Information and Communications Technology Authority Order

Section 1. Citation Section This Order may be cited as the Information and Communications Technology Authority Order.

Section 2. Interpretation Section the Kenya ICT Board established under the Kenya ICT Board Order, 2007 under Legal Notice number 26 of 2007;

Section 3. Establishment and functions of the Authority Section 3(1) There is hereby established a state corporation to be known as the Information and Communications Technology Authority. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) receiving, investing, borrowing and lending money; and Section 3(2)(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provisions of this Order which may be done by a body corporate. Section 3(3)(a) the Kenya Information and Communications Technology (ICT) Board; Section 3(3)(b) the Directorate of e-Government; and Section 3(3)(c) the Government Information Technology Services (GITS) Department. Section 3(4) The headquarters of the Authority shall be in Nairobi.

Section 4. Functions of the Authority Section set and enforce ICT standards & guidelines for human resource, infrastructure, processes, systems and technology for the public office and public service and;

Section 5. Guiding principles of the Authority Section 5(1)(a) efficiency; Section 5(1)(b) effectiveness; Section 5(1)(c) value for money; and Section 5(1)(d) environmental protection. Section 5(2)(a) strategic progress in the development and use of ICTs; Section 5(2)(b) universal access to services through ICTs; Section 5(2)(c) universal good quality broadband.

Section 6. Establishment, of the Board Section 6(1) There shall be a Board of the Authority which shall have responsibility of managing the Authority in accordance with this Order. Section 6(2)(a) a non-executive Chairperson appointed by the President; Section 6(2)(b) the Principal Secretary responsible for matters relating to Information Communications and Technology; Section 6(2)(c) the Principal Secretary responsible for matters relating to the National Treasury; Section 6(2)(d) the Principal Secretary responsible for matters relating to Land, Housing and Urban Development; Section 6(2)(e) not more than six persons, not being public officers, appointed by the Cabinet Secretary, by virtue of their specialist knowledge and distinguished service and experience of at least seven years in matters relating to information and communications technologies, e-Government, e-Commerce, law, finance or human resources management; and Section 6(2)(f) the Chief Executive Officer. Section 6(3) A member of the Board shall, subject to such conditions as may be specified in his instrument of appointment, hold office for a term not exceeding three years and shall be eligible for reappointment for on...

Section 7. Remuneration and allowances Section The members of the Board shall be paid such remuneration, allowances and reimbursement of costs as the Board may, with the approval of the Cabinet Secretary in consultation with the National Treasury and Salaries and Remuneration Commission, determine.

Section 8. Appointment of committees Section The Board, may, for the better performance of its functions appoint and assign duties to such Committees, as it may consider appropriate.

Section 9. Board meetings Section The Board shall meet not less than four times during each financial year.

Section 10. Quorum of the Board Section The quorum of a meeting of the Board shall be two thirds of all members. [ L.N. 198/2013 , r. 5.]

Section 11. Chief Executive Officer Section 11(1) There shall be a Chief Executive Officer of the Authority who shall be appointed by the Cabinet Secretary Section 11(2) The Cabinet Secretary shall appoint the first Chief Executive Officer of the Authority upon commencement of this Order from among the chief executive officers of the former bodies set out under this Order for a term of not more than three years but subsequent appointments shall be made by the Cabinet Secretary on the recommendation of the Board after a competitive recruitment process on such terms and conditions as shall be determined. Section 11(3) The Chief Executive Officer shall hold office for a term not exceeding three years and shall be eligible for reappointment for a further one term. Section 11(4) A person shall not be appointed as the Chief Executive Officer unless the person possesses a degree from a recognized institution and has a least seven years working experience in a senior position in matters relating to information communications technology, law or finance and satisfies the requirements of Chapter six of the Constitution Section 11(5)(a) have overall responsibility for the direction, organizati...

Section 12. Powers of the Board Section administer the property and funds of the Authority in a manner and for the purposes which shall promote the interest of the Authority; but the Board shall not charge or dispose of immovable property of the Authority except in accordance with the procedures laid down by the Government of Kenya;

Section 13. Seal and Execution of Documents Section 13(1) The common seal of the Authority shall be kept in the custody of the Authority and shall not be affixed to any instrument or document except as may be generally or specifically authorised by the Board. Section 13(2) The common seal of the Authority shall be authenticated by the signature of the Chief Executive Officer and the Chairperson or of one other member of the Board authorized by the Board on their behalf. Section 13(3) All documents, other than those required by law to be under seal and all decisions of the Board, may be authenticated by the signature of the Chairperson or, in the case of a decision taken at a meeting at which the Chairperson was not present, by the signature of the person presiding at such meeting

Section 14. Staff Section 14(1)(a) such professional, technical and administrative officers and support staff, as may be appointed by the Authority in the discharge of its functions under this Act; and Section 14(1)(b) such public officers as may be seconded by the Public Service Commission to the Authority upon the request of the Authority. Section 14(2) In addition to the staff appointed by the Authority, the national and county governments may, upon request by the Authority, second to the Authority such number of public officers as may be necessary for the due performance of the functions of the Authority. Section 14(3) A public officer seconded to the Authority shall, during the period of secondment, be deemed to be an officer of the Authority and shall be subject only to the direction and control of the Authority. Section 14(4) The Board may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee, or body, the power to appoint any member of the staff of the Authority. Section 14(5) All members of staff of the Authority shall be subject to the general authority of the Board and the Chief Executive Officer.

Section 15. Delegation of duties of the Chief Executive Officer Section 15(1) In the event of the incapacity of the Chief Executive Officer, the Chairperson of the Board may appoint an officer of the Authority to carry out the functions of the Chief Executive Officer during the period of incapacity. Section 15(2) In this section "incapacity" includes absence from Kenya or inability for any reason to perform the functions of the office

Section 16. Funds of the Authority Section monies appropriated by Parliament for purposes of the Authority;

Section 17. Financial Year Section The financial year for the Authority shall be a period of twelve months ending on the thirtieth June in each year.

Section 18. Annual estimates Section 18(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of revenue and expenditure for the year. Section 18(2)(a) the payment of the allowances and other charges in respect of the members of Board of the Authority; Section 18(2)(b) the payment of salaries, pensions, gratuities and other charges in respect of retirement benefits to staff of the Authority; Section 18(2)(c) the proper maintenance of buildings and grounds of the Authority; Section 18(2)(d) the proper maintenance, repair, and replacement of the equipment and other movable property of the Authority; and Section 18(2)(e) the creation of reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of other matters as the Board may consider necessary. Section 18(3) The annual estimates shall be presented to the Board for approval before the commencement of the financial year to which they relate. Section 18(4) Once the annual estimates are approved, the sum provided in the estimates shall not be increased without the prior consen...

Section 19. Accounts and audit Section 19(1) The Board shall cause to be kept all proper books and records of accounts of income, expenditure, assets and liabilities of the Authority. Section 19(2)(a) a statement of income and expenditure during the year; and Section 19(2)(b) a statement of assets and liabilities on the last day of the financial year. Section 19(3) The accounts of the Authority shall be audited by the Auditor-General or by an auditor appointed by the Board with the written approval of the Auditor-General. Section 19(4) The appointment of the Auditor shall not be terminated by the Board without the prior written consent of the Auditor-General. Section 19(5) The Auditor-General may give general or special directions to an Auditor appointed under subparagraph (3) and the Auditor shall comply with the directions. Section 19(6) An Auditor appointed under subparagraph (3) shall report directly to the Auditor-General on any matter relating to the directions given under subparagraph (5). Section 19(7) Within a period of six months after the end of financial year, the Auditor-General shall report on the examination and audit of the accounts to the Board and to the Cabinet S...

Section 20. Investment of funds of the Authority Section 20(1) The Board may invest funds of the Authority which are not immediately required for its purposes in such securities as the National Treasury may from time to time approve. Section 20(2) The Board may place on deposit, with such bank as it may determine any money that is not immediately required for the purposes of the Authority.

Section 21. Disposal of assets of the Authority Section The Board shall not charge or dispose of immovable property of the Authority without the prior approval of the Cabinet Secretary.

Section 22. Annual report on Authority operations Section 22(1) The Board shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Authority for the immediately preceding financial year. Section 22(2) The Cabinet Secretary shall cause to be laid the annual report before the National Assembly within three months of the day the National Assembly sits after the report is presented to the Cabinet Secretary.

Section 23. Transfer of vesting Schedule Section 23(1) The Cabinet Secretary for responsible for matters relating to the National Treasury and the Cabinet Secretary for responsible for matters relating to the Interior and Co-ordination of National Government, may by notice in the Gazette , specify the date or dates and the manner in which the vesting Schedule shall be transferred to and vested in the Authority. Section 23(2) A notice under subparagraph (1) shall specify the assets and liabilities of the former bodies which are to be transferred to the Authority. Section 23(3) If, on the vesting day, any suit, appeal, arbitration or other proceedings of whatever nature and whosesoever instituted in relation to the business of the former bodies which is by virtue of this section, transferred to the Authority, shall not abate, be discontinued or be in any way prejudicially affected by reason of such transfer of the business of the former bodies or of anything contained in this Order, and any suit, appeal arbitration or other proceedings shall be continued, and enforced by or against the Authority. Section 23(4) In the case of assets and liabilities arising under any loans which vest i...

Section 24. Revocation of L.N. 26/2007 Section The Kenya Information Technology Board Order, 2007 is revoked.

Section 25. Transition and saving provisions Section 25(1) All rights, liabilities and assets held by any body on behalf of the former bodies existing at the commencement of this Order, shall be automatically and fully transferred to the Authority. Section 25(2) A State Organ, Public Office or Public Entity shall not enter into any new contract or contractual arrangement or procurement for the provision of goods or services covered by the mandate of the authority during the transition period without the prior written authorization of the Cabinet Secretary. Section 25(3) The former bodies, shall continue to be liable to former employees who have retired on the vesting day for such pension benefits payable as they are entitled to under the regulations of those pension schemes. Section 25(4) The staff of the former bodies existing prior to the commencement of this Order including those on secondment are eligible for employment by the Authority subject to appraisal and evaluation by the Board. Section 25(5) Where any person whose services are transferred to the Authority, is on the vesting day, a member of any statutory or voluntary pension scheme or provident fund he shall, for the pu...