Government Financial Management (Community Development Trust Fund) Regulations, 2007 (L.N. No. 172 of 2007)

KenyaGazetteSupplementNo. 94 {LegisiativeSuPple"JentNo. 53} LEGAL NOTICI:1 No. 177 1801 5th October, 2007 nmGOVERNMENf fINANCIALMANAGEMENT ACT (No.5 0/20(4) IN nxnRCISE of the powers conferred by section 26 of the Government Financial. M~asement Act, 2004. the Minister for Finance makes thefoltowing'Regulations: mE OOVERNMENTFlNANCIAL MANAGEMENT {COMMUNITY oeVBLOPMBNJTRUST FUlID1'tUXiULATIONS, 2007 I. These Regulations maybe cited as the Govomment Financial Cilllion. Management (Community Development Trust Fund) Regulations. 2007. 2. In these Regulations, unless the context otherwise requires- In~OlI. "financial agreement" means the final document and its annexrures on the management of the Fund, signed between the Government of Kenya· and theCommission of the Eutepean Union or between the Government of Kenya and anyotherpersoJ"~ "flaaldocument" means II legally binding document drawn in ~witb the LoIIW Gonventioe lUld·the enllancemeRts prtlvided under a memorandum of understanding between the Govern~nt of Kenya and the Commission of the European Union, on the.National Indicative Program ofKenya or between·the Government of Kenya and any utber person, '<financial year" means the period of twelve months ending on the 30thJune In eachyear. "Founders" mP-Hn" the Government of K-eaya and the Commission of theEuropean Union; "Fund" melAS tbeCommunity Development TJ1IstFund established under regulation 3., "Lome Coavention'" means the ,Trade and Aid J\greement b«wten the Europeatl UnWlJ- and the African. Caf;ibbelill. arid Pacific Countries, first signed in Feln'uary. 1975 in Lome. Togo and any annexes and protocols thereto; "officer administering the Fund" .means the accounting'offICer of the Ministry for the time being responsible for matters relating to the Fund: ''ProjGCt Management Unit" means; the team respon"ihle for the 1802 LN. 30311996. Kenya Subsidiary Legislation. 2007 day to day operationsof the Fund,recruited. by the Trustees; "Rules ana Regulations" means the rules and regulations governiu8 the operations of theFUDd; "Trustee" means a person entrusted and jointly appointed by the Founders to operatethe Fund. 3. (1) There shall be a Fund known as the OJmmunity Development Trust Fund. (2}The Fund shall be the successor to the Community DcvelUpmeol Dust Pund.esmblislled under Ule Exclle.quer and Audit (Community Development TrustFund) ReaUlations.; 1996. (3) Subject to these Regulations., aJJ 1'i§1t$. duties andobligations of tile Community Development Trust .Fund cJl:isung at the commencement of these Regulations shall be transferred to the Fund and any reference to the Community Development Trust Fund in a contract ordocurnent s~li, for all purposes be deemed to he a reference to the Fund established undersub-section(l). (4) TheFund sball consist of f0) moniesappropriated byParliamentfor thatpurpose; (b) grants or donations madeto the Fund; or (c) any moBles from any other source provided for. lent or donatedto the Fund. 4. The object and purpose of the Fund is to provide fuDds for developmeftt prc>jecl:j ad<J.n.$8ing basic ~& of «JmlD\1niti~ .and individuals in Kenya. 5. (1) Any surplus funds realized in a financial year from the operations of the Fund shan be retained in a reserve account of the Fund iUld shaU be used by «heTruswes for mepurpose ot ttle Ftmd. (2) Any deficiency realized in a financial year shan. !Subject to the prior approvalof the Treasury, be offset against the realized surplus held in the reserve acCOlUft uf theFund. 6. (1) The expenditure on development projects shall be paid from the Fund and shall beon the basis of, awd limited to, the annual wack programs and cost estimates. (2) The: Project~lllC1llt 'Unit "hllll wbmi\ lu- ~·Tluliu:eli, the annual work program and cost estimates at the begiDAing of the fiDllncial'year to whichthe workprogram and cost estimatesrelate. (3) Any revisi~n of the approved annual work program and cost estimaleSshall be referred to tile Trustees for msh approval. 1. The Lome Convention in force and any other financial agreement shall govern the procurementof goods and services and the regulations and procedureson procurementof goods and services shalt be adhered to. Kenya Subsidiary Legisla1~ 2007 8. All receipts, earning" and accroalsOftheFund and thebalance of the Fund at the close of each financial year shall not be paid into the Consolidated Fund but shall be retained in It. reserve account for the purposes of theFund. 9. The officer administering theFund shall (a) supervise ana comrot me-admlntsuadoR of the Pund; (b) consult with the Trustees on matters relating to the administration of theFund; (c) impooe oonditiono on tho usc of uny expenditure authorized by him on his own behalf, and may impose any reasonable restriction or other equirement concerning use of expenditure; (d) caUK to be kc;pt p1"Op" boob of- count end other books and recordsrelating 10 theFund' and (e) prepare, sign and traesmir to-the Controller and Auditor General within three months after the end of each financial year, a stac;menl of accounts relatrng to the Fund for lhat year;in suchform as theTreasury maydirect 10. The Exchequer and Audit (Community Development Trust Fund) Regulations. 1996 arc revoked. Dated the.2Oth September. 1JXJ1. AMOSK1MUNYA. MUristerfor Finance. 1803 RetenliOllof ..'"'.....liop. of LN.303fl996.