Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND ACT
CAP. 414A
- Published in Kenya Gazette Vol. CXVII—No. 145 on 24 December 2015
- Assented to on 15 December 2015
- Commenced on 19 February 2016
- [Amended by National Government Constituencies Development Fund (Amendment) Act, 2016 (Act No. 39 of 2016) on 4 October 2016]
- [Amended by National Government Constituencies Development Fund (Amendment) Act, 2022 (Act No. 24 of 2022) on 11 July 2022]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by The National Government Constituencies Development Fund (Amendment) Act, 2023 (Act No. 21 of 2023) on 29 December 2023]
Part I – PRELIMINARY
1. Short title and commencement
This Act may be cited as the National Government Constituencies Development Fund Act and shall come into force, as follows:2. Interpretation
In this Act, unless the context otherwise requires—"bank account of the Fund" means the National Government Constituencies Development Fund account maintained in accordance with section 13;"Board" means the National Government Constituencies Development Fund Board established under section 14;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to national economic policy and planning and development;"Chairperson" means the Chairperson of the Board appointed under section 15(3);"chief executive officer" means the chief executive officer of the Board appointed under section 20;"community" means residents of a particular geographical area or region defined as a constituency, ward, location, sub location or village and having common interests;"constituency" means one of the constituencies into which Kenya is divided under Article 89 of the Constitution;"Constituency Committee" means a National Government Constituency Development Fund Committee established under section 43(1);"Constituency account" deleted by Act No. 24 of 2022, s. 2;"constituency operations account" means the accounts maintained for every constituency in accordance with section 12;"Fund" means the National Government Constituencies Development Fund established under section 4(1);"National Assembly Committee" means the National Assembly Select Committee established in accordance with section 50;"Officer of the Board" means an officer of the Board appointed under section 22;"project" means an eligible development project as described in the Act;"project management committee" means a committee or board of persons elected or nominated to implement a project or manage an institution, including a committee existing prior to the establishment of the Fund and which is assuming the responsibility of implementing a project funded under the Act;"revenue" has the meaning assigned to it under the Commission on Revenue Allocation Act (Cap. 428);"sub-project" means a complete unit or part of a project that can be put to use towards the achievement of the project objectives;"third party monies" means any monies withheld by the constituency in respect of retention monies for construction projects, accumulated gratuity or service pay and any other monies withheld by the constituency in relation to implementation of projects under this Act;"ward" means a ward administered by an assistant county commissioner under the National Government Coordination Act (Cap. 127);"youth" means a person who has attained the age of eighteen years but has not attained the age of thirty-five years.[Act No. 24 of 2022, s. 2.]3. Objects of the Act
The objects of this Act are to—Part II – ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND
4. Establishment of the Fund
5. Disbursement from the Fund
6. Allocation of funds
7. Funds to be retained in the Fund
8. Emergency Reserve
9. Administration expenses
The project management committee shall set aside a sum not exceeding five per centum of the total allocation for the project to cater for the administration expenses of the project.10. Books of accounts to be kept
The sums set aside under sections 8 and 9 shall be properly accounted for and proper books of accounts shall be kept and returns made to the Constituency Committee for that constituency on how the sum has been used.11. Audit
All funds received under this Act shall be audited and reported upon by the Auditor-General.12. Constituency Account
13. Bank Account of the Fund
Part III – ESTABLISHMENT OF THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND BOARD
14. Establishment of the Board
15. Composition of the Board
16. Functions of the Board
The functions of the Board shall be to—17. Powers of the Board
The Board shall have all the powers necessary for the proper performance of its functions under this Act, and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to—18. Conduct of the business and affairs of the Board
19. Vacancy
The office of the chairperson or member of the Board falls vacant if the holder -19A. Filling of vacancy
20. Chief executive officer of the Board
21. Appointment of secretary to the Board
22. Staff of the Board
23. Finances of the Board
Part IV – NATURE OF PROJECTS
24. Projects to be in respect of national government functions
A project under this Act shall only be in respect of works and services falling within the exclusive functions of the national government as provided in the Constitution.[Act No. 21 of 2023, s. 6.]25. Funding of projects
26. Unspent funds and Joint projects
Part V – IDENTIFICATION AND SUBMISSION OF CONSTITUENCY PROJECT PROPOSALS
27. Identification and submission of projects
28. Submission deadline
29. Submission form
30. Projects description Form
For every project listed in the Constituency Projects Submission Form, there shall be attached a Project Description Form as set out in the Fourth Schedule.31. Approval of Projects
32. Constituency Committee to determine quantum of instalments
The constituency Committee shall determine the quantum of installments for disbursement to projects within the constituency, taking into account, the disbursement received and, the projects requirements.[Act No. 24 of 2022, s. 12.]32A. Constituency Committee to inform the Board of allocation
The constituency Committee shall within forty-five days of allocating funds under section 32, inform the Board of such allocation.[Act No. 24 of 2022, s. 13.]33. List to be serialised
The projects listed for each constituency shall be numbered by the Board and the serial numbers of all projects in a constituency shall bear the number of the constituency as delineated by the Independent Electoral and Boundaries Commission in order to ensure that a project retains the same serial number every year until its completion.34. Basis for budget ceiling
35. Criteria for projects
Part VI – IMPLEMENTATION OF PROJECTS
36. Project management committee to implement
37. Procurement of services and works
All works and services relating to projects under this Act shall be procured in accordance with the provisions of the Public Procurement and Disposal Act, 2005 (Cap. 412A).38. Record of receipts and disbursement
The officer of the Board in every constituency shall compile and maintain a record showing all receipts, disbursements and actual expenditures on a monthly basis in respect of every project and sub-project under this Act and shall—39. Records of disbursement to be kept
40. Project funding
The Board shall ensure that the list of projects forwarded to it by each constituency is, upon approval, funded in accordance with the Act.41. Community initiative to be eligible
42. Duplication of projects to be avoided
The Board shall ensure that no duplication of projects occur particularly where it is prudent to combine efforts on projects designed to benefit a large section of a community which traverses two or more Constituencies.Part VII – THE NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES
43. National Government Constituency Development Fund Committee
44. Dissolution of Constituency Committee
45. Staff of the Constituency Committee
46. Cost estimates to be realistic
47. Projects involving personal awards to be excluded
A project or any part thereof which involves personal awards to any person whether in cash or in kind, shall be excluded from the list of projects submitted in accordance with section 27 of the Act.48. Social security programmes, etc to be considered as development projects
The funding of social security programmes, education bursary schemes, mock examinations and continuous assessment tests shall be considered as development projects for the purposes of the Act provided that such projects shall not be allocated more than forty per centum of the total funds allocated for the constituency in any financial year.[Act No. 21 of 2023, s. 10.]48A. Education Bursary Schemes and Education Days
49. Counter-part funding to be permitted
For the purposes of this Act, the Board may consider part funding of a project financed from sources other than the Fund so long as the other financiers or donors of that project have no objection and provided that the part funding for the project availed pursuant to this Act shall go to a defined unit or any part thereof or phase of the project in order to ensure that the particular portion defined in the allocation is completed with the funds allocated under this Act.Part VIII – NATIONAL ASSEMBLY SELECT COMMITTEE
50. Establishment of the National Assembly Select Committee
51. Quarterly reports on projects and disbursements
52. Repealed
Repealed by Act No. 21 of 2023, s. 12.53. Repealed
Repealed by Act No. 21 of 2023, s. 13.53A. Repealed
Repealed by Act No. 21 of 2023, s. 14.Part IX – MISCELLANEOUS PROVISIONS
54. Provisions in the Act are complimentary
55. Offences and penalties
Any person who misappropriates any funds or assets from the Fund, or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act, commits an offence and shall, upon conviction, be liable to imprisonment for a term of not less than five years or to a fine of not less than five hundred thousand shillings, or both.56. Dispute resolution
Part X – PROVISIONS ON DELEGATED POWERS
57. Regulations
Part XI – TRANSITIONAL PROVISIONS
58. Transitional provisions
History of this document
29 December 2023 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
11 July 2022
04 October 2016
19 February 2016
Commenced
24 December 2015
15 December 2015
Assented to
Cited documents 6
Act 6
1. | Public Finance Management Act | 723 citations |
2. | Public Procurement and Asset Disposal Act | 390 citations |
3. | Statutory Instruments Act | 231 citations |
4. | National Government Co-ordination Act | 59 citations |
5. | Constituencies Development Fund Act | 35 citations |
6. | Commission on Revenue Allocation Act | 15 citations |
Documents citing this one 38
Gazette 29
Judgment 5
Bench Bulletin 2
1. | Bench Bulletin - Issue 46 | |
2. | Bench Bulletin - Issue 58 |
Bill 2
1. | The Constitution of Kenya (Amendment) Bill, 2017 | |
2. | The National Government Constituencies Development Fund (Amendment) Bill, 2023 |
Subsidiary legislation
Title
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The National Government Constituencies Development Fund Regulations | Legal Notice 51 of 2016 |