Kenya Institute for Public Policy Research and Analysis Act

Section 1. Short title Section This Act may be cited as the Kenya Institute for Public Policy Research and Analysis Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Board of the Institute constituted under section 7 ; "Cabinet Secretary" means the Cabinet Secretary responsible for planning and national development. "Executive Director" means the chief executive officer appointed under section 12 ; "financial year" means the financial year of the Institute as provided for under section 19 ; "Institute" means the Kenya Institute for Public Policy Research and Analysis established under section 3 .

Section 3. Establishment of the Institute Section 3(1) There is established an Institute to be known as the Kenya Institute for Public Policy Research and Analysis. Section 3(2)(a) suing and being sued; Section 3(2)(b) purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing money; and Section 3(2)(d) doing or performing all other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done or performed by a body corporate. Section 3(3) The Institute shall be the successor to the Institute known as the Kenya Institute of Public Policy Research and Analysis existing immediately before the commencement of this Act, and subject to this Act, all rights, obligations, assets and liabilities of that Institute existing at the commencement of this Act shall be automatically and fully transferred to the Institute and any reference to the Kenya Institute of Public Policy Research and Analysis in any contract or document shall, for all purposes, be deemed to be a reference to the Institute established under subsection (1). Section 3(4) Spent.

Section 4. Headquarters Section The headquarters of the Institute shall be in Nairobi or such other place as may be determined by the Board and approved by the Cabinet Secretary.

Section 5. Object and purpose of the Institute Section The object and purpose for which the Institute is established is to develop human and institutional capacities which shall, by undertaking economic forecasting, policy analysis and research, contribute to the formulation of medium and long-term strategic perspective for the economic and social development of Kenya in accordance with the provisions of this Act.

Section 6. Functions of the Institute Section develop capacities in public policy research and analysis and to assist the Government in the process of policy formulation and implementation;

Section 7. Board of the Institute Section 7(1)(a) the Principal Secretary in the Ministry of Finance or his representative; Section 7(1)(b) the Principal Secretary in the Ministry for the time being responsible for planning and national development or his representative; Section 7(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to trade and industry or his representative; Section 7(1)(d) the Executive Director of the Institute; and Section 7(1)(e) two shall represent special interest groups; and Section 7(1)(e)(i) two shall represent special interest groups; and Section 7(1)(e)(ii) seven shall represent the business sector and the Universities and Research Institutes in Kenya, Section 7(2) The President shall appoint the Chairperson of the Board.

Section 8. Powers of the Board Section enter into contracts;

Section 9. Conduct of business and affairs of the Board Section 9(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the Second Schedule. Section 9(2) Except as provided in the Second Schedule, the Board may regulate its own procedure.

Section 10. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any officer, member of staff or agent of the Institute, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

Section 11. Remuneration of members of the Board Section The members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary, on the recommendation of the Board.

Section 12. The Executive Director Section 12(1) There shall be an Executive Director of the Institute who shall be recommended by the Board and appointed by the Cabinet Secretary. Section 12(2) The Executive Director shall hold office for a period of not more than five years, on such terms and conditions of employment as the Board may determine, and shall be eligible for re-appointment. Section 12(3) The Executive Director shall be an ex-officio member of the Board but shall have no right to vote at any meeting of the Board. Section 12(4) The Executive Director shall be the chief executive officer of the Institute and shall, subject to the direction of the Board, be responsible for the day to day management of the Institute. Section 12(5)(a) a doctorate degree in social sciences; Section 12(5)(b) quantitative economic analysis and public policy research; and Section 12(5)(b)(i) quantitative economic analysis and public policy research; and Section 12(5)(b)(ii) policy formulation and procedures of the Government; Section 12(5)(c) proven leadership ability in policy oriented research and analysis; and Section 12(5)(d) management experience in the areas of both personnel and budget c...

Section 13. Functions of the Executive Director Section 13(1) The Executive Director shall, in consultation with the Board, be responsible for the direction of the affairs and transactions of the Institute, the exercise, discharge and performance of its objectives, functions and duties, and the general administration of the Institute. Section 13(2)(a) be the Secretary of the Board; Section 13(2)(b) plan and co-ordinate the overall research programme of the Institute; Section 13(2)(c) identify emerging issues for public policy research and analysis and design appropriate work plans for carrying out such research and analysis; Section 13(2)(d) establish guidelines and schedules for regular updating of economic models based on available data and research methodology; Section 13(2)(e) establish procedures for effective communication and co-ordination with agencies of the Government, the Universities, other research bodies, donor agencies and the general public; Section 13(2)(f) authorise the submission of tenders for the award of contracts and sign any contracts on behalf of the Institute; Section 13(2)(g) prepare annual reports on the activities of the Institute; Section 13(2)(h) ensu...

Section 14. Staff, agents of the Institute Section The Board may appoint such officers, agents and other staff of the Institute as are necessary for the proper and efficient discharge of the functions of the Institute under this Act, upon such terms and conditions of service as the Board may determine.

Section 15. The common seal of the Institute Section 15(1) The common seal of the Institute shall be kept in the custody of the Executive Director or of such other person as the Board may direct, and shall not be used except upon the order of the Board. Section 15(2) The common seal of the Institute, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Board under this section shall be presumed to have been duly given. Section 15(3) The common seal of the Institute shall be authenticated by the signature of the Chairperson of the Board and the Executive Director: Provided that the Board shall, in the absence of either the Chairperson or the Executive Director, in any particular matter, nominate one member of the Board to authenticate the seal of the Institute on behalf of either the Chairperson or the Executive Director.

Section 16. Protection from personal liability Section 16(1) No matter or thing done by a member of the Board or by any officer, member of staff, or agent of the Institute shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Institute under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever. Section 16(2) Any expenses incurred by any person in any suit or prosecution brought against him in any court, in respect of any act which is done or purported to be done by him under the direction of the Institute, shall, if the court holds that such act was done bona fide, be paid out of the general funds of the Institute, unless such expenses are recovered by him in such suit or prosecution.

Section 17. Liability for damages Section The provisions of section 16 shall not relieve the Institute of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially, of any works.

Section 18. Funds of the Institute Section such moneys or assets as may accrue to or vest in the Institute in the course of the exercise of its powers or the performance of its functions under this Act;

Section 19. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 20. Annual estimates Section 20(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Institute for that financial year. Section 20(2)(a) the payment of the salaries, allowances and other charges in respect of the officers, members of staff, or agents of the Institute; Section 20(2)(b) the payment of the pensions, gratuities and other charges in respect of retirement benefits payable to the members of staff of the Institute; Section 20(2)(c) the proper maintenance of the buildings and grounds of the Institute; Section 20(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Institute; and Section 20(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Board may deem fit. Section 20(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submi...

Section 21. Accounts and audit Section 21(1) The Board shall cause to be kept proper books and other records of accounts of the income, expenditure, assets and liabilities of the Institute. Section 21(2)(a) a statement of income and expenditure during that financial year; and Section 21(2)(b) a statement of the assets and liabilities of the Institute on the last day of that financial year. Section 21(3) The accounts of the Institute shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 22. Investment of funds Section 22(1) The Board may invest any of the funds of the Institute in securities in which the Board may by law invest trust funds, or in any other securities which the National Treasury may, from time to time, approve. Section 22(2) The Board may place on deposit, with such bank or banks as the National Treasury may approve from time to time, any moneys not immediately required for the purposes of the Institute.

Section 23. Annual report Section 23(1) The Institute shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary, a report on the operations of the Institute for the immediately preceding financial year. Section 23(2)(a) the audited financial report of the Institute; and Section 23(2)(b) such other information as the Cabinet Secretary may direct. Section 23(3)(a) the performance of the economy of Kenya during the preceding financial year; and Section 23(3)(b) the economic prospects of Kenya for the next three financial years. Section 23(4) The Cabinet Secretary shall lay the reports specified in subsections (1) and (3) before the National Assembly as soon as is reasonably practicable after the National Assembly next sits after the Cabinet Secretary has received the report.

Section 24. Request for information Section 24(1) The Executive Director may, in writing, request any person to furnish the Institute with such information or to produce such documents or records as he deems necessary and relevant for the performance of the functions of the Institute. Section 24(2)(a) refuses or fails, without reasonable cause, to comply with a request under subsection (1) to furnish any information or to produce any documents or records; or Section 24(2)(b) in furnishing such information, makes a statement which he knows to be false,

Section 25. Board to keep information confidential Section 25(1) The Board shall keep information acquired by it confidential and shall disclose such information only to the extent it considers necessary for the proper performance of its functions. Section 25(2) The Board shall design ways and means of protecting the research findings of the Institute.

Section 26. Offences-improper disclosure of information Section 26(1) All officers, members of staff and agents of the Institute shall uphold and observe ethics. Section 26(2)(a) in the course of his duties under this Act; or Section 26(2)(b) with the written consent of the Board. Section 26(3) No person who receives information in contravention of subsection (2) shall disclose or publish the information. Section 26(4) A person who contravenes subsection (2) or (3) commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

Section 27. Exemptions Section Subject to other applicable laws, the Institute shall be exempted from such taxes, duties, fees, levy, cess or other charges as the Cabinet Secretary for the time being responsible for finance may by, notice in the Gazette , specify.

Section 28. Regulations Section The Cabinet Secretary may, on the recommendation of the Board, make regulations generally for the better carrying out of the provisions of this Act.