Samburu County Youth and Women Enterprise Development Fund Act, no. 1 of 2014

2014 Sambou Comn Youth and Women Enterprise Development Fund No.1 PART V-FINANCIAL PROVISIONS THE SAMBURUCOUNTY YOUTH AND WOMEN ENTERPRISE DEVELOPMENT FUND ACT, 2014 18--Financial Year of the Committee. 19-Annual Estimates. AN ACT of the Samburu County Assembly to establish and provide for the administration of youth and 20-Books of Accounts and Audits. women enterprise development fund and for 21Annual Report of the Fund. connected purposes PART VI-MISCELLANEOUS PROVISIONS ENACTED by the Samburu County Assembly. as follows 22-Secrecy, Offences and Penalties. PART I-PRELIMINARY 23--Protection from Personal Liability. Short üile and 1. This Act may be cited as the Samburu County Youth Commencement. 24--Liability of the Committee for Damages. and Women Enterprise Fund Act, 2014 and shall come into 25-Regulations. operation upon publication in the Kenya Gazette and the County Gazette. Interpretation. 2. In this Act, unless the context otherwise requires "Act" means the Samburu County Youth and Women Enterprise Fund Act, 2014; "Applicant" means any person, who being a Kenyan citizen, has attained minimum entry requirements for the advance of the loan and is operating in Samburu County: "Board" means the Samburu County Women and Youth In Business Fund Management Board established by this Bill; "Chairperson" means any Kenyan citizen who is appointed chairperson under this Act; "Chief Officer" means chief officer in charge of trade, Industrialization, Co-operatives and Tourism; "County Executive Committee Member" means the county executive committee member for the time being responsible for matters relating to trade in Samburu County: "Fund" means the Samburu County Youth and Women Enterprise Fund established by this Act: "Loanee" means any person granted a trade loan under the Samburu County Women and Youth in Business Fund or any person granted trade loan by the Departent of Trade, Industrialization, Tourism and co-operatives in the Samburu County or Ministry of East African Affairs, Commerce and Tourism under this Billor any other Act that is in place; "Secretary" means the Secretary to the Board appointed under this Bill; 4 5

2014 Samburu County Youh and Women Eterprise Development Fiwnd No. 1 No. 1 SamburuCounty Youh and Women Enterprise Development Fund 2014 3. This Act shall apply within the jurisdiction of the Appliaion. (a) Upon death of a member; Samburu County Government. (b) If a member has been adjudged bankrupt; PART II-ESTABLISHMENT AND FUNCTIONS OF THE COMMITTEE (c) If a member has been committed to jail for a period of six months; and 4.(1)There is establisheda Committee to be known as Commitlce. Establishment of the the Samburu County Youth and Women Enterprise (d) Through a vote of no confidence by at least two thirds of the members of the Committee. Development Committee. (2) The Committee shall (2) Upon an office of a member becoming vacant, the Secretary shall forthwith notify the County Executive (a) be a body corporate with perpetual succession; Committee member within two weeks. (b) have a common seal: 7.(1) The County Executive Committee member shall Secretary to the Committee. (c) have power to sue and be sued: and appoint the County Trade Officer as the secretary of the Committee. (d) have power to acquire, own, posses and dispose off property and to contract. (2) The secretary shall be 5. (1) The Committee shall be composed of Composition of the (a) The chief executive officer of the Committee; Commitlcc. (a) Chairperson; (b) Responsible in the management of the activities of the Committee; (b) Chief Officer in charge of matters Trade who shall (c) Answerable to the Committee; and be an ex-official; (c) Three representatives from the business community; (d) Perform functions assigned by the Committee. (d) A representative from the department of trade; and Provided that in the performance of the functions he consults the Chief Officer. (e) Two other members. (3) The Secretary of the Committee shall have no right (2) The County Executive Committee member shall to vote. appoint the Chairperson and other members of the 8. The Committee shall Functions of the Committee considering (a) formulate sound policies for regulating the Commitee. (a) gender balance; management of the Fund; (b) regional and religious balance; and (b) solicit for funds and other assistance to promote the (c) other requirements on appointments as per the law. functions of the Committee; (3) The Committee Chairperson and other (c) set the criteria and conditions governing the granting apart from the Secretary and the ChËef Officer, members of loans including the rate of interest and recovery office for a period of three consecutive years andshall hold may be of loans; eligible for re-appointment once. (d) receive any gifts, donations, grants or endowments (4) In its first meeting, the Committee shall appoint its made to the Committee, and to make legitimate Vacation of Office disbursements there from; vice-chairperson. of a Member. (e) establish and maintain links with other persons, 6. (1) The office of a member of the Committee shall fall vacant bodies or organizations within or outside Kenya, as the Conmmittee may consider appropriate for the 6 7

2014 Samburu Con Youth and Women Enterprise Development Fund No. 1 No. 1 Samburn County Youh and Women Enterprise Development Fund 2014 furtherance of the purposes for which the Fund is (3) The quorum for the meeting shall the two thirds of the members. established; () enter into contracts with financial institutions for the PART III: ESTABLISHMENT AND purpose of loans disbursement and recovery; ADMINISTRATION OF THE FUND (g) grant loans out of the Fund either with or without 10. (1)There is established a Fund to be known at the Fund Exabishiment of the security, as the Board may deem fit, to any eligible Samburu County Youth and Women Enterprise Development person to enable him, or assist any trader, to meet Fund which shall be managed and administered by the the cost of doing business; Committee. (h) determine the maximum number of eligible (2) The object and the purpose of the Fund shall be to businesses to be granted loans in any one particular provide funds to be used for granting loans to assist Women year; and Youth living in Samburu County to promote their (i) invest any surplus funds not currently required for enterprises at such acost which is affordable within the the purpose of the Board in any investment County. authorized by law for the investment of trust funds Revenue and with power from time to time to vary or realize 11. (1) There shall be credited to the Fund Expenditure of the Fund. those investments: (a) sums of money which may from time to time be () with the consent of the Executive Committee voted by county assembly for that purpose; Member set up and use such other funds as may (b) sums which represent the repayment of the capital from time to time be required; and interest of any loan granted by the Committee (k) receive and consider all loan applications from eligible persons wishing to be considered for the (c) income from any investment made by the fund; award of loans, and to approve, withhold or reject (d) any gifts, donations, grants and endowments made such requests in accordance with the provisions of to the Fund; and this Act; (1) borrow such monies from such sources and in such (e) any sums of money borrowed by the fund with the amounts as may be approved by the Executive approval of the county assembly. Committee Member with the concurrence of the (2) There shall be paid out of the Fund any expenditure Committee and to secure such loans in such manner approved by the Committee and incurred in connection with as they deem fit; the administration of the Fund. (m) perform any other functions relating to the granting 12. (1) Every Trader wishing to be considered for the the Fund. Administraion of of loans in accordance with the provisions of this grant of a loan shall make an application to the Committee in Act; the prescribed form. (n) perform and exercise all other functions and powers (2)Every Trader who has been awarded a Traders Loan conferred by this Act; and shall be issued with a Loanee Identification File Number by the Committee. (o) approve the organizational structure of the fund. 9.(1) The chairman shall convene and preside over the (3) Any applicant who Mcelings Uhe of Committee meetings. Commitce (a) in filling a loan application form, knowingly makes (2) In the absence of the chairman, the vice chairperson any false statement, whether orally or in writing, or in his absence any other member shall convene and relating to any matter affecting his request for a preside over the Committee meetings. loan; or 8

2014 Sambou Cout Youth and Women Enterprise Deelopment Fud No. 1 No. 1 Sanburu Conty Youth and Women Enterprise Development Fund 2014 (b) being required under paragraph (a) to answer any 14. (1) A loanee shall be required, subject to and in bligations of the Loance. questions, furmish any infomation or particulars or accordance with this Act or any regulations made there produce any document or paper, neglects to do so under, within two years from the time of the start of his without reasonable cause; or repayment or within such a period as the Committee decides to recall its loan whichever is the earlier (c) is granted a loan based on false information; (a) to inform the Committee of his contact address; and Shall be guilty of an offence and in the case of paragraphs (a) and (b) be liable to a penalty which includes (b) to begin repayment of his loan together with any rejection of the application. interest accrued thereon. 13. (1)The Funds Committee may Conditions for Grant ofLoan. 15. Thirty days after the end of each calendar year the Anmual Returns. (a) accept or reject any application for a loan; and Committee shall send to the County Executive Committee Member an annual return. (b) grant a loan to any trader and in so granting impose 16. (1) If in the opinion of the Committee there has been General Provsoas. conditions, demand security and require repayment in instalments at such times and within such periods or is likely to be any breach of or failure to comply with any as the Committee deems fit. condition or term of repayment in respect of a loan the Committee may forthwith (2) Where the Committee has resolved to make a loan to any eligible applicant, the Committee shall notify the (a) recover from the person from whom the loan was applicant in writing or by phone and require him within a made or his personal representative as a civil debt under the Debts (Summary Recovery) Act the Cap. 42. specified period to comply with any conditions and provide amount of the loan or the amount thereof then any security which the Commitee may have imposed or demanded. remaining unpaid together with interest thereon; (b) enforce or realize any security relating thereto. (3) Where any applicant fails to comply with the requirement of the Committee notified to him under (2) The Committee may, in exercise of the powers subsection (2) within the prescribed period, the application conferred by subsection (1), engage the services of private shall be deemed to have lapsed. debt collector. (4) Where in granting a trader's loan to any applicant PART IV: OFFICERS OF THE FUND the Committee considers it prudent to request for a guarantor to guarantee any loan granted to a trader, in case of any 17. (1) Every inspector appointed by the Committee Enspectors Fund. of the default by the loanee in the repayment of the loan any shall for the purposes of ascertaining whether the provisions guarantor who has guaranteed any such loan, shalI of this Act have been complied with within any premises or automatically and fully be liable topay to the Committee all place liable to inspection under this section have power to or any loan together with interest accrued and outstanding enter such premises or place at all reasonable times and to owed to the Committee by the loanee, as shall be notified to examine every person whom he finds therein. the guarantor by the Committee. (2) Any person who (5) Where a guarantor who has been notified by the Committee under subsection (4) fails or refuses to repay such (a) willfully delays or obstructs any inspector in the loan together with any interest accrued thereon, the guarantor exercise of any power under this section; or shall be guilty of an offence and liable to criminal (b) refuses or neglects to answer any question or to prosecution or civil proceedings or both in accordance with furnish any information or to produce any document the provisions of this Act. when required so to do under this section: 10 11

2014 Sambuu Count Youth and Women Enterprise Development Fwd No.1 No.1 Samburu County Youth and Women Enterprise Development Fnd 2014 (b) a balance sheet showing in detail the assets and shall be guilty of an offence provided that no person shallbe liabilities of the Committee at the end of the required under this section to answer any question or to give any information which tends to incriminate him. financial year; (3) Every inspector shall, upon seeking admission to (c) a statement of financial activities, income and any premises for the purposes of inspection, produce his expenditure during the financial year; and letter of authorization issued by the Committee. (d) other statements of accounts as may be necessary to PART V: FINANCIAL PROVISIONS fully disclose the undertaking, assets, liabilities and Ycar of discharge of the functions of the Committee. 18.(1) The financial year of the Committee shall be the Financial the Commitlcc. period of twelve months commencing on the 1st of July and (2) The accounts of the Board shall be audited by the ending on the 30th day of June of the following yea. Auditor-General (Corporations) or an auditor appointed by the Committee with the approval of the Auditor-General 19. (1) The Committee shall submit to the County Annual Estimates (Corporations). Executive Committee Member an estimate of its income and expenditure during the succeeding financial year one month (3) The Auditor-General (Corporations) may give any before the commencement of the financial year. general or special directions to the board and the board shal (2) The County Executive Committee Member shall comply with those directions. communicate to the Committee his approval or otherwise of 21. The Committee shall, within three months after the theAnnaal Fund.Report of the annual estimates at least one calendar month after the end of each financial year, prepare a report on the operation commencement of the financial year. of the Fund during that financial year and shall transmit such (3) The annual estimates shall make provisions for all the estimates of expenditure of the Committee for the report to the County Executive Committee Member who shall cause it to be presented to the County Assembly financial year and shall provide for together with the report of the Auditor-General (a) the cost of administration of the Committee (Corporations) and certified copies of the accounts referred including payment of allowances, and other charges to in this section. whatsoever payable to the staff and members of the PART VI: MISCELLANEOUS PROVISIONS Committee; 22. (1) Any perSon having an official duty or being Screcy.Offences (b) the payment or reimbursement to the members of and Penalibes. the Committee of monies in respect of expenses employed in, or inconnection with, the administration of this incurred during the attendance of the meetings of the Act shall regard and deal with all documents, information. Committee: returns and forms relating to applications for loans or to the granting of loans under this Act as secret and confidential. (c) The development and maintenance of any property (2) Any person having possession of, or control over, or vested in the Committee. access to, any documents, information, returns or forms (4) Except with the approval of the Committee relating to a matter referred to in subsection (1) who Executive Committee Member in charge of trade, no communicates anything contained therein expenditure shall be incurred for the purposes of the Committee except in accordance with the annual estimates (a) to any person other than a person to whomn he is approved under subsection (2). authorized by the Board to communicate it; or 20.(1) The Committee shall cause to be kept Books of Accounts und Audits. (b) otherwise than for the purposes of this Act: Shall be guilty of an offence and imprisonment of at (a) all proper books and records of accounts of the least one year or a fine that is not more than Ksh l00,000or income, expenditure, assets and liabilities of the both. Fund; 12

2014 SanbunCoumN Youth and Women Enterprise Development Fund No. 1 23. No matter or thing done by the Chairnman or any Personal roten rumLiability. member of the Committee or any officer, employee or agent of the Fund shall, if the matter or thing is done bona fide for the purpose of executing any provision of this Act, render the chairman, member, officer, employee or agent or any person acting on their directions, personally liable to any action, claim or demand whatsoever. 24. The provisions of this Act shall not relieve the Committcc Liability of forthe Committee of the liability to pay compensation or damages Damages. to any person for any injury to him, his property or any of his interest caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially of the exercise of such powers. 25. The County Executive Committee Member may make regulations generally for the better carrying out the provisions of this Act, and without prejudice to the foregoing. the County Executive Committee Member may make regulations in respect of the following (a) the receipt, processing and approval of applications for loans and the granting of loans to traders; (b) the preparation and maintenance of loanees' records; (c) the withdrawal, recovery and cancellation of loans already granted; (d) the terms and conditions of service for the Committee's staff; (e) the setting-up of procedures for dealing with loan defaulters.