Judiciary Fund Act — Esheria

Statute

Judiciary Fund Act

Cap. 8B Country: Kenya As of: 31 Dec 2022 Status: In force Sections: 14
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Section 1

PRELIMINARY - 1. Short title

Part I: PRELIMINARY

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

Section 2

PRELIMINARY - 2. Interpretation

Part I: PRELIMINARY

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Chief Registrar" means the Chief Registrar of the Judiciary appointed under Article 161(2)(c) of the Constitution; and "Fund" means the Judiciary Fund established by Article 173 of the Constitution.

Section 3

PRELIMINARY - 3. Objectives of the Fund

Part I: PRELIMINARY

Section 3. Objectives of the Fund Section safeguard the financial and operational independence of the Judiciary;

Section 4

PRELIMINARY - 4. Sources of the Fund

Part I: PRELIMINARY

Section 4. Sources of the Fund Section such monies as may be appropriated by the National Assembly out of the Consolidated Fund;

Section 5

ADMINISTRATION OF THE FUND - 5. Administration of the Fund

Part II: ADMINISTRATION OF THE FUND

Section 5. Administration of the Fund Section in the management of the Fund, ensure compliance with the Public Finance Management Act (Cap. 412A); and

Section 6

ADMINISTRATION OF THE FUND - 6. Utilization of the Fund

Part II: ADMINISTRATION OF THE FUND

Section 6. Utilization of the Fund Section to defray the administrative expenses of the Judiciary;

Section 7

ADMINISTRATION OF THE FUND - 7. Monies to be retained in the Fund

Part II: ADMINISTRATION OF THE FUND

Section 7. Monies to be retained in the Fund Section 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 the Constitution and this Act.

Section 8

ADMINISTRATION OF THE FUND - 8. Financial year

Part II: ADMINISTRATION OF THE FUND

Section 8. Financial year Section The financial year of the Fund shall be the period of twelve months ending on the thirtieth June each year.

Section 9

ADMINISTRATION OF THE FUND - 9. Bank accounts

Part II: ADMINISTRATION OF THE FUND

Section 9. Bank accounts Section The Chief Registrar shall open and maintain such bank accounts as are necessary for the effective management of the Fund.

Section 10

ADMINISTRATION OF THE FUND - 10. Accounts and audit

Part II: ADMINISTRATION OF THE FUND

Section 10. Accounts and audit Section 10(1)(a) keep or cause to be kept proper books of accounts and other books and records related to the Fund; and Section 10(1)(b) prepare, sign and transmit to the Auditor-General accounts of the Fund in accordance with Public Audit Act (Cap. 412B). Section 10(2) Within a period of three months from the end of each financial year, the Chief Registrar shall submit to the Auditor-General the accounts of the Fund. Section 10(3) The accounts of the Fund shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).

Section 11

ADMINISTRATION OF THE FUND - 11. Annual report

Part II: ADMINISTRATION OF THE FUND

Section 11. Annual report Section 11(1) The Chief Registrar shall, within three months after the end of each financial year, prepare and submit to the National Assembly a report of the operations of the Fund for the immediately preceding year. Section 11(2) The Chief Registrar shall forward a copy of the report to the Chief Justice.

Section 12

ADMINISTRATION OF THE FUND - 12. Delegation by Chief Registrar

Part II: ADMINISTRATION OF THE FUND

Section 12. Delegation by Chief Registrar Section The Chief Registrar, may, for purposes of the Fund, delegate to a judicial officer or judiciary staff, in writing, the powers or functions of an Accounting Officer in accordance with the Public Finance Management Act (Cap. 412A).

Section 13

ADMINISTRATION OF THE FUND - 13. Authority to incur expenditure

Part II: ADMINISTRATION OF THE FUND

Section 13. Authority to incur expenditure Section 13(1) The Chief Registrar may, in writing, authorize a judicial officer or a member of staff for the efficient management of the Judiciary. Section 13(2) The authority to incur expenditure shall be accompanied by guidelines on its usage.

Section 14

PROVISIONS ON DELEGATED LEGISLATION - 14. Regulations

Part III: PROVISIONS ON DELEGATED LEGISLATION

Section 14. Regulations Section 14(1) The Chief Justice may, in consultation with the Chief Registrar, make regulations for the proper management of the Fund. Section 14(2)(a) the purpose and objective of delegation under this section is to enable the Chief Justice to make regulations to provide for the proper management of the Fund; Section 14(2)(b) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act (Cap. 2) and the Statutory Instruments Act (Cap. 2A).