Regional Centre on Groundwater Resources Education,Training and Research in Eastern Africa Order

Establishes the Regional Centre on Groundwater Resources Education, Training and Research in Eastern Africa.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 252 of 2015
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

Establishes the Regional Centre on Groundwater Resources Education, Training and Research in Eastern Africa. The Centre initiates and conducts research in mapping and assessing aquifer systems. Lists who composes the Board and who appoints them, and allows certain designations and programme-specific representatives. Section 6 lists the powers of the Centre, including managing assets, determining financial provisions, receiving funds, associating with other bodies, opening bank accounts, approving work-plans and holding intellectual property and partnerships. The Board may establish committees it considers appropriate and may co-opt people into its membership to assist with particular matters.

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Provisions of Regional Centre on Groundwater Resources Education,Training and Research in Eastern Africa Order

Showing 20 of 20

Part II

ESTABLISHMENT AND FUNCTIONS OF THE CENTRE

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ESTABLISHMENT AND FUNCTIONS OF THE CENTRE - 3. Establishment of the Centre

AI-assisted research summary: Establishes the Regional Centre on Groundwater Resources Education, Training and Research in Eastern Africa.

Section 3. Establishment of the Centre Section 3(1) There is hereby established a Centre to be known as the Regional Centre on Groundwater Resources Education, Training and Research in Eastern Africa. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and Section 3(2)(c) doing or performing such other things or acts necessary for the proper performance of its functions which may lawfully be done by a body corporate.
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ESTABLISHMENT AND FUNCTIONS OF THE CENTRE - 4. Functions of the Centre

AI-assisted research summary: The Centre initiates and conducts research in mapping and assessing aquifer systems.

Section 4. Functions of the Centre Section initiate and conduct research in mapping and assessment of aquifer systems;
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ESTABLISHMENT AND FUNCTIONS OF THE CENTRE - 5. Composition of the Board

AI-assisted research summary: Lists who composes the Board and who appoints them, and allows certain designations and programme-specific representatives.

Section 5. Composition of the Board Section 5(1)(a) a Chairperson, appointed by the President; Section 5(1)(b) the Principal Secretary in the Ministry responsible for education; Section 5(1)(c) the Principal Secretary in the Ministry responsible for water; Section 5(1)(d) the Principal Secretary in the National Treasury; Section 5(1)(e) the Director of the Kenya Water Institute; Section 5(1)(f) not more than three other members, not being employees of the Centre and of whom not more than two shall be public officers, appointed by the Cabinet Secretary; and Section 5(1)(g) the Director of the Centre, who shall be the Secretary. Section 5(2) Despite the provisions of subsection (1), the Cabinet Secretary may appoint a representative of a partner supporting any programme at a meeting of the Board specifically for matters relating to the programme supported by the partner. Section 5(3) The persons appointed under paragraphs (1)(f) and (2) shall be appointed by the Cabinet Secretary and the Cabinet Secretary shall, in appointing such members have regard to the principle of gender equity. Section 5(4) The members of the Board appointed under paragraphs (1)(b), (c) and (d) may designate a person to attend and participate in a meeting of the Board.
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ESTABLISHMENT AND FUNCTIONS OF THE CENTRE - 6. Powers of the Centre

AI-assisted research summary: Section 6 lists the powers of the Centre, including managing assets, determining financial provisions, receiving funds, associating with other bodies, opening bank accounts, approving work-plans and holding intellectual property and partnerships.

Section 6. Powers of the Centre Section 6(1)(a) manage, supervise and administer the assets of the Centre in such a manner as best promotes the purpose for which the Centre is established; Section 6(1)(b) determine the provisions to be made for capital, recurrent expenditure and for reserves of the Centre; Section 6(1)(c) receive any grants, gifts, donations or endowments on behalf of the Centre and make legitimate disbursements therefrom; Section 6(1)(d) enter into association with such other bodies or organizations within or outside Kenya as the Board may consider desirable or appropriate and in furtherance of the purpose for which the Centre is established: Section 6(1)(e) open a bank account or bank accounts for the Funds of the Centre; Section 6(1)(f) approve the annual work-plan including the short and long term programs of the Centre; and Section 6(1)(g) perform any other function that enhances or adds value to the proper performance of the Centre. Section 6(2)(a) create, develop, apply for and hold intellectual property rights and enter into agreements or arrangements for their commercial exploitation or otherwise as the Board may consider appropriate; Section 6(2)(b) enter into partnerships with other similar institutions or professional organizations, whether within or outside Kenya; and Section 6(2)(c) do any other thing which is necessary or convenient to be done in connection with or the incidental to its functions.

Part III

THE BOARD OF THE CENTRE

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THE BOARD OF THE CENTRE - 10. Committees of the Board

AI-assisted research summary: The Board may establish committees it considers appropriate and may co-opt people into its membership to assist with particular matters.

Section 10. Committees of the Board Section 10(1) The Board may establish such committees as it may consider appropriate. Section 10(2)(a) research committee; and Section 10(2)(b) training committee. Section 10(3) The Board may from time to time co-opt into its membership one or more persons to assist it in any particular matter for the time being before the Board.
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THE BOARD OF THE CENTRE - 11. Delegation by Board

AI-assisted research summary: The Board may, by resolution (generally or in a particular case), delegate to a committee or to a member, officer, employee or agent of the Centre the exercise of any of its powers or the performance of any of its functions or duties.

Section 11. Delegation by Board Section The Board may, by resolution either generally or in any particular case delegate any committee of the Board or to any member, officer, employee or agent of the Centre, the exercise of any of the powers or the performance of any of its functions or duties.
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THE BOARD OF THE CENTRE - 12. Vacancy in the Board

AI-assisted research summary: Lists circumstances that create a vacancy in the Board, describes how a member may give resignation notice, and authorizes the President or Cabinet Secretary to appoint a replacement.

Section 12. Vacancy in the Board Section 12(1)(a) a member resigns by giving notice in writing to the Chairperson, to the President, and in the case of any other member to the Cabinet Secretary, which notice shall take effect on the date specified therein, and, where no date is specified, on the date of receipt of the notice by the President of the Cabinet Secretary, as the case may be; Section 12(1)(b) becomes insolvent or enters into a composition or scheme of arrangement for the benefit of his creditors; Section 12(1)(b)(i) becomes insolvent or enters into a composition or scheme of arrangement for the benefit of his creditors; Section 12(1)(b)(ii) is convicted of any offence by a court of competent jurisdiction; Section 12(1)(b)(iii) is incapacitated by reason of infirmity of body or mind; Section 12(1)(b)(iv) is absent from three consecutive meetings of the Board without the leave of the Chairperson; or Section 12(1)(b)(v) is otherwise unable or unfit to discharge the functions of the Board. Section 12(2) Where the office of the Chairperson or a member of the Board becomes vacant under this paragraph, the President or the Cabinet Secretary as the case may be, may appoint another person as a replacement of the person vacating office.
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THE BOARD OF THE CENTRE - 13. Meetings

AI-assisted research summary: The Board must hold at least four meetings each financial year and no more than four months may pass between consecutive meetings.

Section 13. Meetings Section The Board shall not meet less than four times in every financial year and not more than four months shall lapse between the date of one meeting and the date of the next meeting.
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THE BOARD OF THE CENTRE - 14. Remuneration

AI-assisted research summary: Members of the Board must be paid remuneration or allowances, to be determined by the Board with the approval of the Cabinet Secretary.

Section 14. Remuneration Section The members of the Board shall be paid such remuneration or allowances as the Board may, with the approval of the Cabinet Secretary determine.
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THE BOARD OF THE CENTRE - 15. Appointment of staff

AI-assisted research summary: The Board may employ staff, engage consultants or experts, or approve secondments when necessary for performing its functions, subject to terms approved by the Cabinet Secretary.

Section 15. Appointment of staff Section The Board may employ such staff or engage such consultants or experts or approve such secondment as may be necessary for the proper performance of its functions, on such terms and conditions as may be approved by the Cabinet Secretary.
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THE BOARD OF THE CENTRE - 16. Protection from liability

AI-assisted research summary: Members of the Board, and its officers, employees, agents or any person acting on the Board's directions, are exempt from personal liability for acts done bona fide in executing the Board's functions, powers or duties.

Section 16. Protection from liability Section Nothing done by a member of the Board or any officer, employee or agent of the Board shall if it is done bona fide for executing the functions, powers or duties of the Board, render the member, officer, employee or agent or any person acting on the directions of the Board personally liable to any action, claim or demand whatsoever.
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THE BOARD OF THE CENTRE - 7. Qualifications for appointment

AI-assisted research summary: The Chairperson must hold a postgraduate degree in a water-related field from a recognized university and have at least five years' experience in water science.

Section 7. Qualifications for appointment Section in the case of the Chairperson, holds a post graduate degree in Water related field from a university recognized and has at least five years experience in the matters related to water science: and
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THE BOARD OF THE CENTRE - 8. Term of office

AI-assisted research summary: The Chairperson and members of the Board hold office for three years and are eligible for re-appointment for one further term.

Section 8. Term of office Section Subject to the provisions of this Order, the Chairperson and members of the Board shall hold office for a term of three years and shall be eligible for re-appointment for one further term.
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THE BOARD OF THE CENTRE - 9. Director

AI-assisted research summary: The Cabinet Secretary must appoint a Director of the Centre on the Board's recommendation; the Director is the Centre's chief executive and must manage day-to-day affairs and meet stated qualifications.

Section 9. Director Section 9(1) There shall be a Director of the Centre who shall be appointed by the Cabinet Secretary on recommendation by the Board and on such terms and conditions as may be specified in the instrument of appointment. Section 9(2) The Director shall be the chief executive officer of the Centre and shall be responsible to the Board for the day-to-day management of the affairs of the Centre. Section 9(3)(a) has at least a masters degree in water science, preferably hydrology, water engineering and hydrogeology; and Section 9(3)(b) has at least five years experience in management.

Part IV

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 17. Funds of the Centre

AI-assisted research summary: The Centre's funds are such sums as may be appropriated by Parliament for the purposes of the Centre.

Section 17. Funds of the Centre Section such sums as may be appropriated by Parliament for the purposes of the Centre;
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FINANCIAL PROVISIONS - 18. Financial year

AI-assisted research summary: The Centre's financial year is twelve months ending on 30 June each year.

Section 18. Financial year Section The financial year of the Centre shall be the period of twelve months ending on the thirtieth day of June in every year.
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FINANCIAL PROVISIONS - 19. Annual estimates

AI-assisted research summary: The Board must prepare annual revenue and expenditure estimates at least four months before each financial year, approve them at least two months before the year starts, and submit them to the Cabinet Secretary for approval.

Section 19. Annual estimates Section 19(1) At least four months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Centre for that year. Section 19(2)(a) the payment of the salaries, allowances and other charges in respect of the Board and staff of the Centre; Section 19(2)(b) provision of funds for the functions of the Centre; Section 19(2)(c) the payment of pensions, gratuities and other charges in respect of the staff of the Centre; and Section 19(2)(d) the proper maintenance of the buildings and ground of the Centre; Section 19(3) The annual estimates shall be approved by the Board at least two months before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.
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FINANCIAL PROVISIONS - 20. Books of accounts

AI-assisted research summary: The Board must ensure proper books and records of accounts are kept for the Centre's income and expenditure, assets and liabilities.

Section 20. Books of accounts Section The Board shall cause to be kept proper books and records of accounts of all the income and expenditure, assets and liabilities of the Centre.
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FINANCIAL PROVISIONS - 21. Audit

AI-assisted research summary: The Board must ensure proper accounting of money received, that payments from its funds are correctly made and authorized, and that adequate control is maintained over its assets and liabilities.

Section 21. Audit Section 21(1) The Board shall ensure that all money received is properly brought to account, all payments out of its funds are correctly made and properly authorized and that adequate control is maintained over its assets and liabilities. Section 21(2) The accounts of the Centre shall be audited in accordance with the Public Audit Act (Cap. 412B).
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FINANCIAL PROVISIONS - 22. Investment of funds

AI-assisted research summary: The Board may invest the Centre's funds in authorized securities with approval by the Cabinet Secretary of National Treasury, and may deposit monies not immediately required with banks subject to approval of the National Treasury.

Section 22. Investment of funds Section 22(1) The Board may from time to time invest any of the funds of the Centre in any securities in which trust funds are authorized by law subject to approval by the Cabinet Secretary of National Treasury. Section 22(2) The Board may, subject to the approval of the National Treasury, place on deposit with such bank or banks as the Board may determine, any monies not immediately required for the purposes of the Centre.

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