The Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations

These Regulations may be cited as the Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 168 of 2020
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations. Defines terms: "Act" as the Counter-Trafficking in Persons Act (Cap. 61); "Auditor General" as the Auditor-General appointed under Article 229 of the Constitution; "Board of Trustees" as the meaning assigned under the Act; and "financial year" as the twelve-month period ending on 30 June. Members of the Board of Trustees are entitled to be paid allowances determined and approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission. Members of the Board of Trustees must disclose any direct or indirect interest in a matter at a meeting as soon as practicable after the meeting starts and must not participate in discussion or vote on that matter; failing to comply is an offence. The Board of Trustees must keep proper books and records for the Fund; the treasurer must be the mandatory signatory on all Board transactions and accounts.

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Provisions of The Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations

Showing 12 of 12

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations.

Section 1. Citation Section These Regulations may be cited as the Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines terms: "Act" as the Counter-Trafficking in Persons Act (Cap. 61); "Auditor General" as the Auditor-General appointed under Article 229 of the Constitution; "Board of Trustees" as the meaning assigned under the Act; and "financial year" as the twelve-month period ending on 30 June.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Act" means the Counter -Trafficking in Persons Act (Cap. 61); "Auditor General" means the Auditor-General appointed under Article 229 of the Constitution; "Board of Trustees" has the meaning assigned to it under the Act; and "financial year" means the period of twelve months ending on the thirtieth June in every year.

Part II

CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES

10
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 10. Remuneration of the Trustees

AI-assisted research summary: Members of the Board of Trustees are entitled to be paid allowances determined and approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

Section 10. Remuneration of the Trustees Section There shall be paid to the members of the Board of Trustees such allowances as determined and approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.
11
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 11. Conflict of interest

AI-assisted research summary: Members of the Board of Trustees must disclose any direct or indirect interest in a matter at a meeting as soon as practicable after the meeting starts and must not participate in discussion or vote on that matter; failing to comply is an offence.

Section 11. Conflict of interest Section 11(1) If a member of the Board of Trustees is present at a meeting of the Board of Trustees where any matter is the subject of consideration and in which matter the member, his spouse, immediate relative or associate is directly or indirectly interested, the member shall as soon as practicable after the commencement of the meeting, disclose such interest and shall not take part in any consideration or discussion, or vote on any question touching on such matter. Section 11(2) A disclosure of interest made under paragraph (1) shall be recorded in the minutes of the meeting. Section 11(3) A member of the Board of Trustees who contravenes the provisions of paragraph (1) commits an offence and is liable under the Anti-corruption and Economic Crimes Act (Cap. 65).
12
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 12. Accounts and Audit

AI-assisted research summary: The Board of Trustees must keep proper books and records for the Fund; the treasurer must be the mandatory signatory on all Board transactions and accounts.

Section 12. Accounts and Audit Section 12(1) The Board of Trustees shall cause to be kept proper books of account and records in relation to the Fund and of all the undertakings, payments, dealings, the Fund's investments and property. Section 12(2) The accounts of the Trust Fund shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B). Section 12(3) The treasurer of the Board of Trustees shall be the mandatory signatory to all transactions and accounts operated by the Board of Trustees. Section 12(4)(a) a balance sheet showing in detail the assets and liabilities of the Fund; Section 12(4)(b) a statement of income and expenditure of the Fund; and Section 12(4)(c) such other statements of account as required by National and International Accounting and Audit Standards.
3
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 3. Appointment of Trustees

AI-assisted research summary: Not more than two thirds of the members of the Board of Trustees may be of the same gender; the Chairperson must be the member appointed under section 24(1)(e) of the Act.

Section 3. Appointment of Trustees Section 3(1) For purposes of section 24 of the Act, not more than two thirds of the members of the Board of Trustees shall be of the same gender. Section 3(2) The Chairperson of the Board of Trustees shall be the member appointed under section 24(1)(e) of the Act.
4
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 4. Filling of Vacancy

AI-assisted research summary: If the office of a Board of Trustees member appointed under section 24(1)(e) and (f) becomes vacant, the vacancy must be filled in the same manner specified for that office under section 24(2).

Section 4. Filling of Vacancy Section Whenever the office of a member of the Board of Trustees appointed under section 24(1) (e) and (f) of the Act falls vacant, the vacancy shall be filled in the same manner specified for that office under section 24 (2).
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CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 5. Disqualification from appointment

AI-assisted research summary: Disqualification from appointment: "is a member of a governing body of any political party;"

Section 5. Disqualification from appointment Section is a member of a governing body of any political party;
6
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 6. Vacation of office

AI-assisted research summary: Section serves the Cabinet Secretary with a written notice of resignation;

Section 6. Vacation of office Section serves the Cabinet Secretary with a written notice of resignation;
7
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 7. Powers of the Board of Trustees

AI-assisted research summary: The Board of Trustees has the power to exercise all powers necessary to perform its responsibilities under the Act, subject to trustee law.

Section 7. Powers of the Board of Trustees Section 7(1) The Board of Trustees shall subject to the law relating to Trustees exercise all the powers necessary for the proper performance of its responsibilities under the Act. Section 7(2)(a) acquire, control, and supervise the funds and assets of the Fund in a manner that best promotes the objects for which the Fund is established; Section 7(2)(b) formulate such policies and guidelines as may be necessary for the proper operations and management of the Fund and for any other matter concerning the Fund; Section 7(2)(c) receive grants, gifts, donations or endowments and make legitimate disbursements from the Fund; Section 7(2)(d) approve contracts, undertakings and other activities otherwise undertaken in the name of the Fund; Section 7(2)(e) invest only such percentage of any funds of the Fund not immediately required for its purposes in the manner prescribed by the Cabinet Secretary responsible for matters relating to finance; Section 7(2)(f) open and operate an account in the name of the Fund with a reputable bank, registered building society, or any reputable and registered financial institutions as provided in the Trustee Act (Cap. 167); Section 7(2)(g) carry out its functions in consultation with the Advisory Committee; and Section 7(2)(h) exercise such other powers as may be conferred upon the Board of Trustees by the Act or any other written law.
8
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 8. Duties of members of the Board of Trustees

AI-assisted research summary: Members of the Board of Trustees must observe the provisions of the Constitution and any written law when performing their duties under the Act and Regulations.

Section 8. Duties of members of the Board of Trustees Section observe the provisions of the Constitution and any written law in the performance of their duties under the Act and Regulations;
9
CONDUCT OF THE AFFAIRS AND BUSINESS OF THE BOARD OF TRUSTEES - 9. Meetings of the Board of Trustees

AI-assisted research summary: Sets meeting frequency, quorum, decision rules, chair duties, co-option and procedural powers for the Board of Trustees.

Section 9. Meetings of the Board of Trustees Section 9(1) The Board of Trustees shall meet not less than four times in every financial year to conduct its business and not more than three months shall lapse from the date of one meeting and the date of the next meeting. Section 9(2) Notwithstanding the provisions of subsection (1), the Chairperson may call a meeting at any time where it is considered expedient for the transaction of the business of the Fund, by giving to the members a written notice of not less than seven days. Section 9(3) The quorum for the conduct of the meetings of the Board of Trustees shall be four members. Section 9(4) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a simple majority of the votes of the members present and voting, and in the case of an equality of votes, the chairperson or person presiding in that capacity shall have a casting vote. Section 9(5) The Chairperson shall preside at every meeting of the Board and in the absence of the Chairperson, members shall elect one of the members to preside with respect to that meeting. Section 9(6) The Board of Trustees may if it deems appropriate, co-opt any person whose expertise is required to attend deliberations of the Board but such person shall not have the right to vote. Section 9(7) Subject to the Act, the Board of Trustees may regulate its own procedures at their meetings.

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