West Pokot County Climate Change Fund Regulations, Legal Notice no. 1 of 2022

SPECIAL ISSUE Kenya Gazette Supplement No. 10 7th June, 2022 (West Pokot County Legislative Supplement No. 1) LEGAL NOTICE NO. 1 THE WEST POKOT COUNTY CLIMATE CHANGE FUND ACT, 2021 (No. 1 of 2021) THE WEST POKOT COUNTY CLIMATE CHANGE FUND REGULATIONS, 2022 ARRANGEMENT OF REGULATIONS Regulation PART I—PRELIMINARY 1— Citation. 2— Interpretation. 3— Objects. 4— Guiding values and principles. PART II—COUNTY CLIMATE CHANGE FUND 5— Establishment of County Climate Change Fund. 6— Capital of the Fund. 7— Sources of the Fund. 8— Object and purpose of the Fund. 9— Mobilization of Resources for the Fund. 10— Expenditure of the Fund. 11— Reallocation of funds. 12— Winding up of the Fund. PART III—MANAGEMENT OF THE FUND 13— Oversight. 14— Fund Administrator. 15— Functions of the Fund Administrator. 16— Removal of Fund Administrator. 17— Bank account of the Fund. 18— Financial reporting procedures. 19— Allowances. PART IV—DISBURSEMENT OF MONIES FROM THE FUND 20— Planning and budgeting. West Pokot County Subsidiary Legislation, 2022 2 21— Allocation of funds to wards. 22— Funds distribution. 23— Community consultations to identify priority projects. 24— Development of project proposals. 25— Criteria for approval of projects. 26— Decision of Ward Climate Change Planning Committee on proposals. 27— Disbursement of funds for approved projects. 28— Bank accounts for project funds. 29— Complaints mechanism. 30— Procurement. 31— Payment of suppliers and service providers. 32— Projects implementation progress reports. 33— Maintenance of records. 34— Financial reporting. 35— Annual report of the Fund. 36— Audit. PART V—MISCELLANEOUS PROVISIONS 37— Declaration of interest. 38— Guidelines. 39— Amendments. FIRST SCHEDULE West Pokot County Subsidiary Legislation, 2022 3 THE WEST POKOT COUNTY CLIMATE CHANGE FUND ACT, 2021 (No. 1 of 2021) IN EXERCISE of powers conferred by Section 65 of the West Pokot County Climate Change Fund Act, 2021, the County Executive Committee Member in charge of Water, Environment, Natural Resources and Climate Change makes the following Regulations: THE WEST POKOT COUNTY CLIMATE CHANGE FUND REGULATIONS, 2022 PART I—PRELIMINARY Citation 1. These regulations shall be cited as the West Pokot County Climate Change Fund Regulations, 2022. Interpretation 2. In these Regulations, unless the context otherwise requires— “Act” means the West Pokot County Climate Change Fund Act, 2021; “adaptation” means adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects in order to moderate harm or exploit beneficial opportunities; “adaptive capacity" means the ability of a system to adapt to the impacts, cope with the consequences, minimize potential damages, or take advantage of opportunities offered by climate change or climate variability; “climate change” means a change in the climate system which is caused by significant changes in the concentration of greenhouse gases as a consequence of human activities and which is in addition to natural climate change that has been observed during a considerable period of time; “climate change unit” means the County Climate Unit of West Pokot County established under section 20 of the Act, as well as provided for by section 19(3) of the Climate Change Act, 2016; “constitution” means the Constitution of Kenya, 2010; “county” means West Pokot County; “county assembly” means the County Assembly of West Pokot County; “county government” means the County Government of West Pokot; “County wide Projects” means projects prioritized at the County Level by the County Climate Change Unit or by the County Climate Change Coordination Committee; “directorate” means the Climate Change Directorate established under section 9(1) of the Climate Change Act, 2016; “environment" has the meaning assigned to it in section 2 of the Environmental Management and Coordination Act Cap 387 Laws of Kenya; “executive committee member” means the County Executive Committee Member for the time being in charge of climate change matters or in responsible for Finance; West Pokot County Subsidiary Legislation, 2022 4 “Fund” means the West Pokot County Climate Change Fund established under section 48 of the Act; “fund administrator” means the Administrator of the County Climate Change Fund established under section 22 (2) of the Act; "mitigation" means preventing, reducing or slowing down the increase of atmospheric greenhouse gas concentrations by limiting current or future emissions and enhancing potential risks for greenhouse gases; ‘coordination committee” means the County Climate Change Coordination Committee established under section 4 of the Act; "private entity" means a body or person with functions of a private nature, and includes bodies registered under the Public Benefits Organizations Act, 2013; "resilience" means the ability of a social, economic or ecological system to absorb disturbances while retaining the same basic structure and ways of functioning, the capacity for self organization and the capacity to adapt to stress and change; “vulnerability” means the conditions determined by physical, social, economic and environmental factors or processes, which increase the susceptibility of a system to the impact of hazards; “ward climate change planning committee” means the Ward Climate Change Planning Committee established under section 25 of the Act; “Low carbon climate resilient development” means reducing or lowering greenhouse gas emission while undertaking climate smart activities. 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. Guiding values and principles 4. (1) The implementation of these Regulations and the management of the Fund shall be guided by the values and principles set out in article 201 of the Constitution of Kenya 2010. (2) Without prejudice to the provisions of sub-regulation (1), the Fund shall be managed and disbursements made with due regard to the following principles: (a) Promotion and protection of the right to a clean and healthy environment in accordance with Article 42 of the Constitution; (b) Establish frameworks and mechanisms for mobilization and transparent and accountable management of financial and other resources for climate change response; (c) Facilitate effective management of climate change impacts by enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change; (d) Promote, support and facilitate community-based and community-initiated adaptation and mitigation activities; West Pokot County Subsidiary Legislation, 2022 5 (e) Facilitate public participation in climate change response through capacity development, awareness creation, consultation, representation and access to information; (f) Mainstream climate change responses into development planning climate, decision making and implementation; (g) Contribute to national efforts to address the adverse impacts of climate change. PART II—COUNTY CLIMATE CHANGE FUND Establishment of County Climate Change Fund 5. There is established a County Climate Change Fund for funding climate change actions and interventions as provided under Section 48 (1) of the Act. Initial Capital of the Fund 6. The initial capital of the Fund shall not be less than 0.25 per cent of the annual development budget of the county appropriated by the County Assembly in the financial year commencing immediately after the date of commencement of these Regulations. Sources of the Fund 7. The Fund shall consist of— (a) monies appropriated by the County Assembly annually, not being less than one percent of the county development budget; (b) money received from the National Climate Change Fund; (c) International Climate Finance received by the county directly or through National Treasury, or other government agencies; (d) donations, endowments, bequests, grants and gifts from individuals, public and private entities, local or foreign; (e) interest and any other money that may lawfully accrue to the Fund in any form. Object and purpose of the Fund 8. (1) The object and purpose of the Fund is to provide funding for climate change activities prioritized by the Ward Climate Change Planning Committees, Climate Change Unit and County Climate Change Coordination Committee, and for connected purposes. (2) The Fund shall be used to finance— (a) climate resilience assessments; (b) implementation of climate change response projects proposed by Ward Climate Change Planning Committees and communities and approved by the County Climate Change Coordination Committee, (c) priority county level climate change response projects approved by the County Climate Change Coordination Committee, (d) climate change research and knowledge management in the county, West Pokot County Subsidiary Legislation, 2022 6 (e) public education, sensitization and awareness creation on climate change and its impacts, (f) capacity building for staff of the county and other stakeholders to effectively respond to climate change, (g) monitoring, evaluation, reporting and learning on climate change response in the county; and (h) any other projects, activities and interventions recommended by the County Climate Change Coordination Committee. Mobilization of Resources for the Fund 9. (1) Without prejudice to the provisions of regulation 7, the County Climate Change Coordination Committee and Climate Change Unit , shall mobilize resources for the Fund from: (a) communities, development partners, and the private sector; (b) international climate finance frameworks, including but not limited to the Green Climate Fund, Adaptation Fund and the Global Environment Facility; (2) County Climate Change Coordination 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 County Climate Change Coordination 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 10. (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 ten 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 11. (1) The Fund Administrator may, in consultation with the County Climate Change Coordination Committee, and the Ward Climate Change Planning Committee, reallocate funds allocated to a project which for reasons communicated to the County Climate Change Coordination 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 in accordance with the provisions of the Public Finance Management Act, 2012. (3) A report of all budget reallocations in a ward shall be filed in the Project Fund Reallocation Form (Form B in the Schedule hereto) giving details of the project, its location, funds reallocated, amount originally allocated, amount unutilized and proposed reallocations, with reasons. West Pokot County Subsidiary Legislation, 2022 7 Winding up of the fund 12. (1) The monies that the fund may consist of may be wound up at the recommendation of the Executive Committee Member for the time being responsible for Finance in consultation with the Executive Committee member for the time being in Charge of Water, Environment, Natural Resources and Climate Change, and subject to the approval of the County Assembly. (2) Winding up of the monies that the fund may consist of shall be done in accordance with the provisions of the Public Finance Management Act, 2012. PART III—MANAGEMENT OF THE FUND Oversight 13. The County Climate Coordination Committee shall provide oversight over the Fund and specifically— (a) Mobilize funds and resources for climate change response projects approved by the Climate Change Unit; (b) approve estimates of revenue and expenditure of the Fund for each financial year; (c) approve annual budget, work plan, procurement plans and cash plans for the Fund; (d) allocate funding for cross-ward and cross-county climate change response projects; (e) approve the financial statements of the Fund prepared by the Fund Administrator before they are presented for audit; (f) approve the County Climate change action plan and the County Climate Change Strategic Plan of the Fund; (g) set out procedures for application, disbursement, recovery and repayments of loans; (h) approve disbursement of loans and grants; (i) deliberate, approve and provide directions to the fund administrator as appropriate on periodic financial and operational reports; (j) approve performance reports of the Fund and submit to the Governor with a copy to the County Executive Member for Finance; (k) design procedures and mechanisms for effective and transparent administration of the Fund, including tracking and accounting of climate change finance and monitoring, evaluation, reporting and learning. Fund Administrator 14. The Director responsible for Climate Change matters shall be the fund administrator. Functions of the Fund Administrator 15. The Fund Administrator shall supervise administration and day-to-day operations of the Fund, and specifically— West Pokot County Subsidiary Legislation, 2022 8 (i) consult with the County Climate Change Coordination Committee, the Executive Committee Member responsible for Finance and Executive member in Charge of Water, Environment, Natural Resources and Climate Change on all matters related to the administration of the Fund; (ii) ensure that disbursement of monies out of the Fund is done in a timely and efficient manner and in accordance with the provisions of the Act, these Regulations and the Public Finance Management Act, 2012; (iii) cause to be kept proper books of account and records on the operations of the Fund; (iv) prepare, sign and submit a statement of account in respect of each financial year and within three months after the end thereof to the County Climate Change Coordination Committee for consideration and approval; (v) prepare periodic reports on the financial and non-financial performance of the Fund and present the same to the County Climate Change Coordination Committee for consideration and approval; (vi) ensure compliance with decisions and recommendations of the County Climate Change Coordination Committee and submit periodic reports on such compliance; (vii) be the custodian of all assets, equipment and properties of the Fund; (viii) perform such other functions as may be assigned by the County Climate Change Coordination Committee from time to time. Removal of Fund Administrator 16. The Fund Administrator may— (a) at any time resign from office by issuing one (1) months’ notice in writing to the chairperson of the County Climate Change Coordination Committee; (b) be removed from office by the Executive Member for the time being in charge of Finance on the recommendation of the County Climate Change Coordination Committee on any one or a combination of the following grounds— (i) serious violation of the Constitution or any other written law; (ii) gross misconduct, whether in the performance of the functions of office or otherwise; (iii) physical or mental incapacity to perform the functions; (iv) incompetence; or (v) bankruptcy Bank account of the Fund 17. (1) The Executive Committee Member for the time being in charge of the County Treasury shall issue guidelines on banking arrangements of the Fund under the provisions of the Public Finance Management Act, 2012. (2) The bank account for the Fund shall be— West Pokot County Subsidiary Legislation, 2022 9 (a) managed by the Fund Administrator in consultation with the Executive Member for the time being in charge of Finance; (b) Signatories to the account shall be— (i) the Principal Finance Officer (ii) Chief Officer for the time being responsible for water, environment, natural resources and climate change (iii) Fund Administrator (who is a mandatory signatory) (3) All Cheques for administrative expenses shall be signed by any two of the signatories, but cheques to service providers for projects shall be signed by all three signatories. (4) The bank account for the Fund shall be subject to auditing under the provisions of the Public Finance Management Act, 2012. Financial reporting procedures 18. The Fund Administrator shall, in consultation with the Executive Committee Member for the time being in charge of Finance put in place financial controls to ensure fiduciary standards are maintained in all Fund operations and to achieve the desired transparency and accountability with a view to— (a) promoting regular accurate reporting of all financial transactions on climate change adaptation and mitigation; (b) ensuring that funds are disbursed efficiently to facilitate timely and effective implementation of projects funded by the Fund to maximize on outputs and outcomes; (c) ensuring that project implementers and oversight providers have the necessary capacity; (d) ensuring that procurement in all Fund projects is competitive, transparent and delivers value for money; (e) putting in place effective monitoring and evaluation system for both inputs and outputs; and (f) Ensuring that Fund financial management is subject to timely accounting, reporting and auditing by a qualified and independent auditor. Allowances 19. Members of the County Climate Change Coordination Committee, Climate Change Unit, and Ward Climate Change Planning Committee shall be paid allowances in accordance with Guidelines from the Salaries and Remuneration Commission. PART IV—DISBURSEMENT OF MONIES FROM THE FUND Planning and budgeting 20. (1) The Fund Administrator shall, prior to the commencement of each financial year— (a) prepare and circulate to the County Climate Change Coordination Committee the Climate Change Unit and Ward Climate Change Planning Committees a West Pokot County Subsidiary Legislation, 2022 10 list of funds available for climate adaptation and mitigation in the county to guide planning of projects; (b) provide details of conditional funds, if any, to target recipients; (c) submit a consolidated list of ongoing climate change response projects in the county to the County Climate Change Coordination Committee, Climate Change Unit, and the County Executive Committee Member for the time being responsible for finance. (2) The information provided under sub-regulation (1) shall specify the funds approved by the County Climate Change Coordination Committee for each ward. (3) The Fund Administrator shall ensure the widest possible circulation through the media and public baraza of the information under sub-regulation (1). Allocation of funds to wards 21. In determining the allocation of funds to wards, the County Climate Change Coordination Committee shall be guided by the following factors— (a) equitable distribution of the Fund across the county having regard to eligibility criteria; (b) giving priority to wards that are more prone to climate change related disasters; (c) population distribution across the wards. Funds distribution 22. Monies available for disbursement from the Fund in any financial year shall be distributed as follows: (a) Ten per cent (10%) of the moneys available in the Fund shall be allocated for administrative costs as follows— (i) fifty per cent (50%) of the administrative costs shall be assigned to the climate change unit; (ii) twenty-five per cent (25%) to Ward Climate Change Planning Committee for of the administrative costs shall be assigned; to the administrative costs of the Ward climate change Planning Commitee (iii) twenty five per cent (25%) to County Climate Change Coordination Committee (b) Twenty percent of the money’s available in the fund shall be Allocated to County wide projects as follows— (i) ten per cent shall be assigned to Climate Change Awareness and information systems Activities; (ii) twenty per cent shall be assigned to County Specific Research and development, and; (iii) seventy per cent of the fund shall be assigned to County Wide development projects West Pokot County Subsidiary Legislation, 2022 11 (c) Seventy per cent of the available fund shall be allocated to Projects received by the Ward Climate Change Committee and Approved by the County Coordination Committee in regulation 8 (2)(c). (d) Moneys not spent at the end of any financial year shall be retained in the Fund for uses that are allowable under these regulations. Community consultations to identify priority projects 23. (1) Prior to the commencement of the financial year, the Climate Change Unit in consultation with Ward Climate Change Planning Committees shall convene at least one community consultation in each location in every ward for the purposes of— (a) creating public awareness about climate change; (b) providing information about the nature of project eligible for funding through the Fund, and; (c) enabling communities to identify priority climate change response projects (2) Every Ward Climate Change Planning Committee shall prepare and submit to the Coordination Committee a report on community consultations held under sub-regulation (1). Development of project proposals 24. (1) The Ward Climate Change Planning Committee for each ward shall, on the basis of priorities identified in the communities consultations under regulation 23 (1), develop project proposals with procurement plans for each project. (2) The Ward Climate Change Planning Committee shall rank the projects in terms of priority, and present the list and the proposals to the Climate Change Unit using Form D in the Schedule. Criteria for approval of projects 25. (1) In reviewing project proposals for funding, the Ward Climate Change Planning Committee shall have regard to the following factors, among others— (a) proper situation analysis, with clear problem statement and clarity on the level and urgency of vulnerability and risk arising from delayed intervention; (b) relevance; (c) magnitude and possibility of risk occurrence; (d) promotion of gender and community cohesion, with due regard to vulnerable groups; (e) support to strengthening of livelihoods, including through income generation; (f) promotion of resilience in the locality through adaptation and mitigation; (g) evidence of properly conducted environmental impact assessment; (h) complementarity, value-addition and synergy with existing projects; (i) clearly defined monitoring and evaluation plan; (j) sustainability; (k) innovativeness; (l) clearly defined stakeholder engagement plan; West Pokot County Subsidiary Legislation, 2022 12 (m) efficiency and effectiveness of implementation arrangements; (n) cost-effectiveness and value for money (2) Provided that it shall be the responsibility of the Climate Change Unit and the Ward Climate Change Planning Committees to support communities to be able to comply with the criteria for assessing project proposals. (3) Provided further that the criteria shall not be used to prejudice or disadvantage any communities in accessing project funding from the Fund. Decision of Ward Climate Change Planning Committee on proposals 26. (1) The County Climate Change Coordination Committee shall review proposals from Ward Climate Change Planning Committees, and make a decision thereon within 30 days from the date of receipt. (2) The Climate Change Unit may constitute a Project Evaluation Team composed of the following persons in every ward for purposes of approving project proposals— (a) County technical staff seconded by relevant County Departments; (b) consultants and technical staff from fund participating institutions; and (c) consultants hired by the Climate Change Unit. (3) The County Climate Change Coordination Committee may require that Ward Climate Change Planning Committees appear before it to defend their proposals and answer questions from members during the proposal review process. (4) Upon reviewing the Ward Climate Change Planning Committee project Proposals, the County Climate Change Coordination Committee may— (a) approve the project proposals; (b) reject the project proposals, giving reasons in writing; (c) instruct the respective Ward Climate Change Planning Committee to make specified amendments to the project proposals, and in such case approve the amended proposal within three weeks of its submission. Disbursement of funds for approved projects 27. (1) Upon the County Climate Change Coordination Committee approving projects, the Fund Administrator shall publish a list of approved and ranked projects, together with the procurement plans for each project. (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 implementers and approved by the County Climate Change Coordination Committee. Bank accounts for project funds 28. (1) Each Ward Climate Change Planning Committee shall open two bank accounts, one for operating expenses and the other for project funds. (2) The Fund Administrator shall only disburse funds to Ward Climate Change Planning Committees through approved commercial banks. (3) Disbursed funds shall only be withdrawn by duly authorized signatories for use in meeting expenses of approved projects. West Pokot County Subsidiary Legislation, 2022 13 Complaints mechanism 29. (1) Any community member who is aggrieved by the decision of the Ward Climate Change Planning Committee on projects forwarded to the County Climate Change Coordination Committee for funding shall submit the complaint to the Fund Administrator. (2) The Fund Administrator shall forward the complaint to the Climate Change Unit for determination. (3) The Climate Change Unit shall make a determination on the complaint within a period of six weeks and submit a report to the County Climate Change Coordination Committee with a copy to the Fund Administrator, who shall communicate the determination to the complainant in writing. (4) The determination of the County Climate Change Coordination Committee shall be final. (5) The Climate Change Unit may develop guidelines for processing of complaints. Procurement 30. (1) The Fund Administrator shall in consultation with the Executive Committee Member for the time being in charge of the County Treasury facilitate establishment of appropriate procurement systems for each Ward Climate Change Planning Committee consistent with the requirements of the Public Procurement and Asset Disposal Act, 2015. (2) The Fund Administrator shall liaise with the County Director of Procurement to facilitate capacity development on procurement procedures and systems for all Ward Climate Change Planning Committees. (3) Hiring of professionals and other service providers for approved and funded projects shall be done in accordance with the Public Procurement and Assets Disposal Act, 2015, The Public Procurement and Assets Disposal Regulations 2020, and the Public Finance Management Act, 2012. Payment of suppliers and service providers 31. (1) Each Ward Climate Change Planning Committee shall monitor implementation of projects under its supervision and ensure that service providers meet the necessary terms of the contract in accordance with the approved implementation monitoring plan and disbursement program for each project. (2) Payments to suppliers and service providers shall be supported by approved documentation from each based on contract terms, project progress report, and approval of payment signed by three approved signatories. (3) Payment shall be in accordance with the Public Procurement and Disposal Act, 2015 and Public Procurement and Assets Disposal Regulations, 2020. (4) The Ward Climate Change Planning Committee shall submit quarterly reports to the Climate Change Unit which forwards to the County Climate Change Coordination Committee reflecting payments made. West Pokot County Subsidiary Legislation, 2022 14 Projects implementation progress reports 32. (1) The Climate Change Unit and Ward Climate Change Planning Committees shall submit to the County Climate Change Coordination Committee regular reports on projects under their supervision. (2) Ward Climate Change Planning Committees shall prepare and submit to the Fund Administrator quarterly financial reports with details of physical progress and financial expenditure on projects under their supervision, providing comparison between the project implementation schedule and the current status. (3) The reports shall be submitted in Form C. Maintenance of records 33. (1) The Climate Change Unit and Ward Climate Change Planning Committees shall maintain full and accurate records of expenditures of the Fund, including— (a) all receipts in respect of every project and the sum total thereof; (b) all approved documents relating to every expenditure; and (c) relevant bank statements of project accounts. (2) The Ward Climate Change Planning Committees, the Climate Change Unit and the County Climate Change Coordination Committee shall ensure that all Fund documents are secured and preserved for audit and reference purposes. Financial reporting 34. (1) The Fund Administrator shall prepare and submit quarterly reports to the County Climate Change Coordination Committee through the Climate Change Unit for approval and onward submission to the Executive Committee Member for the time being responsible for the County Treasury. (2) The reports submitted under sub-regulation (1) shall provide details of— (a) programmes and projects funded by or in partnership with the Fund; (b) disbursements by each of the supporting financing and total amounts received; (c) funding status showing monies disbursed for each of the projects by ward and sub-county; and (d) a summary of ongoing climate change activities in the county. (3) At the end of each financial year, the Fund Administrator shall prepare annual performance report, which on approval by the County Climate Change Coordination Committee shall be submitted to Executive Committee Member for the time being responsible for the County Treasury for onward transmission to the County Assembly. Annual report of the Fund 35. (1) Not later than three months after the end of each financial year, the Fund Administrator shall prepare the annual report on the Fund. (2) The annual report shall include, inter alia— (a) the audited financial report of the Fund; (b) description of the activities of the Fund; West Pokot County Subsidiary Legislation, 2022 15 (c) such other statistical information as the Fund may consider appropriate relating to the Fund’s functions; (d) the impact of the exercise of any of its mandate or function; (e) any impediments to the achievement of the objects and functions of the Fund; (f) such other information as the Executive Committee Member for the time being responsible for Finance may direct; and (g) Any other information relating to its functions that the County Climate Change Coordination Committee considers necessary. (3) The annual report shall be approved by the County Climate Change Coordination Committee and published and publicized in a manner that the Governor may determine. Audit 36. (1) The Fund Administrator shall cause to be kept proper books and records of account of its income, expenditure, assets and liabilities. (2) Within three months after the end of each financial year, the Fund Administrator shall submit to the County Treasury the accounts of the Fund in respect of that year together with— (a) a statement of the income and expenditure of the Fund during that year; and (b) a statement of the assets and liabilities of the Fund on the last day of that financial year. (3) The annual accounts of the Fund shall be prepared, audited and reported upon in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Finance Management Act, 2012. PART V – MISCELLANEOUS PROVISIONS Declaration of interest 37. (1) A member of the County Climate Change Coordination Committee, the Climate Change Unit or the Ward Climate Change Planning Committee who has an interest in any business before the Committee and is present at the meeting shall as soon as it is reasonably practicable, declare his/her interest in Form E of First Schedule of these regulations and shall thereupon be excused from the meeting and not take part in the consideration or discussion of, or vote on the matter. (2) A disclosure of interest made under sub-regulation (1) shall be recorded in the minutes of the meeting at which it is made. (3) A member of County Climate Change Coordination Committee, the Climate Change Unit or the Ward Climate Change Planning Committee who contravenes sub regulation (1) shall have his/her membership of the Committee terminated forthwith upon direction of the County Executive Member for the time being in charge of climate change matters. (4) Where a member is removed from a Committee under sub-regulation (3), the County Executive Member for the time being in charge of water, environment, natural resources and Climate Change shall make arrangements for replacement as soon as practicable. West Pokot County Subsidiary Legislation, 2022 16 Guidelines 38. The County Executive Committee Member for the time being responsible for Finance shall in consultation with the Executive Committee Member for the time being in charge of water, environment, natural resources and climate Change , and the County Climate Change Coordination Committee develop guidelines for the proper implementation of these Regulations and management of the Fund. Amendments 39. (1) The County Climate Change Coordination Committee may on its own motion or at the instance of any other interested party recommend to the Executive Committee Member for the time being in charge of the water, environment, natural resources and Climate Change any amendments to these regulations for consideration. (2) The County Executive Committee Member for the time being in charge water, environment, natural resources and Climate Change shall subject any recommendation from the County Climate Change Coordination Committee for amendments to these Regulations to public participation before giving effect thereto. West Pokot County Subsidiary Legislation, 2022 17 FIRST SCHEDULE FORM (A) (r.23(1)(c)) PRIORITY PROJECTS NOTIFICATION FORM Ward Name……………………… Financial Year……………………………… 1 Project Name 2 Location 3 Project priority rank 4 Project timeframe (period of implementation 6 Target beneficiaries 7 Justification 8 Description of proposed activities 9 Estimated Project cost 10 Sources of finance Prepared by: Name Designation Signature Date: Approved by Name Designation Signature Date: West Pokot County Subsidiary Legislation, 2022 18 FORM (B) (r.11(3)) PROJECT FUNDS RE-ALLOCATION FORM Ward Name……………………………………. Financial Year…………… Project Name Location of the Project (Ward) Amount Allocated (Kshs) Amount Disbursed (Kshs) Balance (Kshs) Unspent to be Re-allocated (Kshs) Reasons for Reallocation 1 2 3 4 5 Prepared By: Name Signature Date West Pokot County Subsidiary Legislation, 2022 19 FORM (C) (r.34(3)) REPORTING TEMPLATE FOR CLIMATE CHANGE ACTIONS –PROJECTS Ward Name………………………………………….…. Financial Year…….…………… Projec t Name Budget allocatio n Locatio n in the Ward Expecte d duration of the project Star t Dat e Expected Completio n Date Contrac t Sum Actual Expendi ture Outstandin g Balance Status of the Projec t 1 2 3 4 5 Prepared by: Name Signature Date West Pokot County Subsidiary Legislation, 2022 20 FORM (D) (r.24(2)) WARD RANKING OF PROPOSED PROJECTS Project Name Location Ranking Estimated Cost 1 2 3 4 5 Grand Total All Proposals Prepared by: Name Signature Date West Pokot County Subsidiary Legislation, 2022 21 FORM (E) (r.37(1)) INTEREST DECLARATION FORM Your Name: ........................................................................................................................... Your Position: ....................................................................................................................... Date: ...................................................................................................................................... State the Nature of Interest: ................................................................................................... Signature: .............................................................................................................................. Date: ..................................................................................................................................... Submitted to: ....................................................................................................................... CHARLES L. LOCHERO, County Executive Committee Member for Water, Environment Natural Resources and Climate Change. PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI