Information and Communications Technology Authority Order

The Order may be cited as the Information and Communications Technology Authority Order.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 183 of 2013
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Order may be cited as the Information and Communications Technology Authority Order. Defines "the Kenya ICT Board" as "the Kenya ICT Board established under the Kenya ICT Board Order, 2007 under Legal Notice number 26 of 2007." Section 3 establishes a state corporation called the Information and Communications Technology Authority, lists its corporate powers and functions (including suing and being sued, holding and disposing of property, receiving/investing/borrowing/lending money, entering into contracts and doing other acts for furtherance of the Order), names predecessor units, and states the Authority's headquarters is in Nairobi. The Authority must set and enforce ICT standards and guidelines for human resources, infrastructure, processes, systems and technology for the public office and public service. Lists the Authority's guiding principles, including efficiency, effectiveness, value for money, environmental protection, and ICT development and access objectives.

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Provisions of Information and Communications Technology Authority Order

Showing 25 of 25

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: The Order may be cited as the Information and Communications Technology Authority Order.

Section 1. Citation Section This Order may be cited as the Information and Communications Technology Authority Order.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines "the Kenya ICT Board" as "the Kenya ICT Board established under the Kenya ICT Board Order, 2007 under Legal Notice number 26 of 2007."

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

Part II

ESTABLISHMENT OF THE AUTHORITY

3
ESTABLISHMENT OF THE AUTHORITY - 3. Establishment and functions of the Authority

AI-assisted research summary: Section 3 establishes a state corporation called the Information and Communications Technology Authority, lists its corporate powers and functions (including suing and being sued, holding and disposing of property, receiving/investing/borrowing/lending money, entering into contracts and doing other acts for furtherance of the Order), names predecessor units, and states the Authority's headquarters is in Nairobi.

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.
4
ESTABLISHMENT OF THE AUTHORITY - 4. Functions of the Authority

AI-assisted research summary: The Authority must set and enforce ICT standards and guidelines for human resources, infrastructure, processes, systems and technology for the public office and public service.

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;
5
ESTABLISHMENT OF THE AUTHORITY - 5. Guiding principles of the Authority

AI-assisted research summary: Lists the Authority's guiding principles, including efficiency, effectiveness, value for money, environmental protection, and ICT development and access objectives.

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.

Part III

ESTABLISHMENT OF THE BOARD

10
ESTABLISHMENT OF THE BOARD - 10. Quorum of the Board

AI-assisted research summary: A meeting of the Board requires a quorum equal to two thirds of all members.

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.]
11
ESTABLISHMENT OF THE BOARD - 11. Chief Executive Officer

AI-assisted research summary: The Cabinet Secretary must appoint a Chief Executive Officer; the CEO serves up to three years, eligible for one reappointment, must meet degree and seven years' senior experience requirements, and has specified management duties including being accounting officer.

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, organization and administration of programmes and other affairs of the Authority; Section 11(5)(b) be responsible for the supervision and discipline of the staff of the Authority; Section 11(5)(c) subject to the directions of the Board on matters of policy, be responsible to Board for the administration and management of the Authority; Section 11(5)(d) be the accounting officer of the Authority.
12
ESTABLISHMENT OF THE BOARD - 12. Powers of the Board

AI-assisted research summary: The Board must administer the Authority's property and funds to promote the Authority's interest; the Board must not charge or dispose of the Authority's immovable property except according to procedures laid down by the Government of Kenya.

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;
13
ESTABLISHMENT OF THE BOARD - 13. Seal and Execution of Documents

AI-assisted research summary: The Authority must keep its common seal in its custody; the seal must be authenticated by specified officers' signatures; the Chairperson (or person presiding) may authenticate most documents.

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
14
ESTABLISHMENT OF THE BOARD - 14. Staff

AI-assisted research summary: Rules on Authority staff: the Authority may appoint professional and support staff; public officers may be seconded on request; seconded officers are treated as Authority officers under its control; the Board may delegate appointment powers; all staff are subject to the Board and CEO.

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.
15
ESTABLISHMENT OF THE BOARD - 15. Delegation of duties of the Chief Executive Officer

AI-assisted research summary: The Chairperson of the Board may appoint an officer of the Authority to perform the Chief Executive Officer's functions during the CEO's incapacity; "incapacity" includes absence from Kenya or inability to perform the office's functions.

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
6
ESTABLISHMENT OF THE BOARD - 6. Establishment, of the Board

AI-assisted research summary: Establishes a Board of the Authority responsible for managing the Authority and sets out its membership and terms of office.

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 one further term. Section 6(4) Members of the Board shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times. Section 6(5) The Board may from time to time co-opt into its membership persons to assist it in any particular matter for the time being before the Board, but such co-opted member shall not be entitled to vote on the matter. [ L.N. 198/2013 , r. 4.]
7
ESTABLISHMENT OF THE BOARD - 7. Remuneration and allowances

AI-assisted research summary: The members of the Board are entitled to be paid remuneration, allowances and reimbursement of costs as determined by the Board with required approvals.

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.
8
ESTABLISHMENT OF THE BOARD - 8. Appointment of committees

AI-assisted research summary: The Board may appoint committees and assign duties to them to better perform its functions.

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.
9
ESTABLISHMENT OF THE BOARD - 9. Board meetings

AI-assisted research summary: The Board must meet not less than four times during each financial year.

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

Part IV

FINANCIAL PROVISIONS

16
FINANCIAL PROVISIONS - 16. Funds of the Authority

AI-assisted research summary: The Authority's funds are monies appropriated by Parliament for the purposes of the Authority.

Section 16. Funds of the Authority Section monies appropriated by Parliament for purposes of the Authority;
17
FINANCIAL PROVISIONS - 17. Financial Year

AI-assisted research summary: The Authority's financial year must be a period of twelve months ending on the thirtieth June in each year.

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.
18
FINANCIAL PROVISIONS - 18. Annual estimates

AI-assisted research summary: The Board must cause estimates of revenue and expenditure for each financial year to be prepared at least three months before the start of the 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 consent of the Board. Section 18(5) No expenditure shall be incurred for the purposes of the Authority except in accordance with the annual estimates approved under paragraph (3) or an authorization of the Board.
19
FINANCIAL PROVISIONS - 19. Accounts and audit

AI-assisted research summary: Section 19 requires the Board to keep proper accounting records; provides audit arrangements involving the Auditor-General and auditors the Board appoints; restricts termination of an appointed auditor without the Auditor-General's consent; allows the Auditor-General to direct auditors and inspect the Authority's accounts; and requires periodic reporting within six months after the financial year.

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 Secretary, and in the case of an Auditor appointed under subparagraph (3), the Auditor shall send a copy of the report to the Auditor-General. Section 19(8) Nothing in this Order shall be construed to prohibit the Auditor-General from carrying out an inspection of the Authority's accounts or records whenever it is desirable and the Auditor-General shall carry out such an inspection once every six months. Section 19(9) The Cabinet Secretary shall cause to be laid the Annual Audit Report before the National Assembly as soon as is reasonably practicable after the report is submitted to the Cabinet Secretary.
20
FINANCIAL PROVISIONS - 20. Investment of funds of the Authority

AI-assisted research summary: The Board may invest Authority funds not immediately required in securities approved by the National Treasury, and may place on deposit, with a bank it determines, money not immediately required for the Authority's purposes.

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.
21
FINANCIAL PROVISIONS - 21. Disposal of assets of the Authority

AI-assisted research summary: The Board must not charge or dispose of the Authority's immovable property without the prior approval of the Cabinet Secretary.

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.
22
FINANCIAL PROVISIONS - 22. Annual report on Authority operations

AI-assisted research summary: The Board must, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report on the Authority's operations for the previous financial year; the Cabinet Secretary must lay that report before the National Assembly within three months of the Assembly's next sitting after presentation.

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.
23
FINANCIAL PROVISIONS - 23. Transfer of vesting Schedule

AI-assisted research summary: Sections 23(1)–(5) govern transfer and vesting of the vesting Schedule: two named Cabinet Secretaries may give Gazette notice to set transfer dates and manner; such a notice must specify assets and liabilities to transfer; proceedings relating to transferred business continue and may be enforced by or against the Authority; the Authority may make arrangements over loan rights and liabilities; assets/liabilities not vested in the Authority shall be disposed of as the National Treasury Cabinet Secretary determines.

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 in the former bodies on the vesting day, the Authority, may enter into such arrangements or agreements over such rights and liabilities with the Government or any other third party. Section 23(5) Any assets and liabilities of the former bodies which are not to be vested in the Authority shall be disposed of in such manner as the Cabinet Secretary for responsible for matters relating to the National Treasury shall determine. [ L.N. 198/2013 , r. 7]
24
FINANCIAL PROVISIONS - 24. Revocation of L.N. 26/2007

AI-assisted research summary: The Kenya Information Technology Board Order, 2007 is revoked.

Section 24. Revocation of L.N. 26/2007 Section The Kenya Information Technology Board Order, 2007 is revoked.
25
FINANCIAL PROVISIONS - 25. Transition and saving provisions

AI-assisted research summary: Section 25 transfers rights, liabilities and assets of former bodies to the Authority; restricts State organs, public offices and public entities from entering new contracts related to the Authority's mandate during the transition without prior written Cabinet Secretary authorization; preserves pension liabilities and rights; makes former staff eligible for employment by the Authority subject to Board appraisal.

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 purpose of this Order, continue to be governed by the same regulations under those schemes or funds as if he had not been so transferred, and for purposes of the regulations governing those schemes or funds his service with the Authority, shall be deemed to be service in the former bodies. Section 25(6) Deleted byL.N. 198/2013 . Section 25(7) Deleted byL.N. 198/2013 . Section 25(8)(a) any disciplinary proceedings against any employee of the former bodies are in the course of being heard or instituted, or have been heard or investigated by the former bodies but no order or decision has been made thereon; or Section 25(8)(b) in the case of item (a), carry on and complete the hearing or investigation and make an order or render a decision, as the case may be; and Section 25(8)(b)(i) in the case of item (a), carry on and complete the hearing or investigation and make an order or render a decision, as the case may be; and Section 25(8)(b)(ii) in the case of item (b), deal with such employee in such manner as it thinks appropriate having regard to the offence committed by him, including the completion of disciplinary proceedings making of an order or the rendering of a decision, as the case may be, as if such disciplinary proceedings have been commenced by the Authority. Section 25(8)(b)(iii) where on the vesting day, any penalty (other than dismissal) has been imposed on any employee of the former bodies pursuant to disciplinary proceedings against him and the penalty has not been, or remains to be, serviced by such employee, he shall on his transfer to the Authority under this Order serve or continue to serve such penalty to its full term as if it had been imposed by the former bodies.

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