The Foreign Service Act 2021 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING LIBRARY SPECIAL ISSUE Kenya Gazette Supplement No.

212 (Acts No.

12) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2021 NAIROBI, 23rd November, 2021 CONTENT A ct Pa ge 23 1 The Foreign Service Act, 2021 NATI0!\jAL COUNCIL FOR LAW REPORTINO R EE CE 3V EDI0a DEC 2021 P.

O.

Box 10443- 00100, NAIROBI, KENYA TEL: 2719231 FAX: 2712684 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 231 THE FOREIGN SERVICE ACT, 2021 No.

12 of 2021 Date of Assent: 17th November, 2021 Date of Commencement: 7th December, 2021 ARRANGEMENT OF SECTIONS Section PART I - PRELEVnNARY 1 Short title.

2Interpretation.

PART II- THE FOREIGN SERVICE 3Establishment of the Foreign Service.

4Composition of the Foreign Service.

5Functions of the Foreign Service.

6Powers and functions of the Cabinet Secretary.

7Functions of the Principal Secretary.

PART m-MINISTRY HEADQUARTERS AND MISSIONS 8Organizational Structure.

9Administrative Divisions of the Ministry Headquarters.

10Establishment of Missions of the Republic.

PART rV- MANAGEMENT OF THE SERVICE 11 Recruitment.

12Conditions of service for officers.

13Secondment of officers to i nternational organizations.

14Deployment of officers to Missions.

15Training.

16Secondment of officers from other Ministries.

17 Locally engaged staff.

232 No.

12 2021 Foreign Service \ 18Privileges and immunities of Officers, spouse and children.

19Code of conduct.

PART V - APPOINTMENT OF HIGH COMMISSIONERS, AMBASSADORS AND DIPLOMATIC AND CONSULAR REPRESENTATIVES 20Appointment.

21 Head of M ission.

22Duration of appointment.

23Termination of appointment.

24Accreditation.

25Appointment of Honorary Consuls.

26Functions and responsibilities of an Honorary Consul.

PART VI- FOREIGN POLICY OF THE REPUBLIC 27Policy to be published.

PART VH- THE FOREIGN SERVICE ACADEMY 28Establishment of the Academy.

29Functions of the Academy.

30Composition of the Council.

31 Powers of the Council.

32Conduct of business and affairs of the Council.

33 Remuneration of the Council.

34 Director-General.

35Functions of Director-General.

36 Corporation Secretary.

37Common Seal.

38Staff of the Academy.

39Delegation by the Council.

I 40Protection from liability.

41 Funds of the Academy.

42Financial year.

233 2021 No.

12 Foreign Service 43Annual Estimates.

44Accounts and audit.

PART Vra - M ISCELLANEOUS PROVISIONS 45Administration of A ct.

46Costs of emergency evacuation.

47Foreign exchange fluctuations.

48Diplomatic reporting, notifications and communications.

PART IX - PROVISIONS ON DELEGATED POWERS 49Regulations.

PART X - TRANSITION 50Transition.

SCHEDULE- PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL 234 2021 No.

12 Foreign Service THE FOREIGN SERVICE ACT, 2021 AN ACT of Parliament to provide for the establishment management, administration, accountability and functioning of a professional foreign service of the Republic of Kenya and for connected purposes ENACTED by the Parliament of Kenya as follows PART I - PRELEVH NARY Short title.

1.

This Act may be cited as the Foreign Service Act, 2021.

Interpretation.

2.

In this Act, unless the context otherwise requires Academy means the Foreign Service Academy established under section 28; attachd means a public offi cer other than a foreign f or service offi cer deployed to a Kenya Mission abroad specialized duties; 44 Cabinet Secretary means the Cabinet Secretary for foreign the time being responsible for matters relating to affairs; career diplomat means an Offi cer of a rank eligible for appointment as a high commissioner, ambassador, diplomatic or consular representative; 44 consular post means any consulate-general, consulate, vice-consulate or consular agency; ( Council means the Council of the Academy established under section 30; dependant child means a biological offspring or a legally adopted child who is not married- (a) and is under the age of twenty-two years; (b) is in school and is under the age of twenty-four years; or (c) has special needs and is wholly dependent on an offi cer , diplomatic agent means the Head of a Mission or a member of the diplomatic staff of the mission; 44 Foreign Service means the Foreign Service established under section 3.

235 No.

12 2021 Foreign Service Government means the Govern ment of the Republic of Kenya; Headquarters means the administrative centre of the Service in Kenya; Head of Mission means an Ambassador, High Commissioner, Permanent Representative, a Consul- General or an Offi cer acting in that capacity; Honorary Consul means an official representative of i nclude one country in the territory of another and does not a career diplomat; aanme an si ntern ational organization intergovernmental organization; locally engaged staff means staff employed on local terms in a Kenyan Mission; Ministry means the Ministry responsible for matters relating to foreign affairs as designated by the President; Mission means a Kenyan Embassy, High Commission, Consulate-General or a duly accredited representational office abroad or within the Republic; a Officer means a Foreign Service officer; a Public Service Commission means the Public the Service Commission established under Article 233 of Constitution; a Republic of Kenya or the Republic means any Republic of land territory within the territorial limits of the se a Kenya, and includes the internal waters and territorial of the Republic of Kenya; Service means the Foreign Service of the Republic of Kenya established under Section 3; a service staff means persons recruited to offer other technical and administrative support to the Service than foreign service officers; a special needs means a physical or mental condition which necessitates special care for a dependant child; a spouse means wife or husband of an Offi cer as no.

4 of 20 14 declared by the Officer and recognized under the Marriage Act; 236 No.

12 2021 Foreign Service tour of duty means the period of time between (a) when an appointed Officer reports to a Mission; and (b) when the Offi cer is recalled to Ministry Headquarters.

PART n - THE FOREIGN SERVICE Establishment of of 3.

(1) There is hereby established a Foreign Service the Foreign the Republic of Kenya within the Ministry.

Serviee.

(2) The Foreign Service shall be headed by the Cabinet Secretary.

(3) In the performance of its functions, the Foreign Service shall be guided by the national values and principles of governance enshrined in the Constitution, international law and customs of diplomatic practice.

at composiUonof 4.

(1) The Service shall comprise officers serving the headquarters and in Missions, who shall include S ?" (a) high commissioners, ambassadors and diplomatic and consular representatives; (b) Special envoys; (c) Honorary Consuls; (d) foreign service officers; and (e) any other officer as may be designated by any written law or by the Cabinet Secretary in writing.

(2) The composition of the Service shall reflect the of gender, regional and other diversities of the people Kenya.

Functions of the 5.

In addition to any other responsibilities designated Foreign Service.

in writing by the President to the Ministry, the Service shall (a) be responsible for the development and management of Kenyas foreign policy; (b) conduct and coordinate the intern ational relations and cooperation of the Republic at bilateral, regional and multilateral levels; (c) enhance protection of Kenyas sovereignty and territorial integrity; 237 2021 Foreign Sendee No.

12 (d) enhance national, regional and international peace, security and stability; (e) protect, promote and project national interests globally; (f) establish and maintain good relations between the Republic and other countries, and intern ational organizations; (g) manage the Republics Missions; (h) serve and promote the legitimate interests of Kenyans living abroad; (i) administer diplomatic privileges and immunities; 0) administer all foreign representations in the Republic; (k) be the primary interface between the Republic and foreign states and international organizations or entities; (1) f acilitate negotiation and conclusion of international treaties and agreements in consultation with relevant ministries; (m) maintain custody of ratified international treaties and agreements; (n) f acilitate the i ntegration of Kenyas foreign policy in national security; (o) coordinate, monitor and report on the implementation of the Republics international obligations; (p) coordinate and provide protocol services to designated foreign and national dignitaries as prescribed; (q) provide consular services as prescribed; (r) coordinate relevant agencies in emergency evacuation of distressed Kenyans abroad; and (s) perform any other function as may be necessary for the discharge of its mandate as prescribed by any written law.

Powers and in6.

In addition to any powers or functions designated f unctions of the writing by the President, the Cabinet Secretary shall Cabinet Secretary.

238 No.

12 2021 Foreign Service (a) be the principal advisor to the President on matters relating to foreign policy; (b) provide strategic leadership and policy guidance to the Service; (c) consult and advise the Public Service Commission on appropriate officers to be appointed to the Foreign Service; (d) ensure that the Service and Missions pursue the foreign policy objectives of the Republic, in coordination with other ministries and agencies in the Republic; (e) advise the Cabinet on the establishment of Missions of the Republic; (f) provide policy advice to the Government on matters relating to foreign policy; (g) establish such consultative coordination mechanisms as may be necessary for the effective implementation of this Act; (h) conduct and coordinate communications between the government of the Republic and govern ments of other countries and i ntergovernmental organizations and agencies; (i) oversee and i mplement directives by the President relating to the appointment or recall of high commissioners, ambassadors and diplomatic and consular representatives; (j) administer, manage and develop the capacity of the Service; (k) i ssue guidelines on the coordination and alignment of matters relating to foreign affairs to National and county governments; (1) approve the accreditation of a high commissioner, ambassador, diplomatic or consular representative to serve more than one country or j urisdiction; and (m) ratify international agreements on behalf of the Republic subject to approval by the National Assembly.

239 2021 No.

12 Foreign Service Functions of the 7.

The Principal Secretary in the Ministry responsible Pri ncipal to for matters relating to foreign affairs shall be responsible Secretary.

the Cabinet Secretary and shall (a) provide administrative supervision to the Service; (b) co-ordinate the performance management of the Service; (c) oversee implementation of programmes; (d) provide foreign policy advice to the Cabinet Secretary; (e) be the principal accounting officer and ensure efficient utilization of funds and other public re so urces ; (f) act as the point of contact for the Service; (g) advise the Cabinet Secretary on human resource matters; and (h) perform any other functions as delegated by the Cabinet Secretary.

PART III-MINISTRY HEADQUARTERS AND MI SSI ONS 8.

The Cabinet Secretary shall prescribe the Organizational and its organizational structure of the Ministry headquarters overseas Missions in regulations.

Administrative the 9.

(1) For the effective administration of this Act, divisions of the core Ministry Headquarters shall establish offices for the Ministry Headquarters.

f unctions of (a) providing foreign policy advice and coordinating political diplomacy; (b) coordinating protocol matters for efficient diplomatic engagement; (c) providing legal advice and handling compliance matters; (d) advancing economic and commercial diplomacy; and (e) central planning and coordination of Ministry projects.

(2) The Ministry Headquarters may establish any other under offices necessary for the discharge of its functions this A ct.

240 No.

12 Foreign Service 2021 Establishment of 10.

(1) The Cabinet Secretary may recommend, and Missions of the upon approval by the Cabinet, establish a Mission in Republic.

accordance with the provisions of the Vienna Convention on Diplomatic Relations, 1961, the Vienna Convention on Consular Relations, 1963, and the provisions of treaties and conventions establishing intergovernmental organizations and agencies.

(2i) In recommending the establishment of a Mission and any office of the Foreign Service abroad, the Cabinet Secretary shall be guided by the Kenyan foreign policy.

of (3) The Cabinet Secretary shall, with the approval Cabinet (a) prescribe the territorial accreditation boundaries of a Mission; (b) amalgamate two or more Missions; or (c) close or downgrade a Mission.

PART IVMANAGEMENT OF THE SERVICE Recruitment, 11.

(1) The Cabinet Secretary shall, in consultation with the Public Service Commission (a) determine the terms and conditions of service for members of the Service; and (b) establish a Foreign Service Personnel Scheme which shall guide the criteria relating to recruitment and career progression within the Service.

(2) A person shall not be recruited into the Service unless the person (a) isa Kenyan citizen; and (b) has undertaken and passed Foreign Service Examinations administered by the Academy.

be (3) Recruitment and promotion in the Service shall conducted through a competitive process to determine the in competence, fitness and aptitude of candidates to serve the Foreign Service.

(4) The Public Service Commission shall, in consultation with the Cabinet Secretary, recruit 24 1 2021 Foreign Service No.

12 (a) suitably qualified officers to execute the functions of the Foreign Service; and (b) service staff to provide technical and support services to the Service.

(5) The recruitment and appointment procedure under of this Act shall comply with the values and principles No.

lA of 20 15.

Public Service enshrined under the Constitution and the Public Service (Values and Principles) Act.

Conditions of 12.

(1) The Public Service Commission shall, in service for the consultation with the Cabinet Secretary, prescribe officers.

conditions of service for offi cers, high commissioners, and ambassadors, diplomatic and consular representatives other diplomatic personnel.

(2) The Cabinet Secretary shall, on the advise of the l ev el Salaries and Remuneration Commission, prescribe the of allowances and other entitlements applicable to (a) high commissioners, ambassadors and diplomatic and consular representatives; and (b) staff members assigned,, engaged or seconded to serve at a Mission of the Republic.

Secondment of 13.

The Cabinet Secretary may, with the concurrence officers to the of the Public Service Commission, second officers of i nternational organizations.

Ministry to any intergovernmental organization or agency.

Deployment of to 14.

(1) The Cabinet Secretary may, with notification officers to the the Public Service Commission, assign any officer of Missions.

Service to any Mission.

(2) The Cabinet Secretary may extend or terminate any overseas assignment under subsection (1), and require an officer to return to headquarters.

(3) Any officer of the Ministry assigned overseas shall, in addition to the provisions under his or her employment contract, continue to be bound by the regulations governing the public service.

(4) The Cabinet Secretary may recall an officer his or her assigned to serve at a Mission prior to the end of term as prescribed in regulations.

Training.

15.

(1) The Cabinet Secretary shall ensure that all officers receive appropriate diplomatic and other training relevant to their ranJc under the personnel scheme.

242 2021 No.

12 Foreign Service shall (2) The training and capacity building of officers be undertaken by the Academy and such other institutions as may be authorized by the Principal Secretary.

Secondment of an 16.

(1) The Public Service Commission may, with the offi cer from concurrence of the relevant Cabinet Secretary and the another M inistry.

to Cabinet Secretary, second staff from any other Ministry any Mission.

(2) Where a person is seconded to a Mission under subsection (1), the Cabinet Secretary and the relevant Cabinet Secret^ shall agree on the employment and of fi nancial conditions that shall apply for the duration secondment.

Locally engaged 17.

(1) The Head of a Mission staff.

(a) shall constitute a recruitment committee comprising senior administrative staff; and (b) may, on the recommendation of the committee, employ suitably qualifi ed persons at any Mission.

(2) The Head of the Mission shall conduct a background check before employing a person under this section.

(3) The terms and conditions of employment of locally l aw s of engaged staff shall be in accordance with the labour the host country.

and 18.

(1) An Offi cer or an accompanying spouse or Pri vileges dependant child shall not during the Officers tour of duty (^ cTmT^fse and children, be deprived of any of their privileges, i mmunities, allowances, benefi ts or any form of status expressly provided for in the relevant treaty or convention.

(2) A person who abuses any privilege or immunity granted under this section shall be subjected to disciplinary action as appropriate.

(3) A person shall not waive the privileges and immunities granted under this section without the express approval of the Cabinet Secretary.

Code of conduct.

19.

The Cabinet Secretary shall prescribe a code of conduct to bind all officers and service staff engaged by the Ministry.

243 No.

12 2021 Foreign Service PART V- APPOINTMENT OF HIGH COMMISSIONERS, AMBASSADORS AND DIPLOMATIC AND CONSULAR REPRESENTATIVES Appointment.

20.

(1) The Office of a high commissioner, be ambassador, diplomatic or consular representative shall a State office for purposes of Article 260 of the Constitution.

(2) Pursuant to Article 132 (2) (e) of the Constitution, of the President shall nominate and, subject to the approval the National Assembly, appoint high commissioners, ambassadors and diplomatic or consular representatives.

(3) A nomination under sub section (2) shall reflect (a) a fair balance between career diplomats and other appointees; and (b) the gender, regional and other diversities of the people of Kenya.

(4) A person nominated for appointment under subsection (2) shall be (a) a citizen of Kenya; and (b) of a reputable character and standing.

Duties of the 21.

The Head of aM ission shall Head of M ission.

(a) actively pursue the foreign policy objectives of the Republic in the host country; of (b) act as the personal representative of the Head State in the host country; at (c) act as an official representative of the Republic official functions in the host country; (d) be responsible for the management and administration of the Mission and all members of the Foreign Service located at the Mission, including the locally engaged staff of the Mission; (e) be accountable for any expenditure of the Mission and ensure that the budget of the Mission is administered in accordance with the Public No.

18 of 20 12 Finance Management Act, 2012 and all other applicable laws and regulations.

244 No.

12 Foreign Service 2021 (2) A Mission may have more than one person designated to serve as ambassador or high commissioner.

(3) Where a Mission has more than one ambassador cr or high commissioner, the ambassador or high commissioner designated as ambassador extraordinary and plenipotentiary shall be the Head of Mission.

22.(1) Duration of Unless terminated earlier under section 23, a appointment.

high commissioner, ambassador, diplomatic or consular representative shall serve for a term of four years.

(2) On the expiry of the term of a high commissioner, ambassador, diplomatic or consular representative the President may either of (a) appoint a replacement, subject to the approval the National Assembly; or (b) re-appoint a high commissioner, ambassador, diplomatic or consular representative previously approved for appointment by the National Assembly in accordance with this Act.

(3) The re-appointment of a high commissioner, ambassador, diplomatic or consular representative under subsection (2)(b) shall not require the approval by the National Assembly.

Termination of 23.The President may terminate the appointment of a appointment.

high commissioner, ambassador, diplomatic or consular representative before the end of his or her term.

Accreditation.

24.

A Mission, and its respective Head of Mission, may be accredited to one or more states and international organisations.

of 25.(1) The President may appoint any suitable Appointment person as an Honorary Consul for the Republic.

coSur '^*^ (2) When recommending a person for appointment under subsection (1), the Cabinet Secretary shall provide evidence that the person (a) is of independent means; (b) is of high standing in his or her countiy; the (c) has relevant contacts within and beyond government of the host country; 245 2021 Foreign Service No.

12 (d) is coinmitted and has the ability to promote, pursue and articulate the interests of the Republic in the host country, in accordance with the foreign policy objectives of the Republic.

(3) Each Honorary Consul shall report directly to (a) the Head of Mission responsible for that country; or (b) where there is no Head of Mission, to the Cabinet Secretary.

Functions and 26.

(1) The functions and responsibilities of an responsibilities of Honorary Consul shall be to an Honorary Consul.

(a) actively pursue the foreign policy objectives of the Republic in the host country; at (b) act as an official representative of the Republic official functions in the host counti7; (c) report to the Head of Mission on business, training, vocational and other opportunities available to nationals of the Republic in the host country; and (d) perform any other function or responsibility contained in his or her i nstrument of appointment.

(2) The President may, in writing, terminate the appointment of an Honoraiy Consul.

PART VI - FOREIGN POLICY OF THE REPUBLIC Policy to be 27.

The Cabinet shall formulate the foreign policy published.

the objectives of the Republic on the recommendation of Cabinet Secretary.

PART VII - THE FOREIGN SERVICE ACADEM Y Establishment of 28.

(1) There is established, under the Ministry, an the Academy.

Academy to be known as the Foreign Service Academy.

(2) The Academy shall be a body corporate with its perpetual succession and a common seal and shall, in corporate name, be capable of (a) suing and being sued; (b) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property in and out of Kenya; 246 2021 No.

12 Foreign Service (c) borrowing or receiving grants; and (d) doing or causing to be done or performing all such other things or acts f or the proper performance of its functions under this Act, as may be lawfully done or performed by a body corporate.

Functions of the 29.

The Academy shall Academy.

(a) be the principal i nstitution f or training and capacity building of members of the Foreign Service; (b) undertake foreign policy consultancy, research and analysis for the Service, Government and clients in the private and public sector; (c) develop and conduct periodic evaluation of training programmes to ensure relevance, quality and effectiveness; (d) undertake continuous foreign service training and other programmes to enhance skills, capacity and professionalism of officers; (e) offer induction courses to all newly employed persons to help them transition into a career in the Service; (f) administer entry and promotional examinations within the Serv ice: (g) undertake training of members of the Service before deployment for a tour of duty; (h) conduct examinations for the grant of such professional and academic awards as may be prescribed; (i) develop and maintain a repository of research resources on foreign policy and related issues; (j) develop li nkages and collaborations with institutions of l earning, professional organizations, private sector and other similar i nstitutions across the world; (k) control the publication and use of research findings of the Service; and (1) perform all other acts necessary for the proper performance of its functions under this Act, 247 2021 No.

12 Foreign Service which may lawfully be done or performed by a body corporate.

Composition of 30.

(1) The Academy shall be administered by a the Council.

Council comprising (a) a Chairperson appointed by the Cabinet Secretary from amongst the persons appointed under paragraph (d); (b) the Principal Secretary in the Ministry responsible for matters relating to foreign affairs or a representative designated in writing; (c) the Principal Secretary in the National Treasury or a representative designated in writing; (d) three persons competitively recruited and appointed by the Cabinet Secretary, one of whom shall be a person who teaches diplomacy or international relations in a university recognized in Kenya; (e) the Secretary of the Public Service Commission; (f) the Director-General of the Kenya School of Govern ment; and (g) the Director-General, who shall be an ex-ofjicio member.

(2) A person shall not be appointed to the Council under subsection (l )(d) unless such person (a) meets the requirements of Chapter Six of the Constitution; (b) possesses a post graduate degree from a recognised university in (i) i nternational relations; (ii) i ntern ational law; (iii) intern ational diplomacy; (iv) economics; (v) social sciences; or (vi) a relevant field; and 248 No.

12 2021 Foreign Service (c) possesses experience, knowledge or expertise in matters relating to foreign and diplomatic service.

(3) The chairperson and members of the Council f or a appointed under subsection (1) (d) shall hold offi ce shall term of three years from the date of appointment and be eligible for re-appointment for one further term.

Powers of the 31.

(1) The Council shall have all powers necessary Council.

for the proper performance of the functions of the Academy under this A ct.

(2) Without prejudice to the generality of the foregoing, the Council shall have power to the (a) control, supervise and administer the assets of Academy in such manner as best promotes the purposes for which the Academy is established; (b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Academy; (c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom with the approval of the Cabinet Secretary; (d) open such banking accounts for its funds as may be necessary with the approval of the Cabinet Secretary for the National Treasury; (e) invest any of its funds not immediately required for its purposes with the approval of the Cabinet Secretary and the Cabinet Secretary for the National Treasury; (f) undertake any activity necessary for the fulfilment of any of its functions under this Act; and (g) determine the content, scope and relevance of foreign service programmes.

Conduct of 32.

(1) The conduct of the business and affairs of the business and Council shall be as provided in the Schedule.

af fairs of the Council.

(2) Except as provided in the Schedule, the Council may regulate its own procedure Remuneration of 33.

The Council shall pay its members such the Council.

remuneration, fees or allowances as may be determined by the Salaries and Remuneration Commission.

249 2021 Foreign Service No.

12 Director-General.

34.

(1) There shall be a Director-General of the Academy who shall be competitively recruited and appointed by the Council.

(2) The Director-General shall serve for a five year term, renewable once on the basis of satisfactory perfonnance.

(3) A person shall qualify for appointment as Director- General if the person (a) possesses a post graduate degree f rom a recognised university in (i) i nternational relations; (ii) i nternational law; (iii) international diplomacy; (iv) economics; (v) social sciences; or (vi) a relevant field; and (b) has at least ten years post graduate working experience; and (c) meets the requirements of Chapter Six of the Constitution.

Functions of 35.

The Director-General shall be Director-General.

(a) the accounting officer of the Academy; and (b) responsible for (i) i mplementing the decisions of the Council; (ii) efficient administration of the Academy; (iii) preparing annual reports on activities of the Academy; (iv) the day-to-day administration and management of the affairs of the Academy; and (v) the performance of such other duties as may be assigned by the Council or as may be prescribed under this Act, or any other written law.

250 2021 No.

12 Foreign Service Corporation 36.

(1) There shall be a Corporation Secretary of the Secretary.

Academy who shall be the Secretary to the Council.

(2) The terms and conditions of service of the Corporation Secretary shall be determined by the Council in consultation w ith the Salaries and R emuneration Commission.

Common Seal.

37.

(1) The common seal of the Academy shall be kept not be in such custody as the Council may direct and shall used except on the order of the Council.

(2) The affi xing of the common seal of the Academy shall be authenticated by the signature of the Chairperson and the Director-General and any document not required by l aw to be m ade under seal and all decisions of the Council may be authenticated by the signatures of both the Chairperson and the Director-General.

(3) Notwithstanding the provisions of subsection (2) the Council shall, in the absence of either the Chairperson one or the Director-General in a particular matter, nominate member to authenticate the seal on behalf of either the Chairperson or the Director-General.

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

Staf f of the 38.

The Council may appoint such offi cers and other Academy.

of the staff as may be necessary for the proper discharge terms functions of the Academy under this Act, upon such the and conditions of service as it may determine upon advice of the Salaries and Remuneration Commission.

Delegation by the or 39.

The Council may, by resolution either generally Council.

in any particular case, delegate to any committee or member of the Council or to any Offi cer, employee or or agent of the Academy, the exercise of any of the powers the the performance of any of the functions or duties of Academy under this Act or under any other written law.

Protection fr om 40.

(1) The Council or members of staff shall not be liability.

a result liable for loss or damage sustained by any person as and of any action or omission done or made in good faith 251 2021 No.

12 Foreign Service without negligence in the performance of any duty or power conferred by this Act.

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

Funds of the 41.

(1) The funds of the Academy shall comprise Academy.

(a) such moneys as may be appropriated by the National Assembly for purposes of the Academy; (b) such moneys, revenue or assets as may accrue to or vest in the Academy in the course of the exercise of its powers or the performance of its functions under this Act or under any other written law; (c) funds accruing from investments made by the Academy; the (d) such gifts, grants, loans or donations, made to Academy; (e) money from any other source received by the Academy in the performance of its functions under this A ct; and (f) monies from any other sources that the Council may approve.

Financial year, 42.

The financial year of the Academy shall be the June period of twelve months ending on the thirtieth of each year.

Annual Estimates.

43.

( 1) At l east three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Academy for that year.

(2) The annual estimates shall make provision for all estimated expenditure of the Academy for the financial f or - year and in particular, the estimates shall provide (a) the payment of the allowances and other charges in respect of members of the Council; 252 No.

12 2021 Foreign Service (b) the payment of salaries, allowances, pensions, gratuities and other charges in respect of the staff of the Academy; (c) the proper maintenance of the buildings and grounds of the Academy; (d) the maintenance, repair and replacement of the equipment, machinery and other property of the Academy; and (e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Council may deem appropriate.

(3) The annual estimates shall be approved by the to Council before the commencement of the financial year which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretarys approval, the Council shall not i ncrease the annual estimates of the Academy without the consent of the Cabinet Secretary.

Accounts and 44.

(1) The Council shall cause to be kept all proper audit.

books and records of accounts of the income, expenditure and assets of the Academy.

(2) Within a period of three months from the end of each financial year, the Council shall submit to the Auditor- General the accounts of the Academy together with (a) a statement of the income and expenditure of the Academy during that year; and of (b) a balance sheet of the Academy on the last day that year.

(3) The accounts of the Academy shall be audited and reported upon in accordance with the Public Audit Act, No.

34 of 20 15.

2015.

PART VIII- MISCELLANEOUS PROVISIONS Administration of the 45.

The Cabinet Secretary shall be responsible for Act.

administration of this A ct.

(2) In administering this Act, the Cabinet Secretary ina shall, as far as it is applicable, execute its functions manner consistent with provisions of the 253 2021 No.

12 Foreign Senice Cap.

179.

(a) Privileges and Immunities Act; Cap.

470.

(b) I ncome Tax A ct; No.

18 of 20 12.

(c) Public Finance Management Act, 2012; No.

45 of 20 12.

(d) Treaty Making and Ratification Act, 2012; No.

33 of 20 15.

(e) Public Procurement and Asset Disposal Act, 2015; (f) V ienna Convention on Diplomatic Relations; and (g) Vienna Convention on Consular Relations.

Costs of 46.

The National Treasury shall, subject to the emergency t he evacuation.

approval of the National Assembly, allocate funds from Consolidated Fund or reimburse the Ministry for any expenses incurred in conducting the emergency evacuation of Kenyans abroad where the evacuation has been approved by the Cabinet.

Foreign exchange 47.

The National Treasury shall compensate the fl uctuations.

Ministry for any loss incurred resulting from foreign exchange adjustment, from monies sent to its Missions abroad.

Diplomatic 48.

(1) Unless otherwise directed by the Cabinet reporting, Secretary notifi cation and communication.

(a) all diplomatic or official correspondences sent directly to the Republics Missions shall be forwarded to or channeled through the Ministry Headquarters; (b) all diplomatic or official correspondences originating from embassies within the Republic to any Ministry or agency in the Republic shall be forwarded or channeled through the Ministry Headquarters; and (c) all diplomatic or offi cial correspondences originating from domestic Ministries, agencies, or Missions and international organizations that are channeled through Ministry Headquart ers shall, where appropriate, be forwarded to the relevant embassies for their information.

(2) The Head of a Mission or his or her designate shall be the & st point of contact for a Mission of the Republic.

of (3) The Principal Secretary shall be the first point contact for the Ministry Headquart ers.

254 2021 No.

12 Foreign Service PART IX - PROVISIONS ON DELEGATED POWERS Regulations, 49.

(1) The Cabinet Secretary may make regulations prescribing (a) matters of procedure in relation to any application under this Act; (b) conditions of employment, allowances and entitlements for overseas staff; (c) procedure for administering Foreign Service examinations, including written, oral, physical, foreign language, and other examinations for appointment to the Service; (d) procedure for termination or recall of officers assigned to Missions; (e) the terms and conditions applicable to a special envoy; (f) the provision of protocol services to designated foreign and national dignitaries; (g) the provision of consular services; (h) the nature, conditions and term of deployment of Officers to serve in Kenya Missions; and (i) any other matter which is necessary or expedient to prescribe in order to achieve or promote the objects of this Act.

(2) For the purposes of Article 94 (6) of the Constitution (a) the purpose and objective of delegation under this section is to enable the Cabinet Secretary to make regulations to provide for the better carrying into effect of the provisions of this Act; (b) the authority of the Cabinet Secretary to make regulations under this Act is limited to bringing into effect the provisions of this Act and to fulfil the objectives specified under this section; (c) the principles and standards applicable to the of 20 13 regulations made under this section are those set out in the Interpretation and General Provisions Act and the Statutory Instruments Act, 2013.

I 255 2021 No.

12 Foreign Service PART X - TRANSITION Transition.

50.

(1) A high commissioner, ambassador and to the diplomatic or consular representative appointed prior of commencement of this Act shall serve the remainder or their unexpired term of office unless otherwise recalled removed from offi ce in accordance with the Constitution, any written law or contract of service.

(2) The staff of the Ministry prior to the commencement of this Act shall be the staff of the Foreign Service.

SCHEDULE [s.

32(1)] PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL Vacation of 1.

The of fi ce of a member of the Council shall become office.

vacant if the member (a) dies; (b) resigns in writing to the Chairperson or the Cabinet Seeretary; (c) is absent without the permission of the Chairperson from three or more consecutive meetings of the Council; (d) is convicted of an offence and sentenced to imprisonment for a term of six months or more without the option of a fi ne; of (e) is convicted of an offence which in the opinion the Council renders him unsuitable to continue to hold offi ce; (f) becomes for any reason including infi rmity of body or mind, incompetent or incapable of performing the functions of the offi ce; or (g) is otherwise unable to discharge his functions.

Vice vice-chairperson.

2.

The Council shall, at its fi rst meeting, elect a Chairperson from amongst the persons appointed under section 30(1 )(d) of the Act.

Meetings.

3.

(1) The Council shall meet at least four times in eaeh year.

(2) The Cjiairperson may at any time convene a speeial meeting of the Council and shall do so within 256 No.

12 2021 Foreign Service fifteen days of a written requisition for the meeting signed by at least three members.

(3) The Chairperson shall preside at all meetings of case of the Council, which he or she is present and in the his or her absence, the Vice Chairperson shall preside.

(4) At a meeting of the Council at which neither the Chairperson or Vice Chairperson is present, the members to of the Council present shall elect one of their number preside, and the person so elected shall have all the powers the of the Chairperson with respect to that meeting and business transacted.

Quorum.

4.

The quorum for the conduct of the business of the Council shall be four members.

Voting procedure.

5.

The decisions of the Council shall be by a majority have an of votes, and the Chairperson of the meeting shall original and a casting vote.

Validity of 6.

The validity of any proceedings of the Council shall proceedings.

not be affected by any vacancy among the membership thereof, or by any defect in the appointment of a member thereof.

Minutes.

7.

Minutes of the proceedings at meetings of the Council shall be kept in such a manner as the Council directs.

Committees of the 8.

The Council may establish such committees as may Council.

the be necessary for the performance of the functions of Council and may, subject to the provisions of this Act, delegate powers conferred on it to any such committee.

Power of the 9.

Subject to the provisions of this Schedule, the Council to Council may regulate its own procedure.

regulate own procedure.

Disclosure of 10.

(1) If a member of the Council is directly or i nterest.

or indirectly interested in any contract, proposed contract other matter before the Council and is present at a meeting or of the Council at which the contract, proposed contract other matter is the subject of consideration, he or she shall , after at the meeting and as soon as reasonably practicable 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.

257 2021 No.

12 Foreign Service or be counted in the quorum of the meeting during consideration of the matter.

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

(3) A member who does not disclose his or her interest ina contract or other matter or w ho benefits from non and disclosure under sub-paragraph (1) conunits an offence five shall be liable on conviction to a fine not exceeding not hundred thousand shillings or imprisonment for a term exceeding one year or to both.

\ t.