National Government Constituencies Development Fund Act

Section 1. Short title and commencement Section section 57 , upon publication of the Act; and

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "bank account of the Fund" means the National Government Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") account maintained in accordance with section 13 ; "Board" means the National Government Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board established under section 14 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development; "Chairperson" means the Chairperson of the Board ("the National Government Constituencies Development Fund Board established under;") appointed under section 15 (3); "chief executive officer" means the chief executive officer of the Board ("the National Government Constituencies Development Fund Board established under;") appointed under section 20 ; "community" means residents of a particular geographical area or region defined as a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;"...

Section 3. Objects of the Act Section provide for the establishment and administration of the Fund ("the National Government Constituencies Development Fund established under(1);") ;

Section 4. Establishment of theFund Section 4(1)(a) be a national government fund consisting of monies of an amount of not less than 2.5% (two and half percentum) of all the national government's share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218 of the Constitution; Section 4(1)(b) comprise of any monies accruing to or received by the Board ("the National Government Constituencies Development Fund Board established under;") from any other source; and Section 4(1)(c) be administered by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 4(2) All monies allocated under this Act shall be considered as funds allocated to constituencies pursuant to Article 206(2)(c) of the Constitution to be administered in accordance with the provisions of this Act. Section 4(3) Deleted by ActNo. 21 of 2023, s. 3 . [Act No. 21 of 2023 , s. 3.]

Section 5. Disbursement from theFund Section 5(1) Each and every disbursement from the Fund ("the National Government Constituencies Development Fund established under(1);") shall be approved and recorded in the minutes of the Board ("the National Government Constituencies Development Fund Board established under;") . Section 5(2) All disbursements from the Fund ("the National Government Constituencies Development Fund established under(1);") shall be for specific projects as submitted by the constituencies in accordance with the procedures outlined in this Act. Section 5(3) All disbursements shall be made through the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") operations bank accounts maintained for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in accordance with section 12 of this Act. Section 5(4) Notwithstanding subsection (3), payments for a joint project ("an eligible development project as described in the Act;") or a joint procurement, may be made directly to a supplier or to an account established for the purpose with due approval of the Boa...

Section 6. Allocation of funds Section 6(1) The Board ("the National Government Constituencies Development Fund Board established under;") shall, with the approval of the relevant Committee of the National Assembly, allocate funds for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in each financial year in accordance with section 34 . Section 6(2) Once funds are allocated for a particular project ("an eligible development project as described in the Act;") , they shall remain allocated for that project ("an eligible development project as described in the Act;") and may only be re-allocated for any other purpose during the financial year with the approval of the Board ("the National Government Constituencies Development Fund Board established under;") . Section 6(3) If for any reason a particular project ("an eligible development project as described in the Act;") is cancelled or discontinued during the financial year, the funds allocated for such a project ("an eligible development project as described in the Act;") shall be returned to the constituency operations account ("the accounts maintained for every consti...

Section 7. Funds to be retained in theFund Section 7(1) All receipts, savings and accruals to the Fund ("the National Government Constituencies Development Fund established under(1);") and the balance of the Fund ("the National Government Constituencies Development Fund established under(1);") at the end of each financial year shall be retained in the Fund ("the National Government Constituencies Development Fund established under(1);") , and applied in accordance with this Act. Section 7(2) All funds allocated to a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall be cumulative and shall be carried forward from one financial year to the next, including funds returned into the accounts in accordance with section 6 (3) or funds which are not utilized for whatever reasons. [Act No. 24 of 2022 , s. 6.]

Section 8. Emergency Reserve Section 8(1) A portion of the Fund ("the National Government Constituencies Development Fund established under(1);") , equivalent to five per centum (hereinafter referred to as the "Emergency Reserve") shall remain unallocated and shall be available for emergencies that may occur within the Constituency. Section 8(2) The Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall determine the allocation of the emergency reserve in accordance with the Act. Section 8(3) "Emergency" shall be construed to mean an urgent, unforeseen need for expenditure for which it is in the opinion of the committee that it cannot be delayed until the next financial year without harming the public interest of the constituents.

Section 9. Administration expenses Section The project management committee ("a committee or board of persons elected or nominated to implement a project or manage an institution, including a committee existing prior to the establishment of the Fund and which is assuming the responsibility of implementing a project funded under the Act;") shall set aside a sum not exceeding five per centum of the total allocation for the project ("an eligible development project as described in the Act;") to cater for the administration expenses of the project ("an eligible development project as described in the Act;") .

Section 10. Books of accounts to be kept Section The sums set aside under sections 8 and 9 shall be properly accounted for and proper books of accounts shall be kept and returns made to the Constituency Committee for that constituency on how the sum has been used.

Section 11. Audit Section All funds received under this Act shall be audited and reported upon by the Auditor-General.

Section 12. Constituency Account Section 12(1) For the purpose of disbursement of funds under this Act there shall be opened and maintained a constituency operations account ("the accounts maintained for every constituency in accordance with;") for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") at any commercial bank, which account shall be approved by the National Treasury and into which all funds shall be kept and such an account shall be known by the name of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") for which it is opened. Section 12(1A) Each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall open one deposit bank account for holding third party monies ("any monies withheld by the constituency in respect of retention monies for construction projects, accumulated gratuity or service pay and any other monies withheld by the constituency in relation to implementation of projects under this Act;") which shall so be designated and such an account shall be known by the name of the cons...

Section 13. Bank Account of theFund Section 13(1) A bank account of the Fund ("the National Government Constituencies Development Fund account maintained in accordance with;") shall be opened and maintained at the Central Bank of Kenya. Section 13(2) The signatories to the account of the Fund ("the National Government Constituencies Development Fund established under(1);") maintained in accordance with subsection (1), shall be the chief executive officer ("the chief executive officer of the Board appointed under;") and three other persons appointed by the Board ("the National Government Constituencies Development Fund Board established under;") from amongst its members. Section 13(3) The signing instructions shall be such that the signature of the chief executive officer ("the chief executive officer of the Board appointed under;") shall be mandatory on all payment cheques or, instruments intended for actual release of money from the Fund ("the National Government Constituencies Development Fund established under(1);") and at least one of the other three signatories. [Act No. 24 of 2022 , s. 8.]

Section 14. Establishment of theBoard Section 14(1) There is established a Board ("the National Government Constituencies Development Fund Board established under;") to be known as the National Government Constituencies Development Fund ("the National Government Constituencies Development Fund established under(1);") Board ("the National Government Constituencies Development Fund Board established under;") . Section 14(2)(a) suing and being sued; Section 14(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 14(2)(c) borrowing money or making investments; and Section 14(2)(d) doing or performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Section 15. Composition of theBoard Section 15(1)(a) the Principal secretary in the Ministry for the time being responsible for matters relating to national economic policy and planning or a designated alternate, not being below the level of Director of Planning; Section 15(1)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to finance or a designated alternate not being below the level of Deputy Director of Budget; Section 15(1)(c) the Attorney-General or a designated alternate not being below the level of Senior State Counsel; Section 15(1)(d) the principal secretary in the Ministry responsible for matters relating to education or a designated alternate not being below the level of Director; Section 15(1)(e) seven other persons, three of whom shall be of the opposite gender and at least one shall be a person with disability, qualified in matters relating to finance, accounting, engineering. economics, community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") development, public affairs, project ("an eligible development project as...

Section 16. Functions of theBoard Section consider project ("an eligible development project as described in the Act;") proposals submitted from various constituencies in accordance with the Act, approve for funding those projects proposals that are consistent with this Act and send funds to the respective constituency operations account ("the accounts maintained for every constituency in accordance with;") of the approved projects;

Section 17. Powers of theBoard Section receive gifts, donations, grants or other moneys and equipment and make legitimate disbursements therefrom;

Section 18. Conduct of the business and affairs of theBoard Section 18(1) The conduct and regulation of the business and affairs of the Board ("the National Government Constituencies Development Fund Board established under;") shall be as set out in the Second Schedule. Section 18(2) Except as provided in the Second Schedule, the Board ("the National Government Constituencies Development Fund Board established under;") may regulate its own procedure. Section 18(3) Where any issues of policy arise in the course of the performance of its functions under this Act, the Board ("the National Government Constituencies Development Fund Board established under;") shall refer the issue to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") . Section 18(4) The Board ("the National Government Constituencies Development Fund Board established under;") may, in the discharge of its functions under this Act, make official or impromptu visits to projects at such times, as it may deem appropriate.

Section 19. Vacancy Section dies;

Section 20. Chief executive officer of theBoard Section 20(1) There shall be a chief executive officer ("the chief executive officer of the Board appointed under;") of the Board ("the National Government Constituencies Development Fund Board established under;") who shall be recruited by the Board ("the National Government Constituencies Development Fund Board established under;") through a competitive process and recommendations made to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") for appointment, with the approval of the National Assembly. Section 20(2)(a) has a degree in finance, accounting, engineering, economics, community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") development, law or a related field from a recognized university; Section 20(2)(b) has at least ten years' working experience in the relevant field; and Section 20(2)(c) has served in a senior management position for a minimum period of five years. Section 20(3) The chief executive officer ("the c...

Section 21. Appointment of secretary to theBoard Section 21(1) There shall be a secretary to the Board ("the National Government Constituencies Development Fund Board established under;") who shall be appointed by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 21(2) The secretary shall be responsible for arranging the business of the Board ("the National Government Constituencies Development Fund Board established under;") 's meetings, keeping records of the proceedings of the Board ("the National Government Constituencies Development Fund Board established under;") , and shall perform such other duties as the Board ("the National Government Constituencies Development Fund Board established under;") may direct. Section 21(3) In the performance of the duties under this Act, the Secretary shall be responsible to the chief executive officer ("the chief executive officer of the Board appointed under;") . Section 21(4) The Board ("the National Government Constituencies Development Fund Board established under;") may in the absence of the secretary appoint any member of the Board ("the National Government Constituencies Developmen...

Section 22. Staff of theBoard Section 22(1) The Board ("the National Government Constituencies Development Fund Board established under;") shall appoint such officers and other staff as are necessary for the proper management of the Fund ("the National Government Constituencies Development Fund established under(1);") and discharge of its functions under this Act, upon such terms and conditions of service as it may determine. Section 22(2) The officer of the Board ("the National Government Constituencies Development Fund Board established under;") for each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall administratively report to the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") . Section 22(3) The Constituency committee shall participate in the annual appraisal of the officer of the Board ("the National Government Constituencies Development Fund Board established under;") seconded to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") based on criteria developed by the Board ("the National G...

Section 23. Finances of theBoard Section 23(1) The expenditure for running the Board ("the National Government Constituencies Development Fund Board established under;") and related purposes shall be set aside at the beginning of the financial year and not more than five per centum of the total allocation to the Fund ("the National Government Constituencies Development Fund established under(1);") in the financial year may be used for this purpose, the annual budget of which shall be approved by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") with the concurrence of the National Assembly Committee ("the National Assembly Select Committee established in accordance with;") . Section 23(2) The personal emoluments of Government officers working or involved in the management of the Fund ("the National Government Constituencies Development Fund established under(1);") shall be provided for under the recurrent expenditure of Government but any other emoluments or payments to such officers from the Fund ("the National Government Constituencies Development Fund established under(1);...

Section 19A. Filling of vacancy Section 19A(1)(a) invite applications from persons who qualify for nomination and appointment by advertisement in at least two daily newspapers with nationwide circulation; Section 19A(1)(b) consider the applications received to determine their compliance with the requirements set out in this Act; Section 19A(1)(c) shortlist the applicants; Section 19A(1)(d) conduct interviews for the shortlisted persons; and Section 19A(1)(e) recommend three qualified persons for each vacancy to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") for nomination for appointment. Section 19A(2) The Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;") shall within fourteen days of the receipt of the names of the persons recommended for nomination under sub-section 1(e), nominate one person for each vacancy and forward the names to the National Assembly for approval. Section 19A(3) The National Assembly shall, within twenty-one days of the day it next sits after rece...

Section 24. Projects to be in respect of national government functions Section A project ("an eligible development project as described in the Act;") under this Act shall only be in respect of works and services falling within the exclusive functions of the national government as provided in the Constitution. [Act No. 21 of 2023 , s. 6.]

Section 25. Funding of projects Section 25(1) Any funding under this Act shall be for a complete project ("an eligible development project as described in the Act;") or a defined phase of a project ("an eligible development project as described in the Act;") and may include the acquisition of land and buildings. Section 25(2) All projects shall be projects as defined under this Act and may include costs related to studies, planning and design or other technical input for the project ("an eligible development project as described in the Act;") but shall not include recurrent costs of a facility. Section 25(2A) Notwithstanding subsection (2), a sum not exceeding three per centum of the total annual allocation to a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") may be used for the payment of recurrent utilities costs and maintenance of constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") digital hubs. Section 25(3) Funds provided under this Act shall not be used for the purpose of supporting political bodies or political activities or for supporting religious bodies or...

Section 26. Unspent funds and Joint projects Section 26(1) Constituencies with unspent funds at the end of the financial year shall submit new proposals to the Board ("the National Government Constituencies Development Fund Board established under;") for approval in accordance with section 31 of this Act. Section 26(2) Constituencies may pool resources for joint projects provided that the decision for such joint projects shall first be approved by the Constituency Committees of each of the participating constituencies and shall be reflected on the projects listed for each of the participating constituencies. Section 26(3) Where constituencies have joint projects, the respective Constituency Committees shall co-ordinate the projects.

Section 54. Provisions in the Act are complimentary Section 54(1) The provisions of this Act shall be complimentary to any other development efforts by the national government or any other agency and nothing in this Act shall be taken or interpreted to mean that an area may be excluded from any other development programmes. Section 54(2) Deleted by ActNo. 21 of 2023, s. 15. [Act No. 21 of 2023 , s. 15.]

Section 55. Offences and penalties Section Any person who misappropriates any funds or assets from the Fund ("the National Government Constituencies Development Fund established under(1);") , or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act, commits an offence and shall, upon conviction, be liable to imprisonment for a term of not less than five years or to a fine of not less than five hundred thousand shillings, or both.

Section 56. Dispute resolution Section 56(1) All complaints and disputes by persons arising due to the administration of this Act shall be forwarded to the Board ("the National Government Constituencies Development Fund Board established under;") in the first instance. Section 56(2) Complaints of a criminal nature shall be forwarded by the Board ("the National Government Constituencies Development Fund Board established under;") to the relevant government agencies with prosecutorial powers. Section 56(3) Disputes of a civil nature shall be referred to the Board ("the National Government Constituencies Development Fund Board established under;") in the first instance and where necessary an arbitration panel whose costs shall be borne by the parties to the dispute, shall be appointed by consensus of the parties to consider and determine the matter before the same is referred to court. Section 56(4) Notwithstanding subsection (3), parties shall be at liberty to jointly appoint an arbitrator of their choice in the event of a dispute but where parties fail to jointly agree on an arbitrator, any of the parties may apply to the Cabinet Secretary ("the Cabinet Secretary for the time being...

Section 27. Identification and submission of projects Section 27(1) The chairperson of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall, within the first year of the commencement of a new Parliament and at least once every two years thereafter, convene open forum public meetings in every ward ("a ward administered by an assistant county commissioner under the National Government Coordination Act ();") in the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") to deliberate on development matters in the ward ("a ward administered by an assistant county commissioner under the National Government Coordination Act ();") and in the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") . Section 27(2) The Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") shall deliberate on project ("an eligible development project as described in the Act;") proposals from all the wards in the constituency ("one of the constituencies into which Kenya is divided un...

Section 28. Submission deadline Section 28(1) Every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall within three months of the official release of the budget ceilings for the constituencies or such other time as may be determined by the Board ("the National Government Constituencies Development Fund Board established under;") , submit a list of the ongoing and proposed constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") projects to the Board ("the National Government Constituencies Development Fund Board established under;") . Section 28(2) Where the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") fails to submit the list of constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") based projects to the Board ("the National Government Constituencies Development Fund Board established under;") within the stipulated time in subsection (1), the list shall be deemed to have been submitted to the Board ("the National Government Constituencies Developmen...

Section 29. Submission form Section 29(1) The list of projects shall be submitted on a Constituency Projects Submission Form set out in the Third Schedule to this Act accompanied by minutes of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") approving the projects. Section 29(2) All projects proposed for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall be listed in the Form together with the cost estimates, amounts allocated and amounts disbursed to such projects.

Section 30. Projects description Form Section For every project ("an eligible development project as described in the Act;") listed in the Constituency Projects Submission Form, there shall be attached a Project Description Form as set out in the Fourth Schedule.

Section 31. Approval of Projects Section 31(1) The list of projects received by the Board ("the National Government Constituencies Development Fund Board established under;") pursuant to section 27 shall be tabled for review at a meeting of the Board. Section 31(2) The Board ("the National Government Constituencies Development Fund Board established under;") shall scrutinize and approve for funding those project ("an eligible development project as described in the Act;") proposals that are consistent with the Act. Section 31(3) Where the Board ("the National Government Constituencies Development Fund Board established under;") does not approve a proposal submitted to it under this section, it shall refer the matter to the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") giving reasons as to why it has declined the proposal.

Section 32.Constituency Committeeto determine quantum of instalments Section The constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") Committee shall determine the quantum of installments for disbursement to projects within the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") , taking into account, the disbursement received and, the projects requirements. [Act No. 24 of 2022 , s. 12.]

Section 33. List to be serialised Section The projects listed for each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall be numbered by the Board ("the National Government Constituencies Development Fund Board established under;") and the serial numbers of all projects in a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall bear the number of the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") as delineated by the Independent Electoral and Boundaries Commission in order to ensure that a project ("an eligible development project as described in the Act;") retains the same serial number every year until its completion.

Section 34. Basis for budget ceiling Section 34(1)(a) three quarters of the amount specified in section 4(1) divided equally among all constituencies; Section 34(1)(b) an amount equal to a quarter of the amount specified in section 4(1) divided among all constituencies taking into account the number of wards in each constituency; Section 34(1)(ba) An amount that ensures that the total allocation to a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") is not less than the amount allocated to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in the preceding financial year; and Section 34(1)(c) subject to the provisions of section 8(1) and section 23(1) . Section 34(2) The Chairperson ("the Chairperson of the Board appointed under(3);") of the National Assembly Committee ("the National Assembly Select Committee established in accordance with;") shall table in the National Assembly a schedule showing the ceiling for each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") , which shall be determined in accorda...

Section 35. Criteria for projects Section 35(1) The types of projects submitted for funding under this Act shall comply with the provisions of this Act. Section 35(2) It shall be the responsibility of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") to ensure that the list of projects submitted for funding comply with the provisions of the Act and their total cost does not exceed the allowable ceiling for the particular constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") or is not below that ceiling. Section 35(3) If the list of projects submitted for funding is in contravention of subsection (2) the same shall be referred back to the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") for amendment and re-submission. Section 35(4) Whenever the amount for projects in a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") is less than the allowable ceiling for reasons of projects being rejected in accordance with subsection (3), or for whatever reas...

Section 32A.Constituency Committeeto inform theBoardof allocation Section The constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") Committee shall within forty-five days of allocating funds under section 32 , inform the Board of such allocation. [Act No. 24 of 2022 , s. 13.]

Section 36. Project management committee to implement Section 36(1) Projects under this Act shall be implemented by the project management committee ("a committee or board of persons elected or nominated to implement a project or manage an institution, including a committee existing prior to the establishment of the Fund and which is assuming the responsibility of implementing a project funded under the Act;") appointed in accordance with the regulations made under section 57 , with the assistance of the relevant department of Government, government registered private practitioners procured in accordance with the Public Procurement and Asset Disposal Act ( Cap. 412C ) and all payments through cheques or otherwise shall be processed and effected in accordance with government regulations for the time being in force. Section 36(2) Where a project ("an eligible development project as described in the Act;") in a constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") involves the purchase of equipment, such equipment shall remain for the exclusive use of that constituency ("one of the constituencies into which Kenya is divided under...

Section 37. Procurement of services and works Section All works and services relating to projects under this Act shall be procured in accordance with the provisions of the Public Procurement and Disposal Act, 2005 ( Cap. 412A ).

Section 38. Record of receipts and disbursement Section table such record at a meeting of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") ; and

Section 39. Records of disbursement to be kept Section 39(1) An accurate record of all disbursements made for projects to every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") shall be kept and updated every month by the Board ("the National Government Constituencies Development Fund Board established under;") . Section 39(2) The disbursement of funds to the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") fund account shall be effected at the beginning of the first quarter of each financial year with an initial amount equivalent to twenty-five per centum of the annual allocation for the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") and thereafter the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") fund account shall be replenished in three equal instalments at the beginning of the second, third and fourth quarters of the financial year. Section 39(3) The Chairperson ("the Chairperson of the Board appointed under(3);") of the Board ("the Nat...

Section 40. Project funding Section The Board ("the National Government Constituencies Development Fund Board established under;") shall ensure that the list of projects forwarded to it by each constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") is, upon approval, funded in accordance with the Act.

Section 41. Community initiative to be eligible Section 41(1) Projects initiated by a community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") shall be eligible for support under this Act provided that such projects shall be submitted with the other projects in conformity with the requirements of this Act. Section 41(2) Pursuant to subsection (1), a community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") shall, maintain an elected committee to represent the interests of that community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") during and after the implementation of the project ("an eligible development project as described in the Act;") and such a committee shall conform to the requirements of this Act.

Section 42. Duplication of projects to be avoided Section The Board ("the National Government Constituencies Development Fund Board established under;") shall ensure that no duplication of projects occur particularly where it is prudent to combine efforts on projects designed to benefit a large section of a community ("residents of a particular geographical area or region defined as a constituency,ward, location, sub location or village and having common interests;") which traverses two or more Constituencies.

Section 43. National Government Constituency DevelopmentFundCommittee Section 43(1) There is established a National Government Constituency Development Fund ("the National Government Constituencies Development Fund established under(1);") Committee for every constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") . Section 43(2)(a) the national government official responsible for co-ordination of national government functions; Section 43(2)(b) three men each nominated in accordance with subsection (3), one of whom shall be a youth ("a person who has attained the age of eighteen years but has not attained the age of thirty-five years") at the date of appointment; Section 43(2)(c) three women nominated in accordance with subsection (3), one of whom shall be a youth ("a person who has attained the age of eighteen years but has not attained the age of thirty-five years") at the date of appointment; Section 43(2)(d) one persons with disability nominated by a registered group representing persons with disabilities in the constituency ("one of the constituencies into which Kenya is divided under Article 89 of the Constitution;") in acco...

Section 44. Dissolution ofConstituency Committee Section 44(1)(a) serious violation of the Constitution or any other law including a contravention of Chapter Six; Section 44(1)(b) gross misconduct, whether in performance of the member's or office holder's functions or otherwise; Section 44(1)(c) incompetence; Section 44(1)(d) bankruptcy; or Section 44(1)(e) any other cause as may be deemed justifiable. Section 44(2) On receiving a petition under subsection (1), the Board ("the National Government Constituencies Development Fund Board established under;") may suspend the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") pending the outcome of the complaint. Section 44(3) The Board ("the National Government Constituencies Development Fund Board established under;") shall, consider the petition, hear all or part of the members of the committee and where it is satisfied that the petition discloses sufficient ground for dissolution, dissolve the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") . Section 44(4) Vacancies arising as a result of the removal of all the m...

Section 45. Staff of theConstituency Committee Section 45(1) The Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") may engage such staff as may be necessary for execution of its functions including persons with knowledge in information and communications technology, construction and basic accounting. Section 45(2) Staff employed under subsection (1) shall assist the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") in project ("an eligible development project as described in the Act;") monitoring, evaluation, co-ordination and proper keeping of records and such staff shall be remunerated from the funds allocated for administration and recurrent expenses of the Constituency Committee ("a National Government Constituency Development Fund Committee established under(1);") .