. 21
Oath of secrecy
(3) The provision of subsection (2) shall not apply if due
to official duties, the Statistician General is temporarily absent
from his office, in which case the Statistician General shall
delegate the functions of his office to one of the management
staff.
13. Subject to laws relating to recruitment, the Statistician
General shall cause to be employed such number of other staff
as he may consider necessary or desirable for the efficient and
effective exercise of powers and performance of functions of
the Bureau.
14.–(1) A person other than staff of the Bureau who is
employed in the execution of any duty relating to statistical
production under this Act, shall, before assuming such duties,
make and subscribe before a Commissioner for Oaths, an oath
or affirmation in the manner set out in the Second Schedule.
(2) For purposes of subsection (1), a person employed as
an enumerator in a population and housing census, shall make
a written declaration in Kiswahili or English languages and
deliver or transmit the declaration to an authorised officer
or staff of the Bureau in the manner set out in the Second
Schedule to this Act.
Authorised
officers
Act No.
8 of 2018 s. 21
15. The Statistician General may, in writing, designate on
temporary terms and conditions, such number of staff of the
Bureau to be authorised officer for the purpose of carrying out
statistical activities under this Act as he may determine.
Exemption from
liability
16. An act done by any officer or employee of the Bureau if
done or omitted to be done in good faith in the exercise or
performance or purported exercise or performance of his
duties or functions as an officer or employee of the Bureau
shall not subject such an employee or officer to any action,
liability or demand of any kind.
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[CAP. 351 R.E. 2023]
National
Statistical
System and its
coordination
Act No.
8 of 2018 s. 23
Mandate to
collect official
statistics
Act No.
8 of 2018 s. 24
17.–(1) There shall be the National Statistical System also
known by its acronym NSS, which shall be coordinated by the
Bureau.
(2) Subject to section 6, the Bureau shall coordinate the
National Statistical System with a view to having an integrated
statistical system to ensure optimal utilisation of available
resources.
(3) In performing the coordination function under this
section, the Bureau shall-
(a) issue a code of practice for official statistics that sets out
professional standard to be followed by government
institution and agencies producing official statistics;
(b) develop and maintain a comprehensive National
Databank by using sectoral Databank developed by
government institution and agencies;
(c) set standards for the collection, analysis and publication
of statistics to ensure uniformity in quality, adequacy of
coverage and reliability of statistical information;
(d) provide guidance and other assistance as may be
required to other users or providers of statistics; and
(e) promote cooperation and rationalisation among users
or producers of statistics so as to avoid duplication
of efforts and ensure optimal utilisation of scarce
resources.
18.–(1) Without prejudice to section 20, the Statistician
General shall have powers to commence, vary or discontinue
the collection of official statistics conducted through surveys
or censuses.
(2) A person, government institution or agency shall not
authorise the commencement of the collection of official
statistics through surveys or censuses except with the approval
of the Statistician General.
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[CAP. 351 R.E. 2023]
Delegation of
powers to collect
official statistics
Acts Nos.
8 of 2018 s. 25
9 of 2019 s. 58
19. Notwithstanding the generality of section 18(2) and
subject to guidelines issued by the Bureau, powers to collect
and publish official statistics afforded to heads of government
institutions pursuant to any written laws shall be deemed to
be powers delegated to those institutions by the Statistician
General.
Producers of
official statistics
Act No.
8 of 2018 ss. 21, 26
20.–(1) Official statistics may be produced by-
(a) the Bureau;
(b) government institutions; and
(c) Agencies.
(2) The statistics produced under subsection (1)(c) shall
qualify to be official statistics if they meet the criteria and
standards set by the Bureau and approved by the Statistician
General.
PART III
COLLECTION AND DISSEMINATION
OF INFORMATION
Decennial
Population and
Housing Census
21.–(1) The President may, by Order published in the Gazette
direct a Population and Housing Census to be taken in the
United Republic or any part of the United Republic as may be
specified in the Order.
(2) The Order under subsection (1), may specify the date on
or between which such census is to be taken, the information
to be obtained in the census and the period within which the
census is to be conducted.
Collection of
statistics
Act No.
8 of 2018 ss. 21, 27
22.–(1) The Bureau may collect statistics relating to all or any
of the matters specified in the Third Schedule to this Act.
(2) The Bureau may cause to be published statistics collected
and any official statistics pursuant to subsection (1).
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[CAP. 351 R.E. 2023]
Joint collections
Act No.
8 of 2018 s. 21
Sampling
Establishment
of Technical
Committee
Acts Nos.
8 of 2018 s. 28
9 of 2019 s. 59
23.–(1) The Bureau may make an agreement with any agency
to collect jointly official statistics as the need arises.
(2) An employee of any agency, shall, if engaged in the joint
collection of information or the processing of information
collected in joint collection, make a declaration of secrecy
similar to the declaration of secrecy prescribed under section
14 despite of any declaration of secrecy made under any other
written law.
24.–(1) Statistics relating to all or any of the matters set out
in the Third Schedule may be collected by sampling, in place
of a complete enumeration, where the use of that method is
considered appropriate.
(2) Statistics collected under subsection (1) may also be
used to test a questionnaire and a statistical procedure before
finalisation.
(3) It shall not be a defence to a person who fails to fill in a
return or to answer any inquiry by reason that only a portion
or a particular group of persons is required to fill in the return
or to answer the inquiry.
25.–(1) There shall be established a Committee to be known as
the Statistics Technical Committee which shall be responsible
for determination of matters referred to it pursuant to the
provisions of this Part.
(2) The Technical Committee shall work on ad hoc basis
and shall be composed of the following members who shall be
appointed by the Minister:
(a) Chairman;
(b) two members who are knowledgeable on statistics from
higher learning institutions or research institutions,
one of whom shall be from outside the Country; and
(c) two other members who are conversant with and
possess expertise on matters relating to statistics and
the subject to be determined, one of whom shall be
from outside the Country.
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[CAP. 351 R.E. 2023]
(3) For purposes of this section, the Minister may make
regulations prescribing-
(a) modality of referring matters to the Technical
Committee;
(b) mode of publication of the findings of the Technical
Committee;
(c) appointment of members referred to under subsection
(2)(c); and
(d) procedures for conducting proceedings of the Technical
Committee.
(4) In discharging its mandate, the Technical Committee
shall abide with the international standards, national standards
and provisions of this Act.
[s. 24A]
Principles guiding
collection and
dissemination
of statistical
information
Acts Nos.
8 of 2018 s. 28
9 of 2019 s. 59
26.–(1) Every person shall, subject to the provisions of this Act,
have a right to collect and disseminate statistical information.
(2) A person who intends to disseminate collected
statistical information pursuant to this section shall abide with
international standards, national standards and the provisions
of this Act governing statistical information.
(3) Without prejudice to the generality of subsection (2),
a person intending to disseminate statistical information
shall, before disseminating such information, take into
consideration-
(a) professional considerations, scientific principles and
professional ethics on the methods and procedures for
the collection, processing, storage and presentation of
statistical data;
(b) the duty to present information in accordance with
scientific standards on the sources, methods and
procedures of statistics; and
(c) the duty of ensuring objectivity and impartiality in
reporting the results of statistical information.
[s. 24B]
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[CAP. 351 R.E. 2023]
Right of Bureau
to challenge
Statistical
information from
other sources
Act No.
9 of 2019 s. 59
27.–(1) Notwithstanding the provisions of section 26,
the Bureau shall have the right to challenge the misuse or
misinterpretation of statistical information disseminated
by any other person if such statistical information contains
fundamental errors or does not abide with the principles
specified under section 26(3).
(2) In exercising the right under subsection (1), the Bureau
may-
Right to challenge
statistics
produced by
Bureau
Act No.
9 of 2019 s. 59
Right to publish
findings
Act No.
9 of 2019 s. 59
(a) make a statement to the public pointing out the
fundamental errors identified and principles not abided
with; or
(b) refer the matter to the Technical Committee for
determination.
[s. 24C]
28. Every person shall have the right to challenge official
statistics produced by the Bureau by, subject to the procedure
specified in the regulations, referring the matter to the
Technical Committee for determination.
[s. 24D]
29.–(1) A person who has different findings from official
statistics disseminated by the Bureau shall, subject to the
provisions of this Act, have the right to publish such findings
and submit such findings to the Bureau.
(2) Where the Bureau disagrees with the findings published
under subsection (1), may challenge such official statistics by-
(a) publishing a statement pointing out all areas of
disagreement; or
(b) referring the matter to the Technical Committee for
determination.
[s. 24E]
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[CAP. 351 R.E. 2023]
Determination
by Technical
Committee
Act No.
9 of 2019 s. 59
30.–(1) Upon receipt of any matter referred to it pursuant
to this Part, the Technical Committee shall determine and
publish its findings accordingly.
(2) The determination of the Technical Committee referred
Restriction on
disclosure of
information
to under subsection (1) shall be final and conclusive.
(3) Notwithstanding subsection (1), where, before the
Technical Committee determines the matter brought before it,
the author of the information decides to withdraw publication
of such information or agrees to correct the information to the
extent of disagreement, the Technical Committee shall-
(a) in the case of withdrawal, direct the author to publish his
decision to withdrawal and give the reasons thereof; and
(b) in the case of correction, cause the corrections made to
the information be published.
[s. 24F]
31.–(1) The following information shall not be published,
admitted in evidence or shown to any person not employed in
the execution of a duty under this Act unless the prior consent
in writing thereto has been obtained from the person making
such return or giving such answer, or in the case of a business or
undertaking, from the person having the control, management
or superintendence of such business or undertaking-
(a) individual return or part thereof;
(b) answer given to any question made for the purpose of
this Act; and
(c) report, abstract or any other document containing
particulars in any such return or answer to enable
the identification of such particulars with any person,
busines or undertaking.
(2) Subsection (1) shall not apply where-
(a) the person, business or undertaking has published
the return, answer, report, abstract or document and
opened up a computerised data set for general access; or
(b) such return answer or report and such other documents
required for the purpose of prosecution.
[s. 25]
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Exemption on
disclosure
32. Notwithstanding section 31, the Bureau may disclose-
(a) information available to the public under any enactment
or public document;
(b) information in the form of an index or list of the names
and addresses of individual undertakings or businesses
together with the telephone numbers at which they
may be reached in relation to statistical matters, the
industrial classifications allotted to them, the products
they produce, manufacture, process, transport, store,
purchase or sell, or the services they provide in the course
of their business, and the number of persons engaged;
(c) details of external trade, movement of ships and
aircraft, and cargo handled at ports; or
(d) information relating to a local authority or other
statutory body.
[s. 26]
Disclosure of
unidentified
information
Act No.
8 of 2018 s. 21
33.–(1) Subject to subsection (2), the Bureau may disclose
information in the form of individual statistical record solely
for bona fide research or statistical purposes provided that-
(a) all identifying information such as the name and
address of a respondent has been removed; and
(b) the information is disclosed in a manner that is not
likely to enable the identification of the particular
person, undertaking or business to which it relates.
(2) Every person to whom any statistical records are
disclosed pursuant to this section shall-
(a) not attempt
to
identify any particular person,
undertaking or business;
(b) use the information for research or statistical purposes
only;
(c) not disclose information to any other person or
organisation; and
(d) comply with any directions given by the Statistician
General relating to the records.
[s. 27]
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[CAP. 351 R.E. 2023]
Security of
recorded
information
Act No.
8 of 2018 s. 21
34. The Bureau shall take all necessary steps to ensure the
security and confidentiality of the official statistics collected by
the Bureau or made available to the Bureau by other agencies
are kept in accordance with the provisions of this Act.
[s. 28]
Destruction of
individual forms
and returns
Power to obtain
particulars
Act No.
8 of 2018 s. 21
35.–(1) The Bureau or each agency shall account for and
destroy all individual censuses and surveys forms and returns
used for purposes of this Act after the data have been processed,
validated and published.
(2) Individual censuses forms and surveys forms under
subsection (1) shall be destroyed within five years since the
data was processed, validated and published.
[s. 29]
36.–(1) Where any census or a survey is being taken or any
other statistics are being collected in accordance with the
provisions of this Act, an authorised officer or staff of the
Bureau may, in the manner specified in subsection (2), require
any person to supply him with such particulars as may be
prescribed or such particulars as the Statistician General may
consider necessary or desirable in relation to the taking of such
census or the collection of such statistics.
(2) A person who is required to supply any particulars
pursuant to subsection (1) shall, to the best of his knowledge,
information and belief, complete forms, make returns, answer
questions and give all such information, in such manner and
within such time as may be specified by the authorised officer
or staff of the Bureau.
(3) An authorised officer or staff of the Bureau may, at all
reasonable times and upon production of his authorisation-
(a) in relation to census or a survey, enter and inspect any
premises including house; and
(b) in relation to the collection of other statistics, enter and
inspect any premises where activity for profit or gain is
carried on, and in either case may make such inquiries
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[CAP. 351 R.E. 2023]
Access to public
and other records
Act No.
8 of 2018 s. 21
as may be necessary for the taking of the census or the
collection of the statistics as the case may be.
[s. 30]
37.–(1) Where the Statistician General is of the opinion
that, the collection of statistics relating to any matter may be
obtained from any Government institution, agency, or user or
producer of statistics, he shall grant access to any authorised
officer or staff of Bureau for purposes of getting the information
required.
(2) Subject to subsection (1), the information obtained shall
be in relation to the collection of statistics which have been
approved or directed for completion or collection of statistics.
[s. 31]
PART IV
FINANCIAL PROVISIONS
Funds of Bureau
38. The funds and resources of the Bureau shall consist of-
(a) sums as may be appropriated by Parliament for the
Bureau;
(b) moneys received for products provided and services
rendered by the Bureau;
(c) sums borrowed, received by or made available to the
Bureau for purposes of the performance of its functions;
or
(d) donations, grants and bequests as the Bureau may
receive from any person or body of persons.
[s. 32]
Estimates
Act No.
8 of 2018 s. 21
39.–(1) The Statistician General shall, not later than three
months before the end of each financial year, prepare and
submit to the Board, the Business Plan and estimates of income
and expenditure of the Bureau for the next ensuing financial
year.
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[CAP. 351 R.E. 2023]
Accounts
Act No.
8 of 2018 s. 21
Audit
Act No.
8 of 2018 s. 21
(2) The Board shall forward to the Minister the Business
Plan and estimates prepared under subsection (1) for approval.
(3) Expenditure shall not be made out of funds of the Bureau
unless such expenditure is part of the estimate of expenditure
approved by the Minister under subsection (2).
[s. 33]
40.–(1) The Bureau shall keep proper books of accounts.
(2) Subject to any directions given by the Board, the
Statistician General shall prepare in respect of each financial
year, and not later than three months after the close of the
financial year a statement which shall include a report on the
performance of the Bureau during that financial year.
(3) The statement prepared under subsection (2) shall
comprise of-
(a) a balance sheet and a statement of income and
expenditure of the Bureau in respect of that financial
year; and
(b) any other information in respect of the financial affairs
of the Bureau as the Minister may, in writing, require.
[s. 34]
41.–(1) The accounts of the Bureau shall, in respect of each
financial year, be audited by the Controller and Auditor-
General or by an auditor appointed by the Controller and
Auditor-General.
(2) The Statistician General shall, within three months
after the close of each financial year, submit to the Controller
and Auditor-General, for auditing the statement of accounts
described in section 40 of this Act.
(3) The Statistician General shall as soon as possible but not
later than two months after receiving the audited report from
the Controller and Auditor-General, submit to the Minister
the audited financial statements and a report of the auditor on
these statements.
[s. 35]
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[CAP. 351 R.E. 2023]
Annual
Performance
Report
42. The Board shall prepare and submit to the Minister within
four months after the close of each financial year, the annual
report on the performance of the Bureau during that financial
year, and the Minister shall cause a copy of the report to be laid
in the National Assembly.
[s. 36]
Offences and
penalties
Acts Nos.
8 of 2018 ss. 21, 29
9 of 2019 s. 60
PART V
OFFENCES AND PENALTIES
43.–(1) A person being an employee of the Bureau who-
(a) by virtue of his employment becomes possessed of any
information which might influence or affect the market
value of any share or other security, interest, product
or article and who, before such information is made
public, directly or indirectly uses such information for
personal gain;
(b) without lawful authority publishes or communicates to
any person otherwise than in the ordinary course of his
employment any information acquired by him in the
course of such employment;
(c) deserts from his duty, or wilfully makes any declaration,
statement or return in the performance of his duties, or
compiles for issue any false statistics or information;
(d) in the performance of his duties, obtains or seeks
to obtain information that the person is not duly
authorised to obtain that information;
(e) asks, receives or takes, in respect of or in connection
to his employment under this Act from any person
other than a public officer duly authorised thereto, any
payment or reward,
commits an offence and on conviction, shall be liable to a fine
of not less than two million shillings or to imprisonment for a
term of not less than six months or to both.
(2) A person who, being in possession of any official statistics
which to his knowledge has been disclosed in contravention of
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[CAP. 351 R.E. 2023]
the provisions of this Act, publishes or communicates to any
other person such information, commits an offence and on
conviction, shall be liable to a fine of not less than five million
shillings or to imprisonment for a term of not less than twelve
months or to both.
(3) A person who-
(a) hinders or obstructs any authorised officer or staff of
Bureau in the lawful performance of any duty or in the
exercise of power conferred under this Act;
(b) refuses or wilfully neglects to-
(i) complete and supply within the time specified the
particulars required in any return, form or other
document left with or sent to him; or
(ii) answer any question directed to him under this Act;
(c) make in any return, form or other document completed
by him under this Act, any statement which is untrue;
(d) without lawful authority, destroys, defaces or mutilates
any return, form or other document containing
particulars collected under this Act;
(e) not being an authorised officer or staff of the Bureau
assumes the duties of, or represents himself to be a staff
of Bureau;
(f) incites or counsels any other person not to participate
in the activity relating to data collection under this Act;
(g) does anything which he is not entitled to do under this
Act;
(h) refuses without reasonable cause to grant records or
documents in accordance with sections 36 and 37;
(i) contravenes any provision of this Act, in respect of
which no specific offence has been stated,
commits an offence and on conviction, shall be liable to a fine
of not less than one million shillings or to imprisonment for a
term of not less than six months or to both.
(4) For the purpose of this section “communication media”
includes radio station, television station, newspaper or
magazine, website or any other media
[s. 37]
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[CAP. 351 R.E. 2023]
PART VI
MISCELLANEOUS PROVISIONS
Regulations
44. The Minister may, for the better carrying into effect of the
provisions of this Act, make regulations-
(a) prescribing the manner in which the National Statistical
Repeal and
savings
Act No.
1 of 2002
System may be coordinated;
(b) prescribing the fees and charges to be paid for any
special information or report supplied, or any special
statistical services rendered;
(c) making addition to or deletion from or otherwise vary
the matters specified in the Third Schedule; and
(d) on all matters which are reasonably and in accordance
with the laws regulating statistics in the country for the
better performance of the provisions of this Act.
[s. 38]
45.–(1) [Repeals the Statistics Act].
(2) Notwithstanding the provisions of subsection (1)-
(a) anything done or any action taken or purported to
have been done or taken under the repealed Act shall
be deemed to have been done or taken under this Act;
(b) all appointments made under the repealed Act and
which have not been revoked immediately before
coming into operation of this Act shall be deemed to
have been made under this Act and shall remain in
force until they are revoked or fresh appointments are
made under this Act; and
(c) all legal proceedings instituted or Orders made under
the repealed Act shall continue and be deemed to be
proceedings or Orders made under the provisions of
this Act.
[s. 39]
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[CAP. 351 R.E. 2023]
Inconsistency
with other
legislation
46. Where any provision of this Act is in conflict or is otherwise
inconsistent with the provisions of any other written laws
relating to official statistics, the provisions of this Act shall
prevail to the extent of such inconsistency.
[s. 40]
FIRST SCHEDULE
(Made under section 7(5))
PROVISIONS RELATING TO THE BOARD
Tenure of office
Termination of
appointment
Cessation of
membership
Vice-Chairman
1.–(1) Every member of the Board shall continue to hold the office for
a term of three years from the date of appointment and be eligible for
re-appointment.
(2) Notwithstanding subparagraph (1), a member may resign at
anytime by giving notice in writing to the appointing authority and
from the date specified in the notice or, if no date is so specified in
the notice from the date of the receipt of the notice by the appointing
authority, he shall cease to be a member.
(3) A person who is a member by virtue of his office shall cease to
be a member upon ceasing to hold the office by virtue of which he is a
member.
2. Where any member of the Board absents himself from three
consecutive meetings of the Board without reasonable excuse, the
Board shall advise the appointing authority of the fact and the
appointing authority may terminate the appointment of such a member
and appoint a new member in his place.
3. Where any member of the Board ceases to be a member by resignation
or death or is unable to perform his functions as such member by reason
of absence from the United Republic or by reason of any infirmity
of body or mind or where the appointing authority terminates his
appointment under paragraph 2, the appointing authority may appoint
another member in his place and the member so appointed shall,
subject to the provisions of this Schedule, hold office for the remaining
term of his predecessor.
4. The Board shall elect one of its members to be a Vice-Chairman and
any member elected as Vice-Chairman shall, subject to his continuing
to be a member hold office of Vice-Chairman for a term to be fixed by
the Board and be eligible for re-election after the end of that period.
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[CAP. 351 R.E. 2023]
Power of
Chairman and
Vice-Chairman
Meeting and
procedure of
Board
Quorum
Decision by
circulation of
papers
Minutes of
Meeting
Authentication
of Seal
Act No.
8 of 2018 s. 21
5.–(1) The Chairman shall preside at all meetings of the Board.
(2) Where at any meeting of the Board the Chairman is absent the
Vice-Chairman shall preside.
(3) In the absence of both the Chairman and Vice-Chairman at
any meeting of the Board, the members present may, from amongst
their number elect a temporary Chairman who shall preside at that
meeting.
(4) The Chairman, Vice-Chairman or temporary Chairman
presiding at any meeting of the Board shall have a right to vote and in
the event of an equality of votes, shall have a casting vote in addition to
his deliberative vote.
6.–(1) An ordinary meeting of the Board, shall be convened by the
Chairman and the notice specifying the place, date and time of the
meeting shall be sent to each member at his usual place of business or
residence not less than fourteen days before the date of such meeting.
(2) The Board shall ordinarily meet four times in a year, but the
Chairman may convene an extraordinary meeting when the need to
do so arises.
(3) The Chairman of the Board may invite any person who is not a
member to participate in the deliberations of the Board, such person
shall not be entitled to vote.
7. The Chairman and three other members shall form a quorum for a
meeting of the Board.
8.–(1) Notwithstanding the provision of paragraph 7, where the
Chairman so directs, a decision may be made by the Board without a
meeting by circulation of the relevant papers among all the members
and the expression in writing of their views.
(2) Subject to subparagraph (1), a member shall be entitled to
require such decision be deffered and such matter be considered at a
meeting of the Board.
9. Minutes of each meeting of the Board shall be kept, and confirmed
by the Board at the next meeting and signed by the Chairman at the
meeting.
10. The Seal of the Board shall not be affixed to any deed, document
and other instruments except in the presence of the Chairman and the
Statistician General, or either the Chairman or the Statistician General
and one other member of the Board as the Board may appoint in that
behalf.
Execution of
document
Act No.
8 of 2018 s. 21
11. All documents to which the Board is a party other than documents
required by law to be under seal and all decisions of the Board, may
be signified under the hand of the Statistician General or other officer
authorised by the Statistician General in that behalf.
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[CAP. 351 R.E. 2023]
Validity of
proceedings
12. An act or proceedings of the Board shall not be invalid by reason
of the number of members not being complete at the time of such act
or proceedings or of any defect in the appointment of any member or
the fact that any member was at the time disqualified or disentitled to
act as such.
Board to regulate
proceedings
13. Subject to the provisions of this Schedule the Board may regulate
its proceedings.
SECOND SCHEDULE
(Made under section 14(1) and (2))
OATH OF SECRECY
EITHER
I, .......................................................................... do hereby make oath/
solemnly affirm that I shall faithfully and honestly fulfill my duties as ...
....................................................... in conformity with the requirements of
the Statistics Act, Cap. 351 and that I shall not, without due authority in
that behalf disclose or make known any matter or thing which comes to
my knowledge by reason of my employment as such.
…………………………
DEPONENT
Sworn/affirmed before me this ....................... day of .......................
20...............
...............................................
Commissioner for Oaths
OR
........................................................................................ do solemnly
I,
and sincerely declare that I will faithfully and honestly fulfill
my duties as an enumerator in a population and housing census
in conformity with the requirements of the Statistics Act, Cap.
351 and that I shall not, without due authority in that behalf
561
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[CAP. 351 R.E. 2023]
declare or make known or make use of any matter or thing which
comes to my knowledge by reason of my employment as such.
…………………………
DEPONENT
Declared at ………… this ............................day of .................... 20........
Before me:
Name …………………………………
Qualification…………………………..
Address………………………………..
Signature………………………………
THIRD SCHEDULE
(Made under sections 22(1) and 24(1))
COLLECTION OF STATISTICS AND SAMPLING
External Trade, Balance of Payment and Tourism.
1. Civil Registration and Vital Statistics.
2. Migration.
3.
4. National Accounts.
5. Agriculture.
6. Construction.
7.
8.
9. Government Finance, Fiscal and Public Sector.
10. Poverty and Income Distribution.
11.
Industry (Mining, Manufacturing, Electricity and Water).
Labour Market.
Social, Education, Labour and Industrial matters including
associations of employers, employees and other persons
generally.
12. Banking, Insurance and Finance generally.
13. Commercial and Professional undertakings.
14. Distributive Trade.
15. Education and Health.
16.
Transport and Communication in all forms such as land, water
or air.
17. Injuries, Accidents and Compensation.
18. Stock of manufactured goods.
19.
Sweepstakes, Lotteries, Charitable and other public collections
of money.
20. Land tenure, Occupation and use of land.
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THE STATISTICS ACT
[CAP. 351 R.E. 2023]
21. Local Government Authorities.
22. Crime and Justice.
23. Environment.
24. Household based surveys.
25. Entrepreneurship.
26. Information, Communication and Technology.
27. Community, Social welfare and Personal services.
28. Gender.
29. Meteorology.
30. Business.
31. Price.
32. Energy.
33. Investment.
34. Water supply and Sanitation.
35. Research and Innovation Development.
36. Valuable items.
37. Governance.
38. Advertisement.
39. Establishment.
563
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