Kenya Tissue and Transplant Authority Order

Section 1. Citation Section This Order may be cited as the Kenya Tissue and Transplant Authority Order.

Section 2. Interpretation Section In this Order, unless the context otherwise requires— "Authority" means the Kenya Tissue and Transplant Authority established by paragraph 3; "Board" means the Board of Directors of the Kenya Tissue and Transplant Authority constituted in accordance with paragraph 6; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for health; and "Chief Executive Officer" means the person appointed in accordance with paragraph 11.

Section 3. Establishment of the Kenya Tissue and Transplant Authority Section 3(1) There is established a state corporation to be known as the Kenya Tissue and Transplant Authority. 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 all other things or acts, including entering into contracts for the proper performance of its functions under this Order, which may be lawfully done or performed by a body corporate. Section 3(3) The Kenya Tissue and Transplant Authority shall be the successor to the Department of the National Blood Transfusion, Tissue and Human Organ Transplant Services existing at the Ministry of Health at the commencement of this Order.

Section 4. Objective of the Authority Section The objective of the Kenya Tissue and Transplant Authority shall be to ensure access to safe and ethical use of human cells, tissues and organs and the safety, biosafety and wellbeing of donors and recipients in medical services relating to human derived medical products through the establishment and maintenance of systems that comply with safety and legal requirements.

Section 5. Functions of the Authority Section 5(1)(a) regulate all services relating to human cells, tissue and organ transplant in accordance with the Health Act (Cap. 241); Section 5(1)(b) register and license facilities and establishments dealing with human cells, tissues and organs and transplant services; Section 5(1)(c) maintain a registry of transplant service providers, donors and recipients; Section 5(1)(d) establish an equitable mechanism for matching and allocation of cells, tissue and organs; Section 5(1)(e) oversee the implementation of policies, guidelines, procedures and standards relating to human tissues and organs; Section 5(1)(f) provide support services for transfusion and transplant systems including testing, grouping, typing, banking, processing, distribution, manufacturing and quality control; Section 5(1)(g) develop a national emergency response mechanism including maintenance of strategic reserves for human tissues and organs; Section 5(1)(h) mobilize, educate and sensitize the members of the public to foster voluntary donations of cells, tissues and organs; Section 5(1)(i) collaborate, within agreed reciprocal arrangements, with other established organ exc...

Section 6. Board of the Authority Section 6(1)(a) a non-executive Chairperson appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry for the time being responsible for finance, or his or her representative, appointed in writing; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for health, or his or her representative, appointed in writing; Section 6(1)(d) the Attorney-General or his representative, appointed in writing; Section 6(1)(e) one person, not being a governor, nominated by the Council of Governors; Section 6(1)(f) three other members, not being public officers, appointed by the Cabinet Secretary by virtue of gender, disability, regional balance and their knowledge and experience in matters relating to haematology, pathology, transplant medicine, finance, management, economics, law or any other relevant field; and Section 6(1)(g) the chief executive officer who shall be an ex officio member of the Board. Section 6(2) The persons to be appointed under subsection (1)(a) and (g) shall be selected through conventional board resourcing procedures including through applications, referrals and knowledge of the mark...

Section 7. Tenure and vacation Section 7(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 7(2)(a) resigns from office, by a notice, in writing, addressed to the appointing authority; Section 7(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 7(2)(c) is absent from three consecutive meetings of the Board without good cause and prior apology; Section 7(2)(d) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors; Section 7(2)(e) is sentenced by a court to imprisonment for a term of six months or more.

Section 8. Functions of the Board Section 8(1) The Board shall be responsible for the management and administration of the Authority. Section 8(2)(a) administer the property and funds of the Authority in such a manner and for such purposes as will, in the opinion of the Board, promote its best interests; Section 8(2)(b) receive on behalf of the Authority grants in aid, gifts, donations, fees, subscriptions or other moneys and approve disbursement; Section 8(2)(c) advise the Cabinet Secretary on policy matters relating to tissue and human organ transplant; Section 8(2)(d) do or perform all other necessary functions or activities of a Kenya Tissue and Transplant Authority, including undertaking of any ventures for the purposes of raising revenues for the purposes of funding its activities wholly or in part.

Section 9. Powers of the Board. Section 9(1) The Board shall have all the powers necessary to manage and administer the Authority in a manner that shall enable the realization of the objects and purposes for which the Authority is established. Section 9(2)(a) open a bank account(s) for the funds of the Authority into which all moneys received by the Authority shall be paid in the first instance and out of which all payments made by the Authority shall be made; Section 9(2)(b) receive any grants, gifts, donations or endowment and make legitimate disbursements therefrom; Section 9(2)(c) acquire such land or assets as are necessary for the proper performance of the functions of the Authority; Section 9(2)(d) invest any funds of the Authority not immediately required for performance of the objects and purposes for which the Authority is established; Section 9(2)(e) determine fees for services rendered by the Authority from time to time; Section 9(2)(f) enter into any agreement or partnership with any public sector agencies and other parties for the operation of facilities, equipment or services of the Authority as necessary, in furtherance of the discharge of the functions of the Autho...

Section 10. 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, the management of the Authority, 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 11. Chief Executive Officer Section 11(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 Chief Executive Officer of the Authority. Section 11(2)(a) is a Kenyan Citizen; Section 11(2)(b) has at least an advanced degree from a university recognized in Kenya; Section 11(2)(c) has at least ten years' experience at a senior management level with skills related to health systems, haematology, laboratory service, transplant medicine, pathology, finance, management, economics, law or any other relevant field; and Section 11(2)(d) satisfies the requirements of Chapter Six of the Constitution. Section 11(3) The Chief Executive Officer shall be responsible for the day-to-day operations and administration of the Authority, under the general direction and supervision of the Board.

Section 12. Corporation Secretary Section 12(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 Corporation Secretary of the Authority. Section 12(2) The Corporation Secretary shall be the Secretary to the Board and shall be responsible for arranging the business and meetings of the Board, the keeping of records of the Board’s meetings, the keeping of the records of the proceedings of the Board, and perform such other duties as the Board may direct.

Section 13. Staff Section The Authority may employ such other officers, staff or agents as it considers necessary for the discharge of its functions and duties under this Order, upon such terms and conditions as the Board may determine, in consultation with the Cabinet Secretary and on the advice of the Salaries and Remuneration Commission.

Section 14. Funds of the Authority Section monies appropriated by Parliament for the purposes of the Authority;

Section 15. Financial Year Section The financial year of the Kenya Tissue and Transplant Authority shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 16. Annual estimates Section The annual estimates of the Kenya Tissue and Transplant Authority shall be prepared in accordance with the Public Finance Management Act (Cap. 412A)

Section 17. Accounts and audit Section 17(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 Kenya Tissue and Transplant Authority. Section 17(2) The accounts of the Kenya Tissue and Transplant Authority shall be audited and reported upon in accordance with the Public Finance Management Act (Cap. 412A) and the Public Audit Act (Cap. 412B).

Section 18. Protection from personal liability Section No matter or thing done by the Board, Chairperson, any Board member, or any officer, employee or agent of the Authority 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 Authority or any person acting under the direction of those persons personally liable for any action, claim or demand arising from the same.

Section 19. Liability for damages Section The provisions of this Order shall not relieve the Authority of the liability 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 20. Policies Section with respect to the procedure for the appointment of all members of staff or officers of the Authority;

Section 21. Annual report Section the accounts of the Kenya Tissue and Transplant Authority and statements referred to under paragraph 15;

Section 22. Transition of staff Section 22(1) A person who immediately before the commencement of this Order was an employee of the Government serving in the Ministry of Health in the Department of Kenya National Blood Transfusion, Tissue and Human Organ Transplant Services shall at the commencement of this Order serve as a member of staff of the Authority. Section 22(2) The employees under subparagraph (1) shall be assessed using the criteria determined by the Board, for appropriate placement in the organizational structure of the Authority. Section 22(3) Despite subparagraph (1), all employees of the Government who were serving in the Ministry of Health in the Department of Kenya National Blood Transfusion, Tissue and Human Organ Transplant Services shall upon publication of this Order be given an option to elect to serve in the Authority or be redeployed in the Public Service.

Section 23. Transition of Assets. Section All property acquired by the Government for use of the in the Ministry of Health in the Department of Kenya National Blood Transfusion, Tissue and Human Organ Transplant Services shall be subject to the rights, liabilities, obligations, agreements and other arrangements existing at the commencement of this Order become property of the Authority.