Kajiado County Women Economic Empowerment Fund Act, no. 1 of 2021

1. This Act may be cited as the Kajiado County Women ) Econonric Empowerment Fund Act,202l, and shall come into force thrity (30) days from the date of publication in the Kenya Gazette. lnterpretation

2. In this Act unless the context otherwise requires- "Administrator of the Fund" means a person designated as such under this Act; "Board" means the Fund Board established under section 5 of this Act; "County Executive Committee Member" means the County Executive Committee Member responsible for gender affairs "Eligible administrative cost" means administrative expenditure '. allowable as determined by the Board; "Evaluation criteria" means criteria used to evaluate group applications under this Act; "The Fund" means the Kajiado County Economic Empowerment Fund established under section 4 of this Act; "Department" means the Department for the time being responsible for matters relating to gender affairs; "Resident" means a person who lives in the county and with an Identity Card registered in Kajiado County, or own a petmanent residence within Kajiado County. "Table banking" means group based financial transactions usually governed by the rules set out by the group and where such transactions, including deposits, contributions, payments and loans issuance are done during the meeting of the group with all members present; and 3 2027 Kajiado County Women Economic Empowerntent t.uncl No.1 "'Woman', means a person of the female gender who is above 18 years ofage. Object of the Act 3' The object and purpose of this Act is to faciritate the growth development of women in ttre County, and and in particular to-- (a) establish the Kajiado county women Economic Empowerment Fund; (b) establish a framework for involving women activities in the county; in economic (c) train and build capacity to women; (d) assist in the eradication of poverty empowernent of women. through economic PART II-ESTABLISHMENT OF THE KAJIADO COUNTY WOMEN ECONOMIC EMPOWBNMTNf FUNT) Establishment of the Fund

4. (1) There is esrabrished a Fund to be known County Women Economic Empowerment as the Kajiado Fund. (2) The Fund shall consist of_ (a) monies appropriated by the County Assembly; and (b) grants and donations. Guiding principles of operation of the Fund

5. (1) In the performance of functions under this Act, Executive committee Member, the Board the county and the s".."tu.iut shall be guided by the following principles_ (a) public participation and financial inclusiveness; (b) protection of the interests of women; and (c) local ownership and sustainability. (2) The access by eligible groups ro the Fund come first served basis. *01".i to assessment shall be on a first applicarion, provided that the Btard ,h"ii;;;. an approval of the funds to the Sub-counties and tlr" W;;;r. "rrii"#oisrribution of Objects and purpose of the Fund 6' (l)The objects and purpose for which the Fund is estabrished are- 4 No. 1 Kajiado Coutttl Women Economic Erttpowerntent Fund 2021 (a) to expand access to finances in promotion of women businesses -enterprises and at the sub-county and ward level for economic growth; (b) to generate gainful self- employment for the women; and (c) to model an alternative framework in funding community driven develoPment. (2) Subject to provisions of this Act and Regulation , a Srant may be disbursed to a legible applicant to finance- (a) a statl-uP business; -l (b) local purchase order (c) local service order (d) micro and small enterPrises (e) asset purchase; and (0 agri-business. (3) Subject to section 6(2) of this Act ttre Board in pafinership with the beneficiary will liaise with service providers in case of asset financing Establishment of the Board

7. (1) There is established a Board to be known as the Kajiado Women Economic Empowerment Fund Board' (2) The Board shall consist of- (a) the Executive Member who shal1 be the chairperson or in his absence, the Chief Officer; (b) the Chief Officer for the time being respo-nsible for gender affairs who shall be the Fund Administrator of the Fund; and (c) Five (5) women representatives from each of the five sub counties with at least one being a youth and one being person with disability registered by the National Council for Persons with Disabiliiy appointed by the County Executive Committee Member resPonsible for gender. (3) The members of the Board, appointed under (2)(c) shall _section hoid office for a period of three years and shall be eligible for reappointment for one further term of three years' (4) The County Executive Committee Member shall provide such public officers ut *uy be necessary for secretariat services to the Board' 5 2027 Kqiiado Coun4, Wotnen Economic Empowerment Fund No.1 " . Isi_ The quorum ar any meeting of the Board sharl be five members and the Board sha, meet four times iir each rinur.iuif.ur. (6) The county Executive committee Member regulations generally to give full effect may make to this Act. Functions of the Board

8. The Board shall_ (a) provide design and oversight of the ^overarl__management, Kajiado County Women Economic E;po;"r*;nt Fund; (b) consider, verify and approve funding to the women groups; (c) approve disburseme,t to the sub-counties and the wards; (d) receive reports on the performance of the Fund fiom Fund Management committee estabrished the Ward under this Act; (e) develop relevant guiderines and review them as the need arises, to guide the operations and implementutlo, of tn" Fund; (0 develop and facilitate sectoral linkage on the Fund; (g) monitor and evaruate of the programmes and activities under the Fund; (h) prepare an annual report on the operations and perfbrmance the Fund to the Couniy Execurive ilommittee of VtJ_U"r; (i) oversee the management and administration of the Fund ; and 0) put in place necessary mechanisms for sanctions and their enforcements. Vacation of office by a member 9' A member of the Board, other than ex-officio member, may- (a) at any time resign from office by notice in writing to the CECM responsible for gender affairs; (b) be remove-d from office by the .ECM responsibre affairs, if the member_ for gender (i) has been absent from three consecutive meetings of the Board without permission from the Chairperson (ii) is adjudged bankrupt; (iii) is convicted of an offence involving dishonesty or fraud (iv) is convicted of a criminal offence and sentenced imprisonment for a term exceeding six months. --------r to 6 No.1 Kajiado Counf,1- Women Econontic Empowerment Futtd 2021 (v) is incapacitated by prolonged physical or mental illness, or; (vi) is otherwise unable or unfit to discharge his / her functions. Kajiado county women Economic Empowerment ward management committees

10. (1) There shall be established in each Ward a committee to be known as the Kajiado County Women Economic Empowerment Ward Management Committee. ( 2) The committee shall consist of the following members- fi (a) chairperson who shall be ward administrator of the respective ward; (b) three women being residents of the respective ward appointed by Member of the county Assembly for the respective ward with one being a representative of the youth; (c) the chief officer in charge of gender affails to appoint an officer in the department of gender who shall be the secretaly to the committee; and (d) one person representing persons with disability registered by the Natibnal Council for Persons with Disability appointed by the Executive committee member' (3) The Ward management committee shall be responsible for- (a) receiving applications for the grant at the ward level and submitting them to the Board under this Act; (b) monitor and evaluate the progress and performance of the eligible applicants under this law; (c) create awareness among the residents of the ward about the Fund. Tenure for Ward Management Committee (a) The members of the ward Management committee, appointed under Sections 11 (b) and (d) shatl hold office for a period of three years and shall be eligible for reappointment for one further term of three years' Capital of the Fund

11. The initial capital of the Fund shall be the amount as sha1l be appropriated by County Assembly. The fund shall be a revolving fund as approprlated by the county assembly each financial year' ) 7 2021 Kajiado County Women Economic Empowerment Fu.nd No.1 Expenditure on the Ftlnd L2. (1) The expenditure incurred on the Fund shall be on the basis of and limited to annual work progralnmes and cost estimates which shall be prepared by the administratb. df the Fund, uro upp.or"a by the Board at the beginning of the financial year to which they reiate. (2) Any revisiol the approved annual work programlne, and of any cost estimate, shall -of be referred to the Board for approv"al. Retention of receipts 'v . 13: A_11 receipts, earnings and accruals to the Fund, and the baiance of^ the Fund at the crose of each financial y"ar, st ati re ietaineo by the Fund for use for the purpose for which the FLnd is established. Application of Government Regurations and procedures y. Subject to the provisions of the public Finance Management Act,2012, existing Ggv.ernlnen-t Regulations and procedures shall appry in the administration of the Fund. Administration of the Fund

15. (1) The county Executive Committee member responsibre finance shall designate a person to be appointed as the administrator in accordance with the public Finance Management Act. (2) The administrator of the Fund shall_ (a) open and operate a bank account with a bank to be approved by the County Treasury; (b) supervise and cirntrol the administration of the Fund; tn (c) consult with the county Executive committee Member, the Chief officer for Gender and the Board on matters ,"iuiirg ,o the administration of the Fund; (d) cause to be kept proper books of accounts and other books and records in relation to the Fund, of all activities and undertakings financed from the Fund; (e) furnish additional information which is proper and sufficient for the purpose of examination and audit by th" Audito.- beneral in accordance with the provisions of the plurc Audit Act; and (0 prepare a quarterly report on the receipts into and issues out of the Fund and submit it to the couniy Executive Committee Member. .:: . ' : 8 No.1 Kajiado Coutr4' Wontett Ecottotnic Erttpowermettt Fwtd 2021 (3) Every stdtement of account shall include details of the balance between the assets and liabilities of the Fund, and shall indicate the financial status of the Fund as at the end of the financial year concerned' Role of the County Executive Committee Member L6. The County Executive Committee Member responsible -for gender affairs shall facilitate, and ovelsee the operations of the Board in ihe implementation of the Fund and in particular shall- (a) develop policy measures reiating to the Fund; (b) give guidelines on the fund allocation formula for distribution -) to the wards; (c) through its ward management committees, liaise with local businessandcorporateenterprisesandencouragepeel mentoringengagementsforalltheFundrecipientgroups; (d) be responsible for development of curriculum, content and standards for capacity building to the Fund recipients on table banking, busineJs entrepreneurship, and pubiic procurement and other business development areas' PARTIII-FUNDAPPLICATIONSANDDISBURSEMENTS Disbursement of funds

17. The funds shall be disbursed under the following conditions- (a) all disbursement from the Fund shall be approved and minuted by the Board; (b) all disbursements from the Fund shall be to the ,successful 1 women groups and institutions within each ward in the county; 1 (c) all disbursements from the Fund shall be made through the group bank accounts; (d) the record of the amounts received by each group an{ tle record of expenditure of amounts so received shall be submitted to the Board within thirty days after the close of the relevant financial year, together with a copy of the relevant bank statements ind no disbursements for the succeeding financial year shall be made into the accounts until the said records are dulY received; (e) the Board may impose reasonable requirements, including restrictions, on a pirticular group and such restrictions or . requirements shall bi reported together with the.monthly returns to te submitted to the County Executive Committee Member. 9 2021 Kajiado County Wonrcn Econontic Etnpowerntent Fund No. 1 Administrative cost "

18. (1) The administrative cost for the grant shall be a Three (3Vo) per cent. maximum of (:2). The Department shall out of the money set out under Subsection (t) ano any appropriations made by it, undertake to conduct education to women in the county and civic make the information and knowledge on how to access and oi appry ro, ,r"n- grants public and accessi ble. Eligibility criteria for fund application 4 19. (1) Applicanrs sharl qualify to benefit from rhe Fund if_ (a) for a group_ (i) is a. womg!_ group compost of a hundred per cent residents of Kajiado County (ii) is registered with the department of sociar services, Cooperatives or the Registrai of Societies; (iii) has members aged eighteen years and above. (iv) is based and operational at the ward level; (v) has not less than fifty members ; (vi) operates a tabre banking structure or any other group fund structure where members make ,nonihly contributions according to the groups' internal guide,nls (evidence moninry contnbutions shall be a requirement); of (vii) hold a bank account in the name of the group; (b) for an institution_ (i) is a registered entiry; or (ii) has listed women groups within it. (2) on behalf gf tlr: county Government, the Board shal an agreement with the identified beneficiary enter into groups tems of the grant prior to release of funds through signing ";;h" i p..r..it"Jio.-. Unauthorized business

20. An application for the fund under this Act shail be- (a) accompanied by a resorution and minutes of constituted meeting of a women group; a properly 10 No. 1 Kaiiado Counry Women Econontic Erttltowerment Fund 2021 (b)notwithstandingtheprovisionsofthisSection,apersonshall notbegrantedagranttoconductanybusinessofthefollowing nature- (i) alcoholic drinks business; (ii) unauthorized money lending services; (iii)gamingandlotteryservicesasdefinedundertheBetting, Lotteries and Gaming Act; or (iv) unlawful business under any written law' Fund Limit 4

21. (1) The limit for the fund under this Act shall be- (a)fbrgroupsminimumofonehundredthousand(KSh'100'000) andamaximumofthreehundredthousandshillings(KSh. 300,000); or (b)forinstitutionaminimumofonehundredthousandshillings( KSh.100,0oo)andamaximumofonemillionshillings(KSh. 1.000.000) (2)Indeterminingtheminimumandmaximumamountofthefund that an applicant *uy u"'."rr, the following shall be considered- (a) the viability of the business idea or concept; (b)thedurationofthebusinesshasbeenoperationalandincaseof existing business; (c) the financial risk; 1 (d) the capitali zationof the existing business' 0ffences and Penalties 22. . An aPPlicant who- (a) in filling a grant application form' knowingly makes any false for a request statement in"regard io uny matter affecting his/her grant; or (b) being required under paragraph (a) to answer any questions' furnishanyinformationorparticularsorproduceanydocument or or paper, neglects to do so without reasonable cause; (c) is granted a grant based on false information and (b) ' shali be guilty of an offence and in the case of paragraphs -(a) thousand shillings or shali be liable to a fine of not more than one hundred and in the case of to l-prirorment for a term of not more than six months 2027 Kajiacto County wonten ir'or.nr, Empowerment Fund 1 No. paragraph (c) to a,fine of not more than one hundred thousand to imprisonment for a term shillings or of not less than eight months. Winding up of the Fund 23'rn the event of winding up of the Fund, the cash barances transferred to the county R"rJnri sha, be Account while other assets of [XH,?3llffrutml#.'XJ ili*i'n' the the ror rhe ri,". nling,.,pon,iui" Regulations ,+ 24' The county Executive committee reguiations generalry to give Member may make ful effecito this Act. Audit

25. The Fund Administrator shall_ (a) prepare and keep the accounts of the Fund in each financial year; (b) not later than three months after the end of the financi ar year, prepare annual financial statements ro, trrui^y"ar and submit fl"#|]r, ;rtuditor General ior auoit *ith;;";;;o rhe counry (c) furnish such additionar information examination and audit by the as may be required for Auditor c"n"#oiJnder anv law. t2 No. 1 $ajiado County Women Economic Empowerment Fund 2021

SCHEDULE 1 FORM A GRANT APPLTCATTON FORM (SECTTON 20 (2) COUNTY GOVERNMENT OF KAJIADO P.O BOX 1,L, KAJIADO. Date: TEL: a GENDER, CULTURE, WILDLIFE AND TOURISM SUB. COUNTY WARD YILLAGE/ESTATE PART A: DESCRIPTTON OF THE APPLICANT PART B: -