The Makueni County Emergency Fund Act, no. 4 of 2015

SPECIAL ISSUE Makrrcni. County Go?.ette Supplement No- l0 (Acts No.4) REPUBLIC OF KENYA MAKUENI COUNTY GAZETTE SUPPLEMENT ACTS,2015 NAIROBI, 23r d. October, 20L5 Acts The Makueni County Emergency Fund Act, 2015 ............ Pece, I PRTNTED AND PUBI,ISHED BY THE GOVERNMENT PRINTER, NAIROBI THE MAKUENI COUNTY EIVIERGENCY FUND ACT,2O15 No.4 of 20'1,5 Dated of Assent: l6th October,20l5. Dated oJ Commencement: 6th November 2015 ARRANGEMENT OF SETIONS Sectrcn PART I-PRELIMINARY 1-Short title. 2-Interpretation. PART II EMERGENCY FUND 3-Establishment of the County Emergency Fund. 4-Object Purpose of the Act. 5-Officer responsible for administering the Fund. 6-Power of County Executive Committee Member. 7-Limitation on Powers of County Executive Committee Member. 8-Accruals. 9-Approval of County Assembly for payments from Fund I 0 -Financial Statement. 11-Regulations. No.4 Makueni County Entet.gency lrund Z0l5 THE MAKUENI COUNTY EMERGENCY FUND ACT,2O15 AN ACT of the County Assembry of Makueni to provide for the establishment of an Emergency Fund and for connected purposes ENACTED by the County Assembry of Makueni as follows PART I PRELIN{INARY Short title 1. This Act may be cited as the Makueni county Emergency Fund Act,20l5. Interpretation 2. In this Act, unless the context otherwise requires - ,*upp.opriation" means funds provided for to pay for the supply of servlces; "County" means the County Government of Makueni; "County Assembly" means the County Assembly of Makueni County; "Fund" means the county Emergency Funcl established under section 3 of this Act; "county Executive committee Member" means the county Executive Committee member responsible for finance; ."financial year" means the period of twelve months ending on the thirtieth day of June. PART TI-EMERGENCY FUND Establishment of the County Emergency Fund 3. (l) There is established a Funcl to be known as the Makueni County Emergency Fund. (2) The Fund shall consisr of (a) monies appropriated by the County Assembly; and (b) grants and donations made into the Funcl. 2015 5 Makueni Countl' Ente r genc), Fr.t ntl (3) The County Assembly shall, in appropriating monies under sub section (2) (a) in each financial year, ensure that the monies contained in the Fund are at least twciper cent of the County budget. Object and Purpose of the Act 4. The object and purpose of the Fund is to enable 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. Officer administering the f,'und 5. (1) The County Executive Committee Member shall be responsible for administering the Fund. (2) The County Executive Committee Member shall open and maintain a separate account into lvhich all monies appropriated to that Fund shall be paid. Power of County Executive Committee 6. (1) The County Executive Committee Member may make payments from the Fund only if satisfied that there is an urgent and unforeseen need for the expenditure for which there is no legislative authority; it is for the public interest; and an event has caused a damage, loss, hardship or suffering to residents of the County or threatens to damage the environment and the event is limited to the County. (2) For the purposes of subsection (l ) (a) there is an urgent and unforeseen need for expenditure if, in the opinion of the County Executive Committee Member (i) payment cannot be delayed until the next financial year lvithout harming the general public interest of the County; (ii) the payment is necessary to alleviate the damage, Ioss, hardship or suffering which may be directly caused by the event; and (b) need for expenditure is unforeseen and has not been provided for in an appropriation law made by the County Assembly for the current financial year. No.4 (a) (b) (c) No.4 4 Mo ku e ni C ottnty Ettrc r gency lituttl 2015 Limitation on Powers of County Executive Committee 7. The County Executive Committee Member shall not make a payment under section 6 if the payrnent or the payment and other payments made from the Fund during a financial year, would exceed two per cent of the total of the County revenue as shown in that County's audited financial statements for the previous financial year except for the first year. Accruals 8. All receipts, earnings and accruals to the Fund and the balance of the Fund at the close of the financial year shall be retained by the Fund for the purpose for which it is established. Approval of County Assenrbly 9. (1) The County Executive Committee Member shall notify the County Assembly in writing within two months after payment is made out of the Fund. (2) If the County Assembly is not sitting during the period referred to in subsection (1) and the County Executive Cornmittee 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 r.vithin fourteen days after it next sits. (3) As soon as practicable after the County Assembly has approved the payment, the County Executive Committee Member shall arrange for a draft Appropriation Bill to be introduced into the County Assembly for the appropriation of the motrey paid and for tl're replenishment of the Fund to the extent of the amount of the payment. Financial Statement 10. ( I ) Within three months after the end of each financial year, the County Treasury shall prepare and submit to the Auditor General a financial statement in respect of the Fund for that year. (2) The financial statement prepared under sub-section (1) shatt include the following information (a) the date and the amount of each payment; (b) the person to whom the payment was made; (c) the purpose for which the payment was made; 2015 5 Makueni Cowtt.t, Emergencv Ftmd No.4 (d) whether the person to wrrom the payrnent was made spe.t trremoney for that purpose ancl a statement made to that "rt""t;(e) if the person to lvhom the payment has been made has not spentthe money.for that purpose, a staternent specifying the reasonsfor not having clone io;ind (0 a statement indicating how the paynrent conforms to section 6 ofthis Act, the legisration or the-poticy of the County rerating todisaster management. Regulations 11. The county Executive Member may with the approvar of thecounty Assembly make regurations generaily for the u"tt"i canying out ofthe provisions of this Act. \r/ ,5\-\ t.( l' E 1d' .-> L"a