Kenya National Commission for UNESCO Act

Section 1. Short title Section This Act may be cited as the Kenya National Commission for UNESCO Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— “Board” means the Board of the Commission established under section 6 ; “Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to education and training; “Commission” means the Kenya National Commission for UNESCO established under section 3 ; “Expert” means a professional with specialised competence in any one of the areas of UNESCO programmes; “member” means a member of the Board of the Commission; “Programme” means an area of competence of UNESCO; “Secretary-General” means the Secretary-General of the Kenya National Commission for UNESCO appointed under section 17 ; “staff” means the staff of the Commission; “UNESCO” means United Nations Educational Scientific and Cultural Organisation; “UNESCO Programmes” means the five UNESCO areas of competence and includes Education, Natural Sciences, Social and Human Sciences, Culture, and Communication and Information. Section 2(2) Spent

Section 3. Establishment of the Commission Section 3(1) There is established a Commission to be known as the Kenya National Commission for UNESCO. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, borrowing, holding, charging or disposing of movable and immovable property; and Section 3(2)(c) doing or performing all such other things or acts necessary for the proper performance of its functions which may lawfully be done by a body corporate. Section 3(3) The Commission shall be the successor of the Department of the Kenya National Commission for UNESCO existing under the Ministry of Education immediately before the commencement of this Act. Section 3(4) The headquarters of the Commission shall be in Nairobi.

Section 4. Functions of the Commission Section ensure permanent presence of UNESCO in Kenya;

Section 5. Powers of the Commission Section 5(1) The Commission shall have all powers generally for the performance of its functions under this Act and any other written law. Section 5(2)(a) receive, keep custody and disseminate intellectual information in UNESCO areas of competence; Section 5(2)(b) disseminate information on and recommend candidates for UNESCO prizes, awards, fellowships and study grants; Section 5(2)(c) recommend experts to participate in various international forums; Section 5(2)(d) enter into arrangements with institutions, professional organizations, and individuals dealing in UNESCO areas of competence within or outside Kenya; and Section 5(2)(e) mobilize and receive funds for programme implementation.

Section 6. Establishment of the Board Section 6(1)(a) a Chairperson who shall be appointed by the President; Section 6(1)(b) the Principal Secretary responsible for education and training; Section 6(1)(c) the Principal Secretary responsible for culture; Section 6(1)(d) the Principal Secretary responsible for gender, youth, children and social development; Section 6(1)(e) the Principal Secretary responsible for information and technology; Section 6(1)(f) the Principal Secretary to the National Treasury; Section 6(1)(g) three members comprising representatives of the organizations specified in the First Schedule and appointed by the Cabinet Secretary from amongst three persons nominated by the organizations. Section 6(2) The membership of the Board shall be such as to ensure that not more than two-thirds will be of the same gender and reflects the regional and ethnic diversity of the people of Kenya. Section 6(3) The Secretary-General of the Commission shall be the Secretary to the Board. Section 6(4) The members referred to in subsections (1)(b), (c), (d), (e) and (f) may, in writing, designate a senior officer, not below the level of a Deputy Secretary, to represent them in the Boa...

Section 7. Qualifications for appointment Section 7(1)(a) in the case of the chairperson, holds a masters degree from a recognized university and at least ten years experience in matters related to education, science, culture, or communication and information; and Section 7(1)(b) in the case of a member, except a member referred to under section 6 (2)(b), (c), (d), (e) and (f) holds a degree from a university recognized in Kenya. Section 7(2)(a) education; Section 7(2)(b) science, technology and innovation; Section 7(2)(c) economics or finance; Section 7(2)(d) culture; Section 7(2)(e) communication and information; Section 7(2)(f) law; Section 7(2)(g) public administration; or Section 7(2)(h) any other relevant field. Section 7(3)(a) is a State officer; Section 7(3)(b) is declared to be of unsound mind; Section 7(3)(c) is undischarged bankrupt; or Section 7(3)(d) has been found in accordance with any law to have misused or abused a public office or in any way to have contravened Chapter Six of the Constitution.

Section 8. Procedure of appointment of the Chairperson and members of the Board Section 8(1) Whenever a vacancy occurs in the office of the chairperson of the Board, the Cabinet Secretary shall, within fourteen days of notification of the vacancy, convene a selection panel for purpose of selecting a suitable person for appointment as chairperson of the Board. Section 8(2) The Cabinet Secretary shall forward the names of three persons to the President for the appointment of one person to be the chairperson of the Board.

Section 9. Vacancy in office Section 9(1)(a) if the member resigns by giving notice in writing, in the case of 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 or the Cabinet Secretary; Section 9(1)(b) if the appointment is revoked by the President or Cabinet Secretary; Section 9(1)(c) is adjudged bankrupt or enters into a scheme of arrangement for the benefit of his or her creditors; Section 9(1)(c)(i) is adjudged bankrupt or enters into a scheme of arrangement for the benefit of his or her creditors; Section 9(1)(c)(ii) is convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a period exceeding six months without the option of a fine; Section 9(1)(c)(iii) is incapacitated by reason of infirmity of body or mind; Section 9(1)(c)(iv) is absent from three consecutive meetings of the Board without the leave of the chairperson; Section 9(1)(c)(v) is otherwise unable or unfit to discharge the functions of the Board; or Section 9(1)(c)(vi) dies. Section...

Section 10. Filling of vacancy Section in the case of the chairperson, forward three names of persons qualified for appointment to the President; and

Section 11. Term of office of Board members Section Subject to the provisions of this Act, the chairperson and members of the Board shall hold office for a term of four years and shall be eligible for re-appointment for one further and final term.

Section 12. General powers of the Board Section manage, supervise and administer the assets of the Commission in such a manner as best promotes the purpose for which the Commission is established;

Section 13. Committees of the Board Section 13(1)(a) to inquire into and advise the Board on any matter concerning the functions of the Commission, as the Board may from time to time refer to the committee; and Section 13(1)(b) to exercise the powers or perform functions of the Commission, as the Board may delegate or refer to the committee. Section 13(2) A committee appointed under subsection (1) shall consist of a chairperson and other persons, whether members of the Board or not, as the Board may determine. Section 13(3) The Board may require a committee appointed under this section to act jointly or in co-operation with any other committee of the Commission.

Section 14. Delegation by Board Section The Board may, by resolution either generally or in any particular case delegate to any committee of the Board or to any member, officer, employee or agent of the Commission, the exercise of any of the powers or the performance of any of its functions or duties.

Section 15. Procedures of the Board Section 15(1) The business and affairs of the Board shall be conducted in accordance with the Second Schedule. Section 15(2) Except as provided in the Second Schedule, the Board may regulate its own procedure.

Section 16. Decisions of the Board Section Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present and voting, and in the case of an equality of votes, the chairperson or the person presiding shall have a casting vote.

Section 17. Secretary-General of the Commission Section 17(1) There shall be a Secretary-General of the Commission who shall be appointed by the Cabinet Secretary in consultation with the Board and on terms and conditions specified in the instrument of appointment. Section 17(2)(a) is a citizen of Kenya; Section 17(2)(b) holds at least a masters degree from a university recognized in Kenya in UNESCO’s areas of competence or related field; Section 17(2)(c) has at least ten years experience at management level; and Section 17(2)(d) meets the requirements of Chapter Six of the Constitution. Section 17(3)(a) the day-to-day operations of the Commission; Section 17(3)(b) the management of the funds of the Commission; Section 17(3)(c) the administration and management of the property of the Commission; and Section 17(3)(d) the supervision and control of the officers and other staff of the Commission.

Section 18. Term of office of the Secretary-General Section Subject to the provisions of this Act, the Secretary-General shall hold office for a term of five years and shall be eligible for re-appointment for further terms as may be determined by the Board.

Section 19. Removal of Secretary-General Section 19(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 19(1)(b) gross misconduct or misbehaviour; Section 19(1)(c) incompetence or neglect of duty; Section 19(1)(d) violation of the Constitution; or Section 19(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 19(2)(a) not less than thirty days’ notice of the allegations made against her or him; and Section 19(2)(b) an opportunity to present a defence against the allegations raised.

Section 20. Secretariat of the Commission Section The Commission shall have a secretariat which shall be responsible for the day-to-day operations of the Commission and implementing the decisions of the Commission.

Section 21. Deputy Secretary-General Section 21(1) There shall be two Deputy Secretaries-General to the Commission who shall be appointed by the Cabinet Secretary in consultation with the Board, on terms and conditions specified in the instrument of appointment. Section 21(2) A Deputy Secretary-General shall, in the performance of his or her duties, be responsible to the Secretary-General.

Section 22. Other staff of the Commission Section 22(1) The Board may, on the advice of the Secretary-General, recruit other staff of the Commission through a competitive, fair and open process as may be necessary for the proper and efficient performance of the functions of the Commission. Section 22(2) The staff appointed under this section shall hold office on such terms and conditions as may be determined by the Board and specified in their instruments of appointment. Section 22(3) The Board shall regulate the manner of appointment, terms and conditions of service and the discipline of the staff appointed under this section.

Section 23. Consultants Section The Commission may, with the approval of the Cabinet Secretary, engage on contract, a person who may be necessary for the purposes of carrying out specialized work for the Commission.

Section 24. Remuneration of Consultants Section There shall be paid to the consultants appointed to the Commission under section 23 , such fees and allowances as the Board shall determine.

Section 25. Establishment of Kenya Permanent Delegation to UNESCO Section 25(1) There is established an office to be known as Kenya Permanent Delegation to UNESCO in this Act referred to as Kenya UNESCO office. Section 25(2) The Kenya UNESCO office shall be the Permanent Delegation for the representation of Kenya at the UNESCO headquarters and shall liaise with the Kenya National Commission for UNESCO.

Section 26. Head of Permanent Delegation to UNESCO Section The Kenya UNESCO office shall be headed by an Ambassador appointed by the President on the recommendations of the Cabinet Secretary.

Section 27. Appointment of staff to the Kenya UNESCO office Section The Cabinet Secretary shall in consultation with the Board, appoint qualified persons as staff to the Kenya UNESCO office as may be necessary for the proper and efficient discharge of the functions of the Commission under this Act.

Section 28.[Deleted by ActNo. 18 of 2014, Sch.]

Section 29.[Deleted by ActNo. 18 of 2014, Sch.]

Section 30.[Deleted by ActNo. 18 of 2014, Sch.]

Section 31. Constitution of Commission Programmes and Expert Committees Section 31(1)(a) education; Section 31(1)(b) natural science; Section 31(1)(c) social and human science; Section 31(1)(d) culture; Section 31(1)(e) communication and information; and Section 31(1)(f) such other committees as it may consider appropriate for the performance of its functions. Section 31(2) Each of the committees specified in subsection (1) shall have a programme officer who shall be the secretary to the Committee and the expert committee established under section 31 .

Section 32. Composition and functions of the Education Committee Section 32(1) The Education Committee shall consist of not fewer than thirteen and not more than nineteen members appointed by the Board. Section 32(2) The Director-General responsible for education will be the Chairperson of the Committee. Section 32(3)(a) the Ministry responsible for education and training; Section 32(3)(b) the Teachers Service Commission; Section 32(3)(c) the Kenya Institute of Curriculum Development; Section 32(3)(d) an institution mandated by law to train teachers for special needs education; Section 32(3)(e) the schools of education in a public and a private university respectively; Section 32(3)(f) the Commission for University Education; Section 32(3)(g) Kenya Education Management Institute; Section 32(3)(h) Kenya National Examinations Council; Section 32(3)(i) Directorate of Basic Education; Section 32(3)(j) Directorate of Adult and Continuing Education; Section 32(3)(k) Directorate of Quality Assurance; Section 32(3)(l) not more than four co-opted members from Government ministries that deal with education and training. Section 32(4)(a) implement education programmes and activities in accord...

Section 33. Composition and functions of the Natural Science Committee Section 33(1) The Natural Science Committee shall consist of not fewer than eleven and not more than seventeen members appointed by the Board. Section 33(2) The Director of Government Agency responsible for Science, Technology and Innovation will be the Chair of the Committee. Section 33(3)(a) the State Department responsible for matters relating to science, technology and innovation; Section 33(3)(b) the ministry responsible for forestry and wildlife; Section 33(3)(c) the national council for science and technology; Section 33(3)(d) the Kenya Wildlife Service; Section 33(3)(e) the National Museums of Kenya; Section 33(3)(f) the Kenya Marine and Fisheries Research Institute; Section 33(3)(g) the Science and Technology departments in a public and a private university respectively; Section 33(3)(h) the Commission for Higher Education; Section 33(3)(i) not more than four co-opted members from Government ministries that deal with Science, Technology and Innovation. Section 33(4)(a) implement science programmes and activities in accordance with UNESCO requirements; Section 33(4)(b) co-ordinate all UNESCO Science Prog...

Section 34. Composition and functions of the Social and Human Science Committee Section 34(1) The Committee shall consist of not fewer than eleven and not more than seventeen members appointed by the Board. Section 34(2) The Director of Government Agency responsible for programmes related to Social and Human Science will be the Chairperson of the Committee. Section 34(3)(a) the Ministry responsible for youth affairs and sports; Section 34(3)(b) the Ministry responsible for matters relating to gender, children and social development; Section 34(3)(c) the Ministry responsible for Justice and Constitutional Affairs; Section 34(3)(d) the departments of ethics of science, philosophy, in universities respectively; Section 34(3)(e) not more than four co-opted members. Section 34(4)(a) implement Social and Human Science Programmes and activities according to UNESCO requirements; Section 34(4)(b) co-ordinate all UNESCO Social and Human Science Programmes and activities; Section 34(4)(c) follow up of recommendations of the International Conferences on Social and Human Science; Section 34(4)(d) co-ordinate development and implementation of projects proposals in Social and Human Science; Secti...

Section 35. Composition and functions of the Culture Committee Section 35(1) The Committee shall consist of not fewer than eleven and not more than seventeen members appointed by the Board. Section 35(2) The Director of the Government Agency responsible for culture will be the Chairperson of the Committee. Section 35(3)(a) the National Museums of Kenya; Section 35(3)(b) the Kenya Wildlife Service; Section 35(3)(c) the Office of the Attorney-General; Section 35(3)(d) the National Book Development Council; Section 35(3)(e) the Directorate of quality assurance and standards; Section 35(3)(f) the national archives; Section 35(3)(g) the departments of culture and languages in universities respectively; and Section 35(3)(h) not more than four co-opted members from State Agencies that deal with culture. Section 35(4)(a) implement cultural programmes and activities in accordance with UNESCO requirements; Section 35(4)(b) co-ordinate all UNESCO cultural programmes and activities; Section 35(4)(c) implement the recommendations of the international conferences on culture; Section 35(4)(d) co-ordinate development and implement approved projects proposals in culture programme; Section 35(4)(e)...

Section 36. Composition and functions of the Communication and Information Committee Section 36(1) The Committee shall consist of not fewer than eleven and not more than seventeen members appointed by the Board. Section 36(2) The Information Secretary shall be the Chairperson of the Committee. Section 36(3)(a) the Media Council of Kenya; Section 36(3)(b) the National Archives; Section 36(3)(c) the National Library Service; Section 36(3)(d) the Kenya Institute of Mass Communication; Section 36(3)(e) the departments of Communication and Information in public and private universities respectively; Section 36(3)(f) Not more than four co-opted members from State Agencies that deal with Communication and Information. Section 36(4)(a) implement communication and information programmes and activities in accordance with UNESCO requirements; Section 36(4)(b) co-ordinate all UNESCO Communication and Information Programmes and activities; Section 36(4)(c) follow up of recommendations of the International Conferences on Communication and Information; Section 36(4)(d) co-ordinate development and implement approved projects proposals in Communication and Information programme; Section 36(4)(e) li...

Section 37. Remuneration of Programme and Expert Committee Members Section There shall be paid to the members of Programme and Expert committees appointed under this Act, such allowances as the Board shall determine.

Section 38. Funds of the Commission. Section monies allocated by Parliament for the purposes of the Commission;

Section 39. Financial year Section The financial year of the Commission shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 40. Annual estimates Section 40(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 Commission for that year. Section 40(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Commission; Section 40(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Commission; and Section 40(2)(c) the proper maintenance of the buildings and grounds of the Commission. Section 40(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.

Section 41. Books of accounts and audit Section 41(1) The Board shall cause to be kept proper books of accounts of all the income and expenditure, assets and liabilities, undertakings, funds, activities, contracts, transactions and other business of the Commission. Section 41(2) 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 41(3) The accounts of the Commission shall be audited in accordance with the Public Audit Act (Cap. 412B) and any other law relating the management of public resources.

Section 42. Common seal Section if they are required to be under seal, if sealed with the common seal of the Board and authenticated by the Chairperson or the Secretary General;

Section 43. Remuneration Section The members of Board shall be paid such allowances as the Board may, in consultation with the Salaries and Remuneration Commission, determine, and shall be entitled to be paid allowances in connection with the work of the Commission.

Section 44. Appointment of staff Section 44(1) The Board may appoint such staff or engage such consultants and experts as may be necessary for the proper discharge of its functions under this Act. Section 44(2) The staff appointed under subsection (1) shall serve on such terms and conditions as the Board may, in consultation with the Salaries and Remuneration Commission, determine.

Section 45. Protection from personal liability Section The Chairperson, members, secretary or staff of the Commission shall not be personally liable for any act or omission done or omitted to be done in good faith in carrying out the functions of the Commission under this Act.

Section 46. Regulations Section The Cabinet Secretary may make regulations generally for the better carrying out of the provisions of this Act.