Kitui County Emergency Fund Act, 2018 (No. 4 of 2018)

SPECIAL ISSUE Kenya Gazette Supplement No. 12 (Kitui County Acts No.4) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT KITUI COUNTY ACTS, 2018 NAIROBI, 17th August, 2018 CONTENT Act PAGE The Kitui County Emergency Fund Act, 2018 ................................................1 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI THE KITUI COUNTY EMERGENCY FUND ACT, 2018 No.4 of 2018 Date of Assent: 8th August, 2018 Date of Commencement: See Section 1 ARRANGEMENT OF SECTIONS Section 1—Short title. 2—Interpretation. 3—Establishment of the Fund. 4—Purpose of the Fund. 5—Officer responsible for administering the Fund. 6—Power of County Executive Committee Member. 7—Limitation of powers of County Executive Committee Member. 8—Accruals. 9—Approval by County Assembly. 10—Financial Statement. 11—Regulations. No.4 Kitui County Emergency Fund 2018 THE KITUI COUNTY EMERGENCY FUND ACT, 2018 AN ACT of the County Assembly of Kitui to establish a Kitui County Emergency Fund, provide for its management, operation and for connected purposes ENACTED by the County Assembly of Kitui, as follows PART I— PRELIMINARY This Act may be cited as the Kitui County Short title. Emergency Fund Act, 2018 and shall come into operation upon gazettement in the County Gazette or Kenya Gazette. In this Act, unless the context otherwise requires— Interpretation. "Appropriation" means funds appropriated by the County Assembly through an Appropriation Act for purposes of paying for the supply of goods and services; "Emergency" means an urgent and unforeseen need for expenditure that is not budgeted for, cannot be delayed, is of small scale limited to the county and the event threatens human life, welfare or environment. "County" means the County Government of Kitui as established under Article 176 of the Constitution; "County Assembly" means the County Assembly of Kitui County as established under Article 176 of the Constitution; "Fund" means the County Emergency Fund established under Section 3 of this Act; "County Executive Committee Member" means the County Executive Committee member at the time being responsible for fmance matters in the county; "Financial year" means the period of twelve months ending on the 30th June. PART II— EMERGENCY FUND (1) There is established a Fund to be known as the Establishment of the County Kitui County Emergency Fund. Emergency Fund. (2) The Fund shall consist of monies appropriated by the County Assembly; and grants and donations made into the Fund. 3 2018 Kitui County Emergency Fund No.4 (3) The County Assembly shall, in appropriating monies under subsection (2)(a) in each financial year, ensure that the monies contained in the Fund shall not exceed two per cent of the County's budget. The object and purpose of the Fund is to enable Purpose of the payments to be made in respect of the County when an urgent and unforeseen need for expenditure arises for which there is no specific legislative authority arises. (1) The County Executive Committee Member shall Officer responsible be responsible for admmistenng the Fund in accordance for admmistermg the Fund. with a framework and criteria approved by the County Assembly. (2) The County Executive Committee Member shall open and maintain a separate account into which all money appropriated to that Fund and received as grants or donations shall be paid. (1) The County Executive Committee Member may Power of County make payments from the County Government's Emergency Executive Committee Fund only if he or she is satisfied that there is an urgent and Member. unforeseen need for expenditure for which there is no legislative authority. (2) For the purposes of subsection (1) there is an urgent and unforeseen event for expenditure if the County Executive Committee Member, guided by regulations and relevant laws, establishes that payment not budgeted for cannot be delayed until a later financial year without harming the general public interest; payment is meant to alleviate the damage, loss, hardship or suffering which may be caused directly by the event; and the damage caused by the event is on small scale and limited to the County. (3) For the purposes of subsection (1), the unforeseen event is one which threatens damage to human life or welfare; or threatens damage to the environment. 4 No.4 Kitui County Emergency Fund 2018 7. The County Executive Committee Member shall Limitation on not, during a fmancial year, make a payment under Section Executive 6 if the payment exceeds two per cent of the total revenues Committee as shown in the county's audited financial statements for - Member. the previous financial year. 8. All receipts, earnings and accruals to the Fund and Accruals. the balance of the Fund at the close of the financial year shall be retained by the Fund for the purpose for which itis established. 9. (1) The County Executive Committee Member shall Approval by the notify the County Assemblyrn wnting within two months County Assembly. after payment is made out of the Fund If the County Assembly is not sitting during the period referred to in subsection (1) and the County Executive Committee Member has not sought the approval of the County Assembly before the end of that period, the County Executive Committee Member shall seek the approval of the County Assembly for the payment within fourteen days after it next sits. As soon as practicable after the County Assembly has approved the payment, the County Executive Committee Member shall arrange for an Appropriation Bill to be introduced into the County Assembly for the appropriation of the money paid and for the replenishment of the Fund to the extent of the amount of the payment. 10. (1) Within three months after the end of each Financial financial year, the County Treasury shall prepare and Statement. submit to the Auditor-General a financial statement in respect of the Fund for that year. (2) The financial statement prepared under subsection (1) shall include the following information (a) the total monies appropriated by the assembly and all grants and donations made into the Fund. the date and the amount of each payment made out of the Fund; -• the person to whom the payment was made; the purpose for which the payment was made; whether the person to whom the payment was 5 2018 Kitui County Emergency Fund No.4 made spent the money for that purpose and a statement made to that effect; if the person to whom the payment has been made has not spent the money for that purpose, a statement specifying the reasons for not having done so: and a statement indicating how the payment conforms to section 6 of this Act, the legislation or the policy of the County relating to disaster management. 11. The County Executive Committee Member may Regulations. make regulations for the better carrying out of the provisions of this Act. j. : VV • V. 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