Kenya Export Promotion and Branding Agency Order

This order may be cited as the Kenya Export Promotion and Branding Agency Order, 2019.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 110 of 2019
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

This order may be cited as the Kenya Export Promotion and Branding Agency Order, 2019. Defines "Agency", "Board", and "Cabinet Secretary" for the order. Establishes the Kenya Export Promotion and Branding Agency and states that the Agency shall be a body corporate in accordance with section 3 of the Act. The Agency has functions including market development, promotion and national branding; trade information and business counselling; enterprise and product development; and research and policy facilitation. The Board may appoint professional, technical and administrative staff; the Board must recruit Commercial Attaches with final approval by the Cabinet Secretary through a competitive process; persons appointed must serve on terms the Board determines with advice from the Salaries and Remuneration Commission.

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Provisions of Kenya Export Promotion and Branding Agency Order

Showing 19 of 19

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation.

AI-assisted research summary: This order may be cited as the Kenya Export Promotion and Branding Agency Order, 2019.

Section 1. Citation. Section This order may be cited as the Kenya Export Promotion and Branding Agency Order, 2019.
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PRELIMINARY - 2. Interpretation.

AI-assisted research summary: Defines "Agency", "Board", and "Cabinet Secretary" for the order.

Section 2. Interpretation. Section In this order, unless the context otherwise requires— "Agency" means the Kenya Export Promotion and Branding Agency established under paragraph 3; "Board" means the Board of Directors of the Agency established under paragraph 5; and "Cabinet Secretary" refers to the Cabinet Secretary for the time being responsible for matters relating to export promotion and branding.

Part II

KENYA EXPORT PROMOTION AND BRANDING AGENCY

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KENYA EXPORT PROMOTION AND BRANDING AGENCY - 3. Establishment of the Agency.

AI-assisted research summary: Establishes the Kenya Export Promotion and Branding Agency and states that the Agency shall be a body corporate in accordance with section 3 of the Act.

Section 3. Establishment of the Agency. Section 3(1) There is established an agency to be known as the Kenya Export Promotion and Branding Agency. Section 3(2) The Agency shall be a body corporate in accordance with section 3 of the Act. Section 3(3)(a) the Brand Kenya Board established by the Brand Kenya Board Order, 2008; and Section 3(3)(b) the Export Promotion Council established on the 19th August, 1992 through Gazette Notice No. 4342 of 1992.
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KENYA EXPORT PROMOTION AND BRANDING AGENCY - 4. Functions of the Agency

AI-assisted research summary: The Agency has functions including market development, promotion and national branding; trade information and business counselling; enterprise and product development; and research and policy facilitation.

Section 4. Functions of the Agency Section 4(2)(a) by market development, promotion and national branding; Section 4(2)(b) by trade information and business counselling services; Section 4(2)(c) by enterprise and product development; and Section 4(2)(d) by research and policy facilitation.

Part III

BOARD OF DIRECTORS OF THE AGENCY

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BOARD OF DIRECTORS OF THE AGENCY - 10. Staff of the Agency.

AI-assisted research summary: The Board may appoint professional, technical and administrative staff; the Board must recruit Commercial Attaches with final approval by the Cabinet Secretary through a competitive process; persons appointed must serve on terms the Board determines with advice from the Salaries and Remuneration Commission.

Section 10. Staff of the Agency. Section 10(1) The Board may appoint such number of professional, technical and administrative staff for the Agency. Section 10(2) Without prejudice to the generality of subparagraph (1), the Board shall, with the final approval by the Cabinet Secretary, recruit Commercial Attaches through a competitive process. Section 10(3) Any person appointed under subparagraphs (1) and (2) shall serve on such terms and conditions as the Board may, with the advice of the Salaries and Remuneration Commission, determine.
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BOARD OF DIRECTORS OF THE AGENCY - 5. Board of Directors of the Agency

AI-assisted research summary: Specifies the composition of the Agency's Board (identifying named office-holders, appointed private-sector members, and ex officio non-voting members) and sets a tenure limit of up to three years for Board members and the CEO, renewable only once for up to three years.

Section 5. Board of Directors of the Agency Section 5(1)(a) a non-executive Chairperson appointed by the President; Section 5(1)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to export promotion and branding; Section 5(1)(c) the Attorney-General or his representative; Section 5(1)(d) the Principal Secretary for the National Treasury; Section 5(1)(e) three persons from the private sector who shall be appointed by the Cabinet Secretary; Section 5(1)(f) the Chief Executive Officer who shall be an ex officio member without the right to vote at the meetings of the Board; and Section 5(1)(g) the Corporation Secretary who shall be an ex officio member without the right to vote at the meetings of the Board. Section 5(2) The appointments under subparagraphs (1)(a) and (e) shall be by notice in the Gazette . Section 5(3) The tenure of the members of the Board and the Chief Executive Officer shall each be for a period not exceeding three years which may be renewed only once for a period not exceeding three years.
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BOARD OF DIRECTORS OF THE AGENCY - 6. Functions of the Board.

AI-assisted research summary: The Board (Functions of the Board) provides strategic advice and direction to the Agency.

Section 6. Functions of the Board. Section provide strategic advice and direction to the Agency;
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BOARD OF DIRECTORS OF THE AGENCY - 7. Qualification for appointment to the Board.

AI-assisted research summary: To be qualified for appointment to the Board, the appointee must hold a degree in a relevant field from a university recognized in Kenya.

Section 7. Qualification for appointment to the Board. Section holds a degree in a relevant field from a university recognized in Kenya;
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BOARD OF DIRECTORS OF THE AGENCY - 8. Chief Executive Officer.

AI-assisted research summary: The Board shall competitively recruit and appoint a Chief Executive Officer on terms determined by the Board on the advice of the Salaries and Remuneration Commission; the Chief Executive Officer must meet specified qualifications and perform specified functions.

Section 8. Chief Executive Officer. Section 8(1) There shall be a Chief Executive Officer of the Agency who shall be competitively recruited and appointed by the Board on such terms as shall be determined by the Board on the advice of the Salaries and Remuneration Commission. Section 8(2)(a) holds a degree in a relevant field from a university recognized in Kenya; Section 8(2)(b) has at least ten years' knowledge and experience in trade or export promotion; Section 8(2)(c) meets the requirements of Chapter Six of the Constitution; Section 8(2)(d) has served in a senior management position for a period of at least five years; and Section 8(2)(e) meets the requirements of fit and proper test. Section 8(3)(a) the day to day operations of the Agency; Section 8(3)(b) supervision, management and discipline of the staff of the Agency; Section 8(3)(c) executing the policies of the Board in respect of the mandate of the Agency; Section 8(3)(d) reporting to the Board on the performance of the Agency; and Section 8(3)(e) performing any other functions as may be assigned to him or her by the Board from time to time.
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BOARD OF DIRECTORS OF THE AGENCY - 9. Corporation Secretary.

AI-assisted research summary: The Board must recruit and appoint a Corporation Secretary on terms determined by the Board on the advice of the Salaries and Remuneration Commission; the Corporation Secretary must meet the qualifications in Section 9(2) and perform the functions listed in Section 9(3).

Section 9. Corporation Secretary. Section 9(1) There shall be a Corporation Secretary to the Board who shall be competitively recruited and appointed by the Board on such terms as shall be determined by the Board on the advice of the Salaries and Remuneration Commission. Section 9(2)(a) holds a degree in a relevant field from a university recognised in Kenya; Section 9(2)(b) is a certified public secretary and has been a member in good standing of the Institute of Certified Public Secretaries of Kenya for at least five years; Section 9(2)(c) has previously held the position of a corporation secretary for a period of at least five years; Section 9(2)(d) meets the requirements of Chapter Six of the Constitution; and Section 9(2)(e) meets the requirements of the fit and proper test. Section 9(3)(a) providing guidance to the Board on the Board's duties, responsibilities and powers; Section 9(3)(b) ensuring that Board follows its procedures and complies with the respective laws and regulations; Section 9(3)(c) assisting the Chairperson to organise the Board's activities including meetings, agendas of meetings and issuing notices to other members of the Board; Section 9(3)(d) taking and keeping the minutes of the meetings of the Board, and circulating the minutes to the members of the Board; Section 9(3)(e) preparing the Board's work plans, circulating Board papers before meetings, keeping a record of attendance at meetings, keeping in safe custody the seal of the Board and a record of the seal's usage, and preparing the annual meetings of the Board; Section 9(3)(f) keeping a record of the appointment letters, Notices of appointment and the written acceptance of appointment by members of the Board; and Section 9(3)(g) keeping a record of conflicts of interest declared by each member of the Board.

Part IV

FINANCIAL PROVISIONS

11
FINANCIAL PROVISIONS - 11. Funds of the Agency.

AI-assisted research summary: Parliament may appropriate monies for the purposes of the Agency.

Section 11. Funds of the Agency. Section such monies as may be appropriated by Parliament for the purposes of the Agency;
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FINANCIAL PROVISIONS - 12. Financial year.

AI-assisted research summary: The Agency's financial year is the 12-month period ending on 30 June each year.

Section 12. Financial year. Section The financial year of the Agency shall be the period of twelve months ending on the 30th June in each year.
13
FINANCIAL PROVISIONS - 13. Annual estimates.

AI-assisted research summary: The Board must cause estimates of the Agency's revenue and expenditure to be prepared at least three months before each financial year.

Section 13. Annual estimates. Section 13(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of its revenue and expenditure for that year. Section 13(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Agency; Section 13(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Agency; Section 13(2)(c) the proper maintenance of the buildings and grounds of the Agency; Section 13(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Agency; and Section 13(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 such other matters as the Agency may deem fit. Section 13(3) The annual estimates shall be submitted to the Cabinet Secretary for approval before the commencement of the financial year to which they relate, and once approved, the sum provided in the estimates shall not be increased without the prior consent of the Cabinet Secretary. Section 13(4) No expenditure shall be incurred for the purposes of the Agency except in accordance with the annual estimates approved under this paragraph.
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FINANCIAL PROVISIONS - 14. Investment of surplus funds.

AI-assisted research summary: The Agency may invest surplus funds in securities approved by the National Treasury and may deposit surplus monies with banks licensed by the Central Bank of Kenya.

Section 14. Investment of surplus funds. Section 14(1) The Agency may invest any of its funds which are not immediately required for its purposes in such securities as the National Treasury may, from time to time, approve. Section 14(2) The Agency may place on deposit with such bank or banks which are licensed to operate in Kenya by the Central Bank of Kenya any monies not immediately required for its purposes.
15
FINANCIAL PROVISIONS - 15. Books of accounts.

AI-assisted research summary: The Agency must cause proper books and records of account to be kept for the Board's income, expenditure, assets and liabilities.

Section 15. Books of accounts. Section The Agency shall cause to be kept proper books and records of account of the income, expenditure, assets and liabilities of the Board.
16
FINANCIAL PROVISIONS - 16. Accounts and audit.

AI-assisted research summary: Section 16 requires the Agency's accounts to be audited by the Auditor-General or an auditor appointed by the Board (with the Auditor-General's written approval), sets reporting and inspection duties and timing, restricts termination of an auditor's appointment without the Auditor-General's consent, and requires the Cabinet Secretary to lay the audit report before the National Assembly.

Section 16. Accounts and audit. Section 16(1) The accounts of the Agency shall be audited by the Auditor-General or by an auditor appointed by the Board with the written approval of the Auditor-General. Section 16(2)(a) a statement of income and expenditure of the Agency during that year; and Section 16(2)(b) a statement of the assets and liabilities of the Agency on the last day of the financial year. Section 16(2) The accounts of the Agency shall be audited in accordance with the provisions of the Public Audit Act, 2015. Section 16(3) The appointment of an auditor under subparagraph (1) shall not be terminated by the Agency without the prior written consent of the Auditor-General. Section 16(4) The Auditor-General may give general or special directions to an auditor appointed under subparagraph (1) and the auditor shall comply with those directions. Section 16(5) An auditor appointed under subparagraph (1) shall report directly to the Auditor-General on any matter relating to the directions given by the Auditor-General. Section 16(6) Within six months after the end of each financial year, the Auditor-General shall report on the examination and audit of the accounts to the Agency to the Cabinet Secretary and, in the case of an auditor appointed under subparagraph (1), the auditor shall transmit a copy of the report to the Auditor-General. Section 16(7) Nothing in this Order shall be construed to prohibit the Auditor-General from carrying out an inspection of the Agency's accounts or records whenever it appears desirable and the Auditor- General shall carry out such an inspection at least once every six months. Section 16(8) The Cabinet Secretary shall lay the report prepared under subparagraph (6) before the National Assembly as soon as reasonably practicable after the report has been submitted to him or her.

Part V

GENERAL PROVISIONS

17
GENERAL PROVISIONS - 17. Revocation of L.N. No. 38 of 2008.

AI-assisted research summary: The Brand Kenya Board Order, 2008 is revoked.

Section 17. Revocation of L.N. No. 38 of 2008. Section The Brand Kenya Board Order, 2008 is revoked.
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GENERAL PROVISIONS - 18. Revocation of G.N No. 4342 of 1992.

AI-assisted research summary: The Gazette Notice No. 4342 of 1992 establishing the Export Promotion Council is revoked.

Section 18. Revocation of G.N No. 4342 of 1992. Section 18(1) The Gazette Notice No. 4342 of 1992 establishing the Export Promotion Council is revoked.
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GENERAL PROVISIONS - 19. Transitional and saving provisions.

AI-assisted research summary: Orders, directions, appointments and offices created under the Brand Kenya Board Order, 2008 remain valid until cancelled, revoked, varied or abolished.

Section 19. Transitional and saving provisions. Section any order, direction or appointment issued under the Brand Kenya Board Order, 2008 or made by the Export Promotion Council and every office created under the Brand Kenya Board Order shall remain valid until otherwise cancelled, revoked, varied or abolished;

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