Nyeri County Ward Development Fund Act, 2016 (No. 2 of 2016)

1. This Act may be cited as the Nyeri County Ward Short Title and Commencement Development Fund Act, 2016 and shall come into operation upon publication in the Kenya Gazette and County Gazette notices whichever comes earlier.

2. In this Act— Interpretation "Committee" means the County Ward Development Fund Management Committee established under section 5 of this Act; "Executive Secretary" means the County Executive Secretary responsible for finance and economic planning; "Fund" means the Ward Development Fund established under Section 4 of this Act; "Ward Committee" means the Ward Development Committee established under Section 16 of this Act.

3. The object and purpose of this Act is to provide for a legal framework for establishment of a fund to promote Objects and Purposes of the Act County development at the Ward level in order to— (a) alleviate poverty and promote economic growth and development in the County; (b) promote equity and equality in access to development services; (c) ensure rural and regional development within the County; (d) improve the standards of living among the residents of Nyeri County; (e) enhance provision and access to basic services such as health, education, county road construction and maintenance, county transport, communication and Water. 4 No. 2 Nyeri County Ward Development Fund 2016 PART II — ESTABLISHMENT AND ADMINISTRATION OF THE FUND

4. (1) There is established a Fund known as the Ward Establishment of the Fund. Development Fund which shall be administered by a Fund administrator appointed under Section 116 of the Public Finance Management Act. (2) The Fund shall consist of— (a) an amount not less than five percent (5%) of all the County ordinary revenue and transfers received from the National Government in accordance with Article 202 (1) and Article 203 (2) of the Constitution of Kenya, 2010. (b) any monies accruing to, donated, lent or received by the Fund from any other lawful source. (3) The amount referred to in section 2 (a) shall be calculated on the basis of the most recent audited accounts of the revenue received, as approved by the County Assembly. (4) All receipts, savings and accruals to the Fund and the balance of the Fund at the end of each financial year shall be retained for the purpose for which the Fund is established. (5) The fund shall be used for meeting capital expenditure relating to— (a) development projects in the Wards; (b) operations of the committees established under this Act. Establishment of the

5. (1) There is established a committee to be known as County Ward the County Ward Development Fund Management Development Fund Management Committee. Committee (2) The committee shall consist of— (a) the Chief Officer of the County Department for the time being responsible for matters relating to finance or a designate alternate but not being below the level of Director; (b) the Chief officer of the County Department for the time being responsible for matters relating to public works or a designate alternate not being below the level of Director; 5 2016 Nyeri County Ward Development Fund No. 2 (c) the Chief officer of the County Dept tinent for the time being responsible for matters relating to health or a designate alternate not being below the level of Director; (d) the Chief officer of the County Department for the time being responsible for matters relating to Agriculture or a designate alternate not being below the level of Director; (e) the Chief officer of the County Depal tuwent for the time being responsible for matters relating to social services and special programs or a designate alternate not being below the level of Director; (f) the Fund Administrator who shall be an ex officio member. (3) The Chairperson of the Committee shall be the Chief Officer for Finance. Conduct of affairs

6. (1) The conduct and regulation of the business and affairs of the Committee shall be as provided under the First Schedule. (2) Except as provided in the First Schedule, the Committee may regulate its own procedure. Functions of the

7. The Functions of the Committee shall be to— Ward Development Fund Management (a) ensure timely and efficient allocation and Committee disbursement of funds for projects identified in every Ward; (b) consider and approve project proposals submitted for various wards in accordance with the Act; (c) ensure efficient management of the Fund; (d) receive and consider annual reports and returns for Ward Development Committee Projects; (e) ensure the compilation of proper records, returns and reports from the ward Development Committee; (f) continually review and monitor the implementation of policy framework and legislative matters that may arise in relation to the Fund; 6 No. 2 Nyeri County Ward Development Fund 2016 (g) perform such other functions as may be provided for this Act.

8. (1) There shall be a Fund Administrator who shall be appointed by the Executive Secretary in accordance with Fund Administrator the provisions of section 116 of the Public Finance Management Act. (2) The Fund administrator shall be the Director of the Fund and the Secretary to the Committee. (3) The Fund administrator shall— (a) supervise and control the day to day administration of the Fund; (b) be responsible for the day to day management of the affairs and staff in the service of the Committee; (c) prepare monthly returns on the movement of funds as appropriate for submission to the County Executive Committee through the Executive Secretary; (d) keep or cause to be kept proper books of accounts and other books and records related to the Fund; (e) operate the bank account for the Fund; (f) prepare financial statements for the Fund for each financial year; (g) prepare quarterly statements for submission to the County Treasury and the Controller of budget; (h) not later than three months after the end of each financial year, submit financial statements relating to the fund accounts to the Auditor General; and present the financial statements to the County Assembly; and (i) perform any other duties that may be reasonably assigned by the Committee.

9. (1) The Committee shall through the County Public Staff to the Committee Service Board recruit such staff as it shall find necessary for carrying out its functions under this Act. (2) notwithstanding the provisions of subsection (1) the County Public Service Board may upon the request by the Committee second such staff as shall be appropriate to 7 2016 Nyen County Ward Development Fund No. 2 the Committee as shall be necessary for the proper management of the Fund.

10. The Committee may by resolution either generally Delegation by the Committee or in any particular case delegate to any committee or to any member, officer, employee or agent of the committee, the exercise of any of the powers of the performance of any of the functions or duties to the committee under this Act or under any other written law. PART III — FUNDS ALLOCATION AND DISBURSEMENTS

11. (1) Any allocation or disbursement from the fund Allocation and Disbursements shall be approved and minuted by the Committee. (2) All disbursements from the Fund shall be for specific projects as shall be submitted by the ward Development Committee in accordance with the procedures to be developed by the committee upon the commencement of this Act. (3) Notwithstanding the provisions of subsection (2) the specific projects shall be in line with the County Integrated Development Plan. (4) Notwithstanding the provisions of subsection (3) payments for a joint project as outlined in section 27 (2) of this Act or joint procurement, may be made directly to a supplier or to an account established for the purpose with due approval of the committee. (5) The records of the amounts disbursed to each ward committee projects shall be submitted by the Ward Development Committee to the committee within thirty days after the close of the financial year. (6) The Committee shall set out general conditions and requirements for release of funds to ensure efficient and effective management of resources.

12. (1) The Committee shall upon the approval of the County Executive Committee for each financial year Allocation of Funds allocate funds to each project in accordance with section 11 of this Act. (2) Funds allocated to a particular project shall remain allocated for that project and may only be allocated to such other purposes with the approval of the Committee. 8 No. 2 Nyeri County Ward Development Fund 2016 (3) If for any reason a particular project is cancelled or discontinued during the financial year, funds allocated for such project shall be returned to the Fund and shall be spent for projects in the specific Ward. (4) Any unspent funds shall with the approval of the Committee be allocated to any eligible project and such project may be new or ongoing at the end of the financial year. (5) The committee shall in every financial year submit a return in the prescribed form on any funds that are unspent. Bank Account of the

13. (1) There shall be opened and maintained a bank Fund account for the Fund by the County Treasury. (2) The Signatories to the account shall be— (a) an officer appointed by the Executive Secretary from the County Treasury; (b) the Chairperson of the Committee ;and (c) The Fund Administrator. Records

14. (1) There shall be kept accurate and updated records of all disbursements made for the purpose of all projects to every Ward by the Committee. (2) The disbursement to the fund shall be effected at the beginning of every quarter of each financial year. (3) The Committee shall at the end of every financial year submit to the County Executive Committee an annual report of its allocations activities, operations and expenditures. Remuneration and

15. (1) The personal emoluments of officers of the allowances County Government working or involved in the management of the Fund shall be determined by the Committee with the advice of the County Public Service Board. (2) Sitting and other allowances for members of the Committee and the Ward Committee shall be fixed by the County Executive Committee. 9 2016 IVyeri County Ward Development Fund No. 2 PART IV — PROJECTS MANAGEMENT

16. (1) There is established the Ward Development Establishment of the Ward Development Committee for each ward. Committee (2) The Ward Committee shall consist of— (a) the Ward Administrator; (b) five representatives who are residents in the Ward, elected by Ward residents among who there must be a representative for the women, a representative for the youth, a representative for persons with disability, a representative from community based organisations/ non- governmental organisations and a representative for the faith based organisations; (c) one person designated by the County Government with the approval of the County Assembly as the Fund Manager who shall be an ex officio and Secretary to the Committee. (3) The five representatives referred in sub-section (2)(b) shall be elected in accordance with the following procedure— (a) within forty-five days of being sworn in, each Member of the County Assembly in collaboration with the Ward Administrator shall convene open public meeting in each Sub-location; (b) each sub-location shall elect five persons; and shall ensure that among the five elected, each of the special groups that is youth, women and persons with disabilities are represented; (c) the five Sub-location representatives elected under paragraph (b) shall, in a ward public meeting convened by Member of County Assembly in collaboration with the Ward administrator elect the five persons who are members of the Ward Committee, taking into account geographical and social diversity and interests; (d) the Ward administrators shall be the secretaries of respective public meetings; (4) The Ward Committee shall elect from among 10 No. 2 Nyeri County Ward Development Fund 2016 members elected under subsection 2 (b) to be the chairperson of the committee. (5) The Executive Secretary shall upon elections under subsection 3 above, gazette the members elected in the County or National Gazette notices. (6) The term of office of the members appointed under sub paragraph 2 (b) shall be three years; renewable; but shall end with the election of a new committee in the specific Ward. (7) The quorum of the Ward Committee meetings shall be two thirds of the members. Removal from office

17. (1) A member of the Ward Committee may be removed from the Committee on any of the following grounds— (a) contravention of the Constitution or any other governing ethics of public officers and economic crimes; (b) incapacitation due to physical or mental infirmity; (c) absence from the committee meetings for more than three consecutive times without reasonable grounds; (d) inability to discharge duties effectively; (e) resignation to the Chair of the Ward Committee; (2) Any decision to remove a member in accordance with subsection (1) (a) — (d) shall be subject to the member being a accorded a fair hearing. (3) Whenever a vacancy occurs in the Ward Committee for reasons set out under subsection (1) the vacancy shall be filled from the same category of persons where the vacancy has occurred. The County Ward Development Fund Management Committee shall oversee the process.

18. The committee may through the County Public Staff of the Ward Committee Service Board employ such staff as it may deem necessary to enable it carry out its functions under this Act.

19. The Ward Committee may for the purposes of Public Forums carrying out its functions conduct public meetings in the ward. 11 2016 Nyeri County Ward Development Fund No. 2 Functions of the

20. The functions of the Ward Committee shall be— Ward Committee (a) prepare a list of all proposed projects; (b) maintaining proper records and books of the committee; (c) monitoring the implementation of the projects; (d) such other functions as shall be mandated by the Committee. PART V — SUBMISSION OF WARD DEVELOPMENT PROPOSALS Submission of

21. (1) The ward development committee shall before projects the beginning of every financial year present a proposal list of projects to be carried out in that financial year for the purposes of budgeting and approval by the Committee. (2) The list of the projects under subsection (1) above shall be in line with the Nyeri County Integrated Development Plan. (2) The committee shall upon receipt of the proposal review and compile a report of the proposed ward projects submitted for the purposes of its approval. Submission Deadline

22. (1) the proposed list of the ward projects shall be submitted to the committee before the end of February of every calendar year. (2) Where the ward committee fails to submit the proposed list by the time stipulated, the said proposed projects shall be carried forward to the next financial year. Submission form

23. (1) The list of projects shall be submitted in the prescribed form set out under the Third Schedule to this Act accompanied by the minutes of the Ward Committee approving the projects. (2) All projects proposed for every ward shall be listed together with the cost estimates. Projects description

24. (1) The list of projects submitted to the Committee Form pursuant to section 23 shall be tabled for review before the Committee. (2) The Committee shall upon receipt of the proposed projects scrutinize and approve those projects that meet the requirements set out by the Committee. (3) The Committee shall forward a report of the 12 No. 2 Nyeri County Ward Development Fund 2016 approved projects to the Executive Secretary for the purposes of the projects being allocated to the specific departments for implementation. (4) Where the Committee does not approve a proposal submitted to it under this Act, it shall refer the matter back to the relevant Wards development Committee with reasons for the refusal.

25. It shall be the responsibility of the Ward Responsibility of Ward committees Committee to ensure that the funds allocated are utilized for the projects allocated.

26. (1) Projects under this Act shall be public or Types of projects community based in order to ensure that the prospective benefits are available to a widespread cross section of the inhabitants of a particular area and the projects shall be based on the County Integrated Development Plan. (2) Any funding under this Act shall be for a distinct programme, complete project or a defined phase of a project and may include the acquisition of land and buildings. (3) Funds provided under this Act shall not be used for the purpose of supporting political bodies or political activities or for supporting religious activities. (4) Notwithstanding the provisions of subsection (3), the Ward Committee may identify a religious body or organization as an appropriate specialized agency for the purpose of carrying out the function in regard to emergency support or for implementing a specified project for the sole benefit of the community. (5) Environmental activities may be considered as development projects for the purposes of this Act.

27. (1) The number for projects to be included in the Number of Projects ward committee proposal list shall be on a need basis. (2) Project activities of a similar nature in a particular ward may be combined and considered as one project for purposes of subsection (1) provided that the sub projects are listed. (3) The consideration and combination of projects in accordance with subsection (2) shall be with the approval of the Committee.

28. The Ward Committee shall ensure that there is no Duplication of 13 2016 Nyeri County Ward Development Fund No. 2 Projects duplication of projects especially where it is prudent to combine efforts on projects designed to benefit a large section or sector of a community traversing several wards in the County.

29. There shall be no projects of personal awards to Personal awards any person in cash or in kind.

30. The committee may for the purposes of this Act Part Funding consider part funding of a project financed from other sources than the Fund if — (a) the financiers of the project have no objection; and (b) provided that the part of the funding for the project availed pursuant to this Act shall go to a specified unit or part thereof or phase of the project in order to ensure that the particular portion as shall be agreed upon between the parties.

31. (1) No project under this Act shall be carried out Procurement of works and services unless the same has been procured in accordance with the Public Procurement and Disposal Act, 2005. (2) The procurement shall be carried out by the relevant department to which the project relates. PART VI — GENERAL PROVISIONS

32. (1) All complaints and disputes by persons arising Dispute Resolution due to the administration of this Act shall be referred to the Committee.

33. (1) The Executive Secretary for Finance and Regulations Economic Planning may make regulations generally for the better carrying out of the objects of this Act. (2) The regulations shall prescribe the formula for distribution of the funds between the wards; (3) Without prejudice to the generality of subsection (1) , Regulations may— (a) prescribe procedures for further administration of the funds under this Act; (b) prescribe forms of notices to be issued under this Act; (c) prescribe the forms of identification of projects funded under this Act; (d) Prescribe the requirements and conditions for accessing the funds. 14 No. 2 Nyeri County Ward Development Fund 2016 TRANSITIONAL PROVISIONS

34. Prior to the constitution of the Committees under Section 5 and 16 of this Act, the projects to be funded shall be identified by the public and communicated to the finance department for purposes of implementation through the respective departments. (2) The identified projects under subsection (1) shall be in line with the Nyeri County Integrated Development Plan. 15 2016 Nyeri County Ward Development Fund No. 2

FIRST SCHEDULE CONDUCT OF BUSINESS AND AFFAIRS OF THE COMMITTEE I. The member of the Committee appointed under Section 5 of the Act shall hold office for such period as shall be specified in the instrument of appointment. 2(1) The committee shall meet not less than four and not more than six times in every financial year and not more than two months shall elapse between the date of one meeting and the date of the next meeting. (2) Notwithstanding the provisions of sub paragraph (I), the Chairperson may, and upon requisition in writing by at least five members convene a special meeting of the committee at any time for the transaction of the business of the committee. (3) Notice of the meeting shall be given to all members of the committee shall be given in writing at least seven days before every meeting; (4) The quorum for the conduct of the business of the committee shall be five members. (5) The chairperson shall when present, preside at every meeting of the committee but the members present shall elect one member to preside whenever the chairperson is absent , and the person so elected shall have all the powers of the chairperson with respect to the meeting and the business transacted in the meeting. (6) Unless a unanimous decision is reached, a decision on any matter before the committee shall be by a majority of the votes of members present and voting, and in case of an equality of votes, the chairperson or the person presiding shall have a casting vote. (7) Subject to subparagraph (4), no proceedings of the board shall be invalid by reason only of a vacancy among the members thereof. (8) Subject to the provisions of this schedule, the committee may determine its own procedure and the procedure of any subcommittee and for the attendance of other persons at its meetings and may make standing orders in respect thereof. 16 No. 2 Nveri County Ward Development Fund 2016

SECOND SCHEDULE WARD PROJECTS DESCRIPTION FORM WARD PROJECT DESCRIPTION FORM Ward No: Ward Name Sub County Project No. Project Title Sector Status of projects (tick One) New Extension On — going Rehabilitation Brief Statement on project status at the time of submission Financial Year Original Cost Estimates in Kshs Amount allocated Person completing the form Signature Date 17 2016 Nyeri County Ward Development Fund No. 2

THIRD SCHEDULE WARD PROJECT SUBMISSION FORM Ward No. Ward Name Financial Year Serial no. Name of Project Amount Allocated Total for the Financial Year Signature Date Name Position

FOURTH SCHEDULE WARD PROJECT RE — ALLOCATION FORM Ward No. Ward Name Financial Year Project Project Amount Amount Balance Unspent No. Title Allocated Disbursed reallocated Signature Date Name Position