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The Moi Teaching and Referral Hospital Board Order, 1998

Legal Notice 78 of 1998

This is the version of this Legal Notice as it was from 1 April 2021 to 30 December 2022. Read the latest available version.
The Moi Teaching and Referral Hospital Board Order, 1998
Citation
Legal Notice 78 of 1998
Primary work
State Corporations Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

STATE CORPORATIONS ACT

THE MOI TEACHING AND REFERRAL HOSPITAL BOARD ORDER, 1998

LEGAL NOTICE 78 OF 1998

  • Published in Kenya Gazette Vol. C—No. 34 on 19 June 1998
  • Commenced on 19 June 1998
  1. [Amended by Moi Teaching and Referral Hospital Board (Amendment) Order, 2002 (Legal Notice 56 of 2002) on 19 April 2002]
  2. [Amended by The State Corporation Act (Moi Teaching and Referral Hospital (Amendment) Order, 2021 (Legal Notice 40 of 2021) on 1 April 2021]

1. Citation

This order may be cited as the Moi Teaching and Referral Hospital Board Order, 1998.

2. Establishment and Incorporation of the Board

(1)There is established a state corporation to be known as the Moi Teaching and Referral Hospital Board (hereinafter referred to as the "Board") which shall be a body corporate in accordance with section 3 of the Act and which shall perform and exercise duties, functions and powers specified in the Act and in this order.
(2)The Board shall consist of—
(a)a non-executive chairman appointed by the president;
(b)the Permanent Secretary in the Ministry of Health or an officer designated by him in writing;
(c)the Permanent Secretary Ministry of Finance or an officer designated by him in writing;
(d)the Permanent Secretary Ministry of Education and Human Resource Development or an officer designated by him in writing;
(e)the Attorney-General or his representative designated in writing;
(f)deleted by L.N. 40/2021, r. 2(a)(ii);
(g)the Principal of the College of Health Sciences, Moi University;
(h)two other members, not being public officers, appointed by virtue of their knowledge and experience in matters relating to finance, management, economics, law or any other relevant field;
(i)the Director, Moi Teaching and Referral Hospital;
(j)deleted by L.N. 40/2021, r. 2(a)(iv).
(2A)The persons to be appointed under subparagraph (2)(a) and (h) shall be selected through conventional board resourcing procedures including through applications, referrals and knowledge of the market and industry actors.
(3)Members of the Board appointed under subparagraph 2(a) and (h) shall hold office for a term of three years from the date of their appointment and shall be eligible for re-appointment.[L.N. 56/2002, r. 2, L.N. 40/2021, r. 2.]

3. Chief Executive Officer

(1)There shall be a Chief Executive Officer of the Board who shall be appointed by the Board on such terms and conditions of service as the Cabinet Secretary may, in consultation with the Committee, approve.
(2)A person shall be qualified for appointment as the Chief Executive Officer if that person—
(a)is a registered medical practitioner who holds a Master's degree in a health-related field;
(b)has had a distinguished career in a senior management position in either the private or public sector for at least ten years; and
(c)satisfies the requirements of Chapter Six of the Constitution.
(3)The Chief Executive Officer shall be responsible for the day to day operations and administration of the Board, under the general direction and supervision of the Board.[L.N. 56/2002, r. 3, L.N. 40/2021, r. 3.]

4. Deputy Directors

(1)There shall be two Deputy Directors of the Moi Teaching and Referral Hospital who shall be under the direction of the Director.
(2)The two Deputy Directors shall be—
(a)the Deputy Director, Finance and Administration who shall be responsible for all administrative and financial matters and shall be appointed by the Board in consultation with the Minister for Health;
(b)the Deputy Director, Clinical and Academic Affairs who shall be responsible for all clinical teaching, research and academic matters and shall be appointed by the Board in consultation with the Minister for Health.
(3)The Board may employ such other officers, servants or agents as it deems necessary for the discharge of its functions and duties under this Order upon such terms and conditions as it may determine.[LN 56 of 2002, r. 3.]

4A. Corporation Secretary

(1)The Board shall competitively recruit a person qualified in terms of the law governing the practice of public secretaries in Kenya, to serve as the Corporation Secretary of the Board.
(2)The Corporation Secretary shall be the Secretary to the Board and shall be responsible for arranging the business and meetings of the Board, the keeping of records of the Board's meetings, the keeping of the records of the proceedings of the Board; and perform such other duties as the Board may direct.[L.N. 40/2021, r. 4.]

5. Powers and Functions of the Board

(1)The Board shall, under the direction of the Minister for Health, be responsible for the administration, management and development of the hospital established in Eldoret by the Government known as the Moi Teaching and Referral Hospital (hereinafter referred to as the Hospital").
(2)
(a)The Board shall be successor of the Government in respect of all rights, duties obligations, assets and liabilities concerning Eldoret District ad Uasin Gishu Memorial Hospitals existing at the date of publication of this Order.
(b)All such rights, duties, obligations, assets and liabilities shall be automatically and fully transferred to the Board and any reference to the Government or the Minister for Health or the Permanent Secretary, Ministry of Health or the Permanent Secretary/Treasury or the Director, Moi Teaching and Referral Hospital in connection with the hospital in any written law or in any contract or document shall for all purposes be deemed to be a reference to the Board established under this Order.
(3)Without prejudice to the generality of subparagraph (1) the Board shall—
(a)administer the assets and funds of the hospital in such a manner and for such purposes as will promote the best interests of the Hospital in accordance with the Act;
(b)have power to receive on behalf of the Hospital, gifts donations grants or other money and to make legitimate disbursements there from;
(c)promote the general welfare of the patients, trainees and staff of the Hospital;
(d)promote medical training and provide technical advice on health research, planning and development;
(e)have power to enter into association with other hospitals, health institutions of higher learning and research organizations within or outside Kenya as the Board may consider desirable or appropriate and in furtherance of the purposes for which the Hospital is established;
(f)make by-laws for the proper and efficient management of the Hospital which by-laws shall be issued by the Director on behalf of the Board and shall not be published in the Kenya Gazette but shall be brought to the attention of all those affected or governed by them;
(g)have power to raise funds and levy fees for services rendered as may be determined from time to time by the board for the furtherance of the purposes for which the Hospital is established.

6. Functions of the Hospital

It is hereby declared that the hospital is established for the following purposes—
(a)to receive patients on referral from other hospitals or institutions within or outside Kenya for specialized health care;
(b)to provide facilities for medical education for Moi University and for research either directly or through other co-operating health institutions;
(c)to provide facilities for education and training in nursing and other health and allied professions;
(d)to participate, as a national referral hospital, in national health planning.

7. Finance

In addition to any gifts, grants donations, fees or other moneys which the board may receive on behalf of the hospital, there shall be paid to the board by way of grants in every financial year, out of money appropriated by parliament for the purpose of carrying out the functions of the hospital, such sum as the Minister may determine as being necessary to enable the board to carry out its function, having regard to the estimate for the year approved under section 11 of the Act.
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