Public Finance Management (Narok County Climate Change Fund) Regulations, Legal Notice no. 3 of 2021

2.3 Additional infrastructure 7. (1) The object and purpose of the Fund is to provide funding for climate change activities identified in the County Climate Change Action Plan and County Climate 2.4 Design and supervision Finance Framework and for connected purposes.

2.5 Contingencies (2) Specifically, the fund shall be used to finance— 2.6 Total project cost (a) climate resilience assessments; 2.7 Estimated annual operating costs (b) implementation of climate change response projects proposed by communities; 2.8 Annual maintenance costs (c) priority county level climate change response projects; 3 Total estimated costs for the year (d) climate change research and knowledge management in the county (In 4 Sources of finance exception of academic research);

4.1 Development costs (e) public education, sensitization and awareness creation on climate change and its impacts; 4.2 Operations and maintenance costs Staffing and maintenance (f) capacity building for staff of the county and other stakeholders to effectively 5 arrangements respond to climate change; 6 Relationship with other projects (g) monitoring, evaluation, reporting on climate change response in the county; Project timeframe (period of (h) any other projects, activities and interventions recommended by Committees 7 implementation established and that are relevant to climate change. 12 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 5 (4) Where a member is removed from a Committee under sub-regulation (3), the Mobilization of resources for the Fund Executive Member for the time being in charge of the County Treasury shall make arrangements replacement as soon as practicable. 8. (1) Without prejudice to the provisions of regulation 6, the Steering Committee may mobilize resources for the Fund from— Guidelines (a) communities, development partners, and the private sector; 31. (1) The Executive Committee Member for the time being in charge of the County Treasury shall in consultation with the Executive Committee Member for the (b) international climate finance frameworks, including but not limited to the time being in charge of climate change matters and the Steering Committee develop Green Climate Fund, Adaptation Fund and the Global Environment Facility. guidelines for the proper implementation of these Regulations and management of the Fund. (2) The Steering Committee shall coordinate capacity development for key actors in the county in development of bankable proposals on climate change adaptation and mitigation for accessing resources from international climate finance frameworks. (3) Without prejudice to sub-regulation (2), the Steering Committee shall coordinate the development of financial management systems for the Fund that conform to the standards and requirements of the Public Finance Management Act, 2012 and international climate finance frameworks. Expenditure of the Fund 9. (1) There shall be paid out of the Fund payments in respect of expenses incurred pursuant to the objects and purposes of the Fund. (2) Expenditure in respect of administrative costs shall not exceed three percent of the total payments out of the Fund in any financial year. (3) All monies received, savings and accruals to the Fund and any balances not spent at the end of the financial year shall be retained in the Fund to be used in subsequent years for the purposes for which the Fund is established. Reallocation of funds 10. (1) The Fund Administrator may, in consultation with the Steering Committee, and the relevant Ward Planning Committee, reallocate funds allocated to a project which for reasons communicated to the Steering Committee cannot be absorbed or utilized and will not subsequently be needed for the particular project. (2) Such reallocation of funds shall only be done across projects within the same ward, save in situations where the reallocation is done to address a disaster declared by the Governor. (3) A report of all budget reallocations in a ward shall be filed in the Project Fund Reallocation Form in the Schedule giving details of the project, its location, funds reallocated, amount originally allocated, amount unutilized and proposed reallocations, with reasons. Winding up of the Fund 11. (1) The Fund may be wound up at the recommendation of the Executive Committee Member for the time being in charge of County Treasury in consultation with the Steering Committee, and subject to the approval of the County Assembly. (2) Winding up of the Fund shall be done in accordance with the provisions of the Public Finance Management Act, 2012. 6 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 11 PART IV— MANAGEMENT OF THE FUND Payment of Suppliers and Service Providers Administration of the Fund 27. (1) Each Ward Planning Committee shall monitor implementation of projects 12. The Steering Committee shall provide oversight over the Fund and under its supervision and ensure that service providers meet the necessary terms of the specifically— contract in accordance with the approved implementation monitoring plan and disbursement program for each project. (a) mobilize funds and resources for climate change response projects; (2) Payments to suppliers and service providers shall be supported by approved (b) approve estimates of revenue and expenditure of the Fund for each financial documentation from each based on contract terms, project progress report, and approval year; of payment signed by at least two of the approved signatories. (c) approve annual budget, work plan, procurement plans and cash plans for the (3) Payment shall be in accordance with the Implementation Monitoring Plan and Fund; the Investment Schedule. (d) allocate funding for cross-ward and cross-county climate change response (4) The Ward Planning Committee shall submit quarterly reports to, and the projects; Steering Committee reflecting payments made. (e) approve the financial statements of the Fund prepared by the Fund Projects implementation progress reports Administrator before they are presented for audit; 28. (1) The Ward Planning Committees shall submit to the Steering Committee (f) approve the County Climate Finance Framework and the strategic plan of the regular reports on projects under their supervision. Fund; (2) Ward Planning Committees shall prepare and submit to the Fund (g) set out procedures for application, disbursement, recovery and repayments of Administrator monthly financial reports with details of physical progress and financial loans; expenditure on projects under their supervision, providing comparison between the (h) approve disbursement of loans and grants; project implementation schedule and the current status. (i) deliberate, approve and provide directions to the secretariat as appropriate on (3) The reports shall be submitted in Form C. periodic financial and operational reports; Maintenance of records (j) approve performance reports of the Fund and submit to the Governor with a 29. (1) The steering Committee and Ward Planning Committees shall maintain full copy to the Executive Committee Member for the time being in charge of and accurate records of expenditures of the Fund, including— climate change matters; (a) all receipts in respect of every project and the sum total thereof; (k) design procedures and mechanisms for effective and transparent administration of the Fund, including tracking and accounting of climate change finance and (b) all approved documents relating to every expenditure; and monitoring, evaluation, reporting and learning. (c) relevant bank statements of project accounts. Fund Administrator (2) The Ward Planning Committees, , and the Steering Committee shall ensure that 13. the Director in the County department for the time being responsible for all Fund documents are secured and preserved for audit and reference purposes. matters relating to climate change shall be the administrator of the Fund as designated PART V—MISCELLANEOUS PROVISIONS by the County Executive Committee Member in charge of County Treasury. Declaration of interest Functions of the Fund Administrator 30. (1) A member of the Steering Committee, or the Ward Planning Committee 14. The Fund Administrator shall supervise administration and day-to-day who has an interest in any business before the Committee and is present at the meeting operations of the Fund, and specifically— shall as soon as it is reasonably practicable, declare his/her interest and shall thereupon be (a) consult with the Steering Committee and the Executive Committee Member in excused from the meeting and not take part in the consideration or discussion of, or vote charge of climate change matters on all matters related to the administration of on the matter the Fund; (2) A disclosure of interest made under sub regulation (1) shall be recorded in the (b) ensure that disbursement of monies out of the Fund is done in a timely and minutes of the meeting at which it is made. efficient manner and in accordance with the provisions of the Act, these (3) A member of Steering Committee, , or the Ward Planning Committee who Regulations and the Public Finance Management Act, 2012; contravenes sub -regulation (1) shall have his/her membership of the Committee (c) cause to be kept proper books of account and records on the operations of the terminated forthwith upon direction of the Executive Member for the time being in Fund; charge of the County Treasury. 10 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 7 (j) sustainability; (d) prepare, sign and submit a statement of account in respect of each financial (k) innovativeness; year and within three months after the end thereof to the Steering Committee for consideration and approval; (l) clearly defined stakeholder engagement plan ; (e) prepare periodic reports on the financial and non-financial performance of the (m) efficiency and effectiveness of implementation arrangements; Fund and present the same to the Steering Committee for consideration and (n) cost-effectiveness and value for money; approval; (o) Projects that will benefit many people including the most vulnerable groups; (f) ensure compliance with decisions and recommendations of the Steering Committee and submit periodic reports on such compliance; (p) Projects that are in line with the already approved County Plans. (g) be the custodian of all assets, equipment and properties of the Fund; (2) Provided that it shall be the responsibility of, and the Ward Planning Committees to support communities to be able to comply with the criteria for assessing (h) perform such other functions as may be assigned by the Steering Committee project proposals . from time to time. (3) Provided further that the criteria shall not be used to prejudice or disadvantage Bank account of the Fund any communities in accessing project funding from the Fund. 15. (1) The Executive Committee Member for the time being in charge of the Disbursement of funds for approved projects County Treasury shall issue guidelines on banking arrangements of the Fund under the provisions of the Public Finance Management Act, 2012. 24. (1) Upon the Steering Committee approving projects, the Fund Administrator shall publish a list of approved and ranked projects, together with the procurement plans (2) The bank account for the Fund shall be managed by the Fund Administrator in for each project. consultation with the Executive Member for the time being in charge of the County Treasury. (2) The Fund Administrator shall then proceed to release monies to approved projects on quarterly or need basis according to cash flow projections submitted by (3) Signatories to the account shall be— implementers. (i) County Chief Officer in charge of County Treasury; Bank accounts for project funds (ii) Fund Administrator- Mandatory Signatory ; 25 (1) Each Ward Planning Committee shall open two bank accounts, one for (iii) County Chief Officer in charge of Climate Change matters. operating expenses and the other for project funds. (4) Cheques for administrative expenses shall be signed by any two of the (2) The Fund Administrator shall only disburse funds to Ward Planning signatories, but cheques to service providers for projects shall be signed by all three Committees through approved commercial banks. signatories; provided that the Fund Administrator shall sign all cheques issued by the (3) Disbursed funds shall only be withdrawn by duly authorized signatories for use Fund. in meeting expenses of approved projects. (5) The bank account for the Fund shall be subject to auditing under the provisions (4) The accounts shall be opened in line with the Public Finance Management Act. of the Public Finance Management Act, 2012. (5) The ward planning committees accounts shall have 3 signatories with the Fund Responsibilities of Fund Administrator Administrator as a Mandatory signatory. 16. The Fund Administrator shall, in consultation with the Executive Committee Procurement Member for the time being in charge of the County Treasury, put in place financial controls to ensure fiduciary standards are maintained in all Fund operations and to 26. (1) The Fund Administrator shall in consultation with the Executive Committee achieve the desired transparency and accountability with a view to— Member for the time being in charge of the County Treasury facilitate establishment of appropriate procurement systems for each Ward Planning Committee consistent with the (a) promoting regular accurate reporting of all financial transactions on climate requirements of the Public Procurement and Asset Disposal Act, 2015. change adaptation and mitigation; (2) The Fund Administrator shall liaise with the County Director of Procurement (b) ensuring that funds are disbursed efficiently to facilitate timely and effective to facilitate capacity development on procurement procedures and systems for all Ward implementation of projects funded by the Fund to maximize on outputs and Planning Committees. outcomes; (3) Hiring of professionals and other service providers for approved and funded (c) ensuring that project implementers and oversight providers have the necessary projects shall be done in accordance with the Public Procurement and Assets Disposal capacity; Act, 2015 and the Public Finance Management Act, 2012. (d) ensuring that procurement in all Fund projects is competitive, transparent and delivers value for money; 8 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 9 (e) putting in place effective monitoring and evaluation system for both inputs and (b) twenty seven percent for county wide projects, further allocated in the outputs; following manner— (f) ensuring that Fund financial management is subject to timely accounting, (i) ten percent to Climate Change Awareness Creation activities; reporting and auditing by a qualified and independent auditor; and (ii) twenty percent to county specific research and development; and (g) Preparing of budget for approval by the steering committee. (iii) seventy percent to county wide development projects; Allowances 17. (1) Members of the Steering Committee shall be paid allowances in accordance (c) seventy percent for projects proposed by Ward Planning Committees and with Guidelines from the Salaries and Remuneration Commission. approved by the Steering Committee. (2) Members of Ward Planning Committees shall serve on a voluntary basis, but Community consultations to identify priority projects may be reimbursed transport costs at rates to be determined by the County Treasury in 21. (1) Prior to the commencement of the financial year, the Steering Planning consultation with the Executive Committee Member for the time being in charge of Committee in consultation with Ward Planning Committees shall convene at least one climate change matters and in accordance to guidelines of the Salaries and Remuneration community consultation in each location in every ward for the purposes of— Commission. (a) creating public awareness about climate change; PART IV—DISBURSEMENT OF MONIES FROM THE FUND (b) providing information about the nature of project eligible for funding through Planning and budgeting the Fund; and 18. (1) The Fund Administrator shall, prior to the commencement of each financial (c) enabling communities to identify priority climate change response projects. year— (a) prepare and circulate to the Steering the Committee, and the Ward Planning (2) Every Ward Planning Committee shall prepare and submit to the Steering Committees a list of funds available for climate adaptation and mitigation in Planning Committee a report on community consultations held under sub-regulation (1). the county to guide planning of projects; Development of project proposals (b) submit a consolidated list of ongoing climate change response projects in the 22. (1) The Ward Planning Committee for each ward shall, on the basis of priorities county to the Steering Committee, and the Executive Committee Member for identified in the communities consultations under regulation 16, develop project the time being in charge of the County Treasury; proposals with procurement plans for each project. (2) The information provided under sub-regulation (1) shall specify the funds (2) The Ward Planning Committee shall rank the projects in terms of priority, and approved by the Steering Committee for each ward. present the list and the proposals to the Steering Planning Committee using Form A in the (3) The Fund Administrator shall ensure the widest possible circulation through Schedule. the media and public Baraza of the information under sub-regulation (1). Criteria for approval of projects Allocation of funds to Wards 23. (1) In reviewing project proposals for funding, Steering, shall have regard to the 19. In determining the allocation of funds to wards, the Steering Committee shall following factors, among others— be guided by the following factors— (a) proper situation analysis, with clear problem statement and clarity on the level (a) equitable distribution of the Fund across the county having regard to eligibility and urgency of vulnerability and risk arising from delayed intervention; criteria; (b) relevance; (b) giving priority to wards that are more prone to climate change related disasters; (c) magnitude and possibility of risk occurrence; (c) population distribution across the wards. (d) promotion of gender and community cohesion, with due regard to vulnerable Funds distribution groups; 20. Monies available for disbursement from the Fund in any financial year shall be (e) support to strengthening of livelihoods, including through income generation ; distributed as follows— (a) three percent for administrative costs, further allocated in the following (f) promotion of resilience in the locality through adaptation and mitigation; manner— (g) evidence of properly conducted environmental impact assessment ; (i) thirty percent for Steering Committee; and (h) complementarity, value-addition and synergy with existing projects; (ii) seventy percent for Ward Planning Committees. (i) clearly defined monitoring and evaluation plan; 8 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 9 (e) putting in place effective monitoring and evaluation system for both inputs and (b) twenty seven percent for county wide projects, further allocated in the outputs; following manner— (f) ensuring that Fund financial management is subject to timely accounting, (i) ten percent to Climate Change Awareness Creation activities; reporting and auditing by a qualified and independent auditor; and (ii) twenty percent to county specific research and development; and (g) Preparing of budget for approval by the steering committee. (iii) seventy percent to county wide development projects; Allowances 17. (1) Members of the Steering Committee shall be paid allowances in accordance (c) seventy percent for projects proposed by Ward Planning Committees and with Guidelines from the Salaries and Remuneration Commission. approved by the Steering Committee. (2) Members of Ward Planning Committees shall serve on a voluntary basis, but Community consultations to identify priority projects may be reimbursed transport costs at rates to be determined by the County Treasury in 21. (1) Prior to the commencement of the financial year, the Steering Planning consultation with the Executive Committee Member for the time being in charge of Committee in consultation with Ward Planning Committees shall convene at least one climate change matters and in accordance to guidelines of the Salaries and Remuneration community consultation in each location in every ward for the purposes of— Commission. (a) creating public awareness about climate change; PART IV—DISBURSEMENT OF MONIES FROM THE FUND (b) providing information about the nature of project eligible for funding through Planning and budgeting the Fund; and 18. (1) The Fund Administrator shall, prior to the commencement of each financial (c) enabling communities to identify priority climate change response projects. year— (a) prepare and circulate to the Steering the Committee, and the Ward Planning (2) Every Ward Planning Committee shall prepare and submit to the Steering Committees a list of funds available for climate adaptation and mitigation in Planning Committee a report on community consultations held under sub-regulation (1). the county to guide planning of projects; Development of project proposals (b) submit a consolidated list of ongoing climate change response projects in the 22. (1) The Ward Planning Committee for each ward shall, on the basis of priorities county to the Steering Committee, and the Executive Committee Member for identified in the communities consultations under regulation 16, develop project the time being in charge of the County Treasury; proposals with procurement plans for each project. (2) The information provided under sub-regulation (1) shall specify the funds (2) The Ward Planning Committee shall rank the projects in terms of priority, and approved by the Steering Committee for each ward. present the list and the proposals to the Steering Planning Committee using Form A in the (3) The Fund Administrator shall ensure the widest possible circulation through Schedule. the media and public Baraza of the information under sub-regulation (1). Criteria for approval of projects Allocation of funds to Wards 23. (1) In reviewing project proposals for funding, Steering, shall have regard to the 19. In determining the allocation of funds to wards, the Steering Committee shall following factors, among others— be guided by the following factors— (a) proper situation analysis, with clear problem statement and clarity on the level (a) equitable distribution of the Fund across the county having regard to eligibility and urgency of vulnerability and risk arising from delayed intervention; criteria; (b) relevance; (b) giving priority to wards that are more prone to climate change related disasters; (c) magnitude and possibility of risk occurrence; (c) population distribution across the wards. (d) promotion of gender and community cohesion, with due regard to vulnerable Funds distribution groups; 20. Monies available for disbursement from the Fund in any financial year shall be (e) support to strengthening of livelihoods, including through income generation ; distributed as follows— (a) three percent for administrative costs, further allocated in the following (f) promotion of resilience in the locality through adaptation and mitigation; manner— (g) evidence of properly conducted environmental impact assessment ; (i) thirty percent for Steering Committee; and (h) complementarity, value-addition and synergy with existing projects; (ii) seventy percent for Ward Planning Committees. (i) clearly defined monitoring and evaluation plan; 10 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 7 (j) sustainability; (d) prepare, sign and submit a statement of account in respect of each financial (k) innovativeness; year and within three months after the end thereof to the Steering Committee for consideration and approval; (l) clearly defined stakeholder engagement plan ; (e) prepare periodic reports on the financial and non-financial performance of the (m) efficiency and effectiveness of implementation arrangements; Fund and present the same to the Steering Committee for consideration and (n) cost-effectiveness and value for money; approval; (o) Projects that will benefit many people including the most vulnerable groups; (f) ensure compliance with decisions and recommendations of the Steering Committee and submit periodic reports on such compliance; (p) Projects that are in line with the already approved County Plans. (g) be the custodian of all assets, equipment and properties of the Fund; (2) Provided that it shall be the responsibility of, and the Ward Planning Committees to support communities to be able to comply with the criteria for assessing (h) perform such other functions as may be assigned by the Steering Committee project proposals . from time to time. (3) Provided further that the criteria shall not be used to prejudice or disadvantage Bank account of the Fund any communities in accessing project funding from the Fund. 15. (1) The Executive Committee Member for the time being in charge of the Disbursement of funds for approved projects County Treasury shall issue guidelines on banking arrangements of the Fund under the provisions of the Public Finance Management Act, 2012. 24. (1) Upon the Steering Committee approving projects, the Fund Administrator shall publish a list of approved and ranked projects, together with the procurement plans (2) The bank account for the Fund shall be managed by the Fund Administrator in for each project. consultation with the Executive Member for the time being in charge of the County Treasury. (2) The Fund Administrator shall then proceed to release monies to approved projects on quarterly or need basis according to cash flow projections submitted by (3) Signatories to the account shall be— implementers. (i) County Chief Officer in charge of County Treasury; Bank accounts for project funds (ii) Fund Administrator- Mandatory Signatory ; 25 (1) Each Ward Planning Committee shall open two bank accounts, one for (iii) County Chief Officer in charge of Climate Change matters. operating expenses and the other for project funds. (4) Cheques for administrative expenses shall be signed by any two of the (2) The Fund Administrator shall only disburse funds to Ward Planning signatories, but cheques to service providers for projects shall be signed by all three Committees through approved commercial banks. signatories; provided that the Fund Administrator shall sign all cheques issued by the (3) Disbursed funds shall only be withdrawn by duly authorized signatories for use Fund. in meeting expenses of approved projects. (5) The bank account for the Fund shall be subject to auditing under the provisions (4) The accounts shall be opened in line with the Public Finance Management Act. of the Public Finance Management Act, 2012. (5) The ward planning committees accounts shall have 3 signatories with the Fund Responsibilities of Fund Administrator Administrator as a Mandatory signatory. 16. The Fund Administrator shall, in consultation with the Executive Committee Procurement Member for the time being in charge of the County Treasury, put in place financial controls to ensure fiduciary standards are maintained in all Fund operations and to 26. (1) The Fund Administrator shall in consultation with the Executive Committee achieve the desired transparency and accountability with a view to— Member for the time being in charge of the County Treasury facilitate establishment of appropriate procurement systems for each Ward Planning Committee consistent with the (a) promoting regular accurate reporting of all financial transactions on climate requirements of the Public Procurement and Asset Disposal Act, 2015. change adaptation and mitigation; (2) The Fund Administrator shall liaise with the County Director of Procurement (b) ensuring that funds are disbursed efficiently to facilitate timely and effective to facilitate capacity development on procurement procedures and systems for all Ward implementation of projects funded by the Fund to maximize on outputs and Planning Committees. outcomes; (3) Hiring of professionals and other service providers for approved and funded (c) ensuring that project implementers and oversight providers have the necessary projects shall be done in accordance with the Public Procurement and Assets Disposal capacity; Act, 2015 and the Public Finance Management Act, 2012. (d) ensuring that procurement in all Fund projects is competitive, transparent and delivers value for money; 6 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 11 PART IV— MANAGEMENT OF THE FUND Payment of Suppliers and Service Providers Administration of the Fund 27. (1) Each Ward Planning Committee shall monitor implementation of projects 12. The Steering Committee shall provide oversight over the Fund and under its supervision and ensure that service providers meet the necessary terms of the specifically— contract in accordance with the approved implementation monitoring plan and disbursement program for each project. (a) mobilize funds and resources for climate change response projects; (2) Payments to suppliers and service providers shall be supported by approved (b) approve estimates of revenue and expenditure of the Fund for each financial documentation from each based on contract terms, project progress report, and approval year; of payment signed by at least two of the approved signatories. (c) approve annual budget, work plan, procurement plans and cash plans for the (3) Payment shall be in accordance with the Implementation Monitoring Plan and Fund; the Investment Schedule. (d) allocate funding for cross-ward and cross-county climate change response (4) The Ward Planning Committee shall submit quarterly reports to, and the projects; Steering Committee reflecting payments made. (e) approve the financial statements of the Fund prepared by the Fund Projects implementation progress reports Administrator before they are presented for audit; 28. (1) The Ward Planning Committees shall submit to the Steering Committee (f) approve the County Climate Finance Framework and the strategic plan of the regular reports on projects under their supervision. Fund; (2) Ward Planning Committees shall prepare and submit to the Fund (g) set out procedures for application, disbursement, recovery and repayments of Administrator monthly financial reports with details of physical progress and financial loans; expenditure on projects under their supervision, providing comparison between the (h) approve disbursement of loans and grants; project implementation schedule and the current status. (i) deliberate, approve and provide directions to the secretariat as appropriate on (3) The reports shall be submitted in Form C. periodic financial and operational reports; Maintenance of records (j) approve performance reports of the Fund and submit to the Governor with a 29. (1) The steering Committee and Ward Planning Committees shall maintain full copy to the Executive Committee Member for the time being in charge of and accurate records of expenditures of the Fund, including— climate change matters; (a) all receipts in respect of every project and the sum total thereof; (k) design procedures and mechanisms for effective and transparent administration of the Fund, including tracking and accounting of climate change finance and (b) all approved documents relating to every expenditure; and monitoring, evaluation, reporting and learning. (c) relevant bank statements of project accounts. Fund Administrator (2) The Ward Planning Committees, , and the Steering Committee shall ensure that 13. the Director in the County department for the time being responsible for all Fund documents are secured and preserved for audit and reference purposes. matters relating to climate change shall be the administrator of the Fund as designated PART V—MISCELLANEOUS PROVISIONS by the County Executive Committee Member in charge of County Treasury. Declaration of interest Functions of the Fund Administrator 30. (1) A member of the Steering Committee, or the Ward Planning Committee 14. The Fund Administrator shall supervise administration and day-to-day who has an interest in any business before the Committee and is present at the meeting operations of the Fund, and specifically— shall as soon as it is reasonably practicable, declare his/her interest and shall thereupon be (a) consult with the Steering Committee and the Executive Committee Member in excused from the meeting and not take part in the consideration or discussion of, or vote charge of climate change matters on all matters related to the administration of on the matter the Fund; (2) A disclosure of interest made under sub regulation (1) shall be recorded in the (b) ensure that disbursement of monies out of the Fund is done in a timely and minutes of the meeting at which it is made. efficient manner and in accordance with the provisions of the Act, these (3) A member of Steering Committee, , or the Ward Planning Committee who Regulations and the Public Finance Management Act, 2012; contravenes sub -regulation (1) shall have his/her membership of the Committee (c) cause to be kept proper books of account and records on the operations of the terminated forthwith upon direction of the Executive Member for the time being in Fund; charge of the County Treasury. 12 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 5 (4) Where a member is removed from a Committee under sub-regulation (3), the Mobilization of resources for the Fund Executive Member for the time being in charge of the County Treasury shall make arrangements replacement as soon as practicable. 8. (1) Without prejudice to the provisions of regulation 6, the Steering Committee may mobilize resources for the Fund from— Guidelines (a) communities, development partners, and the private sector; 31. (1) The Executive Committee Member for the time being in charge of the County Treasury shall in consultation with the Executive Committee Member for the (b) international climate finance frameworks, including but not limited to the time being in charge of climate change matters and the Steering Committee develop Green Climate Fund, Adaptation Fund and the Global Environment Facility. guidelines for the proper implementation of these Regulations and management of the Fund. (2) The Steering Committee shall coordinate capacity development for key actors in the county in development of bankable proposals on climate change adaptation and mitigation for accessing resources from international climate finance frameworks. (3) Without prejudice to sub-regulation (2), the Steering Committee shall coordinate the development of financial management systems for the Fund that conform to the standards and requirements of the Public Finance Management Act, 2012 and international climate finance frameworks. Expenditure of the Fund 9. (1) There shall be paid out of the Fund payments in respect of expenses incurred pursuant to the objects and purposes of the Fund. (2) Expenditure in respect of administrative costs shall not exceed three percent of the total payments out of the Fund in any financial year. (3) All monies received, savings and accruals to the Fund and any balances not spent at the end of the financial year shall be retained in the Fund to be used in subsequent years for the purposes for which the Fund is established. Reallocation of funds 10. (1) The Fund Administrator may, in consultation with the Steering Committee, and the relevant Ward Planning Committee, reallocate funds allocated to a project which for reasons communicated to the Steering Committee cannot be absorbed or utilized and will not subsequently be needed for the particular project. (2) Such reallocation of funds shall only be done across projects within the same ward, save in situations where the reallocation is done to address a disaster declared by the Governor. (3) A report of all budget reallocations in a ward shall be filed in the Project Fund Reallocation Form in the Schedule giving details of the project, its location, funds reallocated, amount originally allocated, amount unutilized and proposed reallocations, with reasons. Winding up of the Fund 11. (1) The Fund may be wound up at the recommendation of the Executive Committee Member for the time being in charge of County Treasury in consultation with the Steering Committee, and subject to the approval of the County Assembly. (2) Winding up of the Fund shall be done in accordance with the provisions of the Public Finance Management Act, 2012. 4 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 13 PART II—COMPOSITION OF THE FUND FIRST SCHEDULE Establishment of the Fund 5. There is established a fund to be known as the Narok County Climate Change Fund which shall be used to fund climate change projects, programs and activities provided for in the Climate Finance Framework and in these regulations. Sources of the Fund 6. The Fund shall consist of— Form A R. 21(2) (a) monies appropriated by the County Assembly annually, not being less than COMMUNITY PRIORITY PROJECTS NOTIFICATION FORM three per cent of the county development budget; Financial Year ...................................................................................................................... (b) monies received by the county from the national government specifically for climate change activities; Ward Name........................................................................................................................... (c) climate finance received by the county from the national Climate Change Fund; Project title and location (d) international climate finance received by the county directly from the National 1 Project priority rank Designated Authority, National Implementing Authority or any other agency; Short description and target (e) donations, endowments, bequests, grants and gifts from local or foreign 1.1 beneficiaries individuals, public and private entities; 1.2 Justification (f) charges, fees, levies or fines accruing to the county government in connection 1.3 Description of proposed measures with activities that adversely impact on climate change in the county; 2 Project costs (g) interest and any other monies that may lawfully accrue to the Fund in any form. 2.1 Pre-construction costs

2.2 Construction costs Object and Purpose of the Fund

2.3 Additional infrastructure 7. (1) The object and purpose of the Fund is to provide funding for climate change activities identified in the County Climate Change Action Plan and County Climate 2.4 Design and supervision Finance Framework and for connected purposes.

2.5 Contingencies (2) Specifically, the fund shall be used to finance— 2.6 Total project cost (a) climate resilience assessments; 2.7 Estimated annual operating costs (b) implementation of climate change response projects proposed by communities; 2.8 Annual maintenance costs (c) priority county level climate change response projects; 3 Total estimated costs for the year (d) climate change research and knowledge management in the county (In 4 Sources of finance exception of academic research);

4.1 Development costs (e) public education, sensitization and awareness creation on climate change and its impacts; 4.2 Operations and maintenance costs Staffing and maintenance (f) capacity building for staff of the county and other stakeholders to effectively 5 arrangements respond to climate change; 6 Relationship with other projects (g) monitoring, evaluation, reporting on climate change response in the county; Project timeframe (period of (h) any other projects, activities and interventions recommended by Committees 7 implementation established and that are relevant to climate change. 14 Narok County Subsidiary Legislation, 2021 Narok County Subsidiary Legislation, 2021 3

SECOND SCHEDULE THE PUBLIC FINANCE MANAGEMENT ACT (No. 18 of 2012) THE PUBLIC FINANCE MANAGEMENT (NAROK COUNTY CLIMATE CHANGE FUND) REGULATIONS, 2021 IN EXERCISE of the powers conferred by section 116 of the Public Finance Management Act, 2012, the Narok County Executive Committee Member for Finance makes the following Regulations — PART I—PRELIMINARY Form B R. 10(3) Citation PROJECT FUNDS REALLOCATION FORM 1. These regulations may be cited as the Public Finance Management (Narok Ward Name........................................................................................................................... County Climate Change) Fund Regulations, 2021. Financial Year ...................................................................................................................... Interpretation 2. In these Regulations, unless the context otherwise requires— Project Project Amount Amount Balance Unspent to “county treasury” has the meaning assigned to it by section 2 of the Public Finance No. Location Allocated Disbursed (Kshs.) be Management Act, 2012; (Kshs.) (Kshs.) Reallocated “fund” means the Narok County Climate Change Fund established under regulation 5 of these Regulations; “fund participating institutions” means national, regional and international institutions that have contributed to the Fund or are implementing climate change related activities in the county; “steering committee” means the County Climate Change Steering Committee established under Regulation 8 of these regulations; “ward planning committee” means the Ward Climate Change Planning Committee established under Regulation 12. Objects 3. The object of these Regulations is to define the procedures for management, operations and winding up of the Fund, and for planning of climate change response interventions to be funded by the Fund. Reasons for reallocation: Principles .............................................................................................................................................. 4. (1) The implementation of these Regulations and the management of the Fund .............................................................................................................................................. shall be guided by the values and principles set out under article 201 of the Constitution .............................................................................................................................................. of Kenya. (2) Without prejudice to the provisions of sub regulation (1), the Fund shall be Signature ....................................................... managed and disbursements made with due regard to the following principles— Date .............................................................. (a) giving effect to priorities set by communities following a community driven Name .................................................................................................................................... participatory planning process; Position .................................................................................................... (b) strengthening the role of communities, community structures and indigenous knowledge systems in the planning of climate change response interventions; and (c) investing in public goods and structures to strengthen adaptation to climate change.