Kenya National Public Health Institute Order

Section 1. Citation Section This Order may be cited as the Kenya National Public Health Institute Order.

Section 2. Interpretation Section In this Order, unless the context otherwise requires— "Board" means the Board of the Institute established under paragraph 6; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to health; "Director-General" means the Director-General of the Institute appointed under paragraph 12; "Institute" means the Kenya National Public Health Institute established under paragraph 3; "public health" means the art and science of preventing disease, prolonging life and promoting health through the organized efforts of society; and "surveillance" means epidemiological practice by which the spread of disease is monitored to establish patterns of progression.

Section 3. Establishment of the Institute Section 3(1) There is established the Kenya National Public Health Institute. 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; Section 3(2)(c) receiving, investing, borrowing and lending money; and Section 3(2)(d) doing or performing any such other things or acts, including entering into such contracts as may be necessary or expedient, for the furtherance of the provisions of this Order which may be done by a body corporate.

Section 4. Headquarters of the Institute Section 4(1) The headquarters of the Institute shall be in Nairobi but the Institute may establish branch offices in other counties. Section 4(2) The Institute shall ensure access to its services in all parts of the Republic in accordance with Article 6(3) of the Constitution.

Section 5. Functions of the Institute Section establish mechanisms to facilitate quick detection of outbreaks and emergencies;

Section 6. Board of the Institute Section 6(1)(a) a non-executive Chairperson appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry for time being responsible for health; Section 6(1)(c) the Principal Secretary in the Ministry for time being responsible for finance; Section 6(1)(d) the Principal Secretary in the Ministry for time being responsible for livestock development; Section 6(1)(e) the Principal Secretary in the Ministry for time being responsible for defence; Section 6(1)(f) the Attorney-General; Section 6(1)(g) two persons, appointed by the Cabinet Secretary; and Section 6(1)(h) the Director-General, who shall be an ex officio member of the Board. Section 6(2) The members of the Board under sub paragraphs (l)(b), (c), (d), (e) and (f) may appoint a person, in writing, to represent them in the Board. Section 6(3) The persons to be appointed under subsection (l)(a) and (g) shall be selected through conventional board resourcing procedures including through applications, referrals and knowledge of the market and industry actors. Section 6(4) An appointment under subparagraph (l)(a) or (g) shall be by notice in the Gazette .

Section 7. Qualifications for appointment to the Board Section is citizen of Kenya;

Section 8. Tenure and vacation office Section 8(1) The Chairperson and members of the Board appointed under paragraph 6(1)(g) shall hold office for a term of three years which may be renewed only once for a further term of three years. Section 8(2)(a) resigns from office, by a notice, in writing, addressed to the appointing authority; Section 8(2)(b) is incapacitated by prolonged physical or mental illness or is otherwise unable to discharge the functions of a member of the Board; Section 8(2)(c) is absent from three consecutive meetings of the Board without good cause and prior apology; Section 8(2)(d) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; or Section 8(2)(e) is sentenced by a court to imprisonment for a term of six months or more.

Section 9. Functions of the Board Section 9(1) The Board shall be responsible for the management and administration of the Institute. Section 9(2)(a) manage, supervise and administer the assets of the Institute in such a manner as best promotes the purpose for which the Institute is established; Section 9(2)(b) recruit the Director-General of the Institute and other staff on such terms and conditions as may be approved by the relevant government organs; Section 9(2)(c) establish operational and administrative units for the effective functioning of the Institute; Section 9(2)(d) determine the provisions to be made for capital, and recurrent expenditure and for reserves of the Institute; Section 9(2)(e) receive any grants, gifts, donations or endowments on behalf of the Institute and make legitimate disbursements therefrom; Section 9(2)(f) enter into association with such other bodies or organizations locally and internationally as the Board may consider desirable or appropriate and in furtherance of the purpose for which the Institute is established; Section 9(2)(g) open a banking account or bank accounts for the funds of the Institute; and; Section 9(2)(h) perform any other functio...

Section 10. Powers of the Board Section 10(1) The Institute shall have power to do all things that may lawfully be done by a body corporate. Section 10(2)(a) acquire such land or assets for the proper performance of the functions of the Institute; Section 10(2)(b) open a bank account for the funds of the Institute into which all moneys received by the Institute shall be paid in the first instance and out of which all payments made by the Institute shall be made; Section 10(2)(c) enter into any agreement or partnership with any public sector agencies and other parties for the operation of facilities, equipment or services of the Institute as necessary, in furtherance of the discharge of the functions of the Institute; Section 10(2)(d) invest any of the Institute funds not immediately required for performance of the objects and purposes for which the Institute is established in accordance with the provisions of paragraph 20; Section 10(2)(e) enter into partnerships and collaborations with bodies and institutions locally or internationally; Section 10(2)(f) with the written prior approval of the Cabinet Secretary, carry out any other activity that in the opinion of the Board will prom...

Section 11. Delegation by the Board Section The Board may by resolution, in writing, either generally or for a particular case, delegate to any committee of the Board or Institute management, the exercise of any of the powers or the performance of any of the functions of the Board under this Order or any other written law.

Section 12. Director-General Section 12(1) The Board shall through a competitive recruitment process, and subject to approval by the Cabinet Secretary, appoint a suitably qualified person to be the Director-General of the Institute. Section 12(2)(a) is a citizen of Kenya; Section 12(2)(b) holds at least a master’s degree in public health or any other health related field from a university recognized in Kenya; Section 12(2)(c) has at least ten years’ experience in a senior management position in the management of health services, five of which must be in public health; and Section 12(2)(d) meets the requirements of Chapter Six of the Constitution of Kenya. Section 12(3)(a) the day to day operations of the Institute; Section 12(3)(b) supervision, management and discipline of the staff of the Institute; Section 12(3)(c) executing the policies of the Board in respect of the mandate of the Institute; Section 12(3)(d) reporting to the Board on the performance of the Institute; and Section 12(3)(e) performing any other functions as may be assigned by the Board from time to time. Section 12(4) The Director-General shall hold office for a term of three years but shall be eligible for re-app...

Section 13. Corporation Secretary Section 13(1) The Board shall competitively recruit a person qualified, in terms of the law governing the practice of public secretaries in Kenya, to serve as the Secretary to the Institute Board. Section 13(2)(a) in consultation with the Chairperson of the Board, issue notices for meetings of the Board; Section 13(2)(b) keep, in custody, the records of the deliberations, decisions and resolutions of the Board; Section 13(2)(c) transmit decisions and resolutions of the Board to the Director General for execution, implementation and other relevant action; Section 13(2)(d) provide guidance to the Board on their duties and responsibilities on matters relating to governance; and Section 13(2)(e) perform such other duties as the Board may direct.

Section 14. Staff Section The Board may appoint such number of professional, technical and administrative staff for the Institute as it may consider necessary for the discharge of its functions and duties under this Order, on such terms and conditions as the Board may determine, in consultation with the relevant Government agencies.

Section 15. Policies Section with respect to the procedure for the appointment of all members of staff or officers of the Institute;

Section 16. Funds of the Institute Section monies appropriated by Parliament for the purposes of the Institute;

Section 17. 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 18. Annual estimates Section The annual estimates of the Institute shall be prepared in accordance with the Public Finance Management Act (Cap. 412A).

Section 19. Accounts and audits Section 19(1) The Board shall cause to be kept all proper audit books and records of accounts of the income, expenditure, assets and liabilities of the Institute. Section 19(2) The accounts of the Institute shall be audited and reported upon in accordance with the Public Finance Management Act (Cap. 412A) and the Public Audit Act (Cap. 412B).

Section 20. Investment of surplus funds Section The Institute may invest any of its funds which are not immediately required for its purposes in such securities as the National Treasury may, from time to time, approve.

Section 21. Common seal of the Institute Section 21(1) The common seal of the Institute shall be kept in the custody of the Corporation Seeretary. Section 21(2) The common seal shall not be affixed to any instrument or document unless as authorised by the Board. Section 21(3) All instruments and documents issued under the common seal of the Institute shall be authenticated under the hand of the Director General and the Chairperson or any other member of the Board appointed by the Chairperson. Section 21(4) The common seal of the Institute when affixed to a document instrument and duly authenticated shall be judicially and officially noticed and unless the contrary is proved any necessary authorisation by the Board shall be presumed to have been duly given.

Section 22. Protection from personal liability Section No matter or thing done by the Board, Chairperson, any member of the Board, or any officer, employee or agent of the Institute shall, if the matter or thing is done in good faith and for the purposes of executing any provisions of this Order, render the Board, Chairperson, Board member or any officer, employee or agent of the Institute or any person acting under the direction of those persons personally liable for any action, claim or demand arising from the same.

Section 23. Liability for damages Section The provisions of this Order shall not relieve the Institute of liability for damages to pay compensation or damages to any person for any injury to that person or his interests caused by the exercise of any power conferred by this Order or by failure, whether wholly or partially, of any works.

Section 24. Annual report Section the accounts of the Institute and statements referred to in paragraph 19(1);

Section 25. Transition of staff Section 25(1)(a) Division of Disease Surveillance and Response; Section 25(1)(b) Division of Vector Borne and Neglected Tropical Diseases; Section 25(1)(c) Division of Zoonotic Diseases; Section 25(1)(d) Division of National Public Health Laboratories; Section 25(1)(e) Division of Quality Improvement Infection Prevention Control and Antimicrobial Resistance; Section 25(1)(f) Division of Health Emergencies and Disaster Risk Management; Section 25(1)(g) Division of Monitoring and Evaluation; Section 25(1)(h) Division of Health Informatics; Section 25(1)(i) Division of Research & Innovation; Section 25(1)(j) Division of Port Health; Section 25(1)(k) Division of Food Safety; Section 25(1)(l) Public Health Emergency Operations Centre; and Section 25(1)(m) Field Epidemiology & Laboratory Training Program. Section 25(2) The employees under subparagraphs (1) shall be assessed, using the criteria determined by the Board, for appropriate placement in the organizational structure of the Institute. Section 25(3) Despite subparagraph (1) all the employees of the Government who were serving in the Ministry of Health in the Divisions set out in subparagraph (1) sha...

Section 26. Transition of assets Section All property acquired by the Government for use of the Divisions set out in paragraph 25(1) shall subject to the rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Order become property of the Institute.