Kenya Information Communications and Technology Board Order, 2007

Legal Notice 26 of 2007

Repealed
This Legal Notice was repealed on 2013-08-16 by Information and Communications Technology Authority Order, 2013.
Citation
Legal Notice 26 of 2007
Primary work
Kenya Information and Communications Act
Date
2 March 2007
Language
English
Type
Legal Notice
Publication
Download PDF (17.7 MB)
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LAWS OF KENYA

KENYA INFORMATION AND COMMUNICATIONS ACT

KENYA INFORMATION COMMUNICATIONS AND TECHNOLOGY BOARD ORDER, 2007

LEGAL NOTICE 26 OF 2007

  • Published in Kenya Gazette Vol. CIX—No. 19 on 2 March 2007
  • Commenced on 2 March 2007
  1. [Revoked by Information and Communications Technology Authority Order, 2013 (Legal Notice 183 of 2013) on 16 August 2013]

1. Citation

This Order may be cited as the Kenya Information Communications and Technology Board Order, 2007.

2. Interpretation

In this Order unless the context otherwise requires—"Board" means the Kenya Information and Communications Technology Board established under paragraph 3."Minister" means the Minister responsible for matters relating to information and communications technology.

3. Establishment and composition of the Board

(1)There is established a state corporation to be known as the Kenya Information and Communications Technology Board, which shall be a body corporate in accordance with section 3 of the Act.
(2)The Board shall consist of—
(a)a non-executive chairman appointed by the President;
(b)a chief executive of the Board who shall be appointed by the Minister;
(c)the Permanent Secretary to the Treasury;
(d)the Permanent Secretary in the Ministry for the time being responsible for information and communications technology;
(e)three members who are public officers, appointed by the Minister; and
(f)not more than four members, not being public officers, appointed by the Minister by virtue of their knowledge or experience in matters relating to information and communications technology or related consumer interests.

4. Functions of the Board

The functions of the Board shall be to—
(a)advise the Government on all relevant matters pertaining to the development, co-ordination and promotion of information and communications technology industries in the country;
(b)promote both locally and internationally the opportunities for investment in information and communications technology;
(c)facilitate and manage information and communications technology, industrial incubation parks and technology parks together with associated facilities on sites, estates and land;
(d)appoint agents within and without the country to carry out such functions, as it may consider necessary, in accordance with this Order;
(e)carry out any other activity as, in the Board's opinion, will promote and facilitate the development of information and communications technology products and services.

5. Headquarters

The Headquarters of the Board shall be in Nairobi.

6. Funds for the Board

The funds of the Board shall consist of—
(a)such moneys as may be provided by Parliament for the purposes of the Board;
(b)such moneys or assets as may accrue or vest in the Board in the course of the performance of its functions under this Order; and
(c)such moneys as may be payable to the Board pursuant to this order or any written law or pursuant to any gift or trust.

7. Financial year

The financial year of the Board shall be the period of twelve months ending on the thirtieth June in each year.

8. Annual estimate

(1)At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure for that year.
(2)The annual estimates shall make provision for all estimated expenditure of the Board for the financial year concerned, and in particular shall provide for—
(a)the payment of the salaries, allowances and other charges in respect of the members and the staff of the Board;
(b)the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Board;
(c)the proper maintenance of the buildings and grounds of the Board;
(d)the proper maintenance, repair and replacement of the equipment and other movable property of the Board; and
(e)the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may consider necessary.
(3)The annual estimates shall be submitted to the Board for approval before the commencement of the financial year to which they relate:Provided that once approved, the sum provided in the estimate shall not be increased without the prior consent of the Board.
(4)No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under sub paragraph (3) or in pursuance of an authorization of the Board.

9. Accounts and audit

(1)The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Board.
(2)Within a period of three months after the end of each financial year, the Board shall submit to the Auditor-General or to an auditor appointed under sub paragraph (3), the accounts of the Board together with—
(a)a statement of income and expenditure during that year; and
(b)a statement of the assets and liabilities of the Board on the last day of the financial year.
(3)The accounts of the Board shall be audited by the Auditor-General or by an auditor appointed by the Board with the written approval of the Auditor-General.
(4)The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Auditor-General.
(5)The Auditor-General may give general or special directions to an auditor appointed under sub paragraph (3) and the auditor shall comply with those directions.
(6)An Auditor appointed under sub paragraph (3) shall report directly to the Auditor-General on any matter relating to the directions given under sub paragraph (5).
(7)Within a period of six months after the end of the financial year, the Auditor-General shall report on the examination and audit of the accounts to the Board and to the Minister, and in the case of an auditor appointed under sub paragraph (3), the auditor shall transmit a copy of the report to the Auditor-General.
(8)Nothing in this Order shall be construed to prohibit the Auditor-General from carrying out an inspection of the Board's accounts or records whenever it appears to him desirable and the Auditor-General shall carry out such an inspection at least once every six months.
(9)The Minister shall lay the annual report before the National Assembly as soon as reasonably practicable after the report is submitted to him under this paragraph.

10. Investment of funds

(1)The Board may invest any of the funds of the Board which are not immediately required for its purposes in such securities as the Treasury may, from time to time, approve.
(2)The Board may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the Board.

11. Annual report

(1)The Board shall, within three months after the end of each financial year, prepare and submit to the Minister a report of the operations of the Board for the immediately preceding year.
(2)The Minister shall lay the annual report before the National Assembly within three months of the day the Assembly next sits after the report is presented to him.
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History of this document

16 August 2013
02 March 2007 this version
Commenced