The Statistics Act
The Bureau may share individual statistical records only for bona fide research or statistical purposes, and only if identifying details are removed and the disclosure will not likely identify the person or business.
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The Bureau may share individual statistical records only for bona fide research or statistical purposes, and only if identifying details are removed and the disclosure will not likely identify the person or business. The Bureau must take necessary steps to keep official statistics secure and confidential. The Bureau or each agency must account for and destroy individual census and survey forms and returns after the data have been processed, validated, and published. Authorized Bureau officers may require people to provide statistics-related particulars, and the required person must complete forms, answer questions, and give information as specified. If the Statistician General believes statistics can be obtained from a government institution, agency, user, or producer, they must grant Bureau staff access to get the needed information.
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Provisions of The Statistics Act
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- 33
AI-assisted research summary: The Bureau may share individual statistical records only for bona fide research or statistical purposes, and only if identifying details are removed and the disclosure will not likely identify the person or business.
33.-(1) Subject to subsection (2), the Bureau may disclose information in the form of individual statistical record solely for bona fide research or statistical purposes provided that- (a) all identifying information such as the name and address of a respondent has been removed; and (b) the information is disclosed in a manner that is not likely to enable the identification of the particular person, undertaking or business to which it relates. 19 The Statistics Act [CAP. 351 R.E. 2019] Security of recorded information Act No. 8 of 2018 s.21 Destruction of individual forms and returns Power to obtain particulars Cap. 4 s. 8 (2) Every person to whom any statistical records are disclosed pursuant to this section shall- (a) not attempt to identify any particular person, undertaking or business; (b) use the information for research or statistical purposes only; (c) not disclose information to any other person or organization; (d) comply with any directions given by the Statistician General relating to the records. - 34
AI-assisted research summary: The Bureau must take necessary steps to keep official statistics secure and confidential.
34. The Bureau shall take all necessary steps to ensure the security and confidentiality of the official statistics collected by the Bureau or made available to the Bureau by other agencies are kept in accordance with the provisions of this Act. - 35
AI-assisted research summary: The Bureau or each agency must account for and destroy individual census and survey forms and returns after the data have been processed, validated, and published.
35.-(1) The Bureau or each agency shall account for and destroy all individual censuses and surveys forms and returns used for the purposes of this Act after the data have been processed, validated and published. (2) Individual censuses forms and surveys forms under sub-section (1) shall be destroyed within five years since the data was processed, validated and published. the provisions of - 36
AI-assisted research summary: Authorized Bureau officers may require people to provide statistics-related particulars, and the required person must complete forms, answer questions, and give information as specified.
36.-(1) Where any census or a survey is being taken or any other statistics are being collected in accordance with this Act, an authorized officer or staff of the Bureau may, in the manner specified in subsection (2), require any person to supply him with such particulars as may be prescribed or such particulars as the Statistician General may consider necessary or desirable in relation to the taking of such census or the collection of such statistics. (2) A person who is required to supply any particulars pursuant to subsection (1) shall, to the best of his knowledge, information and belief, complete 20 The Statistics Act [CAP. 351 R.E. 2019] forms, make returns, answer questions and give all such information, in such manner and within such time as may be specified by the authorized officer or staff of the Bureau. (3) An authorized officer or staff of the Bureau may, at all reasonable times and upon production of his authorisation- (a) in relation to census or a survey, enter and inspect any premises including house; and (b) in relation to the collection of other statistics, enter and inspect any premises where activity for profit or gain is carried on, and in either case may make such inquiries as may be necessary for the taking of the census or the collection of the statistics as the case may be. - 37
AI-assisted research summary: If the Statistician General believes statistics can be obtained from a government institution, agency, user, or producer, they must grant Bureau staff access to get the needed information.
37.-(1) Where the Statistician General is of the opinion that, the collection of statistics relating to any matter may be obtained from any Government institution, agency, or user or producer of statistics, he shall grant access to any authorized officer or staff of Bureau for the purposes of getting the information required. (2) Subject to subsection (1), the information obtained shall be in relation to the collection of statistics which have been approved or directed for completion or collection of statistics. PART IV FINANCIAL PROVISIONS Access to public and other records Act No. 8 of 2018 s. 21 Funds of the Bureau
Part
PART IV
- 38
AI-assisted research summary: The Bureau’s funds and resources come from parliamentary appropriations, money earned from its products and services, borrowed or otherwise provided sums for its functions, and donations, grants, and bequests.
38. The funds and resources of the Bureau shall consist of- (a) sums as may be appropriated by Parliament for the Bureau; (b) moneys received for products provided and services rendered by the Bureau; 21 The Statistics Act [CAP. 351 R.E. 2019] Estimates Act No. 8 of 2018 s. 21 Accounts Act No. 8 of 2018 s. 21 (c) sums borrowed, received by or made available to the Bureau for the purposes of the discharge of its functions; (d) donations, grants and bequests as the Bureau may receive from any person or body of persons. - 39
AI-assisted research summary: The Statistician General must prepare and submit the Bureau’s business plan and estimates to the Board at least three months before the end of each financial year, and the Board must forward them to the Minister for approval. Bureau spending is not allowed unless it is within a Minister-approved estimate.
39.-(1) The Statistician General shall, not later than three months before the end of each financial year, prepare and submit to the Board, the Business Plan and estimates of income and expenditure of the Bureau for the next ensuing financial year. (2) The Board shall forward to the Minister the Business Plan and estimates prepared under subsection (1) for approval. (3) No expenditure shall be made out of funds of the Bureau unless such expenditure is part of the estimate of expenditure approved by the Minister under subsection (2). - 40
AI-assisted research summary: The Bureau must keep proper books of accounts, and the Statistician General must prepare an annual statement within three months after each financial year end.
40.-(1) The Bureau shall keep proper books of accounts. (2) Subject to any directions given by the Board, the Statistician General shall prepare in respect of each financial year, and not later than three months after the close of the financial year a statement which shall include a report on the performance of the Bureau during that financial year. (3) The statement prepared under subsection (2) shall comprise of- (a) a balance sheet and a statement of income and expenditure of the Bureau in respect of that financial year; and (b) any other information in respect of the the financial affairs of Minister may, in writing, require. the Bureau as 22 The Statistics Act [CAP. 351 R.E. 2019] Audit Act No. 8 of 2018 s. 21 Annual Performance Report Offences and penalties Acts Nos. 8 of 2018 ss.21, 29 9 of 2019 s. 60 Cap. 4 s. 8 - 41
AI-assisted research summary: The Statistician General must send the statement of accounts for auditing within 3 months after each financial year ends, then send the audited financial statements and the auditor’s report to the Minister within 2 months after receiving the audited report.
41.-(1) The accounts of the Bureau shall, in respect of each financial year, be audited by the Controller and Auditor-General or by an Auditor appointed by the Controller and Auditor General. (2) The Statistician General shall, within three months after the close of each financial year, submit to the Controller and Auditor General, for auditing the statement of accounts described in section 34 of this Act. (3) The Statistician General shall as soon as possible but not later than two months after receiving the audited report from the Controller and Auditor General, submit to the Minister the audited financial statements and a report of the auditor on these statements. - 42
AI-assisted research summary: The Board must prepare and submit an annual report to the Minister within four months after each financial year ends, and the Minister must lay a copy before the National Assembly.
42. The Board shall prepare and submit to the Minister within four months after the close of each financial year, the annual report on the performance of the Bureau during that financial year, and the Minister shall cause a copy of the report to be laid in the National Assembly. PART V OFFENCES AND PENALTIES
Part
PART V
- 43 Verify source ↗
Offences and Penalties
AI-assisted research summary: Section 43 creates offences for Bureau employees and other persons who misuse official information, obstruct Bureau officers, give false information, refuse required answers or documents, impersonate Bureau staff, or otherwise breach the Act, with fines and possible imprisonment.
43.-(1) Any person being an employee of the Bureau who- (a) by virtue of his employment becomes possessed of any information which might influence or affect the market value of any share or other security, interest, product or article and who, before such information is made public, directly or indirectly uses such information for personal gain; (b) without lawful authority publishes or communicates to any person otherwise than in the ordinary course of his employment any 23 The Statistics Act [CAP. 351 R.E. 2019] information acquired by him in the course of such employment; in (c) deserts from his duty, or wilfully makes any declaration, statement or return the performance of his duties, or compiles for issue any false statistics or information; (d) in the performance of his duties, obtains or seeks to obtain information that the person is not duly that information; to obtain authorized (e) asks, receives or takes, in respect of or in connection to his employment under this Act from any person other than a public officer duly authorized thereto, any payment or reward, commits an offence and shall be liable, upon conviction, to a fine of not less than two million shillings or to imprisonment for a term of not less than six months or to both. (2) Any person who, being in possession of any official statistics which to his knowledge has been disclosed in contravention of the provisions of this Act, publishes or communicates to any other person such information, commits an offence and shall be liable on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than twelve months or to both. (3) Any person who- (a) hinders or obstructs any authorized officer or staff of Bureau in the lawful performance of any duty or in the exercise of power conferred under this Act; (b) refuses or wilfully neglects to- (i) complete and supply within the time specified the particulars required in any return, form or other document left with or sent to him; or 24 The Statistics Act [CAP. 351 R.E. 2019] (ii) answer any question directed to him under this Act; (c) make in any return, form or other document completed by him under this Act, any statement which is untrue; (d) without lawful authority, destroys, defaces or mutilates any return, form or other document containing particulars collected under this Act; (e) not being an authorized officer or staff of the Bureau assumes the duties of, or represents himself to be a staff of Bureau; (f) incites or counsels any other person not to participate in the activity relating to data collection under this Act; (g) does anything which he is not entitled to do under this Act; (h) refuses without reasonable cause to grant records or documents in accordance with sections 36 and 37; (i) contravenes any provision of this Act, in respect of which no specific offence has been stated, commits an offence and shall be liable on conviction to a fine of not less than one million shillings or to imprisonment for a term of not less than six months or to both. (4) [Ommitted.] PART VI MISCELLANEOUS PROVISIONS Regulations
Part
PART VI
- 44
AI-assisted research summary: The Minister may make regulations to help carry this Act into effect.
44. The Minister may, for the better carrying this Act, make the provisions of into effect of Regulations- (a) prescribing National coordinated; the manner in which System may the be Statistic 25 The Statistics Act [CAP. 351 R.E. 2019] Repeal and savings Cap. 351 (b) prescribing the fees and charges to be paid for any special report supplied, or any special statistical services rendered; information or (c) making addition to or deletion from or otherwise vary the matters specified in the Third Schedule; and (d) on all matters which are reasonably and in accordance with the laws regulating statistics in the country for the better performance of the provisions of this Act. - 45
AI-assisted research summary: This section says subsection (1) is repealed, but earlier actions, appointments, proceedings, and orders under the repealed Act are treated as if they were done under this Act.
45.-(1) [Repealed.] (2) Notwithstanding the provisions of subsection (1)- (a) anything done or any action taken or purported to have been done or taken under the repealed Act shall be deemed to have been done or taken under this Act; (b) all appointments made under the repealed Act and which have not been revoked immediately before coming into operation of this Act shall be deemed to have been made under this Act and shall remain in force until they are revoked or fresh appointments are made under this Act; and (c) all legal proceedings instituted or Orders made under the repealed Act shall continue and be deemed to be proceedings or Orders made under the provisions of this Act. Inconsistency with other legislation - 46 Verify source ↗
Regulations
AI-assisted research summary: If this Act conflicts with other written laws on official statistics, this Act applies to the extent of the inconsistency.
46. Where any provision of this Act is in conflict or is otherwise inconsistent with the provisions of any other written laws relating to official statistics, the provisions of this Act shall prevail to the extent of such inconsistency. 26 The Statistics Act [CAP. 351 R.E. 2019] Tenure of appointment Cap. 4 s. 8 Termination of appointment Cessation of membership Cap. 4 s. 8 Vice-Chairman Power of Chairman and Vice-Chairman ______________ FIRST SCHEDULE _____________ (Made under section 7(5)) _____________ PROVISIONS RELATING TO THE BOARD - 1
AI-assisted research summary: Board members serve for three years from appointment and may be re-appointed. A member may resign by written notice to the appointing authority, and some members stop being members when they leave the office tied to membership.
1.-(1) Every member of the Board shall continue to hold the office for a term of three years from the date of appointment and shall be eligible for re-appointment. (2) Notwithstanding sub-paragraph (1), a member may resign at anytime by giving notice in writing to the appointing authority and from the date specified in the notice or, if no date is so specified in the notice from the date of the receipt of the notice by the appointing authority; he shall cease to be a member. (3) A person who is a member by virtue of his office shall cease to be a member upon ceasing to hold the office by virtue of which he is a member. - 2
AI-assisted research summary: If a Board member misses three consecutive meetings without reasonable excuse, the Board must notify the appointing authority, who may end that member’s appointment and replace them.
2. Where any member of the Board absents himself from three consecutive meetings of the Board without reasonable excuse, the Board shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of such a member and appoint a new member in his place. - 3 Verify source ↗
Short title
AI-assisted research summary: If a Board member leaves office or cannot perform the role, the appointing authority may appoint a replacement, who serves out the rest of the predecessor’s term.
3. Where any member of the Board ceases to be a member by resignation or death or is unable to perform his functions as such member by reason of absence from the United Republic or by reason of any infirmity of body or mind or where the appointing authority terminates his appointment under paragraph 2, the appointing authority may appoint another member in his place and the member so appointed shall, subject to the provisions of this Schedule, hold office for the remaining term of his predecessor. - 4
AI-assisted research summary: The Board must choose one of its members to serve as Vice-Chairman.
4. The Board shall elect one of its members to be a Vice- Chairman and any member elected as Vice-Chairman shall, subject to his continuing to be a member hold office of Vice-Chairman for a term to be fixed by the Board and shall be eligible for re-election after the end of that period. - 5
AI-assisted research summary: The Chairman must preside at Board meetings, or the Vice-Chairman if the Chairman is absent; if both are absent, members present may elect a temporary Chairman.
5.-(1) The Chairman shall preside at all meetings of the Board. (2) Where at any meeting of the Board the Chairman is absent the Vice-Chairman shall preside. (3) In the absence of both the Chairman and Vice-Chairman at any meeting of the Board, the members present may, from amongst their number elect a temporary Chairman who shall preside at that meeting. (4) The Chairman, Vice-Chairman or temporary Chairman presiding at any meeting of the Board shall have a right to vote and in the event of an equality of votes, shall have a casting vote in addition to his 27 The Statistics Act [CAP. 351 R.E. 2019] Meeting and procedure of Board Cap. 4 s. 8 deliberative vote. - 6 Verify source ↗
Continuation of the Bureau
AI-assisted research summary: The Chairman must call ordinary Board meetings and send notice to each member at least 14 days in advance; the Board ordinarily meets four times a year; the Chairman may call extraordinary meetings and invite non-members to participate, but non-members invited to deliberate cannot vote.
6.-(1) An ordinary meeting of the Board, shall be convened by the Chairman and the notice specifying the place, date and time of the meeting shall be sent to each member at his usual place of business or residence not less than fourteen days before the date of such meeting. (2) The Board shall ordinarily meet four times in a year, but the Chairman may convene an extraordinary meeting when the need to do so arise. (3) The Chairman of the Board may invite any person who is not a member to participate in the deliberations of the Board, such person shall not be entitled to vote. Quorum - 7
AI-assisted research summary: A Board meeting has a quorum when the Chairman and three other members are present.
7. The Chairman and three other members shall form a quorum for a meeting of the Board. Decision by circulation of papers - 8
AI-assisted research summary: If the Chairman directs it, the Board may make a decision without a meeting by circulating the papers and getting members’ written views. A member may require the decision to be deferred and dealt with at a Board meeting.
8.-(1) Notwithstanding the provision of paragraph 7, where the Chairman so directs, a decision may be made by the Board without a meeting by circulation of the relevant papers among all the members and the expression in writing of their views. (2) Subject to subparagraph (1), a member shall be entitled to require such decision be deffered and such matter be considered at a meeting of the Board. Minutes of Meeting - 9
AI-assisted research summary: Board meeting minutes must be kept, confirmed at the next meeting, and signed by the Chairman at the meeting.
9. Minutes of each meeting of the Board shall be kept, and shall be confirmed by the Board at the next meeting and signed by the Chairman at the meeting. Authentication of Seal Act No. 8 of 2018 s. 21 - 10
AI-assisted research summary: The Board’s seal must not be placed on deeds, documents, or other instruments unless the required officials are present.
10. The Seal of the Board shall not be affixed to any deed, document and other instruments except in the presence of the Chairman and the Statistician General, or either the Chairman or the Statistician General and one other member of the Board as the Board may appoint in that behalf. Execution of document Act No. 8 of 2018 s. 21 Validity of proceedings - 11
AI-assisted research summary: The Board’s documents and decisions may be signed off by the Statistician General or an officer authorized by the Statistician General, except documents that must legally be under seal.
11. All documents to which the Board is a party other than documents required by law to be under seal and all decisions of the Board, may be signified under the hand of the Statistician General or other officer authorized by the Statistician General in that behalf. 12. No act or proceedings of the Board shall be invalid by reason of the number of members not being complete at the time of such act or proceedings or of any defect in the appointment of any member or the fact that any member was at the time disqualified or disentitled to act as such. Board to regulate proceedings - 13
AI-assisted research summary: The Board may regulate its proceedings, and anyone taking the oath of secrecy must keep employment-related information confidential unless authorized.
13. Subject to the provisions of this Schedule the Board may regulate its proceedings. 28 The Statistics Act [CAP. 351 R.E. 2019] ____________ SECOND SCHEDULE ___________ (Made under section 14 __________ OATH OF SECRECY EITHER: I, ........................................................ do hereby make oath/solemnly affirm that I shall faithfully and honestly fulfill my duties as .......................................................... in conformity with the requirements of the Statistics Act and that I shall not, without due authority in that behalf disclose or make known any matter or thing which comes to my knowledge by reason of my employment as such. ………………………… DEPONENT Sworn/affirmed before me this ....................... day of ....................... 20............... OR: ............................................... Commissioner for Oaths I, ........................................................................................ do solemnly and sincerely declare that I will faithfully and honestly fulfill my duties as an enumerator in a population and housing census in conformity with the requirements of the Statistics Act and that I shall not, without due authority in that behalf declare or make known or make use of any matter or thing which comes to my knowledge by reason of my employment as such. ………………………… DEPONENT Declared at ………………………… this ............................day of .................... 20........ Before me: Name ………………………………… Qualification………………………….. Address……………………………….. Signature……………………………… 29 The Statistics Act [CAP. 351 R.E. 2019] ___________ THIRD SCHEDULE ____________ (Made under sections 22(1) and 24(1)) ____________ COLLECTION OF STATISTICS AND SAMPLING - 39
AI-assisted research summary: This provision lists a range of subject areas covered by the section, including civil registration, trade, labour, finance, education, transport, justice, environment, ICT, and related matters.
39. Civil Registration and Vital Statistics Migration External Trade, Balance of Payment and Tourism National Accounts Agriculture Construction Industry ( Mining, Manufacturing, Electricity and Water) Labour Market Government Finance, Fiscal and Public Sector Poverty and Income Distribution Social, Education, Labour and Industrial matters including associations of employers, employees and other persons generally Banking, Insurance and Finance generally Commercial and Professional undertakings Distributive Trade Education and Health Transport and Communication in all forms such as land, water or air Injuries, Accidents and Compensation Stock of manufactured goods Sweepstakes, Lotteries, Charitable and other public collections of money Land tenure, Occupation and use of land Local Government Authorities Crime and Justice Environment Household based surveys Entrepreneurship Information, Communication and Technology Community, Social welfare and Personal services Gender Meteorology Business Price Energy Investment Water supply and Sanitation Research and Innovation Development Valuable items Governance Advertisement Establishment __________________________________ 30
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