Kenya Space Agency Order

Section 3. Establishment of theAgency Section 3(1) There is hereby established a state corporation to be known as the Kenya Space Agency ("the Kenya Space Agency established under paragraph 3;") . 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 thing or act, including entering into such contracts as may be necessary or expedient, for the furtherance of the provision of this Order which may lawfully be done by a body corporate. Section 3(3) The Agency ("the Kenya Space Agency established under paragraph 3;") shall be the successor to the National Space Secretariat existing immediately before the commencement of this Order, and upon such commencement and subject to this Order, all rights, duties, assets and liabilities held by Government on account of that Secretariat shall be automatically and fully transferred to the Agency ("the Kenya Space Agency established under paragraph 3;") , and any reference to the National Space Secretariat in any contract...

Section 4. Functions of theAgency Section co-ordinate and regulate space related activities in the country;

Section 5. Powers of theAgency Section 5(1)(a) to establish advisory space committees from time to time to assist in any specified duties in carrying out its function; Section 5(1)(b) to manage, control and administer the assets of the Agency ("the Kenya Space Agency established under paragraph 3;") in such manner and for such purposes as best promote the purpose for which the Agency ("the Kenya Space Agency established under paragraph 3;") is established; Section 5(1)(c) to determine the provisions to be made for capital and recurrent expenditure and for reserves of the Agency ("the Kenya Space Agency established under paragraph 3;") ; Section 5(1)(d) to enter into association with any persons, agencies, governments or bodies within or outside Kenya as the Agency ("the Kenya Space Agency established under paragraph 3;") may consider appropriate and in furtherance of the purpose for which the Agency ("the Kenya Space Agency established under paragraph 3;") is established; Section 5(1)(e) to receive any gift, grant, donation or endowments made to the Agency ("the Kenya Space Agency established under paragraph 3;") or any other moneys in respect of the Agency ("the Kenya Space Agency...

Section 6. TheBoard Section 6(1)(a) Chairperson, who shall be a person with demonstrated knowledge and experience in defence, security, agriculture, mining, environmental management or space science, appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry for the time being responsible for Defence; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 6(1)(d) the Principal Secretary in the Ministry for the time being responsible for Science and Technology; Section 6(1)(e) the Principal Secretary in the Ministry for the time being responsible for Information, Communication and Technology; Section 6(1)(f) the Principal Secretary in the Ministry for the time being responsible for Environment; Section 6(1)(g) the Chief of the Defence Forces or his representative; Section 6(1)(h) the Attorney-General or his representative; Section 6(1)(i) three persons, not being public officers or employees or directors of any public company, appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for Defence;") by virtue of their knowledge and experience in matters relating to defence, s...

Section 7. Meetings of theBoard Section 7(1) The Board ("the Board of the Agency appointed under paragraph 6;") shall meet at least four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting. Section 7(2) The Chairperson shall preside over all meetings of the Board ("the Board of the Agency appointed under paragraph 6;") and in the absence of the Chairperson, the other members present at the meeting shall appoint one of the members to act as Chairperson for the purpose of that meeting. Section 7(3) The quorum for a meeting shall be two thirds of the members of the Board ("the Board of the Agency appointed under paragraph 6;") . Section 7(4) The Board ("the Board of the Agency appointed under paragraph 6;") may from time to time co-opt into its membership any person whose skills and experience are necessary for the performance of the functions of the Board ("the Board of the Agency appointed under paragraph 6;") to assist in any specified matter on need basis. Section 7(5) A person co-opted under subparagraph (3) shall not have powers to vote on any matter before the Board ("the Board of the Agency a...

Section 8. Remuneration Section The Agency ("the Kenya Space Agency established under paragraph 3;") shall pay such remuneration, fees, allowances and such other reimbursement to members of the Board ("the Board of the Agency appointed under paragraph 6;") as may be approved by the Committee ("the State Corporations Advisory Committee;") .

Section 9. Vacancy in office Section 9(1)(a) if the member ("a person appointed to the Board under paragraph 6(1)(i)") resigns by giving notice in writing, in the case of the Chairperson, to the President, and in the case of any other member ("a person appointed to the Board under paragraph 6(1)(i)") , to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for Defence;") , 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 ("the Cabinet Secretary for the time being responsible for Defence;") , as the case may be; Section 9(1)(b) is declared bankrupt or enters into a composition or scheme of arrangement for the benefit his creditors; Section 9(1)(b)(i) is declared bankrupt or enters into a composition or scheme of arrangement for the benefit his creditors; Section 9(1)(b)(ii) is convicted of a criminal offence and sentenced to a term of imprisonment; Section 9(1)(b)(iii) is incapacitated by reason of infirmity of body or mind; Section 9(1)(b)(iv) is absent from three consecutive meetings of the Board ("the Board of the Agency appointed u...

Section 10. Staff of theAgency Section 10(1) The Board ("the Board of the Agency appointed under paragraph 6;") may appoint such professional, technical and administrative staff as may be necessary for the proper discharge of its functions under this Order, and upon such terms and conditions of service as the Agency ("the Kenya Space Agency established under paragraph 3;") may determine. Section 10(2) The staff appointed under subparagraph (1) shall serve on such terms and conditions as the Board ("the Board of the Agency appointed under paragraph 6;") , in consultation with the Salaries and Remuneration Commission may determine. Section 10(3) The Public Service Commission may, upon request by the Board ("the Board of the Agency appointed under paragraph 6;") second to the Agency ("the Kenya Space Agency established under paragraph 3;") such number of public officers as may be necessary for the proper performance of the functions of the Agency ("the Kenya Space Agency established under paragraph 3;") . Section 10(4) A public officer seconded to the Agency ("the Kenya Space Agency established under paragraph 3;") shall, during the period of secondment, be deemed to be an officer of...

Section 11.Director-General Section 11(1) There shall be a Director-General who shall be the Chief Executive Officer of the Agency ("the Kenya Space Agency established under paragraph 3;") , who shall be appointed by the Board ("the Board of the Agency appointed under paragraph 6;") on such terms and conditions as may be specified in the instrument of appointment. Section 11(2)(a) is a citizen of Kenya; Section 11(2)(b) possesses a post-graduate degree from a university recognised in Kenya; Section 11(2)(c) has at least fifteen years demonstrable knowledge and experience in matters related to space science; Section 11(2)(d) has at least ten years management experience at a senior level in the public or private sector; and Section 11(2)(e) meets the requirements of Chapter Six of the Constitution. Section 11(3) The Director-General shall be responsible to the Board ("the Board of the Agency appointed under paragraph 6;") for the day-to-day management of the affairs of the Agency ("the Kenya Space Agency established under paragraph 3;") .

Section 12. Financial year Section The financial year of the Agency ("the Kenya Space Agency established under paragraph 3;") shall be the period of twelve months ending on the thirtieth June in the next year.

Section 13. Sources of funds The funds of the Service shall consist of— Section funds provided by the National Assembly;

Section 14. Annual estimates Section 14(1) At least three months before the commencement of each financial year, the Board ("the Board of the Agency appointed under paragraph 6;") shall cause to be prepared estimates of the revenue and expenditure of the Agency ("the Kenya Space Agency established under paragraph 3;") for that financial year. Section 14(2)(a) payment of salaries, allowances and other charges in respect of the Board ("the Board of the Agency appointed under paragraph 6;") members and staff of the Agency ("the Kenya Space Agency established under paragraph 3;") ; Section 14(2)(b) payment of pensions, gratuities and other charges in respect to retirement benefits to the staff of the Agency ("the Kenya Space Agency established under paragraph 3;") ; and Section 14(2)(c) proper maintenance, repair and replacement of the equipment and other movable property of the Agency ("the Kenya Space Agency established under paragraph 3;") . Section 14(3) The Board ("the Board of the Agency appointed under paragraph 6;") shall approve the annual estimates before the commencement of the financial year to which they relate and once approved, the sum provided in the estimates shall be...

Section 15. Investment of Funds Section The Board ("the Board of the Agency appointed under paragraph 6;") may invest any of the funds of the Agency ("the Kenya Space Agency established under paragraph 3;") which are not immediately required for its purposes for the time being trustees may by law invest trust funds, or in such other securities as the National Treasury may from time to time approve for the purpose.

Section 16. Bank Accounts Section The Board ("the Board of the Agency appointed under paragraph 6;") may place on deposit with such banks as it may determine any moneys not immediately required for the purposes of the Agency ("the Kenya Space Agency established under paragraph 3;") .

Section 17. Accounts and Audit Section 17(1) The Board ("the Board of the Agency appointed under paragraph 6;") shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Agency ("the Kenya Space Agency established under paragraph 3;") . Section 17(2)(a) a statement of income and expenditure during that year; and Section 17(2)(b) a statement of the assets and liabilities of the Agency ("the Kenya Space Agency established under paragraph 3;") on the last day of the financial year. Section 17(3) The accounts of the Agency ("the Kenya Space Agency established under paragraph 3;") shall be audited in accordance with the Public Audit Act ("the State Corporations Act ();") ( No. 34 of 2015 ). Section 17(4) Within a period of six months after the end of the financial year, the Auditor-General shall report on the examination and audit of the accounts of the Agency ("the Kenya Space Agency established under paragraph 3;") to the Board ("the Board of the Agency appointed under paragraph 6;") and to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for Defence;") . Section 17(5) Nothing in this Order sha...

Section 18. Annual Report Section 18(1) The Board ("the Board of the Agency appointed under paragraph 6;") shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for Defence;") a report of the operations of the Agency ("the Kenya Space Agency established under paragraph 3;") for the immediately preceding year. Section 18(2)(a) inform the public about space, science and technology related programmes undertaken, including future programmes, by the Agency ("the Kenya Space Agency established under paragraph 3;") ; and Section 18(2)(b) encourage the public to contribute to the achievement of the objectives of those programmes. Section 18(3)(a) the request is considered unreasonable in the circumstances; Section 18(3)(b) the information requested is at a deliberative stage within the Agency ("the Kenya Space Agency established under paragraph 3;") ; Section 18(3)(c) the prescribed fee is not paid; or Section 18(3)(d) the applicant fails to satisfy any confidentiality requirements required by the Agency ("the Kenya Space Agency established under paragraph 3;") . Section 18(4) Ever...

Section 19. Protection from personal liability Section No matter or anything done by the Chairperson or any other member ("a person appointed to the Board under paragraph 6(1)(i)") of the Agency ("the Kenya Space Agency established under paragraph 3;") or any officer, employee or agent of the Agency ("the Kenya Space Agency established under paragraph 3;") shall, if the matter or thing is done in good faith for the purpose of executing any provisions of this Order, render the Chairperson, member ("a person appointed to the Board under paragraph 6(1)(i)") , officer, employee or agent or any person acting under the directions of those persons, personally liable to any action, claim or demand.

Section 20. Liability for Damages Section The provisions of this Order shall not relieve the Agency ("the Kenya Space Agency established under paragraph 3;") of the liability to pay compensation or damages to any person for any injury to him or his property or any of his or her interests caused by the exercise of any of the power conferred by this Order or by failure, whether wholly or partially, of any action.

Section 21. Delegation of duties by theBoard Section The Board ("the Board of the Agency appointed under paragraph 6;") may, by resolution, either generally or in any particular case, delegate to a Committee ("the State Corporations Advisory Committee;") of the Agency ("the Kenya Space Agency established under paragraph 3;") or to any member ("a person appointed to the Board under paragraph 6(1)(i)") of the Board ("the Board of the Agency appointed under paragraph 6;") , officer or agent of the Agency ("the Kenya Space Agency established under paragraph 3;") the exercise of any of the powers or the performance of any of the function or duties the Agency ("the Kenya Space Agency established under paragraph 3;") is authorized by this Order to exercise or perform.

Section 22. Signification of documents Section All the documents of the Agency ("the Kenya Space Agency established under paragraph 3;") shall be under the hand of the Chairperson.

Section 23. Common seal Section 23(1) Subject to this Order, the common seal of the Agency ("the Kenya Space Agency established under paragraph 3;") shall be kept in such custody as the Board ("the Board of the Agency appointed under paragraph 6;") may direct and shall not be used except in the manner authorized by the Board ("the Board of the Agency appointed under paragraph 6;") . Section 23(2)(a) where they are required to be under seal, if sealed with the common seal of the Board ("the Board of the Agency appointed under paragraph 6;") and authenticated by the signature of the Chairperson and the Secretary; and Section 23(2)(b) where they are not required to be under seal, if executed in that behalf by the Chairperson or the Secretary.

Section 24. Transitional Provision Section Subject to this Order, any person who is an employee of the National Space Secretariat immediately before the commencement of this Order shall upon such commencement be deemed to be an employee of the Agency ("the Kenya Space Agency established under paragraph 3;") .