The Government Financial Management (Kenya Energy-Sector Environment and Social Responsibility Programme Fund) Regulations, 2007

Legal Notice 188 of 2007

This is the latest version of this Legal Notice.
Citation
Legal Notice 188 of 2007
Primary work
Government Financial Management Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

GOVERNMENT FINANCIAL MANAGEMENT ACT

THE GOVERNMENT FINANCIAL MANAGEMENT (KENYA ENERGY-SECTOR ENVIRONMENT AND SOCIAL RESPONSIBILITY PROGRAMME FUND) REGULATIONS, 2007

LEGAL NOTICE 188 OF 2007

  • Published in Kenya Gazette Vol. CIX—No. 85 on 16 November 2007
  • Commenced on 16 November 2007
  1. [Amended by The Public Finance Management (Kenya Energy-Sector Environment and Social Responsibility Programme Fund) (Amendment) Regulations, 2020 (Legal Notice 218 of 2020) on 24 December 2020]

1. Citation

These Regulations may be cited as the Government Financial Management (Kenya Energy-Sector Environment and Social Responsibility Programme Fund) Regulations, 2007.

2. Interpretation

In these Regulations, unless the context otherwise requires—"financial year" means the period of twelve months ending on the 30th June in each year;"Fund" means the Kenya Energy-Sector Environment and Social Responsibility Programme Fund established under regulation 3; and"officer administering the Fund" means the Principal Secretary of the Ministry for the time being responsible for matters relating to energy.[LN 218 of 2020, r. 2.]

3. Establishment of the Fund

(1)There is hereby established a Fund to be known as the Kenya Energy-Sector Environment and Social Responsibility Programme Fund.
(2)The Fund shall consist of—
(a)monies appropriated by Parliament;
(b)contributions from—
(i)Kenya Petroleum Refineries Limited;
(ii)Kenya Power and Lighting Company Limited;
(iii)Kenya Electricity Generating Company Limited (KENGEN);
(iv)Kenya Pipeline Company Limited;
(v)National Oil Corporation of Kenya Limited;
(vi)Energy and Petroleum Regulatory Authority;
(vii)Rural Electrification and Renewable Energy Corporation;
(viii)Kenya Electricity Transmission Company;
(ix)Geothermal Development Company; and
(x)Nuclear Power and Energy Agency.
(c)grants and donations;
(d)income generated from the proceeds of the Fund.
[LN 218 of 2020, r. 3.]

4. Object and purpose of the Fund

The object and purpose of the Fund is to finance activities relating to—
(a)the production of wood fuel, power distribution poles and energy crops for production of bio-fuels; and
(b)growing of trees in order to conserve soil and preserve catchment areas for hydro-power dams, including provision of a sink for carbon dioxide generated through combustion of fossil fuels;
(c)promoting alternative energy technologies for environmental conservation; and
(d)improving livelihoods through sustainable use of energy and environmental resources.
[LN 218 of 2020, r. 4.]

5. Payments out of the Fund

There shall be paid out of the Fund payments in respect of any expenses incurred in pursuance of the object and purpose for which the Fund is established.

6. Expenditure on the Fund

The expenditure incurred on the Fund shall be on the basis of, and limited to, annual work programmes and cost estimates which shall be prepared by the officer administering the Fund at the beginning of the financial year to which they relate.

7. Retention of receipts and earnings

All receipts, earnings and accruals to the Fund, and the balance of the Fund at the close of each financial year shall be retained by the Fund for purposes for which the Fund is established.

8. Application of financial and procurement regulations

Existing Government financial and procurement regulations and procedures shall apply in the administration of the Fund.

9. Administration of the Fund

(1)The officer administering the Fund shall—
(a)open and operate a bank account at a bank to be approved by the Minister for the time being responsible for finance into which all the monies due to the Fund shall be paid;
(b)supervise and monitor expenditures to ensure compliance with approved annual budgets;
(c)cause to be kept books of accounts and other books and records in relation to the Fund of all activities and undertakings financed from the Fund;
(d)prepare, sign and transmit to the Controller and Auditor-General, in respect of each financial year and within three months after the end thereof, a statement of accounts relating to the Fund and showing the expenditure incurred from the Fund, and such details as the Minister for the time being responsible for Finance may from time to time direct, in accordance with the provisions of the Public Audit Act, 2003 (No. 12 of 2003); and
(e)furnish such additional information as he may deem to be proper and sufficient for the purpose of examination and audit by the Controller and Auditor-General in accordance with the provisions of the Public Audit Act, 2003 (No. 12 of 2003).
(2)Every statement of account shall include details of the balance between the assets and liabilities of the Fund, and shall indicate the financial status of the Fund as at the end of the financial year concerned.

10. Closure of the Fund

In the event of winding up of the Fund, the cash balances shall be transferred to the Exchequer while other assets of the Fund shall be transferred to the Government.
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