Constituencies Development Fund Act

Section 1. Short title Section This Act may be cited as the Constituencies Development Fund Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires,— "Board" means the Constituencies Development Fund Board established by section 4 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to the Constituencies Development Fund; "Chairperson" means the Chairperson of the Board appointed under section 5 (4); "Chief Executive Officer" means the Chief Executive Officer of the Board appointed under section 8 ; "community" means residents of a particular geographical area or region defined as a constituency, location, sub location or village and having common interests; "constituency" has the meaning assigned to it in the Elections Act (Cap. 7); "Constituency Development Fund Committee" means the committee established under section 24 ; "Constituency Fund Account" means the account maintained for every constituency in accordance with section 46 ; "County Projects Committee" means the committee established under section 36 ; "Fund" means the Constituencies Development Fund established under section 4 ; "National Account" means the Constituencies Development Fund account maintained under section 43 ; "Officer...

Section 3. Object and purpose of Act Section The provisions of this Act shall apply, as more specifically provided for in the Act, and shall ensure that a specific portion of the national annual budget is devoted to the constituencies for purposes of infrastructural development, wealth creation and in the fight against poverty at the constituency level.

Section 4. Establishment of the Fund Section 4(1)(a) be a national fund consisting of moneys of an amount of not less than 2.5% (two and half per centum) of all the national government ordinary revenue collected in every financial year; Section 4(1)(b) comprise of any moneys accruing to or received by the Board from any other source; Section 4(1)(c) disbursed by the national government through the Board to constituencies as a grant to be channelled to constituencies in the manner provided for by this Act; Section 4(1)(d) be administered by the Board. Section 4(2) All monies allocated under this Act shall be considered as funds allocated to constituencies pursuant to Article 206(2)(c) of the Constitution to be administered according to section 5 . Section 4(3) The Fund established under this section shall be he successor to the Constituencies Development Fund established by section 4 of the Constituencies Development Fund Act (Repealed). [Act No. 36 of 2013 , s. 2.]

Section 5. Establishment of the Board Section 5(1) There is established a Board to be known as the Constituencies Development Fund Board. Section 5(2)(a) the principal secretary in the State Department relating to economic planning or a designated alternate, not being below the level of Director of Planning; Section 5(2)(b) the principal secretary in the State Department for the time being responsible for matters relating to finance or a designated alternate not being below the level of Deputy Director of Budget; Section 5(2)(c) the Attorney-General or his designated alternate not below the level of Senior State Counsel; Section 5(2)(d) four persons, qualified in matters relating to finance, accounting, engineering, economics, community development, or law, appointed by the Cabinet Secretary in accordance with subsection (5) taking into account regional, ethnic and gender balance as per the Constitution of Kenya; Section 5(2)(e) two persons qualified in accordance with paragraph (d) appointed by the Cabinet Secretary to remedy any regional imbalance that may have occurred during nomination under subsection (5); Section 5(2)(f) the Chief Executive Officer who shall be an ex officio...

Section 6. Functions of the Board Section 6(1)(a) to ensure timely and efficient disbursement of funds to every constituency; Section 6(1)(b) to ensure efficient management of the Fund; Section 6(1)(c) to receive and discuss annual reports and returns from the constituencies; Section 6(1)(d) ensure the compilation of proper records, returns and reports from the constituencies; Section 6(1)(e) receive and address complaints and disputes and take any appropriate action; Section 6(1)(f) consider project proposals submitted from various constituencies in accordance with the Act, approve for funding those projects proposals that are consistent with this Act and send funds to the respective constituency fund account of the approved projects; Section 6(1)(g) perform such other duties as the Board may deem necessary from time to time for the proper management of the Fund. Section 6(2) Where any issues of policy arise in the course of the performance of its functions under this Act, the Board shall refer the same to the Cabinet Secretary.

Section 7. Conduct of business and affairs of the Board Section 7(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Fourth Schedule. Section 7(2) Except as provided in the Fourth Schedule, the Board may regulate its own procedure.

Section 8. Chief Executive Officer of the Board Section 8(1) There shall be a Chief Executive Officer of the Board who shall be recruited by the Board on a competitive basis and recommendations made to the Cabinet Secretary for appointment, with the approval of the Parliamentary Committee. Section 8(2)(a) has a university degree in finance, accounting, engineering, economics, community development, law or a related field from a recognized university; Section 8(2)(b) has at least five years’ working experience in the relevant field. Section 8(3) The Chief Executive Officer shall subject to the directions of the Board, be responsible for the day to day management of the affairs and staff of the Board. Section 8(4) The chief executive officer shall serve for a renewable term of five years.

Section 9. Disbursement from the Fund Section 9(1) Each and every disbursement from the Fund shall be approved and minuted by the Board. Section 9(2) All disbursements from the Fund shall be for specific projects as submitted by the constituencies in accordance with the procedures outlines in this Act. Section 9(3) All disbursements shall be made through the constituency bank accounts maintained for every constituency in accordance with section 42 of the Act. Section 9(4) Notwithstanding the provisions of subsection (3), payments for a joint project as outlined in section 23 (4) or a joint procurement, may be made directly to a supplier or to an account established for the purpose with due approval of the Board. Section 9(5) The record of the amounts received by each constituency and the record of expenditure of amounts so received shall be submitted to the Board within thirty days after the close of the relevant financial year together with a copy of the relevant bank statements and no disbursements for the succeeding financial year shall be made into the accounts until the said records are duly received. Section 9(6) The Board shall set out general conditions and requirements for...

Section 10. Allocation of funds Section 10(1) The Cabinet Secretary, with the concurrence of the relevant Parliamentary Committee, shall for each financial year allocate funds to each constituency in accordance with section 20 . Section 10(2) Once funds are allocated for a particular project, they shall remain allocated for that project and may only be re-allocated for any other purpose during the financial year with the approval of the Board. Section 10(3) If for any reason a particular project is cancelled or discontinued during the financial year, funds allocated for such a project shall be returned to the Fund and credited to the account of the constituency from which the funds were withdrawn. Section 10(4) Unspent funds shall be allocated to any eligible project and such project may be new or ongoing at the end of the financial year. Section 10(5) For the avoidance of doubt, a return as set out in the Third Schedule shall be made for the current financial year and every previous financial year on which some funds remain unspent.

Section 11. Funds to be retained in the Fund Section 11(1) All receipts, savings and accruals to the Fund and the balance of the Fund at the end of each financial year shall be returned to the Fund and applied in accordance with section 10 (5) of this Act. Section 11(2) All funds allocated to a constituency shall be cumulative and shall be carried forward from one financial year to the next, including funds returned into the accounts in accordance with section 10 (3) or funds which are not utilized for whatever reasons.

Section 12. Emergency reserve Section 12(1) A portion of the Fund, equivalent to five per centum (hereinafter referred to as the "Emergency Reserve") shall remain unallocated and shall be available for emergencies that may occur within the Constituency. Section 12(2) The Constituency Development Fund Committee shall determine the allocation of the emergency reserve in accordance with the Act. Section 12(3) "Emergency" shall be construed to mean an urgent, unforeseen need for expenditure for which it is in the opinion of the committee that it cannot be delayed until the next financial year without harming the public interest of the constituents. Section 12(4) For each project, the Project Management Committee shall set aside a sum of five per centum of the total allocation for the project to cater for the administration expenses of the project. Section 12(5) The sum set aside under subsection (4) shall be properly accounted for and proper books of accounts kept and returns made to the Constituencies Development Fund Committee for that constituency on how the sum has been used.

Section 13. Submission of projects Section 13(1) The list of proposed constituency based projects to be covered under this Act shall be submitted by the chairman of the Constituency Development Fund Committee to the Board after approval by the Constituency Development Fund Committee for that constituency. Section 13(2) The Board shall receive and compile the list of proposed constituency projects submitted to it under this Act and submit it to the Parliamentary Committee for approval.

Section 14. Submission deadline Section 14(1) The list of the proposed constituency projects shall be submitted to the Board before the end of the month of February in each year or such other month as may be determined by the Cabinet Secretary in order to ensure timely inclusion of the projects in the annual Government budget of a particular financial year. Section 14(2) Where the chairman of the Constituency Development Fund Committee fails to submit the list of constituency based projects to the Board within the stipulated time in subsection (1), the list shall be deemed to have been submitted to the Board upon the lapse of the stipulated time.

Section 15. Submission Form Section 15(1) The list of projects shall be submitted on a Constituency Projects Submission Form set out in the First Schedule to this Act accompanied by minutes of the Constituency Development Fund Committee approving the projects. Section 15(2) All projects proposed for every constituency shall be listed in the Form together with the cost estimates, amounts allocated and amounts disbursed to such projects.

Section 16. Projects description Form Section For every project listed in the Form, there shall be attached a Project Description Form set out in the Second Schedule.

Section 17. Approval of projects Section 17(1) The list of projects received by the Board pursuant to section 13 shall be tabled for review at a meeting of the Board. Section 17(2) The Board shall scrutinize and approve for funding those project proposals that are consistent with the Act. Section 17(3) Where the Board does not approve a proposal submitted to it under this section, it shall refer the matter to the Constituencies Development Fund Committee giving reasons as to why it has declined the proposal.

Section 18. Discretion of Constituency Development Fund Committee Section The allocation of funds to various projects in each constituency is the responsibility of the Constituency Development Fund Committee to be exercised at its own discretion within the provisions of this Act.

Section 19. List to be serialized Section The projects listed for each constituency shall be numbered by the Board and the serial numbers of all projects in a constituency shall bear the number of the constituency as delineated by the Independent Electoral and Boundaries Commission in order to ensure that a project retains the same serial number every year until its completion.

Section 20. Basis for budget ceiling Section 20(1)(a) three quarters of the amount specified in section 4 (1) divided equally among all constituencies; and Section 20(1)(b) an amount equal to a quarter of the amount specified in section 4 (1) divided by the national poverty index multiplied by the constituency poverty index. Section 20(2) Further to subsection (1), the budget ceiling for each constituency shall be determined by the Cabinet Secretary in consultation with the Committee and shall be submitted to Parliament for approval. Section 20(3) The Chair of a Committee of the National Assembly shall table in Parliament a schedule showing the ceiling for each constituency, which shall be determined in accordance with subsection (1). Section 20(4) This section shall be deemed to have come into operation beginning with the allocation for the 2013/2014 financial year. [Act No. 36 of 2013 , s. 3.]

Section 21. Criteria for Projects Section 21(1) The types of projects submitted for funding under this Act shall comply with the provisions of this Act. Section 21(2) It shall be the responsibility of the Constituency Development Fund Committee to ensure that the list of projects submitted for funding comply with the provisions of the Act and their total cost does not exceed the allowable ceiling for the particular constituency or is not below that ceiling. Section 21(3) If the list of projects submitted for funding is in contravention of subsection (2) the same shall be referred back to the Constituency Development Fund Committee for amendment and re-submission. Section 21(4) Whenever the amount for projects in a constituency is less than the allowable ceiling for reasons of projects being deleted in accordance with subsection (3), or for whatever reason, the shortfall shall be indicated as unallocated amount against that particular constituency on the list to be forwarded to the Cabinet Secretary.

Section 22. Projects to be community based Section 22(1) Projects under this Act shall be community based in order to ensure that the prospective benefits are available to a widespread cross-section of the inhabitants of a particular area. Section 22(2) Any funding under this Act shall be for a complete project or a defined phase, of a project and may include the acquisition of land and buildings. Section 22(3) All projects shall be projects as defined under this Act and may include costs related to studies, planning and design or other technical input for the project but shall not include recurrent costs of a facility. Section 22(4) Funds provided under this Act shall not be used for the purpose of supporting political bodies or political activities or for supporting religious bodies or religious activities. Section 22(5) Notwithstanding the provisions of subsection (4), the Constituency Development Fund Committee may identify a religious body or organization as an appropriate specialized agency for purposes of section 12 with regard to emergency support. Section 22(6) A Constituency Development Fund Committee office project shall be considered as a development project for purpose...

Section 23. Number of projects Section 23(1) The number of projects to be included in the Constituency Projects Submission Form specified in the First Schedule shall be a minimum of five and a maximum of twenty-five for every constituency in each financial year. Section 23(2) Constituencies with unspent funds at the end of the financial year shall submit new proposals to the Board for approval in accordance with section 10 (5) of this Act. Section 23(3) Project activities of a similar nature in a particular constituency may be combined and considered as one project for purposes of subsection (1) provided that the sub-projects are listed in the Second Schedule. Section 23(4) Constituencies may pool resources for joint projects provided that the decision for such joint projects shall first be approved by the Constituency Development Fund Committee of each of the participating constituencies and shall be reflected on the projects listed for each of the participating constituencies. Section 23(5) Where constituencies have joint projects, the County Projects Committee shall co-ordinate such projects.

Section 24. Composition of the Constituency Development Fund Committee Section 24(1) There shall be a Constituency Development Fund Committee for every constituency. Section 24(2)(a) the national government official at the constituency as may be designated by the Cabinet Secretary or an alternate; Section 24(2)(b) three men nominated by the ward development committees and one of whom shall be a youth at the date of appointment; Section 24(2)(c) three women nominated by the ward development committees and one of whom is a youth shall be a youth at the date of appointment; Section 24(2)(d) one person with disability nominated by the ward development committees; Section 24(2)(e) one person nominated from among the active Non-Governmental Organisations in the constituency; Section 24(2)(f) an officer of the Board seconded to the Constituency Development Fund Committee by the Board who shall be ex officio . Section 24(3)(a) within forty-five days of being sworn in, each Member of Parliament for a particular constituency shall convene open public meetings of registered voters in each of the elective wards in the constituency; Section 24(3)(b) each ward shall then elect five persons whose...

Section 25. Cost estimates to be realistic Section 25(1) The Constituency Development Fund Committee may make appropriate consultations with the relevant Government departments is done to ensure that cost estimates for the projects are as realistic as possible. Section 25(2) The Constituency Development Fund Committee shall rank the projects in order of priority and whenever, in the opinion of the Board, the total cost of the projects listed exceed the ceiling for a particular constituency, then the order in which they are listed shall be taken as the order of priority for purposes of allocation of funds, provided that on-going projects shall take precedence over all other projects.

Section 26. Personal awards to be excluded Section 26(1) A project or any part thereof which involve personal awards to any person in cash or in kind, shall be excluded from the list of projects submitted in accordance with section 13 of the Act. Section 26(2) Notwithstanding the provisions of subsection (1), an education bursary scheme, mocks and continuous assessment tests shall be considered as a development project for purposes of the Act provided that such a project shall not be allocated more than twenty-five per centum (25%) of the total funds allocated for the constituency in any financial year.

Section 27. Counter-part funding to be permitted Section For the purposes of this Act, the Board may consider part funding of a project financed from sources other than the Fund so long as the other financiers or donors of that project have no objection and provided that the part funding for the project availed pursuant to this Act shall go to a defined unit or any part thereof or phase of the project in order to ensure that the particular portion defined in the allocation is completed with the funds allocated under this Act.

Section 45. Finances of the Board Section 45(1) The expenditure for running the Board and related purposes shall be set aside at the beginning of the financial year and not more than five per centum of the total allocation to the Fund in the financial year may be used for this purpose, the annual budget of which shall be approved by the Cabinet Secretary. Section 45(2) The personal emoluments of Government officers working or involved in the management of the Fund shall be provided for under the recurrent expenditure of Government but any other emoluments or payments to such officers from the Fund shall be determined by the Cabinet Secretary. Section 45(3) Sitting allowances for the members of the County Projects Committee shall be paid out of the funds set aside for the Board under subsection (1) and the sitting allowances for the Constituency Development Fund Committee shall be paid out from funds set aside in section 22 (7). Section 45(4) The accounts of each constituency and secretariat of the Board shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B) and the Public Finance Management Act (Cap. 412A).

Section 46. Cabinet Secretary to make regulations Section 46(1) The Cabinet Secretary may make regulations for the smooth running of the Fund and such regulations shall be approved by the National Assembly before implementation. Section 46(2) The Cabinet Secretary may amend any of the Schedules through a notice in the Gazette , provided that such amendments shall first be approved by the National Assembly before implementation.

Section 47. Provisions in the Act are complimentary Section 47(1) The provisions of this Act shall be complimentary to any other development efforts by the national government, the county governments or any other agency and nothing in this Act shall be taken or interpreted to mean that an area may be excluded from any other development programmes. Section 47(2) For the avoidance of doubt, normal Government development allocations shall continue alongside the projects funded under this Act.

Section 48. Offences and penalties Section Any person who misappropriates any funds or assets from the Fund, or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act, shall be guilty of an offence and shall, upon conviction, be liable to imprisonment for a term not less than five years or to a fine not less than five hundred thousand shillings or to both.

Section 49. Dispute resolution Section 49(1) All complaints and disputes by persons arising due to the administration of this Act shall be forwarded to the Board in the first instance. Section 49(2) Complaints of a criminal nature shall be forwarded by the Board to the relevant government agencies with prosecutorial powers. Section 49(3) Disputes of a civil nature shall be referred to the Board in the first instance and where necessary an arbitration panel whose costs shall be borne by the parties to the dispute, shall be appointed by consensus of the parties to consider and determine the matter before the same is referred to court. Section 49(4) Notwithstanding subsection (3), parties shall be at liberty to jointly appoint an arbitrator of their choice in the event of a dispute but where parties fail to jointly agree on an arbitrator, the Cabinet Secretary may appoint an arbitrator whose costs shall be jointly borne by the parties. Section 49(5) Subject to this Act, no person in the management of the Fund shall be held personally liable for any lawful action taken in his official capacity or for any disputes against the Fund.

Section 50. Repeal of Act No. 10 of 2003 Section The Constituencies Development Fund Act, 2003 is repealed.

Section 51. Transitional provisions Section 51(1) In this section— "commencement day" means the date when this Act comes into operation; "former Act" means the Constituencies Development Fund Act, 2003; "former Board" means the Constituencies Development Fund Board established by section 5 of the former Act Section 51(2) On the commencement day, all the funds, assets and other property both movable and immovable, which immediately before such date were vested in the former Board shall by virtue of this subsection, vest in the Board. Section 51(3) On the commencement day, all rights, powers and liabilities, whether arising under any written law or otherwise which immediately before such day were vested in, imposed on or enforceable against the former Board shall be deemed to be vested, imposed or enforceable against the Board. Section 51(4) Any reference in any written law or in any document or instrument to the former Board shall, on and after the commencement day, be construed to be a reference to the Board. Section 51(5) The annual estimates of the former Board for the financial year in which the commencement day occurs shall be deemed to be the annual estimates of the Board for...

Section 28. Establishment of the National Assembly Select Committee Section 28(1) The National Assembly shall, in accordance with its Standing Orders, establish a Select Committee consisting of a Chairperson and not more than eighteen other members of the National Assembly. Section 28(2) In determining the membership of the National Assembly Select Committee, the National Assembly shall ensure proportionate representation of the Parliamentary Political Parties. Section 28(3) The term of office of the members of the National Assembly Select Committee shall be three years renewable or upon the appointment of a new committee in a manner provided for in this Act, whichever comes earlier. Section 28(4) The procedures and rules for the operations of the National Assembly Committee shall be governed by the Standing Orders of the National Assembly. Section 28(5)(a) to consider and recommend to the National Assembly any matter requiring action by the National Assembly pursuant to the provisions of this Act; Section 28(5)(b) to oversee the implementation of this Act and in this respect, shall after every two years submit a report to the National Assembly and where necessary, propose any amen...

Section 29. Quarterly reports on projects and disbursements Section a summary of the project proposals received from the constituencies in the preceding month and indicating the approval status of such projects;

Section 30. Projects Section The Board shall ensure that the list of projects forwarded to it by each constituency is, upon approval, funded in accordance with the Act.

Section 31. Project Management Committee to implement Section 31(1) Projects under this Act shall be implemented by the project management committee in each case, with the assistance of the relevant department of Government and all payments through cheques or otherwise shall be processed and effected in accordance with government regulations for the time being in force. Section 31(2) Where a project in a constituency involves the purchase of equipment, such equipment shall remain for the exclusive use of that constituency. Section 31(3) The Constituency Development Fund Committee and the Board shall be responsible for monitoring the implementation of projects and may designate a sub- committee, a ward committee or a project committee, the functions of monitoring an on-going projects and shall submit a report on the ongoing projects to the ward administrator and sub-county administrator, and the County Projects Committee. Section 31(4) All fixed and movable assets, including equipment bought under this Act for use by the Constituency Development Fund Committee shall be the property of the Board to be insured in the name of the Board. Section 31(5) No asset or equipment acquired unde...

Section 32. Procurement of services and Works Section All works and services relating to projects under this Act shall be procured in accordance with the provisions of the Public Procurement and Asset Disposal Act (Cap. 412C).

Section 33. Record of receipts and disbursement Section table such record at a meeting of the Constituency Development Fund Committee in every month; and

Section 34. Audit Section All funds received under this Act shall be audited and reported upon by the Auditor-General.

Section 35. Community initiatives to be eligible Section 35(1) Projects initiated by a community shall be eligible for support under this Act provided that such projects shall be submitted with the other projects in conformity with the requirements of this Act. Section 35(2) Pursuant to subsection (1), a community shall, maintain an elected committee to represent the interests of that community during and after the implementation of the project and such a committee shall conform with the requirements of this Act.

Section 36. Establishment of County Projects Committee Section 36(1) There shall be established, for every county a committee to be known as County Projects Committee whose main function shall be to coordinate the implementation of projects financed through the Fund. Section 36(2) The County Projects Committee may, in the discharge of its functions under this Act, make official or impromptu visits to projects at such times, as it may deem appropriate.

Section 37. Membership Section 37(1)(a) the Senator, the Members of Parliament from the County, the county women representative and the Governor; Section 37(1)(b) the national government official at the county; Section 37(1)(c) the Chairpersons of the Constituencies Development Fund Committees in that county; Section 37(1)(d) the officer in charge of the county treasury; Section 37(1)(e) the officer in charge of county planning; Section 37(1)(f) an officer of the Board seconded to the County Projects Committee by the Board who shall be ex officio and shall serve as the Secretary to the County Projects Committee. Section 37(2) All county departmental heads in a county under whose docket the various projects fall may attend County Projects Committee meetings as ex officio members, at the invitation of the County Projects Committee. Section 37(3) The County Projects Committee shall elect a chairperson from amongst the members of the Committee who shall serve for a term of three years or subject to regulations under this Act. Section 37(4) The quorum for any meeting of the County Projects Committee shall be one half of the members and for the purposes of this section immediate past mem...

Section 38. Tabling of proposals Section The Chairperson of the Constituency Development Fund Committee for each constituency shall table a list of the projects for that constituency at a meeting of the County Projects Committee convened for that purpose and the said list shall also be submitted to the County Assembly in order to align the said projects with the County’s Development Plans and Policies.

Section 39. Duplication of projects to be avoided Section The County Projects Committee shall ensure that no duplication of projects occur particularly where it is prudent to combine efforts on projects designed to benefit a large section or sector of a community traversing several constituencies in a County.

Section 40. County Projects Committee to prepare list Section 40(1) The County Projects Committee shall, at the beginning of every financial year, prepare and circulate to the various Constituency Development Fund Committees in that county a list of other government allocations for various projects in the County. Section 40(2) Despite subsection (1), the existence of another allocation by government to a project in the constituency shall not be used as a reason to deny either approval or funding of any project consistent with this Act. Section 40(3) The existence of another allocation by Government to a different project in the county shall not be used as a reason to deny either approval or funding of any project consistent with this Act.

Section 41. Staff of the Board Section 41(1) The Board shall appoint such officers and other staff as are necessary for the proper management of the Fund and discharge of its functions under this Act, upon such terms and conditions of service as it may determine. Section 41(2) The principal management structure of the Board shall be established or varied by the Board with the approval of the Cabinet Secretary.

Section 42. Constituency account Section 42(1) For the purpose of disbursement of funds under this Act there shall be opened and maintained a constituency account for every constituency at any commercial bank, approved by the Cabinet Secretary 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 and each constituency shall maintain only one account. Section 42(2) The bank account opened pursuant to subsection (1), shall be separate from that of the County Treasury. Section 42(3) At least three signatories shall be required for every cheque or instrument for actual payment or withdrawal of funds from a constituency account and the signing instructions shall be such that there shall be at least one signature of an officer seconded by the Board and at least two signatures of two members of the Constituency Development Fund Committee. Section 42(4) The Fund account manager shall hold the authority to incur expenditure of the funds at the constituency account. Section 42(5) Funds from the constituency account shall only be withdrawn as disbursements for a particular project in accordance with the provisions of secti...

Section 43. Bank account of the Fund Section 43(1) A bank account of the Fund shall be opened and maintained at the Central Bank of Kenya. Section 43(2) The signatories to the account of the Fund maintained in accordance with subsection (1), shall be the Chief Executive Officer and three other persons appointed by the Board from amongst its members. Section 43(3) The signing instructions shall be such that the signature of the Chief Executive Officer shall be mandatory on all payment cheques and/or instruments intended for actual release of money from the fund, plus any two of the other three signatories.