Statistics Act

Section 1. Short title Section This Act may be cited as the Statistics Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "agency" includes individuals, institutions or groups of persons; "authorised officer" means a person appointed as such under section 10 ; "Board" means the Board of Directors of the Bureau established under section 5 ; "Bureau" means the Kenya National Bureau of Statistics established under section 3 ; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to statistics; "census" means a statistical operation in which all units of the population of interest are enumerated; "Chairman" means the Chairman of the Board of Directors; "co-ordination" includes technical advice to ensure that standards and methods are met and adherence to the code of practice in statistical production and dissemination; "Director-General" means the Director-General appointed under section 8 ; "Minister" deleted by ActNo. 16 of 2019, s. 2; "national statistical system" includes producers, suppliers and users of official statistics working under the supervision and co-ordination of the Bureau including ministries, departments and agencies; "official statistics" means statistics produced by the Bur...

Section 3. Establishment of the Bureau Section 3(1) There is established a Bureau to be known as the Kenya National Bureau of Statistics. 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; and Section 3(2)(d) doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate.

Section 4. Objectives and functions of the Bureau Section 4(1) The Bureau shall be the principal agency of the Government for collecting, analysing and disseminating statistical data in Kenya and shall be the custodian of official statistical information. Section 4(2)(a) planning, authorising, co-ordinating and supervising all official statistical programmes undertaken within the national statistical system; Section 4(2)(b) establishing standards and ensuring the use of best practices and methods in the production and dissemination of statistical information across the national statistical system; Section 4(2)(c) collecting, compiling, analyzing, abstracting and disseminating statistical information on the matters specified in the First Schedule; Section 4(2)(d) conducting the Population and Housing Census every ten years, and such other censuses and surveys as the Board may determine; Section 4(2)(e) maintaining a comprehensive and reliable national socio-economic database. Section 4(2)(f) developing and maintaining sampling frames of the Bureau; Section 4(2)(g) collaborating with and assisting the county governments or any other institutions in the production of official statisti...

Section 5. Establishment and composition of the Board Section 5(1)(a) a Chairman appointed by the President; Section 5(1)(b) the Principal Secretary in the Ministry for the time being responsible for Statistics; Section 5(1)(c) the Principal Secretary in the Ministry responsible for finance; and Section 5(1)(d) the private sector; Section 5(1)(d)(i) the private sector; Section 5(1)(d)(ii) the non-Governmental organizations; Section 5(1)(d)(iii) research institutions; Section 5(1)(d)(iv) the public universities; and Section 5(1)(d)(v) the National Council for Population and Development. Section 5(2) Every appointment to the Board under section 6 (1) shall be by name and by notice in the Gazette and shall be for a renewable period of three years. Section 5(3)(a) statistics; Section 5(3)(b) information technology; Section 5(3)(c) economics; Section 5(3)(d) social sciences; or Section 5(3)(e) mathematics,

Section 6. Functions of the Board Section 6(1)(a) formulate and monitor the implementation of policies pertaining to the Bureau; Section 6(1)(b) determine from time to time, the structure and staffing levels of the Bureau; Section 6(1)(c) recruit suitable staff for the Bureau upon such terms and conditions as it may determine; Section 6(1)(d) promote professionalism by facilitating professional training and ensuring discipline among the staff; Section 6(1)(e) approve the Bureau’s corporate plan, annual work programmes and annual budgets; and Section 6(1)(f) submit to the Cabinet Secretary a quarterly report on the activities of the Bureau. Section 6(2) The Board may collaborate with such other bodies within or outside Kenya as it may consider desirable or appropriate in furtherance of the purpose for which the Bureau is established. [Act No. 16 of 2019 , s. 6.]

Section 7. Conduct of business and affairs of the Board Section The provisions of the Second Schedule shall apply with respect to conduct of the business and affairs of the Board.

Section 8. Director-General Section 8(1) There shall be a Director-General of the Bureau who shall, subject to this section, be appointed by the Board, on such terms and conditions of service as the Board may determine. Section 8(2)(a) meets the requirements of Chapter Six of the Constitution; Section 8(2)(b) has a masters degree in statistics, economics, demography or mathematics from a recognised university; and Section 8(2)(c) has at least ten years' experience in the management of a public or private institution. Section 8(3) The Director-General shall be the chief executive officer of the Bureau and the secretary to the Board and the committees. Section 8(4)(a) be responsible for the day-to-day management of the Bureau; Section 8(4)(b) manage the funds and property of the Bureau; Section 8(4)(c) be responsible for the management of the staff of the Bureau; Section 8(4)(d) the annual work programmes of the Bureau; and Section 8(4)(d)(i) the annual work programmes of the Bureau; and Section 8(4)(d)(ii) the annual budget, and audited accounts of the Bureau.

Section 9. Staff of the Bureau Section The Board may appoint such officers and staff as may be necessary for the proper and efficient discharge of the functions of the Bureau, on such terms and conditions of service as it may determine.

Section 10. Authorized officers Section The Director-General may, in writing, appoint any person as an authorized officer for the purposes of the carrying out of the provisions of this Act.

Section 11. Oath of secrecy Section Every person employed by the Board under the provisions of this Act shall take the oath of secrecy prescribed in the Third Schedule, before a Magistrate, Commissioner for Oaths, or the Director-General, before commencing the duties relating to the provisions of this Act. Provided that the provision of this section as to secrecy shall only apply to exempt information provided for in section 6 of the Freedom of Information Act, 2012. [Act No. 31 of 2016 , Sch.]

Section 12. Funds of the Bureau Section such sums as the Cabinet Secretary may, with the consent of the Treasury, make available for the purposes of this Act out of monies provided by Parliament;

Section 13. Annual estimates Section The Board shall, not less than four months before the commencement of any financial year, prepare and submit to the Cabinet Secretary for approval in concurrence with the National Treasury, estimates of the Bureau’s revenue and expenditure for that financial year, and once such approval has been given no expenditure shall be made for which provision has not been made in such estimates. [Act No. 16 of 2019 , s. 9.]

Section 14. Annual Report Section 14(1)(a) a report on the operations of the Bureau; and Section 14(1)(b) such other information as the Board may deem necessary to include. Section 14(2) The Board shall bring the contents of the report prepared in accordance with subsection (1) to the attention of the national statistical system in such manner as it may deem appropriate. Section 14(3) The Cabinet Secretary shall, upon receipt of the annual report under this section, place it before the National Assembly within a period of fourteen days of the day the National Assembly next meets after such receipt.

Section 15. Accounts and Audit Section 15(1) The Board shall keep or cause to be kept proper books of account of the Bureau. Section 15(2) The accounts of the Bureau shall be audited and reported upon in accordance with the Public Audit Act ( Cap. 412B ).

Section 3A. Request for legal advice Section The Bureau may request for legal advice or representation from the Office of the Attorney-General. [Act No. 16 of 2019 , s. 3.]

Section 3B. Professional independence Section The Bureau shall have professional independence and shall observe the fundamental principles relating to statistics as set out in the Fourth Schedule. [Act No. 16 of 2019 , s. 3.]

Section 3C. Headquarters of the Bureau Section The Bureau shall have its headquarters in Nairobi but may establish any other offices in the country for the discharge of its functions. [Act No. 16 of 2019 , s. 3.]

Section 8A. Corporation Secretary Section 8A(1) There shall be a Corporation Secretary of the Bureau who shall, subject to this section, be appointed by the Board, on such terms and conditions of service as the Board may determine. Section 8A(2)(a) holds a degree in law from a recognized university; Section 8A(2)(b) is an advocate of the High Court of not less than eight years' standing; Section 8A(2)(c) is a registered Certified Public Secretary in good standing with the Institute of Certified Public Secretaries of Kenya; and Section 8A(2)(d) meets the requirements of Chapter Six of the Constitution. Section 8A(3)(a) co-ordinating the preparation of Board papers and circulating to members of the Board; Section 8A(3)(b) taking minutes in meetings of the Board and communicating the resolutions of the Board; Section 8A(3)(c) ensuring safe custody of the minutes, decisions and documents of the Board; Section 8A(3)(d) ensuring the safe custody of the seal of the Bureau; Section 8A(3)(e) drafting legal documents on behalf of the Bureau; Section 8A(3)(f) attending court proceedings on behalf of the Bureau; Section 8A(3)(g) advising the Board on any legal matters; and Section 8A(3)(h) any...

Section 16. Collection of information Section The Bureau shall collect any statistical information estimates or returns concerning any matter set out in the First Schedule to this Act.

Section 17. Power to Order Census Section the date or dates on or between which the census is to be taken;

Section 18. Other censuses or surveys Section 18(1) Any agency other than the Bureau, wishing to conduct a census or survey at national, or local level shall seek the approval of the Board. Section 18(2) The agency referred to in subsection (1) shall submit its plans to the Board three months before the intended survey, and the Board may approve or decline to approve such plans. Section 18(3) An agency which obtains approval under subsection (2) shall upon completion of the survey, submit copies of its report to the Board.

Section 19. Supply of Information Section 19(1) Where any census is being taken or any statistical information is being collected under this Act, an authorised officer may, in the manner specified in this section, require any person to supply him with such particulars as may be prescribed or such particulars as may be required in relation to the taking of the census or the collection of the information. Section 19(2) A person required to provide information under subsection (1) shall, to the best of his knowledge, information and belief, complete such forms, make such returns, answer such questions and give such information in such manner and within such time as may be specified by the authorized officer. Section 19(3) An authorized officer may require any person or establishment to supply him with particulars either by interviewing the person or by leaving at or posting to his last known address or by sending through electronic means a form having thereon a notice requiring the form to be completed and returned in such manner and within such time as shall be specified in the notice. Section 19(4) Where any particulars are, by any document issued by an authorized person, required t...

Section 20. Power to access information Section 20(1) This provision limits the right to privacy as provided for under article 31. Section 20(2) Any person or household having custody of, or being in charge of, any record or document from which information sought in furtherance of the purposes of this Act can, in the opinion of the Director-General, be obtained, or which would aid in the completion or correction of information already obtained, shall grant the Director- General access to such records or documents for the purposes of obtaining therefrom the required information. [Act No. 16 of 2019 , s. 12.]

Section 21. Power of entry Section 21(1) This provision limits the right to privacy as provided for under Article 31 of the Constitution. Section 21(2)(a) the collection of statistical information, enter and inspect any land, building, vehicle or vessel where persons are employed, other than a dwelling-house; Section 21(2)(b) the taking of a census, enter any land or building, vehicle or vessel where persons are employed, and in either case may make such inquiries for the collection of information, or the taking of the census, as the case may be.

Section 22. Restriction on disclosure of information Section 22(1)(a) an individual return or part thereof made for the purposes of this Act; Section 22(1)(b) an answer given to any question put for the purposes of this Act; or Section 22(1)(c) a report, abstract or other document containing particulars comprised in any such return or answer so arranged as to identify such particulars with any person or undertaking, Section 22(2) The provisions of this Act shall not affect any law relating to the disclosure of any official secret or confidential information or trade secret.

Section 23. Director-General may give information Section 23(1)(a) to use the information so obtained only for research purposes; and Section 23(1)(b) not to release such information to any other person except with the prior written consent of the Director-General. Section 23(2) The Director-General may, with the approval of the Board, cause statistical data collected by the Bureau to be disseminated to the public after ascertaining its accuracy and safeguarding the confidentiality with respect to the information. Section 23(3) The Director-General may, with the approval of the Board, cause any official statistical data collected, analysed and disseminated by the Bureau to be cancelled, revised or adjusted where such data is found not to be accurate: Provided that where such data relates to the size of the population, the Board shall inform the Cabinet Secretary accordingly and the Cabinet Secretary shall seek the approval of the full Cabinet to make the desired cancellation, revision or adjustment. Section 23(4) The Cabinet Secretary shall, within fourteen days of receiving approval under subsection (3), publish the official data which is cancelled, revised or adjusted, in the Gaz...

Section 24. Obstruction Section 24(1) Any person who hinders or obstructs the Director-General or any authorized officer in the execution of any powers conferred under this Act, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both. Section 24(2) Any person who wilfully fails to give any information or particular as required under this Act commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both. [Act No. 16 of 2019 , s. 15.]

Section 25. Special reports and investigations Section 25(1)(a) the quantity and the value of any description of the goods manufactured, produced, exported or sold; Section 25(1)(b) the economic and social characteristics of employees; Section 25(1)(c) the amount and extent of any investment; or Section 25(1)(d) any other information which is furnished or supplied under this Act, Section 25(2) Nothing contained in this section shall be construed as requiring the disclosure of any information obtained under this Act to a Ministry, department or authority for the purpose of taxation.

Section 26. Offences Section makes a statement which he knows to be false or has no reason to believe to be true in any returns or estimates in response to a reasonable request for information for the purposes of this Act;

Section 27. Protection from personal liability Section 27(1) Subject to subsection (2), no matter or thing done by a member of the Board or any other officer, employee or agent of the Bureau shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Bureau under this Act, render the member, officer, employee or agent of the Board personally liable to any action, claim or demand whatsoever. Section 27(2) The provisions of subsection (1) shall not relieve the Bureau of the liability to pay compensation or damages to any person for the injury to him or damage to his property or any of his interests caused by the exercise of any powers conferred by this Act or any other written law, or any failure, whether wholly or partially of any works.

Section 28. Exemption from stamp duty Section No stamp duty shall be chargeable in respect of any instrument executed by or on behalf of or in favour of the Bureau which, but for this section, the Bureau would be liable to pay.

Section 29. Regulations Section prescribe the particulars to be furnished in relation to any matter in respect of which statistical information may be collected under this Act;

Section 30. Supercession Section Where any conflict arises between the provisions of this and any other Act with respect to the collection, analysis and dissemination of official statistics, the provisions of this Act shall prevail.

Section 32. Transitional provisions Section all the funds, assets and other property, movable and immovable, which immediately before the coming into operation of this Act, were held by the Government for the Central Bureau of Statistics shall, by virtue of this subsection and without further assurance, vest in the Bureau;