Konza Technopolis Development Authority Order

Section 1. Citation Section This Order may be cited as the Konza Technopolis Development Authority Order.

Section 2. Interpretation Section In this Order unless the context otherwise requires— "Area" means all that parcel of land known as L.R. 9918/6 located within Makueni and Machakos Counties measuring approximately 2023.6 hectares; "Authority" means the Konza Technopolis Development Authority established under paragraph 3 of this Order; "Board" means the Konza Technopolis Development Authority Board established under paragraph 5 of this Order; "buffer zone" means parcels of land lying within a delineated 10 kilometer radius from the Area; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to information and communications technology; "Chief Executive Officer" means the Chief Executive Officer appointed under paragraph 10 of this Order.

Section 3. Establishment of the Authority Section 3(1) There is established an Authority to be known as the Konza Technopolis Development 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) borrowing or lending money; Section 3(2)(d) entering into contracts; and Section 3(2)(e) doing or performing such other things or acts necessary for the proper performance of the functions of the Authority under the Order and which may lawfully be done or performed by a body corporate.

Section 4. Headquarters Section The Headquarters of the Authority shall be in Nairobi.

Section 5. Board of the Authority Section a non-executive Chairperson appointed by the President.

Section 6. Term of office Section The Chairperson and members of the Board appointed under paragraph 5(d) and (e) shall serve for a term of three years and shall be eligible for appointment for one further term.

Section 7. Disqualification of Board Member Section resigns from office in writing to the appointing authority;

Section 8. Functions of the Board Section developing integrated infrastructural facilities, and

Section 9. Meetings of the Board Section 9(1) The Chairperson shall preside over all meetings 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 9(2) The quorum for the Board meeting shall be two-thirds of the members. Section 9(3) The Board may co-opt, for such period as it may deem fit, not more than three persons whose assistance or advice it may require, but the persons so co-opted shall not be considered as members for the purpose of forming a quorum and shall not be entitled to vote at any meeting of the Board. Section 9(4) Every decision of the Board shall be by a simple majority of the members present and voting but the Chairperson or the person appointed to be the Chairperson under subparagraph (1) shall have a casting as well as a deliberative vote. Section 9(5) Subject to this Order, the Board may regulate its own proceedings.

Section 10. Chief Executive Officer and other staff Section 10(1) There shall be a Chief Executive Officer of the Authority appointed by the Cabinet Secretary in consultation with the Board. Section 10(2) The Chief Executive Officer shall be the secretary to the Board. Section 10(3) The Chief Executive Officer shall hold office for such period and on such terms and conditions of employment as the Board may determine with the approval of the Cabinet Secretary. Section 10(4) The Board may appoint other officers and employees as it deems necessary upon such terms and conditions as it deems proper for the efficient operation of the Authority. Section 10(5) The Board shall pay remuneration, fees, allowances and such other reimbursement to members of the Board and staff of the Authority as may be approved by the National Treasury. Section 10(6) The Board may delegate any of its powers to any of its committees or to the Chief Executive Officer.

Section 11. Execution of documents Section 11(1) The common seal of the Board shall be authenticated by the signature of the Chairperson and the Chief Executive Officer, or by either the Chairperson or the Chief Executive Officer, together with one member other than an ex officio member of the Board authorized in writing by the Board in that behalf. Section 11(2) Any document, other than a document which is required by any law to be under seal, made and any decision of the Board, may be signified under the hand of the Chairperson, or the Chief Executive Officer or any other member of the Board or any other person authorized in writing by the Board in that behalf.

Section 12. Protection from liability Section 12(1) Neither the Board, any of its members nor any officer, employee or servant of the Authority shall be personally liable for an act which is done or purported to be done in good faith by such person, on the direction of the Board or in the performance of any duty or in the exercise of any power under this Order. Section 12(2) Any expenses incurred by any person referred to in subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or purported to be done by him under this Order on the direction of the Board shall, if the court holds that such act was done in good faith be paid out of the general fund of the Authority, unless such expenses are recovered by him in such suit or prosecution.

Section 13. Funds for the Authority Section such moneys as may be provided by Parliament for the purposes of the Authority;

Section 14. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.

Section 15. Annual estimates Section 15(1) At least four months before the commencement of each financial year, the Board shall cause to be prepared estimate of the revenue and expenditure for that year. Section 15(2)(a) the payment of the salaries, allowances and other charges in respect of the members of the Board and the staff of the Authority; Section 15(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Authority; Section 15(2)(c) the proper maintenance of the buildings and ground of the Authority; Section 15(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Authority; and Section 15(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may consider necessary. Section 15(3) The annual estimates shall be submitted to the Board for approval before the commencement of the financial year to which they relate provided that once approved, the sum provided in the estimate shall not be increased without a prior co...

Section 16. Accounts and audit Section 16(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Authority. Section 16(2)(a) a statement of income and expenditure during that year; and Section 16(2)(b) a statement of the assets and liabilities of the Authority on the last day of the financial year. Section 16(3) The accounts of the Authority shall be audited in accordance with the Public Audit Act (Cap. 412B). Section 16(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 Authority to the Board and to the Cabinet Secretary. Section 16(5) Nothing in this Order shall be construed to prohibit the Auditor-General from carrying out an inspection of the Authority’s accounts or records whenever it appears to him desirable so to do and the Auditor-General shall carry out such an inspection at least once every six months.

Section 17. Investment of funds Section 17(1) The Board may invest any of the funds of the Authority which are not immediately required for its purposes in such securities as the National Treasury may, from time to time, approve. Section 17(2) The Board may place on deposit with such bank or banks as it may determine any money not immediately required for the purposes of the Authority.