M-Wakili

Kenya Agriculturaland Livestock Research Act 2013No 17of 2013 - as Plain Text by MWakili

389 2013 Kenya Agricultural and Livestock Research No.

17 THE KENYA AGRICULTURAL AND LIVESTOCK RESEARCH ACT, 2013 No.

17 of 2013 Date of Assent: 14th January, 2013 Date of Commencement: 25th January, 2013 ARRANGEMENT OF SECTIONS Section PART I PRELIMINARY 1Short title.

2Interpretation.

PART IIESTABLISHMENT AND FUNCTIONS OF THE ORGANIZATION 3Establishment of the Organization.

4Composition of the Organization.

5Objects and functions of the Organization.

PART IIITHE BOARD OF THE ORGANISATION 6 Board of the Organization.

7 Term of office.

8Vacation of office.

9Functions of the Board.

10 Powers of the Board.

11Committees of the Board.

12Delegation of powers by the Board.

13Conduct of business affairs of the Board.

14 Appointment of Director-General.

15Qualifications of Director General.

16 Qualifications of Deputy Director -General 17Functions of Director General.

18Removal of Director General.

19Staff of the Organisation.

20Remuneration of staff of the Organisation.

21Common seal of the Organisation.

22 Protection from personal liability.

23 Liability for damages.

24 Relationship with the Science Council.

390 No.

17 Kenya Agricultural and Livestock Research 2013 PART IVTHE SECRETARIAT 25 Secretariat of the Organisation.

26Functions of the secretariat.

27Operational units.

PART VTHE SCIENTIFIC AND TECHNICAL COMMITTEE 28 Establishment of Scientific and Technical Committee.

29 Functions of the Committee.

30 Conduct of business affairs of the Committee.

PART VIRESEARCH INSTITUTES 31 Establishment of research institutes.

32 Functions of research institutes.

33 Operation of research institutes.

34 Research institute advisory committees.

35 Functions of research institute advisory committees.

36Director of a research institute.

37Program review committees.

PART VIIFINANCIAL PROVISIONS 38 Funds of the Organization.

39 Establishment of the Fund.

40Powers to raise or borrow money.

41 Power to invest.

42 Accounts and audit.

43 Annual report and publication.

44 Financial year of the Organisation.

PART VIIIMISCELLANEOUS PROVISIONS 45 Request for information.

46 Board to keep information confidential.

47Limitation of the right to access information.

48 Offences-improper disclosure of information.

49 Exemptions.

50 Regulations.

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17 PART IX TRANSITIONAL PROVISIONS 51 Amendment of Cap.250.

52 Rights and obligations.

53 Transfer of staff.

54 Assets and liabilities.

55 Legal proceedings.

56 Reference to written laws.

57Directions, orders, etc of former institutions.

58 Interpretation.

FIRST SCHEDULE PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD SECOND SCHEDULE RESEARCH INSTITUTES THIRD SCHEDULE SECTORAL MINISTRIES FOURTH SCHEDULE FORMER INSTITUTIONS 392 No.

17 Kenya Agricultural and Livestock Research 2013 THE KENYA AGRICULTURAL RESEARCH ACT, 2013 AN ACT of Parliament to provide for the establishment and functions of the Kenya Agricultural and Livestock Research Organization; to provide for organs of the Organization; to provide for the co- ordination of agricultural research activities in Kenya, and for connected purposes ENACTED by the Parliament of Kenya, as follows WHEREAS it is desirable that a framework national agricultural research system legislation be promulgated so as to establish an appropriate legal and institutional framework for agricultural research in Kenya; AND WHEREAS it is recognised that the Kenya agricultural research system must be reformed into a dynamic, innovative, responsive and well coordinated system driven by common vision and goal; AND WHEREAS agricultural research is a key component of technology generation, knowledge management and technology transfer to provide solutions for sustainable development of agribusiness; NOW THEREFORE BE IT ENACTED by the Parliament of Kenya, as follows PART I PRELIMINARY Short title.

1.

This Act may be cited as the Kenya Agricultural and Livestock Research Act, 2013.

Interpretation.

2.

(1) In this Act, unless the context otherwise requires- Board means the board of the Organisation constituted under section 6; Cabinet Secretary means the Cabinet Secretary responsible for matters relating to agriculture; Committee means the Science and Technology Committee established under section 27; financial year means the financial year of the Organisation as specified under section 43; Fund means the Agricultural Research Fund established under section 38; Science Council means the National Council for 393 2013 Kenya Agricultural and Livestock Research No.

17 Science and Technology established under section 3 of the Cap.

250.

Science and Technology Act.

(2) Despite subsection (1), until after the first elections under the Constitution, references in this Act to the expression Cabinet Secretary and Principal Secretary shall be construed to mean Minister and Permanent Secretary respectively.

PART II ESTABLISHMENT OF THE ORGANISATION Establishment 3.

(1) There is established an organisation known as of the the Kenya Agricultural and Livestock Research Organisation.

Organization.

(2) The Organisation shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; (c) borrowing and lending money; (d) entering into contracts; and (e) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate.

Composition of 4.

The Organization shall consist of the following the organs Organization.

(a) the Board; (b) the Secretariat established under Part IV; (c) the research institutes specified in the Second Schedule to this Act and the public universities; and (d) associate institutes, provided for under subsection (2).

(2) Any institution which undertakes agricultural or similar research, not being part of or sponsored by any sector Ministry specified in the Second Schedule to this 394 No.

17 Kenya Agricultural and Livestock Research 2013 Act and which have access and makes use of public resources may apply to the Board to join the Organization, and if the Board grants the application, the institution shall be an associate institute of the Organization.

Objects and 5.(1) The object and function for which the functions of the Organisation is established is to- Organisation.

(a) promote, streamline, co-ordinate and regulate research in crops, livestock, marine and fisheries, genetic resources and biotechnology in Kenya; (b) promote, streamline, co-ordinate and regulate research in crops and animal diseases; and (c) expedite equitable access to research information, resources and technology and promote the application of research findings and technology in the field of agriculture.

(2) For the purpose of carrying out its functions under subsection (1), the Organisation shall- (a) formulate policy and make policy recommendations to the Cabinet Secretary on agricultural research; (b) prioritise areas for, and co-ordinate, agricultural research in Kenya in line with the national policy on agriculture; (c) determine and advise the Government on the resource requirements for agricultural research in Kenya both at the national and county level; (d) regulate, monitor and ensure that all agricultural research undertaken by research institutes and other institutions or persons undertaking agricultural research is consistent with the national priorities specified in the relevant policy documents; (e) establish and exercise control over the research institutes, committees and research centres established pursuant to this Act; (f) formulate or approve medium and long term research plans, strategies and budgets of research institutes, committees and organisations established 395 2013 Kenya Agricultural and Livestock Research No.

17 pursuant to this Act; (g) provide grants to research institutes and persons desirous of carrying out research and training programs which are consistent with the national research priorities and plans of the Organisation; (h) support and promote the training and capacity building in relation to agricultural research; (i) promote the dissemination and application of research findings in the field of agriculture and the establishment of a Science Park; (j) liaise with and ensure the co-ordination of institutions, agencies and persons involved in agricultural research; (k) establish platforms for the purposes sharing of research information, advancing research and transfer of technology and dissemination of information relating to advancements made in agricultural research; (l) ensure continuance of performance improvement in the field of agricultural research; and (m) perform such other functions as may be conferred on it by this Act or any other written law.

PART III BOARD OF THE ORGANISATION Board of the 6.

(1) The management of the Organisation shall Organisation.

vest in a Board which shall consist of- (a) a Chairperson appointed by the President; (b) the Principal Secretary in the Ministry for the time being responsible for agriculture; (c) the Principal Secretary in the Ministry for the time being responsible for finance; (d) the Principal Secretary in the Ministry for the time being responsible for co-operatives; (e) the Principal Secretary in the Ministry for the time being responsible for environment; (f) the Principal Secretary for the time being responsible for livestock; (g) the Secretary to the Science Council 396 No.

17 Kenya Agricultural and Livestock Research 2013 appointed under paragraph 6 of the Second Schedule to the Science and Technology Act; (h) one person with experience in agricultural research nominated by the Kenya Private Sector Alliance and appointed by the Cabinet Secretary; (i) four persons appointed by the Cabinet Secretary, of whom- (i) one shall represent the interests of farmers; (ii) one shall be a vice-chancellor in a university that conducts agricultural research; and (iii) two persons co-opted by the Board who may be non-citizen scientists in the field of agriculture and possess such knowledge and experience as may be necessary for the better carrying out of the functions of the Board; and (iv) the Director General appointed in accordance with section 14.

(2) Members appointed under sections 6(a), (g) and (h) shall serve on a part-time basis.

(3) The Secretariat of the Board shall comprise of - (a) the Director General; (b) the Deputy Director-General of livestock; (c) the Deputy Director- General of crops; and (d) any other staff.

Term of office.

7.

The chairperson and members appointed under section 6 (1)(h) shall- (a) be competitively recruited and appointed on such terms and conditions as the Cabinet Secretary shall 397 2013 Kenya Agricultural and Livestock Research No.

17 consider fit; (b) have qualification of a minimum of Masters Degree; and (c) hold office for a term of four years renewable for one further term.

Vacation of 8.

A person shall cease to be a member of the Board office.

if such person (a) is unable to perform the functions of his office by reason of mental or physical infirmity; (b) is adjudged bankrupt; (c) is convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; (d) is absent from three consecutive meetings of the Board without the permission of the Board; (e) resigns in writing, addressed, in the case of the Chairman to the President, and in the case of any other member, to the Cabinet Secretary; (f) fails to declare his interest in any matter being considered or to be considered by the Board; or (g) violates Chapter Six of the Constitution.

Functions of 9.

The functions of the Board shall be to - the Board.

(a) carry out the objects and functions of the Organisation; (b) advise the Cabinet Secretary on matters of policy relating to agricultural research; (b) oversee the effective co-ordination of the operations of the Organisation; (c) ensure that the activities of the Organisation are consistent with the policy and objectives of the Government, and the national priorities relating to agriculture and agricultural research; (d) approve, oversee and evaluate on a continuing basis the programs being implemented by the Organisation; 398 No.

17 Kenya Agricultural and Livestock Research 2013 (d) direct strategic research and policy and prioritise and determine the research agenda; (e) co-operation with other lead agencies and organizations in carrying out agricultural research; (g) development of a economic, efficient and cost effective internal management structure, strategic and annual plan of the Organisation; (i) implementation and fulfilment of the polices and agreed objectives, performance targets and service standards of the Organisation; (j) provision of advice as required on all matters within the responsibility of the Organisation; and (f) perform such other functions as may be necessary for the exercise of its powers and functions under this Act.

Powers of the 10.

The Board shall have all the powers necessary Board.

for the proper performance of its functions under this Act and subject to the provisions of this Act, the Board shall have the power to- (a) enter into contracts; (b) manage, control and administer the assets of the Organisation in such manner and for such purposes as best promotes the purpose for which the Organisation is established; (c) receive gifts, grants, donations or endowments made to the Organisation and make disbursement therefrom; (d) open such bank accounts as may be necessary for the funds of the Organisation into which all moneys received by the Organisation shall be paid in the first instance and out of which all payments made by the Organisation shall be made; (e) determine the provisions to be made for capital and recurrent expenditure and for 399 2013 Kenya Agricultural and Livestock Research No.

17 the reserves of the Organisation; and (f) subject to the approval of the Cabinet Secretary for the time being responsible for matters relating to finance, invest any of the Organizations funds not immediately required for the purposes of this Act, as it may determine.

Committees of 11.

(1) The Board may, from time to time, establish the Board.

such committees as it considers necessary for the better carrying out of its functions under this Act.

(2) The Board may co-opt into the membership of a committee established under subsection (1), such other persons whose knowledge and skills are found necessary for the functions of the Organisation.

Delegation of 12.

The Board may by resolution either generally or powers by the in any particular case, delegate to any committee of the Board.

Board or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Conduct of 13.

(1) The Board shall conduct its affairs in business affairs accordance with the provisions of the First Schedule, but of the Board.

subject thereto, the Board may regulate its own procedure.

Appointment of 14.

(1) There shall be a Director-General, Deputy Director Director-General of livestock and Deputy-Director General.

General of crops of the Organisation who shall be competitively recruited by the Board and appointed by the Cabinet Secretary.

(2) The Director shall be appointed on such terms and conditions of service as the Board shall determine, with approval of the Cabinet Secretary, for a term of five years renewable for one further term.

(3) The Director-General shall be an ex-officio member of the Board and shall have no right to vote at any meeting of the Board.

(4) The Director- General shall be responsible to the Board for all the activities of the Organization.

Qualifications 15.

A person shall qualify for appointment as of Director Director General if that person General.

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17 Kenya Agricultural and Livestock Research 2013 (a) holds a doctor of philosophy degree in agricultural or veterinary sciences from a recognized university; (b) is a citizen of Kenya; (b) has experience in (i) agricultural science; (ii) policy formulation; (iii) policy oriented research and analysis; and (iv) management of human resource and finance.

Qualifications 16.

A person shall be qualified for appointment as of Deputy the Deputy Director-General of livestock, if the person - Director General.

(a) is a citizen of Kenya; (b) holds an undergraduate degree in animal science; (c) holds a doctor of philosophy degree from a university recognised in Kenya; (d) has at least ten years experience in leadership or at senior management level in research; and (e) meets the requirements of chapter six of the Constitution.

Functions of 17.(1) The Director-General shall be the chief Director executive officer of the Organisation and shall be under the General.

general supervision and control of the Board.

(2) Subject to sub-section (1), the Director-General shall be responsible for the- (a) day-to-day operations of the Organisation; (b) administration, organization and control of the staff of the Organisation; (c) management of funds, property and affairs of the Organisation; (d) implementation of the policies and programs of the Organisation and reporting thereon to 401 2013 Kenya Agricultural and Livestock Research No.

17 the Board; (e) development of an operations plan for achieving the Organisation objects; and (k) performance of any other duty necessary for the implementation of this Act as may be assigned to him by the Board.

(3) The Director General shall submit to the Board for approval, not later than three months before the commencement of each financial year, a programme of activities of the Organization in respect of that financial year.

Removal of 18.

The Board may remove the Director-General from Director office in accordance with his terms and conditions of General.

service for (a) inability to perform the functions of the office arising out of physical or mental incapacity; (b) gross misconduct or misbehaviour; (c) incompetence or neglect of duty; or (d) any other ground that would justify removal from office under the terms and conditions of service.

Staff of the 19.(1) The Board may appoint such officers, agents Organisation.

and staff as are necessary for the proper and efficient discharge of the functions of the Organisation under this Act upon such terms and conditions of service as the Board may determine.

(2) The Board may, on the advice of the Director General, engage, on behalf of the Organization, the services of such experts in respect of any of the functions of the Organization in connection with which they are considered to have special competence.

Remuneration 20.(1) The officers, agents and staff of the of staff of the Organisation shall be paid such remuneration and allowances Organisation.

as the Cabinet Secretary shall, in consultation with the Salaries and Remuneration Commission determine.

(2) Pending the establishment of the Salaries and Remuneration Commission, the remuneration and 402 No.

17 Kenya Agricultural and Livestock Research 2013 allowances under sub-section (1) shall be determined by the Cabinet Secretary in consultation with the Treasury.

Common Seal of 21.(1) The common seal of the Organisation shall the be kept in the custody of the Director General or such Organisation.

other person as the Board may direct, and shall not be used except upon the order of the Board.

(2) The common seal of the Organisation shall, when affixed to a document and authenticated, be judicially and officially noticed and unless the contrary is proved any order or authorization by the Organisation under this section shall be presumed to have been duly given.

(3) The affixing of the common seal of the Organisation shall be authenticated by the signatures of the chairperson and the Director General: Provided that the Board shall, in the absence of the chairperson or the Director General, in any particular matter, nominate one member of the Board to authenticate the common seal of the Organisation on behalf of either the chairperson of the Board or the Director General.

Protection 22.

(1) No matter or thing done by a member of the from personal Board or any officer, employee, or agent of the Liability.

Organisation shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Organisation render the member, officer, employee or agent personally liable to any action, claim or demand whatsoever.

(2) Any expenses incurred by any person in any suit or prosecution brought against him in any court, in respect of any act which is done or purported to be done by him under the direction of the Organisation, shall, of the court holds that such act was done in good faith, be paid out of the general funds of the Organisation, unless such expenses are recovered by him in such suit or prosecution.

Liability for 23.

The provision of section 22 shall not relieve the damages.

Organisation of the liability to compensate or pay damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, 403 2013 Kenya Agricultural and Livestock Research No.

17 wholly or partially of any works.

Relationship 24.(1) The Organization shall operate in with the cooperation with the Science Council and shall, in relation Science Council.

to the Council, be responsible for research in the agricultural sector.

(2) The Board shall make available to the Science Council annual reports on research and development activities carried out by or under the auspices of the Organization.

PART IV THE SECRETARIAT Secretariat of 25.(1) There shall be a Secretariat to the Organisation the which shall consist of Organisation.

(a) the Director-General who shall be the head of the secretariat; and (b) such other persons as the Board shall determine for the proper performance of the functions of the secretariat under this Act.

(2) The persons under subsection (1) (b) shall be competitively recruited and appointed by the Board on such terms and conditions as the Board shall determine.

(3) The persons appointed under subsection (1) (b) shall possess such knowledge and experience as shall be determined by the Board.

Functions of 26.

The functions of the Secretariat shall be to- the secretariat.

(a) provide logistical support to the Board and committees of the Board; (b) organise, direct, and monitor the implementation of research programs and training activities both at national and county level; (c) review of agricultural research proposals in terms of priority and technical content; (d) carry out periodic assessment of the performance of each research institute in terms of efficiency and adequacy of facilities and resources with reference to the functions to be 404 No.

17 Kenya Agricultural and Livestock Research 2013 performed; (e) promote collaboration and partnerships of the organisation with international organisations or research bodies on agricultural research; (f) review and present to the Board recommendations of the research institutes and committees on policies and priorities for agricultural research; (g) serve as a resource centre on matters relating to agricultural research; (h) establish a database and coordinate information flow among the research institutes and sector Ministries set out in the Third Schedule to this Act; (i) rate, compile and maintain an inventory of agricultural research activities and programs undertaken by committees and organisations under this Act; (j) collate, analyse and disseminate information including data on research programs undertaken pursuant to this Act; (k) monitor and report to the Board on arrangements for dissemination and utilisation of research results and their impact on the development of agriculture and social improvement in the country; (l) conduct research and gap analysis to ensure continuous performance improvement in the dissemination and adoption of research findings; (m) review and assess requests for Government support in relation to research activities and programs and advice the Secretariat on the relevant support that should be accorded to an institute or body undertaking research under this Act; (n) facilitate resource mobilization and management; and (o) carry out such other functions as may be 405 2013 Kenya Agricultural and Livestock Research No.

17 conferred on it by the Board.

Operational 27.(1) The Board shall, for the effective co- units.

ordination of agricultural research and development activities in Kenya by organisations and individuals conducting agricultural research, establish operational units within the secretariat in the following sectors (a) food systems; (b) natural resource management systems; (c) livelihood systems; (d) policy and institutional development; (e) partnership and business development; (f) planning, resource allocation and quality control; (g) knowledge management and information communication; and (h) administration and finances.

(2) Each operational unit shall consist of such members of the secretariat and such other persons as the Board shall determine.

(3) Each operational unit shall perform such functions as the Director General shall determine.

(4) The Board may create such other operational units or reconstitute, merge or dissolve an operational unit as it shall consider necessary.

PART V THE SCIENTIFIC AND TECHNICAL COMMITTEE Establishment 28.

(1) There is established a committee to be known of Scientific and as the Scientific and Technical Committee.

Technical Committee.

(2) The Committee shall consist of- (a) a chairperson; and (b) such persons with such knowledge and expertise as the Board may consider necessary for the performance of its functions under this Act.

(3) The chairperson and members of the Committee shall be appointed by the Board, from amongst persons who are not members of the Board, on such terms and conditions as the Board may determine with approval of 406 No.

17 Kenya Agricultural and Livestock Research 2013 the Cabinet Secretary.

Functions of 29.

(1) The Committee shall the Committee.

(a) serve as the advisory arm to the Organisation; and (b) provide technical, financial and legal expertise to the Board and the research institutes established under this Act.

(2) In the performance of its functions under subsection (1), the Scientific and Technical Committee shall (a) advise the Board on- (i) science policy and broad strategic research directions; and (ii) strategic planning, priority setting and research agenda; (b) commission and manage periodic external reviews of the programs of research; (c) undertake system level impact assessments; (d) collaborate with partners to mobilise and harness best science practices; (e) provide advice and capacity building to research institutes and individuals undertaking agricultural research and programs pursuant to this Act; (f) analyse policies, research proposals and proposed research programs prior to submission to the Board for approval; and (g) perform such other functions relating to agricultural research as may be assigned to it by the Board.

Conduct of 30.(1) The provisions of the First Schedule shall apply business affairs mutatis mutandis with respect to the conduct of the of the Committee.

business and affairs of the committee but subject thereto the Committee, may regulate its own procedure.

PART VIRESEARCH INSTITUTES Establishment 31.(1) There are hereby established the research of research institutes specified in the Second Schedule.

institutes.

407 2013 Kenya Agricultural and Livestock Research No.

17 (2) The Cabinet Secretary may, in consultation with the Board and by notice in the Gazette establish such other research institutes as he may consider necessary for the performance of its functions under this Act.

(3) Each research institute may establish such centres or units as it may consider necessary for the performance of its functions under this Act.

Functions of a 32.

(1) The functions of the research institutes shall research be to institute.

(a) advise on, and develop appropriate systems to promote balanced, diversified and sustained agricultural development and to optimise agricultural production through adaptive and investigative research; and (b) facilitate the use of improved production technology, and to establish adequate feedback systems from agricultural producers in order to achieve and maintain national self-sufficiency and export capacities in agricultural products.

(2) For the purpose of carrying out its functions under subsection (1), the research institutes shall (a) organise, design and carry out on-station and on- farm research in their respective sectors of agricultural research in accordance with such policies and in such priorities as may be determined by the Board; (b) identify production, policy, market, processing and utilisation constraints in the fields of agriculture, water, livestock, fisheries, forestry and environment, and prepare short and long-term research programmes within the framework of the national agricultural research system; (c) identify and disseminate, in collaboration with other relevant agencies, appropriate systems of mechanisation and technology options to improve agricultural production and provide answers to foreseeable problems facing crop, livestock, forestry and fisheries production; (d) collaborate with the extension and education services and other organisations, agencies and 408 No.

17 Kenya Agricultural and Livestock Research 2013 institutions including schools, technical institutions and universities, public or private, to disseminate research results and technologies; (e) establish and maintain regular contact with regional and international agricultural research centres to ensure the rapid introduction, evaluation and use of improved technology of potential benefit to the country; (f) conduct, in association with the secretariat, annual reviews of research results and modify research programmes as appropriate; (g) promote demand-driven participatory research, planning and priority setting; and (h) perform such other functions as the Board shall determine.

Operation of 33.

(1) Each research institute shall be semi research autonomous in its operations, implementation of its institutes.

programs and the allocation and management of its resources.

(2) The annual programmes and budget of a research institute shall be as approved by the Board.

(3) The Board may request an institute research advisory committee appointed under this Act or any other person or body as the Board considers appropriate to manage on behalf of the Organization the property of the institute.

Research 34.

(1) The management of a research institute shall institute vest in a research institute advisory committee constituted advisory committees.

by the Board for each research institute established under section 30.

(2) The Board shall competitively recruit and appoint such number of persons with such knowledge and experience as it shall consider necessary for the performance of the functions of the advisory committee.

(3) The members of the research institute advisory committee shall be appointed on such terms and conditions as the Board with approval of the Cabinet Secretary shall consider appropriate.

409 2013 Kenya Agricultural and Livestock Research No.

17 (4) The Board may co-opt into the membership of a committee established under subsection (1), such other persons whose knowledge and skills are found necessary for the functions of the committee.

Functions of 35.

The functions of a research insitute advisory research committee shall be to oversee the management of the institute advisory research institute and shall- committee.

(a) make recommendations to the Board on strategic and policy issues related to agricultural research and research program infrastructure; (b) oversee the implementation of policies and programs of the research institute and recommendations of the program review committee; (c) advice the Board on the status of programs and projects undertaken by the research institute and make recommendations on the improvements that may be undertaken; (d) make recommendations to the Board on mechanisms for partnering and integrating basic and translational research programs and for the adoption of research findings within the agricultural sector; (e) evaluate and make recommendations to the Board on areas of strategic investment and collaborations with other research institutes, research centres, organisations or individuals undertaking agricultural research; (f) review annually, the operations, administrative organisation and budgets of the research institute in relation to the programs and initiatives undertaken by the institute; (g) provide a forum for feedback and through which individuals undertaking research in the relevant area of research can submit their proposals and recommendations to the research institute; and (h) perform such other functions as shall be assigned to it by the Board.

410 No.

17 Kenya Agricultural and Livestock Research 2013 Director of a 36.(1) The Board shall competitively recruit and research appoint a Director for each research institute on such terms institute.

and conditions as the Board shall determine.

(2) The Director shall, subject to the directions of the Board, be responsible for the day to day management of a research institute.

Program review 37.(1) The Director of each research institute shall, committees.

with the approval of the Director General, appoint a programme review committee of that institute consisting of such persons as the Director General may approve.

(2) The programme review committee established under subsection (1) shall scrutinise research proposals of the institute in relation to which it is established and make recommendations on the relevance and priority of research programmes and projects to be undertaken by the institute.

PART VI FINANCIAL PROVISIONS Funds of the 38.

(1) The funds and assets of the Organisation shall Organisation.

comprise of (a) such moneys or assets as may accrue to or vest in the Organisation in the course of the exercise of its power or the performance of it functions under this Act, including proceeds from patents and breeders rights; (b) the Agricultural Research Fund; (c) such moneys as may be payable to the Organisation pursuant to this Act or any other written law; (d) such gifts as may be donated to the Organisation; (e) such moneys as may be appropriated by Parliament for the purposes of the Organisation; and (f) moneys from any other source granted, donated, or lent to the Organisation.

(2) The allocation of resources to the two directorates shall be done on a pro-rata basis depending on the contribution to Kenyas gross domestic product by the crop and livestock sectors, respectively.

(3) The Public Finance Management Act, 2012, No.18 of 2012.

shall be applicable in the management of financial resources in the sectors at all levels.

411 2013 Kenya Agricultural and Livestock Research No.

17 Establishment 39.

(1) There is established a fund to be known as the of the Fund.

Agricultural Research Fund.

(2) The Fund shall consist of (a) any funds provided by bilateral or multilateral donors, for the purpose of agricultural research; (b) moneys provided by Parliament specifically for the purpose of agricultural research; (c) any interest from loans and advances; and (d) funds from any other source approved by the Trustees.

(3) The Fund shall be managed by the Trustees appointed by the Board on such terms and conditions as the Board shall determine.

(4) The Organisation shall apply the moneys received into the Fund to provide strategic and predictable funding to agricultural research activities of the Organisation and carry out the operations of the Organisation.

(5) The Trustees may, from time to time and in consultation with the Board make rules for the better management of the Fund.

Powers to raise 40.

The Board may, upon consultation with the or borrow Cabinet Secretary and from time to time, raise or borrow, money.

either by way of mortgage, charge or overdraft from a bank or in such other ways as may be appropriate, such sums of money as it may consider necessary for or in connection with the exercise of its powers or performance of its functions and duties under this Act.

Power to 41.

The Organisation may, from time to time and, invest.

subject to the provisions of this Act, invest any sums standing to the credit of the Organisation, whether in any fund established by it, in securities or in any form of property in which the Trustees are authorized to invest under the Trustee Act, and in such other securities or Cap.

167 property as may be approved for the purpose by the Cabinet Secretary for the time being responsible for finance.

Accounts and 42.(1) The Board shall cause to be kept such books 412 No.

17 Kenya Agricultural and Livestock Research 2013 Audit.

of accounts and other books in relation thereto of all its undertakings, funds, activities and property as the Cabinet Secretary may from time to time approve and shall, within a period of four months after the end of the financial year, or within such a longer period as the Cabinet Secretary may approve, cause to be prepared, signed and forwarded to the Auditor-General (a) a balance sheet showing in detail the assets and liabilities of the Organisation; and (b) such other statements of accounts as the Cabinet Secretary may approve.

(2) The accounts of the Organisation shall be examined, audited and reported upon annually by the No.

12 of 2003 Auditor-General in accordance with the Public Audit Act, 2003.

(3) The Board shall produce and lay before the Auditor-General all books and accounts of the Organisation, together with all vouchers in support thereof, and all books, papers and writings in its possession or control relating thereto, and the Auditor-General shall be entitled to require from any member, officer, employee or agent of the Organisation such information and explanation as he may consider necessary for the performance of his duties as Auditor-General.

(4) The expenses incurred in and incidental to the auditing of the accounts of the Organisation shall be met by the Organisation.

Annual report 43.(1) The Organisation shall, within a period of seven and months after the end of the financial year or within such publication.

longer period as the Cabinet Secretary may approve, submit to the Cabinet Secretary a report of the operations of the Organisation during such year, and the yearly balance sheet and such other statements of account as the Cabinet Secretary shall require, together with the Auditor-Generals report thereon.

(2) The Organisation shall, if the Cabinet Secretary so requires, publish the reports, balance sheet and statements submitted to him under subsection (1) in such manner as the Cabinet Secretary may specify.

(3) The Cabinet Secretary shall cause to be laid the 413 2013 Kenya Agricultural and Livestock Research No.

17 before Parliament the reports, balance sheet and statements submitted to him under sub-section (1), and such statements of accounts as may he may approve, within a period of fourteen days of the receipt of the reports and statements by him, or, if Parliament is not sitting, within fourteen days of the commencement of its next sitting.

Financial year 44.

The financial year of the Organisation shall be the of the period of twelve months ending on the thirtieth of June in Organisation.

each year.

PART VIII MISCELLANEOUS PROVISIONS Request for 45.(1) The Director General may, in writing, request information.

any person to furnish the Organization with such information or to produce such documents or records as he deems necessary and relevant for the performance of the functions of the Organization.

(2) A person who (a) refuses or fails, without reasonable cause, to comply with a request under subsection (1) to furnish any information or to produce any documents or records; or (b) in furnishing such information, makes a statement which he knows to be false, commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand shillings, or to imprisonment for a term not exceeding two years, or to both.

Board to keep 46.

The Board shall keep information acquired for information purposes of the Organization confidential and shall disclose confidential.

such information only to the extent it considers necessary for the proper performance of the functions of the Organization.

Limitation of 47.

(1) The right of access to information the right to guaranteed under Article 35 of the Constitution is hereby access information.

limited under Article 24 of the Constitution to the nature and extent specified under subsection (2).

(2) The Organization, being a public entity, shall be under no obligation as contemplated under Article 35 of the Constitution to give any information that would, in the opinion of the Organization, compromise the integrity of research, patent and other related rights.

414 No.

17 Kenya Agricultural and Livestock Research 2013 Offences- 48.

(1) No officer, member of staff, or agent of the improper Organization shall disclose information acquired under this disclosure of information.

Act except (a) in the course of his duties under this Act; or (b) with the written consent of the Board.

(2) No person who receives information in contravention of subsection (1) shall disclose or publish the information.

(3) A person who contravenes subsection (1) or (2) commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Exemptions.

49.

Subject to other applicable laws, the Organization shall be exempted from such taxes, duties, fees, levy, cess or other charges as the Cabinet Secretary for the time being responsible for finance may by, notice in the Gazette, specify.

Regulations.

50.

The Cabinet Secretary may, on the recommendation of the Board, make regulations generally for the better carrying into effect the provisions of this Act.

PART IX TRANSITIONAL PROVISIONS Amendment of 51.

(1) The Science and Technology Act is amended Cap.

250.

(a) in the Fourth Schedule, by deleting the words Kenya Agricultural Research Institute; Kenya Marine and Fisheries Research Institute; Kenya Trypanosomiasis Research Institute and Kenya Forestry Research Institute appearing in the first column, and the corresponding provisions in the second and third columns; (b) in the Fifth Schedule, by deleting the words Kenya Agricultural Research Institute; Kenya Marine and Fisheries Research Institute; Kenya Forestry Research Institute and, Kenya Trypanosomiasis Research Institute appearing in the first column, and the corresponding provisions in the second column.

415 2013 Kenya Agricultural and Livestock Research No.

17 (2) This Part shall come into force on such date as the Cabinet Secretary may, by notice in the Gazette, appoint, and such date shall not be later than two years from the commencement of this Act.

Rights and 52.

All rights, obligations and contracts which, obligations.

immediately before the coming into operation of this Act, were vested in or imposed on a former institution shall by virtue of this section, be deemed to be the rights, obligations and contracts of the Organisation.

Transfer of staff.

53.(1) Every person who, immediately before the appointed day was an officer or member of staff of a former institution, not being then under notice of dismissal or resignation shall, on the appointed day and subject to subsection (2), become an officer or staff of the Organisation as the Cabinet Secretary may, by order, determine on the same or improved terms and conditions of service.

(2) A person who does not intend to become an officer or member of staff of the Organisation, as the case may be, shall, within a period of fourteen days from the appointed day, give a notice in writing to the Organisation, and such person shall be deemed not to have become such an officer or member of staff under subsection (1) but to have retired from the service of the former institution on the day preceding the appointed day.

(3) The term of any person who is, at the commencement of this Act, a member of the Board of a former institution shall expire on the commencement of this Act.

(4) The Cabinet Secretary may, by order, make provisions with respect to pension or provident fund benefits of the members of staff of the Organisation and with respect to the pension scheme and provident fund of the former institutions.

(5) The following time limits shall be observed upon the coming into force of this Act - (a) the transfer of staff shall be concluded within a period of three months; (b) the transfer of movable assets shall be concluded within a period of three months; 416 No.

17 Kenya Agricultural and Livestock Research 2013 (c) the transfer of land shall be concluded within a period of one year; and (d) the transfer of institutions shall be concluded within a period of one year.{{{ Assets and 54.

On the appointed day - liabilities.

(a) all funds, assets, and other property, moveable and immovable which, immediately before such day were vested in the former institutions, shall, by virtue of this paragraph, vest in the Organisation as the Cabinet Secretary may, by order, determine; (b) every officer having the power or duty to effect or amend any entry in a register relating to property, or to issue or amend any certificate or other document effecting or evidencing title to property, shall, without payment of a fee or other charge and upon request made by or on behalf of the Organisation, do all such things as are by law necessary to give final effect to the transfer of property referred to under paragraph (a); and (c) all rights, powers, liabilities and duties whether arising under any written law or otherwise howsoever, which immediately before the appointed day were vested in, imposed on or enforceable by or against a former institution shall, by virtue of this paragraph, be transferred to, vested in, imposed on or enforceable by or against the Organisation.

Legal 55.

On or after the appointed day, all actions, suits proceedings.

or legal proceedings whatsoever pending by or against a former institution shall be carried on or prosecuted by or against the Organisation as the case may be, and no such action, suit or legal proceedings shall in any manner abate or be prejudicially affected by the enactment of this Act.

Reference to 56.

Any reference to the former institution in any written laws.

written law or in any contract, document or instrument of whatever nature shall, on the commencement of this Act, be read and construed as a reference to the Organisation.

Directions, 57.

All directions, orders and authorizations given, orders, etc of 417 2013 Kenya Agricultural and Livestock Research No.

17 former or licenses or permits issued, or registrations made by a Institutions.

former institution and subsisting or valid immediately before the appointed day, shall be deemed to have been given, issued or made by the Organisation under this Act.

Interpretation.

58.

In this Part appointed day means the day appointed by the Cabinet Secretary under section 49(2); former institution means the research institutes and advisory committees established under the Science and Technology Act and institutions involved in the conduct of agricultural research established under the Companies Act, the State Corporations Act or such other written law which are specified in the Fourth Schedule and dissolved or wound up by virtue of this Act.

FIRST SCHEDULE (S.13) PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD Tenure of office.

1.

Any member of the Board, other than an ex-officio member shall, subject to the provisions of this Schedule, hold office for a period of four years, on such terms and conditions as may be specified in the instrument of appointment, but shall be eligible for re-appointment, subject to a maximum of two terms of office.

Meetings.

2.(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.

(2) Notwithstanding the provisions of subparagraph (1), the Chairman may, and upon requisition in writing by at least six members shall, convene a special meeting of the Board at any time for the transaction of the business of the Board.

(3) Unless three quarters of the total members of the Board otherwise agree, at least fourteen days' written notice of every meeting of the Board shall be given to every member of the Board.

(4) The quorum for the conduct of the business of the Board shall be seven members including the chairperson or the person presiding.

418 No.

17 Kenya Agricultural and Livestock Research 2013 (5) The chairperson shall preside at every meeting of the Board at which he is present but, in his absence, the members present shall elect one of their numbers to preside, who shall, with respect to that meeting and the business transacted thereat, have all the powers of the chairperson.

(6) 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 voting and, in the case of an equality of votes, the chairperson or the person presiding shall have a casting vote.

(7) Subject to subparagraph (4), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.

Disclosure of 3.(l) If a member is directly or indirectly interested in interest by any contract, proposed contract or other matter before the Board members.

Board and is present at a meeting of the Board at which the contract, proposed contract or other matter is the subject of consideration, that member shall, at the meeting and as soon as practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter: Provided that, if the majority of the members present are of the opinion that the experience or expertise of such member is vital to the deliberations of the meeting, the Board may permit the member to participate in the deliberations subject to such restrictions as it may impose but such member shall not have the right to vote on the matter in question.

(2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

(3) A member of the Board who contravenes subparagraph (1) commits an offence and is liable to imprisonment for a term not exceeding six months, or to a fine not exceeding one hundred thousand shillings, or both.

Execution of 4.

Any contract or instrument which, if entered into instruments.

or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed on behalf of the Board by any person generally or 419 2013 Kenya Agricultural and Livestock Research No.

17 specially authorized by the Board for that purpose.

Minutes.

5.

The Board shall cause minutes of all resolutions and proceedings of meetings of the Board to be entered in books kept for that purpose.

SECOND SCHEDULE (S.30) RESEARCH INSTITUTES (a) Food Crop Research Institute.

(b) Livestock Research Institute.

(c) Fisheries and Marine Research Institute.

(d) Industrial Crop Research Institute.

(e) Horticulture Research Institute (f) Forest and Environment Research Institute.

(g) Water Resource Management Research Institute.

(h) Arid and Range Lands Research Institute.

(i) Genetic Resources Research Centre.

(j) Biotechnology Research Institute.

(k) Beef research Institute.

(l) Apiculture Research Institute.

(m) Dairy Research Institute.

(n) Non-Ruminant Research Institute.

(o) Sheep and Goat Research Institute.

(p) Veterinary Science Research Institute.

(q) Wildlife Research Institute.

(r) Marine and Fisheries Research Institute.

THIRD SCHEDULE (S.25(h)) SECTORAL MINISTRIES The Ministries for the time being responsible for matters relating to (a) agriculture; (b) regional development authorities; (c) cooperative development and marketing; (d) livestock development; 420 No.

17 Kenya Agricultural and Livestock Research 2013 (e) fisheries development; (f) lands; (g) development of northern Kenya and other arid lands; (h) environment mineral resources; (i) forestry and wildlife; and (j) water and irrigation.

FOURTH SCHEDULE (S.56) FORMER INSTITUTIONS (a) Kenya Agricultural Research Institute (b) Kenya Marine and Fisheries Research Institute (c) Kenya Trypanosomiasis Research Institute (d) Kenya Forestry Research Institute (e) Agricultural Science Advisory Research Committee (f) Coffee Research Foundation (g) Tea Research Foundation of Kenya (h) Kenya Sugar Research Foundation.

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