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The National Government Constituencies Development Fund Amendment Act No 24of 2022 - as Plain Text by MWakili

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

108 (Acts No.

24) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 27th June, 2022 CONTENT Act PAGE The National Government Constituencies Development Fund (Amendment) Act, 2022 293 1 ATWA1 MUNCH.

FOP.

CAa aO.

U0x C1.43 NAiRGE KENYA L.

TEL 2719231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 293 THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND (AMENDMENT) ACT, 2022 No.

24 of 2022 Date of Assent: 21st June, 2022 Date of Commencement: 11th July, 2022 AN ACT of Parliament to amend the National Government Constituencies Development Fund Act, 2015 ENACTED by the Parliament of Kenya, as follows Short title.

1.

This Act may be cited as the National Government Constituencies Development Fund (Amendment) Act, 2022.

Amendment of 2.

The N ational Government C onstituencies section 2 of No.

30 of 20 15.

Development Fund Act, (hereinafter referred to as the principal Act) is amended in section 2 (a) by deleting the definition of constituency account ; and - (b) by inserting the following new definitions in their proper alphabetic sequence constituency operations account means the accounts maintained for every constituency in accordance with section 12; third party monies means any monies withheld by the constituency in respect of retention monies for pay construction projects, accumulated gratuity or service and any other monies withheld by the constituency in relation to implementation of projects under this Act; Amendment of 3.

Section 3 of the principal Act is amended section 3 of No.

30 of 20 15.

(a) in paragraph (e) by inserting the word equity immediately after the words human dignity; (b) by inserting the following new paragraph immediately after paragraph (o) (p) provide for a public finance system that promotes an equitable society and in particular expenditure that promotes equitable 294 Fund (Amendment) 2022 No.

24 National Government Constituencies Development development of the country by making special provisions for marginalized groups and areas pursuant to Article 201(b)(iii) of the Constitution; Amendment of 4.

Section 5 of the principal Act is amended by section 5 of No.

30 of 20 15.

inserting the word operations immediately after the words through the constituency appearing in subsection (3).

Amendment of 5.

Section 6 of the principal Act is amended section 6 of No.

30 of 20 15.

(a) by deleting subsection (3) and i nserting the following new subsection (3) If for any reason a particular project is cancelled or discontinued during the financial year, the funds allocated for such a project shall be returned to the constituency operations account of the constituency from which the f unds w ere w ithdraw n.

(b) by i nserting the f ollowing new subsection immediately after subsection (3) (3A) The funds in respect of a particular cancelled or discontinued project referred to in subsection (3) that were yet to be disbursed for implementation, shall be retained in the constituency operations account.

Amendment of 6.

Section 7 of the principal Act is amended by section 7 of No.

deleting subsection ( 1) and substituting therefor the 30 of 20 15.

following new subsection (1) All receipts, savings and accruals to the Fund and the balance of the Fund at the end of each financial year shall be retained in the Fund, and applied in accordance with this Act.

Amendment of 7.

Section 12 of the principal Act is amended by section 12 of No.

30 of 20 15.

(a) deleting subsection (1) and inserting the following new subsections (1) For the purpose of disbursement of funds under this Act there shall be opened and maintained a constituency operations account for every constituency at any commercial bank, which account shall be approved by the 295 (Amendment) No.

24 National Government Constituencies Development Fund 2022 National Treasury and into which all funds shall be kept and such an account shall be known by the name of the constituency for which it is opened.

(lA) Each constituency shall open one deposit bank account for holding third party monies which shall so be designated and such an account shall be known by the name of the constituency for which it is opened.

(IB) For the purposes of this Act, each constituency shall maintain one deposit account and one constituency operations account.

(b) deleting subsection (2) and substituting therefor the following new subsection (2) At least three signatories shall be required for every cheque or instrument for actual payment or withdrawal of funds from the constituency operations account and the constituency deposit account.

(c) inserting the following new subsections after the new subsection (2) (2A) The signing instructions for the constituency operations account shall be such that there shall be at least one signature of an officer seconded by the Board for that purpose and, at least one signature of a member of the constituency Committee, and the signature of the sub-county accountant in charge of the Fund.

(2B) The signing instructions for the constituency deposit account shall be such that there shall be at least one signature of an officer seconded by the Board for that purposes and, at least one signature of a member of the constituency Committee who shall not be a signatory to the constituency operations account and the signature of the sub-county accountant in charge of the Fund.

Amendment of 8.

Section 13 of the principal Act is amended in section 13 of No.

30 of 20 15.

subsection (3) by deleting the words and/or instruments 296 No.

24 National Government Constituencies Development Fund (Amendment) 2022 intended for actual release of money from the fund, plus and two and substituting therefor the words or, the instruments intended for actual release of money from Fund and at least one.

I nsertion of new 9.

The principal Act is amended by deleting section section 16 in No.

16 and substituting therefor the following new section 30 of 20 15.

Functions of the 16.

The functions of the Board shall Board.

be to (a) consider project proposals submitted f rom various constituencies in accordance with the Act, approve for funding those projects proposals that are consistent with this A ct and send funds to the respective constituency operations account of the approved projects; (b) ensure timely and efficient disbursement of funds to every constituency; (c) ensure efficient management of the Fund; (d) co-ordinate the implementation of projects at the inter-constituency l evel; (e) receive and address complaints that may arise f rom the implementation of the Act; (f) encourage best practices in the implementation of projects; (g) administer the funds and assets of the Board in such manner and for such purpose as shall promote the best i nterest of the Board in accordance with the Act to ensure efficient management of the Fund; and (h) perform such other duties as the Board may deem necessary from 297 2022 (Amendment) No.

24 National Government Constituencies Development Fund time to time for the proper management of the Fund.

Amendment of 10.

Section 19 of the principal Act is amended by section 19 of No.

new deleting subsection (1) and inserting the following 30 of 20 15.

subsection (1) The office of a member of the Board for a member appointed under paragraphs (e) and (f) of section 15(1) shall become vacant if the member (a) resigns by giving written notice to the Cabinet Secretary; or (b) is removed from office on any one or more of the following grounds (i) serious violation of the Constitution or any other law; (ii) gross misconduct, whether in performance of the members or office holders functions or otherwise; (iii) physical or mental incapacity to perform the f unctions of office; (iv) incompetence; (v) bankruptcy; (vi) engaging in active politics; or (vii) absence from three consecutive meetings of the Board without the permission of the Chairperson.

Amendment of 11.

Section 28 of the principal Act is amended by section 28 of No.

deleting subsection ( 1) and substituting therefor the 30 of 20 15.

following new subsection (1) Every constituency shall within three months of the officii release of the budget ceilings for the constituencies or such other time as may be determined by the Board, submit a list of the ongoing and proposed constituency projects to the Board.

Deletion of 12.

The principal Act is amended by deleting section section 32 of No.

32 and substituting therefor the following new section 30 of 20 15.

Constituency 32.

The constituency Committee shall Committee to determine the quantum of installments for determine quantum of instalments.

disbursement to projects within the constituency, taking i nto account, the disbursement received and, the projects requirements.

298 Fund (Amendment) 2022 No.

24 National Government Constituencies Development I nsertion new 13.

The pri ncipal Act is amended by inserting the section in No.30 following new section immediately after section 32 of 20 15.

Constituency 32A.

The constituency Committee Committee to inform shall within forty-five days of allocating the B oard of allocation.

f unds under section 32, inform the Board of such allocation.

A mendment of 14.

The principal Act is amended by deleting section section 34 of No.

34 and inserting the fo llowing new section 30 of 20 15.

Basis for budget 34, ( j ) x he budget Ceiling fo r each ceiling.

constituency shall be (a) three quarters of the amount specified in section 4(1) divided equally among all constituencies; (b) an amount equal to a quarter of the amount specified in section 4(1) divided among all constituencies taking into account the number of wards in each constituency; and (c) subj ect to the provisions of section 8(1) and 23(1).

(2) The Chairperson of the National Assembly Committee shall table in the National Assembly a schedule showing the ceiling for each constituency, which shall be determined in accordance with subsection (1).

(3) Despite subsection (1), the National Government may, through the National Government Constituency Development Fund Committees established under section 43, where necessary, facilitate other projects or programmes falling within the purview of the N ational Govern ment with funds other than the funds specified in section 4(1).

Amendment of 15.

Section 36 of the pri ncipal Act is amended in section 36 of No.

subsection (1) by i nserting the words government 30 of 20 15.

w ith registered pri vate practitioners procured in accordance the Public Procurement and Asset Disposal Act, 2015 immediately after the words department of Government.

Amendment of 16.

Section 43 of the pri ncipal Act is amended by section 43 of No.

30 of 20 15.

299 2022 National Government Constituencies Development Fund (Amendment) No.

24 (a) deleting subsection (6) and inserting the following new subsection a (6) The first meeting of the Constituency Committee shall be convened w ithin one hundred and twenty days of the commencement of a new term of Parliament or the date of the holding of a by-election, by the national government official at the constituency or in his or her absence, by an officer of the Board seconded to the constituency, (b) deleting the word thirty appearing in subsection (10) and substituting therefor the words one hundred and twenty; and (c) deleting subsection (12).

Amendment of 17.

Section 46 of the principal Act is amended in section 46 of No.

subsection (1) by inserting the words or legally procured 30 of 20 15.

government registered private practitioners immediately after the words Government departments.

I nsertion of 18.

The principal Act is amended by inserting the new section in following new section immediately after section 48 No.

30 of 2015.

Education Bursary 48A.

Despite section 48, a Schemes and Constituency Committee may, with the Education Days.

approval of the Board, allocate additional funds to cater f or education bursary schemes and education days and other ? 9 teaching and learning related activities.

I nsertion of 19.

The principal Act is amended by inserting the new section in No.

30 of following new section immediately after section 53 20 15.

Facilitation of 53A.

In discharging its obligations, Constituency the Constituency Oversight Committee Oversight Committee.

shall be facilitated by funds set aside by the constituency, provided that such allocation does not exceed one per centum of the total allocation of the constituency in that financial year.

Amendment of 20.

Section 56 of the principal Act is amended in section 56 of No.

30 of subsection (4) by deleting the words reconsider the 20 15.

Boards decision and determine the matter and substituting therefor the words direct the Board in to collaboration with the Office of the Attorney General commence arbitration.

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