Foreign Service Act

Section 1. Short title Section This Act may be cited as the Foreign Service Act.

Section 2. Interpretation Section and is under the age of twenty-two years;

Section 3. Establishment of the Foreign Service Section 3(1) There is hereby established a Foreign Service of the Republic of Kenya within the Ministry. Section 3(2) The Foreign Service shall be headed by the Cabinet Secretary. Section 3(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.

Section 4. Composition of the Foreign Service Section 4(1)(a) high commissioners, ambassadors and diplomatic and consular representatives; Section 4(1)(b) Special envoys; Section 4(1)(c) Honorary Consuls; Section 4(1)(d) foreign service officers; and Section 4(1)(e) any other officer as may be designated by any written law or by the Cabinet Secretary in writing. Section 4(2) The composition of the Service shall reflect the gender, regional and other diversities of the people of Kenya.

Section 5. Functions of the Foreign Service Section be responsible for the development and management of Kenya’s foreign policy;

Section 6. Powers and functions of the Cabinet Secretary Section be the principal advisor to the President on matters relating to foreign policy;

Section 7. Functions of the Principal Secretary Section provide administrative supervision to the Service;

Section 8. Organizational Structure Section The Cabinet Secretary shall prescribe the organizational structure of the Ministry headquarters and its overseas Missions in regulations.

Section 9. Administrative Divisions of the Ministry Headquarters Section 9(1)(a) providing foreign policy advice and coordinating political diplomacy; Section 9(1)(b) coordinating protocol matters for efficient diplomatic engagement; Section 9(1)(c) providing legal advice and handling compliance matters; Section 9(1)(d) advancing economic and commercial diplomacy; and Section 9(1)(e) central planning and coordination of Ministry projects. Section 9(2) The Ministry Headquarters may establish any other offices necessary for the discharge of its functions under this Act.

Section 10. Establishment of Missions of the Republic Section 10(1) The Cabinet Secretary may recommend, and upon approval by the Cabinet, establish a Mission in 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. Section 10(2) 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. Section 10(3)(a) prescribe the territorial accreditation boundaries of a Mission; Section 10(3)(b) amalgamate two or more Missions; or Section 10(3)(c) close or downgrade a Mission.

Section 11. Recruitment Section 11(1)(a) determine the terms and conditions of service for members of the Service; and Section 11(1)(b) establish a Foreign Service Personnel Scheme which shall guide the criteria relating to recruitment and career progression within the Service. Section 11(2)(a) is a Kenyan citizen; and Section 11(2)(b) has undertaken and passed Foreign Service Examinations administered by the Academy. Section 11(3) Recruitment and promotion in the Service shall be conducted through a competitive process to determine the competence, fitness and aptitude of candidates to serve in the Foreign Service. Section 11(4)(a) suitably qualified officers to execute the functions of the Foreign Service; and Section 11(4)(b) service staff to provide technical and support services to the Service. Section 11(5) The recruitment and appointment procedure under this Act shall comply with the values and principles of Public Service enshrined under the Constitution and the Public Service (Values and Principles) Act (Cap. 185A).

Section 12. Conditions of service for officers Section 12(1) The Public Service Commission shall, in consultation with the Cabinet Secretary, prescribe the conditions of service for officers, high commissioners, ambassadors, diplomatic and consular representatives and other diplomatic personnel. Section 12(2)(a) high commissioners, ambassadors and diplomatic and consular representatives; and Section 12(2)(b) staff members assigned, engaged or seconded to serve at a Mission of the Republic.

Section 13. Secondment of officers to international organizations Section The Cabinet Secretary may, with the concurrence of the Public Service Commission, second officers of the Ministry to any intergovernmental organization or agency.

Section 14. Deployment of officers to Missions Section 14(1) The Cabinet Secretary may, with notification to the Public Service Commission, assign any officer of the Service to any Mission. Section 14(2) The Cabinet Secretary may extend or terminate any overseas assignment under subsection (1), and require an officer to return to headquarters. Section 14(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. Section 14(4) The Cabinet Secretary may recall an officer assigned to serve at a Mission prior to the end of his or her term as prescribed in regulations.

Section 15. Training Section 15(1) The Cabinet Secretary shall ensure that all officers receive appropriate diplomatic and other training relevant to their rank under the personnel scheme. Section 15(2) The training and capacity building of officers shall be undertaken by the Academy and such other institutions as may be authorized by the Principal Secretary.

Section 16. Secondment of an officer from another Ministry Section 16(1) The Public Service Commission may, with the concurrence of the relevant Cabinet Secretary and the Cabinet Secretary, second staff from any other Ministry to any Mission. Section 16(2) Where a person is seconded to a Mission under subsection (1), the Cabinet Secretary and the relevant Cabinet Secretary shall agree on the employment and financial conditions that shall apply for the duration of secondment.

Section 17. Locally engaged staff Section 17(1)(a) shall constitute a recruitment committee comprising senior administrative staff; and Section 17(1)(b) may, on the recommendation of the committee, employ suitably qualified persons at any Mission. Section 17(2) The Head of the Mission shall conduct a background check before employing a person under this section. Section 17(3) The terms and conditions of employment of locally engaged staff shall be in accordance with the labour laws of the host country.

Section 18. Privileges and immunities of Officers, spouse and children Section 18(1) An Officer or an accompanying spouse or dependant child shall not during the Officer’s tour of duty be deprived of any of their privileges, immunities, and children, allowances, benefits or any form of status expressly provided for in the relevant treaty or convention. Section 18(2) A person who abuses any privilege or immunity granted under this section shall be subjected to disciplinary action as appropriate. Section 18(3) A person shall not waive the privileges and immunities granted under this section without the express approval of the Cabinet Secretary.

Section 19. Code of conduct Section The Cabinet Secretary shall prescribe a code of conduct to bind all officers and service staff engaged by the Ministry.

Section 49. Regulations Section 49(1)(a) matters of procedure in relation to any application under this Act; Section 49(1)(b) conditions of employment, allowances and entitlements for overseas staff; Section 49(1)(c) procedure for administering Foreign Service examinations, including written, oral, physical, foreign language, and other examinations for appointment to the Service; Section 49(1)(d) procedure for termination or recall of officers assigned to Missions; Section 49(1)(e) the terms and conditions applicable to a special envoy; Section 49(1)(f) the provision of protocol services to designated foreign and national dignitaries; Section 49(1)(g) the provision of consular services; Section 49(1)(h) the nature, conditions and term of deployment of Officers to serve in Kenya Missions; and Section 49(1)(i) any other matter which is necessary or expedient to prescribe in order to achieve or promote the objects of this Act. Section 49(2)(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; Section 49(2)(b) the authority of the Cabinet Secreta...

Section 20. Appointment Section 20(1) The Office of a high commissioner, ambassador, diplomatic or consular representative shall be a State office for purposes of Article 260 of the Constitution. Section 20(2) Pursuant to Article 132(2)(e) of the Constitution, the President shall nominate and, subject to the approval of the National Assembly, appoint high commissioners, ambassadors and diplomatic or consular representatives. Section 20(3)(a) a fair balance between career diplomats and other appointees; and Section 20(3)(b) the gender, regional and other diversities of the people of Kenya. Section 20(4)(a) a citizen of Kenya; and Section 20(4)(b) of a reputable character and standing.

Section 21. Duties of the Head of Mission Section 21(2) A Mission may have more than one person designated to serve as ambassador or high commissioner. Section 21(3) Where a Mission has more than one ambassador or high commissioner, the ambassador or high commissioner designated as ambassador extraordinary and plenipotentiary shall be the Head of Mission.

Section 22. Duration of appointment Section 22(1) Unless terminated earlier under section 23 , a high commissioner, ambassador, diplomatic or consular representative shall serve for a term of four years. Section 22(2)(a) appoint a replacement, subject to the approval of the National Assembly; or Section 22(2)(b) re-appoint a high commissioner, ambassador, diplomatic or consular representative previously approved for appointment by the National Assembly in accordance with this Act. Section 22(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.

Section 23. Termination of appointment Section The President may terminate the appointment of a high commissioner, ambassador, diplomatic or consular representative before the end of his or her term.

Section 24. Accreditation Section A Mission, and its respective Head of Mission, may be accredited to one or more states and international organisations.

Section 25. Appointment of an Honorary Consul Section 25(1) The President may appoint any suitable person as an Honorary Consul for the Republic. Section 25(2)(a) is of independent means; Section 25(2)(b) is of high standing in his or her country; Section 25(2)(c) has relevant contacts within and beyond the government of the host country; Section 25(2)(d) is committed 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. Section 25(3)(a) the Head of Mission responsible for that country; or Section 25(3)(b) where there is no Head of Mission, to the Cabinet Secretary.

Section 26. Functions and responsibiliies of an Honorary Consul Section 26(1)(a) actively pursue the foreign policy objectives of the Republic in the host country; Section 26(1)(b) act as an official representative of the Republic at official functions in the host country; Section 26(1)(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 Section 26(1)(d) perform any other function or responsibility contained in his or her instrument of appointment. Section 26(2) The President may, in writing, terminate the appointment of an Honorary Consul.

Section 27. Policy to be published Section The Cabinet shall formulate the foreign policy objectives of the Republic on the recommendation of the Cabinet Secretary.

Section 28. Establishment of the Academy Section 28(1) There is established, under the Ministry, an Academy to be known as the Foreign Service Academy. Section 28(2)(a) suing and being sued; Section 28(2)(b) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property in and out of Kenya; Section 28(2)(c) borrowing or receiving grants; and Section 28(2)(d) doing or causing to be done or performing all such other things or acts for the proper performance of its functions under this Act, as may be lawfully done or performed by a body corporate.

Section 29. Functions of the Academy Section be the principal institution for training and capacity building of members of the Foreign Service;

Section 30. Composition of the Council Section 30(1)(a) a Chairperson appointed by the Cabinet Secretary from amongst the persons appointed under paragraph (d); Section 30(1)(b) the Principal Secretary in the Ministry responsible for matters relating to foreign affairs or a representative designated in writing; Section 30(1)(c) the Principal Secretary in the National Treasury or a representative designated in writing; Section 30(1)(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; Section 30(1)(e) the Secretary of the Public Service Commission; Section 30(1)(f) the Director-General of the Kenya School of Government; and Section 30(1)(g) the Director-General, who shall be an ex officio member. Section 30(2)(a) meets the requirements of Chapter Six of the Constitution; Section 30(2)(b) international relations; Section 30(2)(b)(i) international relations; Section 30(2)(b)(ii) international law; Section 30(2)(b)(iii) international diplomacy; Section 30(2)(b)(iv) economics; Section 30(2)(b)(v) social sciences; or Section 30(2)(b)(vi) a releva...

Section 31. Powers of the Council Section 31(1) The Council shall have all powers necessary for the proper performance of the functions of the Academy under this Act. Section 31(2)(a) control, supervise and administer the assets of the Academy in such manner as best promotes the purposes for which the Academy is established; Section 31(2)(b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Academy; Section 31(2)(c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom with the approval of the Cabinet Secretary; Section 31(2)(d) open such banking accounts for its funds as may be necessary with the approval of the Cabinet Secretary for the National Treasury; Section 31(2)(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; Section 31(2)(f) undertake any activity necessary for the fulfilment of any of its functions under this Act; and Section 31(2)(g) determine the content, scope and relevance of foreign service programmes.

Section 32. Conduct of business and affairs of the Council Section 32(1) The conduct of the business and affairs of the Council shall be as provided in the Schedule. Section 32(2) Except as provided in the Schedule, the Council may regulate its own procedure.

Section 33. Remuneration of the Council Section The Council shall pay its members such remuneration, fees or allowances as may be determined by the Salaries and Remuneration Commission.

Section 34. Director-General Section 34(1) There shall be a Director-General of the Academy who shall be competitively recruited and appointed by the Council. Section 34(2) The Director-General shall serve for a five year term, renewable once on the basis of satisfactory performance. Section 34(3)(a) international relations; Section 34(3)(a)(i) international relations; Section 34(3)(a)(ii) international law; Section 34(3)(a)(iii) international diplomacy; Section 34(3)(a)(iv) economics; Section 34(3)(a)(v) social sciences; or Section 34(3)(a)(vi) a relevant field; and Section 34(3)(b) has at least ten years post graduate working experience; and Section 34(3)(c) meets the requirements of Chapter Six of the Constitution.

Section 35. Functions of Director-General Section the accounting officer of the Academy; and

Section 36. Corporation Secretary Section 36(1) There shall be a Corporation Secretary of the Academy who shall be the Secretary to the Council. Section 36(2) The terms and conditions of service of the Corporation Secretary shall be determined by the Council in consultation with the Salaries and Remuneration Commission.

Section 37. Common seal Section 37(1) The common seal of the Academy shall be kept in such custody as the Council may direct and shall not be used except on the order of the Council. Section 37(2) The affixing 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 law to be made under seal and all decisions of the Council may be authenticated by the signatures of both the Chairperson and the Director-General. Section 37(3) Notwithstanding the provisions of subsection (2) the Council shall, in the absence of either the Chairperson or the Director-General in a particular matter, nominate one member to authenticate the seal on behalf of either the Chairperson or the Director-General. Section 37(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.

Section 38. Staff of the Academy Section The Council may appoint such officers and other staff as may be necessary for the proper discharge of the functions of the Academy under this Act, upon such terms and conditions of service as it may determine upon the advice of the Salaries and Remuneration Commission.

Section 39. Delegation by the Council Section The Council may, by resolution either generally or in any particular case, delegate to any committee or member of the Council or to any Officer, employee or agent of the Academy, the exercise of any of the powers or the performance of any of the functions or duties of the Academy under this Act or under any other written law.

Section 40. Protection from liability Section 40(1) The Council or members of staff shall not be liable for loss or damage sustained by any person as a result of any action or omission done or made in good faith and without negligence in the performance of any duty or power conferred by this Act. Section 40(2) Any expenses incurred by any person in any suit or prosecution brought against that person in any court in respect of any act which is done or purported to be done by that person under the direction of the Council shall, if the court holds that such act was done in good faith, be paid out of the general funds of the Council unless such expenses are recovered by him or her in such suit or prosecution.

Section 41. Funds of the Academy Section such moneys as may be appropriated by the National Assembly for purposes of the Academy;

Section 42. Financial year Section The financial year of the Academy shall be the Financial year, period of twelve months ending on the thirtieth of June each year.

Section 43. Annual estimates Section 43(1) At least 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. Section 43(2)(a) the payment of the allowances and other charges in respect of members of the Council; Section 43(2)(b) the payment of salaries, allowances, pensions, gratuities and other charges in respect of the staff of the Academy; Section 43(2)(c) the proper maintenance of the buildings and grounds of the Academy; Section 43(2)(d) the maintenance, repair and replacement of the equipment, machinery and other property of the Academy; and Section 43(2)(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. Section 43(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary’s approval, the Council shall not increase the annua...

Section 44. Accounts and audit Section 44(1) The Council shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the Academy. Section 44(2)(a) a statement of the income and expenditure of the Academy during that year; and Section 44(2)(b) a balance sheet of the Academy on the last day of that year. Section 44(3) The accounts of the Academy shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 45. Administration of Act Section 45(1) The Cabinet Secretary shall be responsible for the administration of this Act. Section 45(2)(a) Privileges and Immunities Act ( Cap. 179 ); Section 45(2)(b) Income Tax Act ( Cap. 470 ); Section 45(2)(c) Public Finance Management Act (Cap. 412A); Section 45(2)(d) Treaty Making and Ratification Act (Cap. 4D); Section 45(2)(e) Public Procurement and Asset Disposal Act (Cap. 412C); Section 45(2)(f) Vienna Convention on Diplomatic Relations; and Section 45(2)(g) Vienna Convention on Consular Relations.

Section 46. Costs of emergency evacuation Section The National Treasury shall, subject to the approval of the National Assembly, allocate funds from the 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.

Section 47. Foreign exchange fluctuations Section The National Treasury shall compensate the Ministry for any loss incurred resulting from foreign exchange adjustment, from monies sent to its Missions abroad.

Section 48. Diplomatic reporting, notification and communication Section 48(1)(a) all diplomatic or official correspondences sent directly to the Republic’s Missions shall be forwarded to or channeled through the Ministry Headquarters; Section 48(1)(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 Section 48(1)(c) all diplomatic or official correspondences originating from domestic Ministries, agencies, or Missions and international organizations that are channeled through Ministry Headquarters shall, where appropriate, be forwarded to the relevant embassies for their information. Section 48(2) The Head of a Mission or his or her designate shall be the first point of contact for a Mission of the Republic. Section 48(3) The Principal Secretary shall be the first point of contact for the Ministry Headquarters.

Section 50. Transition Section 50(1) A high commissioner, ambassador and diplomatic or consular representative appointed prior to the commencement of this Act shall serve the remainder of their unexpired term of office unless otherwise recalled or removed from office in accordance with the Constitution, any written law or contract of service. Section 50(2) The staff of the Ministry prior to the commencement of this Act shall be the staff of the Foreign Service.