National Crime Research Centre Act

Section 1. Short title. Section This Act may be cited as the National Crime Research Centre Act.

Section 2. Interpretation. Section In this Act, unless the context otherwise requires— "Centre" means the National Crime Research Centre established under section 3 ; "chairperson" means the chairperson of the Council; "Council" means the Governing Council of the Centre established under section 6 ; "Director" means the Director of the Centre appointed under section 11 ; "research" means research undertaken and conducted by or on behalf of the Centre pursuant to the provisions of this Act; "the Cabinet Secretary" means the Attorney-General; "university" has the meaning assigned to it in the Universities Act (Cap. 210).

Section 3. Establishment of the Centre. Section 3(1) There is established a Centre to be known as the National Crime Research Centre. 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) entering into contracts; Section 3(2)(d) borrowing money; Section 3(2)(e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may be lawfully done or performed by a body corporate.

Section 4. Objects of the Centre. Section The objects of the Centre shall be to carry out research into the causes of crime and its prevention and to disseminate research findings to such institutions as the Council may, from time to time, determine for appropriate action.

Section 5. Functions of the Centre. Section carry out co-ordinated research into, and evaluate the impact of, programmes pursued by the agencies responsible for the administration of criminal justice;

Section 6. Establishment and membership of the Council. Section 6(1) There is established a governing body of the Centre which shall be known as the Governing Council. Section 6(2)(a) the Attorney-General or his representative who shall be the chairperson; Section 6(2)(aa) the Principal Secretary to the National Treasury; Section 6(2)(b) the Chief Justice or his representative; Section 6(2)(ba) the Director of Public Prosecutions; Section 6(2)(c) the Commissioner of Police or his representative; Section 6(2)(d) the Commissioner for Social Services or his representative; Section 6(2)(e) the Commissioner of Prisons or his representative; Section 6(2)(f) the Principal Probation Officer or his representative; Section 6(2)(g) three persons appointed by the Cabinet Secretary, being persons eminently qualified in the fields of criminal law, sociology or criminology, to represent universities in Kenya; Section 6(2)(h) one representative of non-Governmental Organizations to be nominated by the National Council of Non-Governmental Organizations; and Section 6(2)(i) three other persons appointed by the Cabinet Secretary, by virtue of their knowledge or expertise in specific aspects of crime-o...

Section 7. Functions of the Council. Section formulate the research policy and programmes of the Centre;

Section 8. Meetings of the Council. Section 8(1) The Council shall meet at such times as the chairperson may determine which shall be not less than once in every three months. Section 8(2) The chairperson shall preside at all meetings of the Council at which he is present but in his absence, the members present shall appoint one of them who shall, for the purposes of that meeting and the business transacted thereat, have all the powers of the chairperson. Section 8(3) Decisions at any meeting of the Council shall be by a majority of the members present and voting and in the event of equality of votes, the chairperson shall have a casting vote in addition to his deliberative vote. Section 8(4) The quorum at any meeting of the Council shall be eight. Section 8(5) Subject to subsections (3) and (4), the Council shall regulate its own procedures.

Section 9. Committees. Section The Council may appoint such committees as it may consider necessary for the performance of its functions under this Act and shall prescribe the terms and conditions under which such committees shall operate.

Section 10. Departments, units or divisions of the Centre. Section The Council may create such departments, units or divisions of the Centre and appoint thereto staff, on such terms and conditions as it may determine, for the efficient performance of the functions of the Centre.

Section 11. Director and Deputy Director. Section 11(1) There shall be a Director of the Centre who shall be appointed by the Council on such terms and conditions of service as the Council may determine. Section 11(2) The Director shall be a person competent to direct the research functions of the Centre, who holds such qualifications as the Council may determine. Section 11(3)(a) planning, directing and co-ordinating all research to be carried out by the Centre; Section 11(3)(b) the management of financial and administrative affairs of the Centre; Section 11(3)(c) the management and custody of the assets of the Centre; Section 11(3)(d) keeping and maintaining all records and documents of the Centre; Section 11(3)(e) the performance of such other duties as may be assigned by the Council from time to time. Section 11(4) The Director shall be the secretary to the Council. Section 11(5) There shall be a Deputy Director who shall be appointed by the Council, on such terms and conditions as the Council may determine. Section 11(6) The Deputy Director shall, under the general direction of the Director, perform such duties as may be assigned to him from time to time.

Section 12. Funds of the Centre. Section moneys provided by Parliament for that purpose;

Section 13. Financial year. Section 13(1) The financial year of the Centre shall be the period of twelve months ending on the thirtieth June in every year. Section 13(2) In the event of any change in the financial year and for the purposes of the transition from the old financial year to the new financial year consequent upon such change, the transitional period shall, whether more or less than twelve months be deemed to be a financial year for the purposes of this Act.

Section 14. Long-term planning, etc. Section 14(1) The Centre shall prepare its long-term planning, programming, budgeting and funding in accordance with the Government’s forward budget procedures and shall submit the same to the National Treasury for approval. Section 14(2) The Council may, pursuant to the provisions of paragraph (c) of section 7 , raise funds from external sources, donations, endowments and trusts for its recurrent and non-recurrent needs and shall spend such monies in accordance with the proposals, terms and conditions on the basis of which the funds were solicited or granted.

Section 15. Investment of funds. Section 15(1) The Council may invest any of the funds of the Centre in securities in which, for the time being, trustees may by law invest trust funds or in any other securities which the National Treasury may from time to time approve for that purpose. Section 15(2) The Council may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the Centre.

Section 16. Annual estimates. Section 16(1) Before the commencement of every financial year, the Council shall cause to be prepared estimates of revenue and expenditure of the Centre for that year. Section 16(2)(a) the payment of salaries, allowances and other charges in respect of staff of the Centre; Section 16(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Centre; Section 16(2)(c) the proper maintenance of the buildings and grounds of the Centre; Section 16(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Centre; Section 16(2)(e) the cost of research activities of the Centre; and Section 16(2)(f) 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 matter as the Council may deem fit. Section 16(3) Annual estimates shall be approved by the Council before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval within a period of three mont...

Section 17. Accounts and audit. Section 17(1) The Council shall cause to be kept proper books and records of account of the income, expenditure, assets and liabilities of the Centre. Section 17(2)(a) a statement of income and expenditure during that year; and Section 17(2)(b) a statement of assets and liabilities of the Centre as on the last day of the year. Section 17(3) The accounts of the Centre shall be audited by the Auditor-General or an auditor appointed under this section by the Council under the authority of the Auditor-General. Section 17(4) The appointment of an auditor under this section shall not be terminated by the Council without the consent of the Auditor-General. Section 17(5) The Auditor-General may give general or special directions to an auditor appointed by the Council under this section and the auditor shall comply with such directions. Section 17(6) An auditor appointed under this section shall report directly to the Auditor-General on any matter relating to the directions given under subsection (5). Section 17(7) Within a period of two months from the date the books and records of account are submitted to him under subsection (2), the Auditor-General or the...

Section 18. Annual report. Section 18(1) The Council shall, within four months after the end of each financial year, make a report to the Cabinet Secretary on the activities of the Centre during the financial year and its research programmes for the following year. Section 18(2) The Cabinet Secretary shall, within fourteen days after receipt of the report, lay the same before the National Assembly.

Section 19. Regulations. Section 19(1)(a) the establishment of departments, units or divisions into which the Centre may be divided for the efficient carrying out of its objects and functions; Section 19(1)(b) the conduct of research and related activities; Section 19(1)(c) the terms and conditions of service, including the appointment, dismissal, discipline, remuneration and retirement benefits of the staff of the Centre; Section 19(1)(d) the constitution and procedure of meetings of the Council and the establishment, composition and terms of reference of committees thereof; Section 19(1)(e) the determination of the manner of remuneration of members of the Council; Section 19(1)(f) the procedures of fund-raising activities; Section 19(1)(g) providing for or prescribing anything which, under this Act, may be provided for or prescribed by regulations. Section 19(2) Notwithstanding the provisions of subsection (1) the Council shall not make, amend or revoke any regulations governing privileges or terms and conditions of service of the offices established or officers appointed by the Council without first seeking the opinion of the Director: Provided that the Director’s opinion shall...

Section 20. Protection of name. Section 20(1) Notwithstanding the provisions of any other written law, no public officer performing functions relating to the registration of companies or business names shall accept for such registration any name which includes the word "Centre" together with the words "National Crime Research" unless the application for the registration is accompanied by the written consent of the Council. Section 20(2) Any person who, except with the written consent of the Council, uses the word "Centre" together with the words "National Crime Research" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling or profession commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand shillings, or to imprisonment for a term not exceeding two years, or to both: Provided that nothing in this subsection shall be construed as preventing the bona fide use by any person of any title in pursuance of research or work authorised by the Council or the Director.

Section 21. Request for information. Section 21(1) The Director may, in writing, request any person to furnish the Centre with such information or to produce such documents or records as he deems necessary and relevant for the discharge of the functions of the Centre under this Act. Section 21(2)(a) without reasonable cause, refuses or fails to comply with a request under subsection (1) to furnish any information or to produce any documents or records; or Section 21(2)(b) in furnishing such information, makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,

Section 22. Common seal and signification of documents. Section 22(1) The common seal of the Centre shall be kept in such custody as the Council directs and shall be used as directed by the Council from time to time. Section 22(2) The seal shall be authenticated by the signatures of the chairperson and the Director. Section 22(3) The seal, when affixed to any document and duly authenticated as provided under subsection (2), shall be judicially noticed and unless and until the contrary is proved, any necessary order or authorization of the Council under this section, shall be presumed to have been duly given.