No 16 Of 2016 - as Plain Text by MWakili

co - SPECIAL ISSUE Kenya Gazette Supplement No.

82 (Acts No.

16) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2016 NAIROBI, 29th May, 2016 CONTENT Act PAGE The Judiciary Fund Act, 2016.393 NATOAtC0UftFOR LAW (PORflNG' RE EVE 0 2AAJUNffl I .443-00100 P () KENYA FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI - - - / 'I-- :-' 4- - - r 393 THE JUDICIARY FUND ACT No.

16 of 2016 Date of Assent: 23rd May, 2016 Date of Commencement: 12th June, 2016 ARRANGEMENT OF SECTIONS Section PART IPRELIMINARY Short title.

Interpretation.

3Objectives of the Fund.

4Sources of the Fund.

PART 11ADMINISTRATION OF THE FUND 5--Administration of the Fund.

6Utilization of the Fund.

7Monies to be retained in the Fund.

8 Financial year.

9Bank accounts.

10Accounts and audit.

11Annual report.

12 Delegation by Chief Registrar.

13Authority to incur expenditure.

PART IIIPROVISIONS ON DELEGATED LEGISLATION 14Regulations.

PART IVCONSEQUENTIAL AMENDMENTS 15Repeal of section 27 of No.

1 of 2011.

16Amendment of No.

1 of 2011.

394 No.

16 Judiciary Fund 2016 THE JUDICIARY FUND ACT, 2016 AN ACT of Parliament to provide for the regulation of the Judiciary Fund and for connected purposes ENACTED by the Parliament of Kenya as follows PART IPRELIMINARY 1.

This Act may be cited as the Judiciary Fund Act, Short title.

2016.

2.

In this Act, unless the context otherwise requires- Interpretation.

"Chief Registrar" means the Chief Registrar of the Judiciary appointed under Article 161 (2) Constitution; and (c) of the "Fund" means the Judiciary Fund established by Article 173 of the Constitution.

3.

The objectives of the Fund are to Objectives of the Fund.

safeguard the financial independence of the Judiciary; and operational ensure accountability for funds allocated to the Judiciary; and ensure that the Judiciary has adequate resources for its functions.

4.

There shall be paid into the Fund Sources of the Fund.

such monies as may be appropriated by the National Assembly out of the Consolidated Fund; any grants, gifts, donations or bequests; such monies as may be allocated purposes for that from investments, fees administered by the Judiciary; and or levies moneys accruing to or received by the Judiciary from any other source.

PART 11ADMINISTRATION OF THE FUND 5.

The Chief Registrar shall- Administration of the Fund.

in the management of the Fund, ensure compliance with the Public Finance Management Act, 2012; and No.

18 of 2012.

be responsible for the effective, efficient and economic use of the Fund.

395 2016 Judiciary Fund No.

16 - Utilization of the 6.

The Fund shall be used Fund.

to defray the administrative expenses of the Judiciary; for the acquisition and proper maintenance of buildings, grounds and other assets Judiciary; and of the for any other purpose provided for in Constitution and any other written law.

the 7.

All receipts savings and accruals to the Fund and Monies to be the balance of the Fund at the end of each financial year retained in the Fund.

shall be retained in the Fund and applied in accordance with the Constitution and this Act.

8.

The financial year of the Fund shall be the period of Finanial year.

twelve months ending on the thirtieth June each year.

9.

The Chief Registrar shall open and maintain such Bank accounts.

bank accounts as are necessary for the management of the Fund.

effective 10.

(1) The Chief Registrar shall- Accounts and audit.

keep or cause to be kept proper books of accounts and other books and records related to the Fund; and prepare, sign and transmit to the Auditor-General accounts of the Fund in accordance with Public No.

12 of 2015.

Audit Act, 2015.

Within a period of three months from the end of each financial year, the Chief Registrar shall submit to the Auditor General the accounts of the Fund.

The accounts of the Fund shall be audited and No.

12 of 2015.

reported upon in accordance with the Public Audit Act, 2015.

11.

(1) The Chief Registrar shall, within three months Annual report.

after the end of each financial year, prepare and submit to the National Assembly a report of the operations of the Fund for the immediately preceding year.

(2) The Chief Registrar shall forward a copy of the report to the Chief Justice.

12.

The Chief Registrar, may, for purposes of the Delegation by Chief Fund, delegate to a judicial officer or judiciary staff, in 396 Judiciary Fund .2016 No.

16 writing, the powers or functions of an Accounting Officer in accordance with the Public Finance Management Act, No.

18 of 2012.

2012.

13.

(1) The Chief Registrar may, in writing, authorize AuthotYto incur a judicial officer or a member of staff for the efficient management of the Judiciary.

(2) The authority to incur expenditure shall be accompanied by guidelines on its usage.

PART IIIPROVISIONS ON DELEGATED LEGISLATION 14.

(1) The Chief Justice may, in consultation with the Regulations.

Chief Registrar, make regulations for the proper management of the Fund.

(2) For the purposes of Article 94 (6) of the Constitution- the purpose and objective of delegation under this section is to enable the Chief Justice to make regulations to provide for the proper management of the Fund; the principles and standards applicable to the regulations made under this section are those set Cap.

2.

No.

23 of 2013.

out in the Interpretation and General Provisions Act, and the Statutory Instruments Act, 2013.

PART IV CONSEQUENTIAL AMENDMENTS 15.

The Judicial Service Act, 2011 is amended by Repeal of section 27 repealing section 27 and revoking the regulations made of No.

1 of 2011.

thereunder.

16.

The Judicial Service Act is amended by deleting Amendment of No.

section 28 and substituting therefor the following 1 of 2011.

Bank accounts.

28.

The Commission shall open and maintain such bank accounts as are necessary for the exercise of its functions.

.