Brand Kenya Board Order

Section 3. Establishment of the Board Section 3(1) There is hereby established a state corporation to be known as the Brand Kenya Board, which shall be a body corporate in accordance with section 3 of the Act. Section 3(2)(a) a non-executive chairman appointed by the President; Section 3(2)(b) the Permanent Secretary of the Ministry for the time being responsible for information and communications; Section 3(2)(c) the Permanent Secretary of the Ministry for the time being responsible for finance; Section 3(2)(d) the Permanent Secretary of the Ministry for the time being responsible for trade and industry; Section 3(2)(e) the Permanent Secretary of the Ministry for the time being responsible for foreign affairs; Section 3(2)(f) the Permanent Secretary of the Ministry for the time being responsible for public service; Section 3(2)(g) the Permanent Secretary of the Ministry for the time being responsible for tourism; Section 3(2)(gg) the Permanent Secretary of the Ministry for the time being responsible for Nairobi Metropolitan Development; Section 3(2)(h) a chief executive officer appointed by the Minister; and Section 3(2)(i) at least seven persons appointed by the Minister by virtue of their knowledge or experience and past and current membership to professional organizations in matters relating to marketing, communication, or related fields. Section 3(3) The Minister shall, in appointing members under subparagraph (2)(i), have regard to the principle of gender equity. Section 3(4) Every appointment under subparagrapgh (2) (a) (h) and (i) shall be by name and notice in the Gazette , and shall be for a renewable period of three years. [ LN 119 of 2010 , r. 2.]

Section 4. Objectives of theBoard Section co-ordinate initiatives for marketing the country in order to maximize their efficiency; and

Section 5. Functions of theBoard Section establish a brand for Kenya which positions the country optimally in terms of investment, creditworthiness, tourism and international relations;

Section 6. Staff of theBoard Section The Board ("the Brand Kenya Board established under paragraph 3;") may employ such number of staff on such terms and conditions of service as the Board ("the Brand Kenya Board established under paragraph 3;") may deem fit.

Section 10. Investment of funds Section 10(1) The Board ("the Brand Kenya Board established under paragraph 3;") may invest any of its funds which are not immediately required for its purposes in such securities as the Treasury may, from time to time, approve. Section 10(2) The Board ("the Brand Kenya Board established under paragraph 3;") may place on deposit with such bank or banks as it may determine, any monies not immediately required for its purposes.

Section 7. Funds of theBoard Section such monies as may be appropriated by Parliament for purposes of the Board ("the Brand Kenya Board established under paragraph 3;") ;

Section 8. Annual estimates Section 8(1) At least three months before the commencement of each financial year ("a period of twelve months ending on the thirtieth June in each year; and") , the Board ("the Brand Kenya Board established under paragraph 3;") shall cause to be prepared estimates of its revenue and expenditure for that year. Section 8(2)(a) the payment of salaries, allowances and other charges in respect of the staff and members of the Board ("the Brand Kenya Board established under paragraph 3;") ; Section 8(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Board ("the Brand Kenya Board established under paragraph 3;") ; Section 8(2)(c) the proper maintenance of the buildings and grounds of the Board ("the Brand Kenya Board established under paragraph 3;") ; Section 8(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Board ("the Brand Kenya Board established under paragraph 3;") ; Section 8(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 Board ("the Brand Kenya Board established under paragraph 3;") may deem fit. Section 8(3) The annual estimates shall be submitted to the Minister ("the Minister for the time being responsible for matters relating to information and communications") for approval before the commencement of the financial year ("a period of twelve months ending on the thirtieth June in each year; and") to which they relate, and once approved, the sum provided in the estimates shall not be increased without the prior consent of the Minister ("the Minister for the time being responsible for matters relating to information and communications") . Section 8(4) No expenditure shall be incurred for the purposes of the Board ("the Brand Kenya Board established under paragraph 3;") except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of the authorization of the Board ("the Brand Kenya Board established under paragraph 3;") .

Section 9. Accounts and audit Section 9(1) The Board ("the Brand Kenya Board established under paragraph 3;") shall cause to be kept proper books and records of account of the income, expenditure, assets and liabilities of the Board ("the Brand Kenya Board established under paragraph 3;") . Section 9(2)(a) a statement of income and expenditure of the Board ("the Brand Kenya Board established under paragraph 3;") during that year; Section 9(2)(b) a statement of the assets and liabilities of the Board ("the Brand Kenya Board established under paragraph 3;") on the last day of the financial year ("a period of twelve months ending on the thirtieth June in each year; and") . Section 9(3) The accounts of the Board ("the Brand Kenya Board established under paragraph 3;") shall be audited by the Controller and Auditor-General in accordance with the provisions of the Public Audit Act, 2003 ( No. 12 of 2003 ), or by an auditor appointed by the Board with the written approval of the Controller and Auditor-General. Section 9(4) The appointment of an auditor appointed under subparagraph (3) shall not be terminated by the Board ("the Brand Kenya Board established under paragraph 3;") without prior written consent of the Controller and Auditor-General. Section 9(5) The Controller and Auditor-General may give general or special directions to an auditor appointed under subparagraph (3) and the auditor shall comply with those directions. Section 9(6) An auditor appointed under subparagraph (3) shall report directly to the Controller and Auditor-General on any matter relating to the directions given under subparagraph (5). Section 9(7) Within a period of six months after the end of each financial year ("a period of twelve months ending on the thirtieth June in each year; and") , the Controller and Auditor-General shall report on the examination and audit of the accounts to the Board ("the Brand Kenya Board established under paragraph 3;") and to the Minister ("the Minister for the time being responsible for matters relating to information and communications") , and in the case of an auditor appointed under subparagraph (3), the auditor shall transmit a copy of the report to the Controller and Auditor-General. Section 9(8) Nothing in this Order shall be construed to prohibit the Controller and Auditor-General from carrying out an inspection of the Board ("the Brand Kenya Board established under paragraph 3;") 's accounts or records whenever it appears to him desirable, and the Controller and Auditor-General shall carry out such an inspection at least once every six months. Section 9(9) The Minister ("the Minister for the time being responsible for matters relating to information and communications") shall lay the report prepared in accordance with subparagraph (7) before the National Assembly as soon as reasonably practicable after the report is submitted to him.

Section 11. Annual report Section 11(1) The Board ("the Brand Kenya Board established under paragraph 3;") shall, within three months after the end of each financial year ("a period of twelve months ending on the thirtieth June in each year; and") , prepare and submit to the Minister ("the Minister for the time being responsible for matters relating to information and communications") a report of the operations or the Board ("the Brand Kenya Board established under paragraph 3;") for the immediately preceding year. Section 11(2) The Minister ("the Minister for the time being responsible for matters relating to information and communications") shall lay the report submitted under subparagraph (1) before the National Assembly within three months of the day the Assembly next sits after the report is submitted to him.