The Government Financial Management (Kenya Slum Upgrading, Low Cost Housing and Infrastructure Trust Fund) Regulations, 2006

Legal Notice 168 of 2006

Citation: Legal Notice 168 of 2006
Primary work: Government Financial Management Act
Date: 22 December 2006
Language: English
Type: Legal Notice

LAWS OF KENYA

GOVERNMENT FINANCIAL MANAGEMENT ACT

THE GOVERNMENT FINANCIAL MANAGEMENT (KENYA SLUM UPGRADING, LOW COST HOUSING AND INFRASTRUCTURE TRUST FUND) REGULATIONS, 2006

LEGAL NOTICE 168 OF 2006

Published in Kenya Gazette Vol. CVIII—No. 88 on 22 December 2006
Commenced on 22 December 2006

1. Citation

These Regulations may be cited as the Government Financial Management (Kenya Slum Upgrading, Low Cost Housing and Infrastructure Trust Fund) Regulations, 2006.

2. Interpretation.

In these Regulations, unless the context otherwise requires—"Act" means the Government Financial Management Act, 2004 (No. 5 of 2004);"financial agreement" means the final document and its annexure on the management of the Fund, signed between the Government of Kenya and any other person or institution;"financial year" means the period of twelve months ending on the 30th June in each year;"Fund" means the Kenya Slum Upgrading, Low Cost Housing and Infrastructure Trust Fund established under regulation 3;"Minister" means the Minister for the time being responsible for matters relating to housing and "Ministry" shall be construed accordingly;"Officer administering the Fund" means the accounting officer of the Ministry for the time being responsible for matters relating to housing;"trustee" means a trustee of the Fund appointed under regulation 10.

3. Establishment of the Fund

(1)There shall be a Fund known as the Kenya Slum Upgrading, Low Cost Housing and Infrastructure Trust Fund.

(2)The Fund shall consist of—

(a)monies appropriated by Parliament;

(b)grants or donations;

(c)any monies from any other source provided for, generated, lent or donated to the Fund.

(3)The Fund shall include the amounts stipulated in the relevant financial agreements, protocols and memoranda of understanding.

4. Object and purpose of Fund

The object and purpose of the Fund is to provide funds for slum upgrading, low cost housing and infrastructure programmes to support housing development.

5. Initial capital of the Fund

The initial capital of the Fund shall be the sum of four hundred million shillings appropriated by Parliament in the 2006/2007 financial year.

6. Surplus and deficient funds

(1)Any surplus funds realized in a financial year from the operations of the Fund shall be retained in the Fund and shall be used by the Fund for the purpose of the Fund.

(2)Any deficiency incurred in a financial year shall, subject to the prior approval of the Treasury be offset against the realized surplus held in the Fund.

7. Annual approval of budget

(1)The expenditure on activities on housing development programmes shall be paid from the Fund and shall be on the basis of and limited to the annual work programs and cost estimates.

(2)The officer administering the Fund shall submit to the trustees the annual budget based on the annual work programs and cost estimates at least three months prior to the beginning of the related financial year for consideration and recommendation to the Minister for approval.

(3)The Minister shall consider and approve the budget before the beginning of the related financial year.

(4)Any revision of the approved budget—

(a)within the approved ceiling, shall be referred to the trustees for approval;

(b)above the approved ceiling, shall be referred to the Minister for approval.

8. Retention of receipts and earnings

All receipts, earnings and accruals of the Fund and the balance of the Fund at the close of each financial year shall not be paid into the Consolidated Fund but shall be retained by the Fund for the purposes of the Fund.

9. Administration of the Fund

The officer administering the Fund shall—

(a)supervise and control the administration of the Fund;

(b)consult with the trustees on matters relating to the administration of the Fund;

(c)impose conditions on the use of any expenditure authorized by him on his own behalf, and may impose any reasonable restriction or other requirement concerning use of expenditure;

(d)cause to be kept proper books of accounts and other books and records relating to the Fund;

(e)prepare, sign and transmit to the Controller and Auditor-General within three months after the end of each financial year a statement of accounts relating to the Fund for that year, in accordance with section 18 of the Act; and

(f)engage such staff as may be necessary to assist in the management of the Fund.

10. Trustees

(1)The trustees of the Fund shall comprise of—

(a)the Permanent Secretary in the Ministry for the time being responsible for matters relating to Housing or his duly appointed representative;

(b)the Permanent Secretary to the Treasury or his duly appointed representative;

(c)the Permanent Secretary in the Ministry for the time being responsible for matters relating to Local Government or his duly appointed representative;

(d)the Head of the Department for the time being responsible for Slum Upgrading, Low Cost Housing and Infrastructure or his duly appointed representative;

(e)the Secretary-General of the Association of Local Government Authorities of Kenya;

(f)two representatives of private sector stakeholder organizations;

(g)two representatives of non-governmental organizations and community-based organizations;

(h)two representatives of development partners.

(2)The trustees under paragraphs (f), (g) and (h) shall be appointed by the Minister for a period of three years renewable at the discretion of the Minister and the appointments shall conform to the following criteria—

(a)not more than two-thirds of the appointments shall be from one gender; and

(b)the persons appointed shall have knowledge and experience in matters relating to housing, slum upgrading, small and micro enterprise finance and development and mainstreaming of poverty reduction strategies in urban development.

11. Trustees recommend amendments

The trustees may, from time to time, recommend amendments to these Regulations.

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History of this document

22 December 2006 this version

Published in Kenya Gazette 88

Commenced

Cited documents 1

Act 1

1.	Government Financial Management Act	42 citations