Railway City Development Authority Order

This Order may be cited as the Railway City Development Authority Order, 2020.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 88 of 2020
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Order may be cited as the Railway City Development Authority Order, 2020. Defines terms used in the Order: "Area", "Authority", "Board", "Chief Executive Officer", "Corporation Secretary", and "Minister." This Order applies to the Area defined as "all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land;". The Authority must co-ordinate the development and re-development of the Area defined around Nairobi Central Railway Station in accordance with an approved master plan and other statutory planning documents. Section 10 lists grounds on which a chairperson or member may be removed from office and requires that, before removal, the chairperson or member be given a reasonable opportunity to make representations, adduce evidence and call witnesses.

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Provisions of Railway City Development Authority Order

Showing 31 of 31

Part I

—PRELIMINARY

1
—PRELIMINARY - 1. Citation

AI-assisted research summary: This Order may be cited as the Railway City Development Authority Order, 2020.

Section 1. Citation Section This Order may be cited as the Railway City Development Authority ("the Railway City Development Authority established under paragraph 5 (1);") Order, 2020.
2
—PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines terms used in the Order: "Area", "Authority", "Board", "Chief Executive Officer", "Corporation Secretary", and "Minister."

Section 2. Interpretation Section In this Order unless the context otherwise requires— "Area" means all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land; "Authority" means the Railway City Development Authority established under paragraph 5 (1); "Board" means the Railway City Development Authority ("the Railway City Development Authority established under paragraph 5 (1);") Board established under paragraph 7; "Chief Executive Officer" means the Chief Executive Officer appointed under paragraph 15 (1); "Corporation Secretary" means the Corporation Secretary to the Board ("the Railway City Development Authority Board established under paragraph 7;") appointed under paragraph 19; and "Minister" means the Cabinet Secretary for the time being responsible for matters relating to urban development.
3
—PRELIMINARY - 3. Application

AI-assisted research summary: This Order applies to the Area defined as "all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land;".

Section 3. Application Section This Order shall apply to the Area ("all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land;") .
4
—PRELIMINARY - 4. Purpose and object of theAuthority

AI-assisted research summary: The Authority must co-ordinate the development and re-development of the Area defined around Nairobi Central Railway Station in accordance with an approved master plan and other statutory planning documents.

Section 4. Purpose and object of theAuthority Section co-ordinate the development and re-development of the Area ("all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land;") in accordance with an approved master plan and any other statutory planning documents; and

Part II

ESTABLISHMENT OF THE AUTHORITY

10
ESTABLISHMENT OF THE AUTHORITY - 10. Removal from office

AI-assisted research summary: Section 10 lists grounds on which a chairperson or member may be removed from office and requires that, before removal, the chairperson or member be given a reasonable opportunity to make representations, adduce evidence and call witnesses.

Section 10. Removal from office Section 10(1)(a) if he or she is convicted of an offence for which the penalty is imprisonment for a term of at least six months; Section 10(1)(b) if he or she is found to have contravened any provision of the Constitution; Section 10(1)(c) for gross misconduct; Section 10(1)(d) is unable to perform the functions of the office due to incapacity occasioned by prolonged illness; Section 10(1)(e) is adjudged bankrupt by a court of competent jurisdiction; or Section 10(1)(f) is otherwise unwilling or unable to perform the functions of the office. Section 10(2) Before the chairperson or member appointed under paragraph 6 (h) is removed from office, he or she shall be given a reasonable opportunity to make representations, adduce evidence and call witnesses against the decision to remove him or her from office.
11
ESTABLISHMENT OF THE AUTHORITY - 11. Tenure

AI-assisted research summary: The chairperson and members of the Board appointed under paragraph 7(a) and (f) serve three-year terms and may be appointed for one additional term.

Section 11. Tenure Section The chairperson and members of the Board ("the Railway City Development Authority Board established under paragraph 7;") appointed under paragraph 7(a) and (f) shall serve for a term of three years and shall be eligible for appointment for one further term.
12
ESTABLISHMENT OF THE AUTHORITY - 12. Powers of theBoard

AI-assisted research summary: The Board has the power to open a bank account in a bank licensed by the Central Bank of Kenya for the Authority's funds.

Section 12. Powers of theBoard Section open a bank account in a bank licensed by the Central Bank of Kenya for the funds of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") ;
13
ESTABLISHMENT OF THE AUTHORITY - 13. Functions of theBoard

AI-assisted research summary: TheBoard must consider and approve the annual estimates of the Authority.

Section 13. Functions of theBoard Section consider and approve the annual estimates of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") ;
14
ESTABLISHMENT OF THE AUTHORITY - 14. Meetings of theBoard

AI-assisted research summary: The Board must have a quorum of two-thirds of its members; it may co-opt up to three persons who are not members for quorum or voting; decisions are by simple majority with the chair having a deciding vote; the Board may regulate its proceedings subject to the Order.

Section 14. Meetings of theBoard Section 14(1) The quorum for the meetings of the Board ("the Railway City Development Authority Board established under paragraph 7;") shall be two-thirds of the members. Section 14(2) The Board ("the Railway City Development Authority Board established under paragraph 7;") may co-opt, for such period as it may deem fit, not more than three persons whose assistance or advice it may require, but the persons so co-opted shall not be considered as members for the purpose of forming a quorum and shall not be entitled to vote at any meeting of the Board ("the Railway City Development Authority Board established under paragraph 7;") . Section 14(3) The decisions of the Board ("the Railway City Development Authority Board established under paragraph 7;") shall be by a simple majority of the members present and voting but the chairperson or the person acting as the chairperson shall have a deciding vote in the case of a tied vote. Section 14(4) Subject to this Order, the Board ("the Railway City Development Authority Board established under paragraph 7;") may regulate its own proceedings.
15
ESTABLISHMENT OF THE AUTHORITY - 15.Chief Executive Officer

AI-assisted research summary: The Minister must appoint a Chief Executive Officer in consultation with the Board; the Chief Executive Officer must hold office on terms determined by the Board with advice from the Salaries and Remuneration Commission.

Section 15.Chief Executive Officer Section 15(1) There shall be a Chief Executive Officer ("the Chief Executive Officer appointed under paragraph 15 (1);") of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") appointed by the Minister ("the Cabinet Secretary for the time being responsible for matters relating to urban development") in consultation with the Board ("the Railway City Development Authority Board established under paragraph 7;") . Section 15(2) The Chief Executive Officer ("the Chief Executive Officer appointed under paragraph 15 (1);") shall hold office on such terms as the Board ("the Railway City Development Authority Board established under paragraph 7;") may determine with the advice of the Salaries and Remuneration Commission.
16
ESTABLISHMENT OF THE AUTHORITY - 16. Qualifications of theChief Executive Officer

AI-assisted research summary: The Chief Executive Officer must be a Kenyan citizen.

Section 16. Qualifications of theChief Executive Officer Section is a Kenyan citizen;
17
ESTABLISHMENT OF THE AUTHORITY - 17. Functions of theChief Executive Officer

AI-assisted research summary: The Chief Executive Officer is assigned functions to oversee and co-ordinate the development, review and maintenance of a development plan for the Area.

Section 17. Functions of theChief Executive Officer Section oversee and co-ordinate the development, review and maintenance of a development plan for the Area ("all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land;") ;
18
ESTABLISHMENT OF THE AUTHORITY - 18.Corporation Secretary

AI-assisted research summary: There shall be a Corporation Secretary who shall be appointed by the Board in consultation with the Minister; the Corporation Secretary shall hold office on terms the Board may determine with advice from the Salaries and Remuneration Commission.

Section 18.Corporation Secretary Section 18(1) There shall be a Corporation Secretary ("the Corporation Secretary to the Board appointed under paragraph 19; and") who shall be appointed by the Board ("the Railway City Development Authority Board established under paragraph 7;") in consultation with the Minister ("the Cabinet Secretary for the time being responsible for matters relating to urban development") . Section 18(2) The Corporation Secretary ("the Corporation Secretary to the Board appointed under paragraph 19; and") shall hold office on such terms as the Board ("the Railway City Development Authority Board established under paragraph 7;") may determine with the advice of the Salaries and Remuneration Commission.
19
ESTABLISHMENT OF THE AUTHORITY - 19. Functions of theCorporation Secretary

AI-assisted research summary: The Corporation Secretary must, in consultation with the chairperson of the Board, issue notices for meetings of the Board.

Section 19. Functions of theCorporation Secretary Section in consultation with the chairperson of the Board ("the Railway City Development Authority Board established under paragraph 7;") , issue notices for the meetings of the Board ("the Railway City Development Authority Board established under paragraph 7;") ;
20
ESTABLISHMENT OF THE AUTHORITY - 20. Qualifications of theCorporation Secretary

AI-assisted research summary: The Corporation Secretary must possess the qualifications of a member in good standing of the Institute of Certified Public Secretaries of Kenya.

Section 20. Qualifications of theCorporation Secretary Section possesses the qualifications of a member in good standing of the Institute of Certified Public Secretaries of Kenya;
21
ESTABLISHMENT OF THE AUTHORITY - 21. Staff of theAuthority

AI-assisted research summary: The Board may appoint officers and staff for the Authority and may determine the terms of appointment on the advice of the Salaries and Remuneration Commission.

Section 21. Staff of theAuthority Section The Board ("the Railway City Development Authority Board established under paragraph 7;") may appoint other officers and staff for the Authority ("the Railway City Development Authority established under paragraph 5 (1);") as may be necessary to achieve the objects and purposes for which the Authority ("the Railway City Development Authority established under paragraph 5 (1);") is established upon such terms as may be determined by the Board ("the Railway City Development Authority Board established under paragraph 7;") on the advice of the Salaries and Remuneration Commission.
22
ESTABLISHMENT OF THE AUTHORITY - 22. Committees

AI-assisted research summary: The Board may establish committees made up of Board members to perform Board functions or similar purposes.

Section 22. Committees Section The Board ("the Railway City Development Authority Board established under paragraph 7;") may establish such committees comprising members of the Board ("the Railway City Development Authority Board established under paragraph 7;") for the purposes of performing any function of the Board ("the Railway City Development Authority Board established under paragraph 7;") or for some such similar purpose.
23
ESTABLISHMENT OF THE AUTHORITY - 23. Delegation

AI-assisted research summary: The Board may delegate any of its powers or functions to its committees or to the Chief Executive Officer.

Section 23. Delegation Section The Board ("the Railway City Development Authority Board established under paragraph 7;") may delegate the exercise of any of its powers or the performance of any of its functions to any of its committees or the Chief Executive Officer ("the Chief Executive Officer appointed under paragraph 15 (1);") .
24
ESTABLISHMENT OF THE AUTHORITY - 24. Common seal

AI-assisted research summary: The Board's common seal must be authenticated by the signatures of the Chairperson and the Chief Executive Officer, or by either the Chairperson or the Chief Executive Officer together with one authorised non-ex officio member; documents and Board decisions (except those required by law to be under seal) may be signed by specified officers or authorised persons.

Section 24. Common seal Section 24(1) The common seal of the Board ("the Railway City Development Authority Board established under paragraph 7;") shall be authenticated by the signature of the Chairperson and the Chief Executive Officer ("the Chief Executive Officer appointed under paragraph 15 (1);") , or by either the Chairperson or the Chief Executive Officer ("the Chief Executive Officer appointed under paragraph 15 (1);") , together with one member other than an ex officio member of the Board ("the Railway City Development Authority Board established under paragraph 7;") authorised in writing by the Board ("the Railway City Development Authority Board established under paragraph 7;") in that behalf. Section 24(2) Any document, other than a document which is required by any law to be under seal, made and any decision of the Board ("the Railway City Development Authority Board established under paragraph 7;") , may be signified under the hand of the Chairperson, or the Chief Executive Officer ("the Chief Executive Officer appointed under paragraph 15 (1);") or any other member of the Board ("the Railway City Development Authority Board established under paragraph 7;") or any other person authorised in writing by the Board ("the Railway City Development Authority Board established under paragraph 7;") in that behalf.
25
ESTABLISHMENT OF THE AUTHORITY - 25. Personal liability

AI-assisted research summary: Board members and other officers or employees of the Authority are not personally liable for acts done in good faith while exercising powers or performing functions under the Order; however the Board remains liable to pay compensation or damages to any person for injuries or property/interests harmed by the exercise of its powers or by failure of works.

Section 25. Personal liability Section 25(1) A Board ("the Railway City Development Authority Board established under paragraph 7;") member or any other member or officer, employee or servant of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") shall not be personally liable for an act which is dune or purported to be done in good faith by such person in the exercise of any power or performance of any function under this Order. Section 25(2) Notwithstanding subparagraph (1), nothing in this Order shall relieve the Board ("the Railway City Development Authority Board established under paragraph 7;") of the liability to pay compensation or damages to any person for an injury to him or her, his or her property or any of his or her interests caused by the exercise of the powers conferred on the Board ("the Railway City Development Authority Board established under paragraph 7;") by this Order or by any other written law or by the failure, whether wholly or partially, of any works.
26
ESTABLISHMENT OF THE AUTHORITY - 26. Fees and charges

AI-assisted research summary: The Railway City Development Authority Board may impose fees or charges on any person undertaking development in the specified Area.

Section 26. Fees and charges Section The Board ("the Railway City Development Authority Board established under paragraph 7;") may impose fees or charges on any person undertaking any development in the Area ("all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land;") .
5
ESTABLISHMENT OF THE AUTHORITY - 5. Establishment ofAuthority

AI-assisted research summary: Establishes the Railway City Development Authority and lists functions including suing and being sued; acquiring and disposing of property; borrowing or lending money; entering into contracts; and performing other acts necessary for its functions.

Section 5. Establishment ofAuthority Section 5(1) There shall be established an authority to be known as the Railway City Development Authority ("the Railway City Development Authority established under paragraph 5 (1);") . Section 5(2)(a) suing and being sued; Section 5(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 5(2)(c) borrowing or lending money; Section 5(2)(d) entering into contracts; and Section 5(2)(e) doing or performing such other things or acts necessary for the proper performance of the functions of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") under the Order and which may lawfully be done or performed by a body corporate.
6
ESTABLISHMENT OF THE AUTHORITY - 6. Headquarters ofAuthority

AI-assisted research summary: The Railway City Development Authority's headquarters shall be in Nairobi; it may establish other offices as necessary.

Section 6. Headquarters ofAuthority Section he headquarters of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") shall be in Nairobi but it may establish such other offices under its authority in any location as may be necessary for the performance of its functions.
7
ESTABLISHMENT OF THE AUTHORITY - 7.BoardofAuthority

AI-assisted research summary: The President appoints a non-executive chairperson by notice in the Gazette.

Section 7.BoardofAuthority Section a non-executive chairperson appointed by the President by notice in the Gazette ;
8
ESTABLISHMENT OF THE AUTHORITY - 8. Qualifications of chairperson and members

AI-assisted research summary: Chairperson and members are Kenyan citizens.

Section 8. Qualifications of chairperson and members Section is a Kenyan citizen;
9
ESTABLISHMENT OF THE AUTHORITY - 9. Vacancy

AI-assisted research summary: Section 9 (Vacancy): "Section dies;"

Section 9. Vacancy Section dies;

Part III

FINANCIAL PROVISIONS

27
FINANCIAL PROVISIONS - 27. Funds of theAuthority

AI-assisted research summary: The Authority's funds consist of moneys that Parliament may provide or allocate for the Authority's purposes.

Section 27. Funds of theAuthority Section such moneys as may be provided allocated by Parliament for the purposes of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") ;
28
FINANCIAL PROVISIONS - 28. Financial year

AI-assisted research summary: The Authority (the Railway City Development Authority established under paragraph 5 (1)) must have a financial year that is twelve months ending on 30 June each year.

Section 28. Financial year Section The financial year of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") shall be the period of twelve months ending on the thirtieth June in each year.
29
FINANCIAL PROVISIONS - 29. Annual estimates

AI-assisted research summary: Section 29 requires annual estimates of the Authority's revenue and expenditure to be submitted for approval and lists permitted uses of those estimates, including creating reserve funds which the Board may consider necessary.

Section 29. Annual estimates Section 29(1) The estimates of revenue and expenditure of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") should be submitted to the National Treasury on or before 31st January each year for the succeeding year for consideration and approval. Section 29(2)(a) the payment of the salaries, allowances and other charges in respect of the members of the Board ("the Railway City Development Authority Board established under paragraph 7;") end the staff of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") ; Section 29(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") ; Section 29(2)(c) the proper maintenance of the buildings and ground of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") ; Section 29(2)(d) the proper maintenance of the public spaces and public facilities of the Area ("all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land;") ; Section 29(2)(e) the proper maintenance, repair and replacement of the equipment and other movable property of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") ; and Section 29(2)(f) the creation of such 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 Railway City Development Authority Board established under paragraph 7;") may consider necessary. Section 29(3) The annual estimates shall be submitted to the Board ("the Railway City Development Authority Board established under paragraph 7;") for approval before the commencement of the financial year to which they relate: Provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Board ("the Railway City Development Authority Board established under paragraph 7;") . Section 29(4) No expenditure shall be incurred for the purposes of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of an authorization by the Board ("the Railway City Development Authority Board established under paragraph 7;") .
30
FINANCIAL PROVISIONS - 30. Accounts and audit

AI-assisted research summary: The Board must keep proper books and records of the Authority's income, expenditure, assets and liabilities; the Auditor General must submit the audited financial statement to Parliament with copies to the National Treasury and the Controller of Budget.

Section 30. Accounts and audit Section 30(1) The Board ("the Railway City Development Authority Board established under paragraph 7;") shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") . Section 30(2)(a) a statement of income and expenditure during that year; and Section 30(2)(b) a statement of the assets and liabilities of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") on the last day of the financial year. Section 30(3) The accounts of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") shall be audited in accordance with the Public Audit Act, 2015 ( No. 34 of 2015 ). Section 30(4) The Auditor General shall submit the audited financial statement to Parliament with a copy to the National Treasury and the Controller of Budget.
31
FINANCIAL PROVISIONS - 31. Investment of funds

AI-assisted research summary: The Board may invest funds not immediately required in approved securities or place them on deposit with approved banks, subject to Cabinet Secretary approval.

Section 31. Investment of funds Section 31(1) The Board ("the Railway City Development Authority Board established under paragraph 7;") may invest any of the funds of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") which are not immediately required for its purposes in such securities as the Cabinet Secretary responsible for matters relating to finance may approve. Section 31(2) The Board ("the Railway City Development Authority Board established under paragraph 7;") may place on deposit with such bank or banks licensed by the Central Bank of Kenya as shall be approved by the Cabinet Secretary responsible for matters relating to finance any money not immediately required for the purposes of the Authority ("the Railway City Development Authority established under paragraph 5 (1);") .

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