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The Railway City Development Authority Order

Legal Notice 88 of 2020

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The Railway City Development Authority Order
Citation
Legal Notice 88 of 2020
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State Corporations Act
Date
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English
Type
Legal Notice
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LAWS OF KENYA

STATE CORPORATIONS ACT

THE RAILWAY CITY DEVELOPMENT AUTHORITY ORDER

LEGAL NOTICE 88 OF 2020

  • Published in Kenya Gazette Vol. CXXII—No. 94 on 22 May 2020
  • Commenced on 22 May 2020
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

This Order may be cited as the Railway City Development Authority Order.

2. Interpretation

In this Order unless the context otherwise requires—"Area" means all the land measuring one hundred and seventy two hectares consisting of the Nairobi Central Railway Station and the surrounding land;"Authority" means the Railway City Development Authority established under paragraph 5(1);"Board" means the Railway City Development Authority Board established under paragraph 7;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to urban development."Chief Executive Officer" means the Chief Executive Officer appointed under paragraph 15(1);"Corporation Secretary" means the Corporation Secretary to the Board appointed under paragraph 19; and

3. Application

This Order shall apply to the Area.

4. Purpose and object of the Authority

The purpose and object of the Authority shall be to—
(a)co-ordinate the development and re-development of the Area in accordance with an approved master plan and any other statutory planning documents; and
(b)co-ordinate investment in the development and re-development of the Area.

Part II – ESTABLISHMENT OF THE AUTHORITY

5. Establishment of Authority

(1)There shall be established an authority to be known as the Railway City Development Authority.
(2)The Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—
(a)suing and being sued;
(b)taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;
(c)borrowing or lending money;
(d)entering into contracts; and
(e)doing or performing such other things or acts necessary for the proper performance of the functions of the Authority under the Order and which may lawfully be done or performed by a body corporate.

6. Headquarters of Authority

he headquarters of the Authority shall be in Nairobi but it may establish such other offices under its authority in any location as may be necessary for the performance of its functions.

7. Board of Authority

The Authority shall be managed by a Board comprising of—
(a)a non-executive Chairperson appointed by the President by notice in the Gazette;
(b)the Principal Secretary to the National Treasury or a representative designated in writing by the Principal Secretary;
(c)the Principal Secretary in the Ministry responsible for matters relating to urban development or a representative designated in writing by the Principal Secretary;
(d)the Attorney-General or a representative designated in writing by the Attorney-General;
(e)the Chairperson of the Board of Directors of the Nairobi Area Metropolitan Authority;
(f)four other members not being employees of the Authority or public officers, appointed by the Cabinet Secretary by notice in the Gazette; and
(g)the Chief Executive Officer who shall be an ex officio member without the right to vote at the meetings of the Board.

8. Qualifications of Chairperson and members

A person shall be qualified to be appointed as the Chairperson or a member of the Board under paragraph 7(a) or (f) respectively if that person—
(a)is a Kenyan citizen;
(b)has at least ten years' relevant professional and academic experience;
(c)is not an undischarged bankrupt;
(d)is not a member of the governing organ of a political party;
(e)is not a member of Parliament or a county assembly;
(f)does not hold a public office;
(g)has not been convicted of an offence for which the penalty is a term of imprisonment of at least six months; and
(h)satisfies the requirements of Chapter Six of the Constitution.

9. Vacancy

The office of Chairperson or member of the Board appointed under paragraph 7(a) or (f) shall fall vacant if the holder of that office—
(a)dies;
(b)resigns from office in writing;
(c)is absent without reasonable excuse from three consecutive meetings of the Board; or
(d)is otherwise removed from office in accordance with this Order or any other written law.

10. Removal from office

(1)The Chairperson or member of the Board appointed under paragraph 7(a) of (h) may be removed from office—
(a)if he or she is convicted of an offence for which the penalty is imprisonment for a term of at least six months;
(b)if he or she is found to have contravened any provision of the Constitution;
(c)for gross misconduct;
(d)is unable to perform the functions of the office due to incapacity occasioned by prolonged illness;
(e)is adjudged bankrupt by a court of competent jurisdiction; or
(f)is otherwise unwilling or unable to perform the functions of the office.
(2)Before the Chairperson or member appointed under paragraph 6(h) is removed from office, he or she shall be given a reasonable opportunity to make representations, adduce evidence and call witnesses against the decision to remove him or her from office.

11. Tenure

The Chairperson and members of the Board appointed under paragraph 7(a) and (f) shall serve for a term of three years and shall be eligible for appointment for one further term.

12. Powers of the Board

The Board shall have all the powers necessary to manage and administer the Authority and in particular, but without prejudice to the generality of the foregoing, the Board shall have power to—
(a)open a bank account in a bank licensed by the Central Bank of Kenya for the funds of the Authority;
(b)enter into association with such other persons, bodies or organisations as may be appropriate in furtherance of the objects and purposes for which the Authority has been established; and
(c)in consultation with the relevant ministries, departments and agencies, carry out any other activity that shall promote and facilitate the realisation of the objects and purposes for which the Authority is established.

13. Functions of the Board

The Board shall—
(a)consider and approve the annual estimates of the Authority;
(b)oversee the development and management of the Area including the development and management of integrated infrastructure;
(c)consider and approve the annual reports of the Authority;
(d)establish a system for receiving and reviewing development applications before the applications are submitted to the Cabinet Secretary responsible for matters relating to physical planning for approval;
(e)liaise with relevant ministries, departments and agencies to ensure effective regulation of building works and development activities within the Area;
(f)establish a system for monitoring and evaluating the performance of projects within the Area;
(g)liaise with the private sector and relevant ministries, departments and agencies in the development of the Area for the purposes of maximising resource utilisation;
(h)initiate studies and surveys of the Area as may be necessary for the purpose of improving the performance of projects undertaken in the Area; and
(i)perform any other functions as may be required to achieve the objects and purpose for which the Authority has been established.

14. Meetings of the Board

(1)The quorum for the meetings of the Board shall be two-thirds of the members.
(2)The Board may co-opt, for such period as it may deem fit, not more than three persons whose assistance or advice it may require, but the persons so co-opted shall not be considered as members for the purpose of forming a quorum and shall not be entitled to vote at any meeting of the Board.
(3)The decisions of the Board shall be by a simple majority of the members present and voting but the Chairperson or the person acting as the Chairperson shall have a deciding vote in the case of a tied vote.
(4)Subject to this Order, the Board may regulate its own proceedings.

15. Chief Executive Officer

(1)There shall be a Chief Executive Officer of the Authority appointed by the Cabinet Secretary in consultation with the Board.
(2)The Chief Executive Officer shall hold office on such terms as the Board may determine with the advice of the Salaries and Remuneration Commission.

16. Qualifications of the Chief Executive Officer

A person shall be qualified to be appointed as the Chief Executive Officer if that person—
(a)is a Kenyan citizen;
(b)has at least ten years' relevant academic, professional and managerial experience;
(c)is not a member of Parliament or a county assembly;
(d)is not a member of the governing body of a political party; and
(e)satisfies the requirements of Chapter Six of the Constitution.

17. Functions of the Chief Executive Officer

The Chief Executive Officer shall, on such general or particular directions of the Board—
(a)oversee and co-ordinate the development, review and maintenance of a development plan for the Area;
(b)receive and review applications with respect to proposed projects in the Area and recommend the same for approval by the Cabinet Secretary responsible for matters relating to physical planning;
(c)co-ordinate studies within the Area to ensure that human, land, energy, water and other resources are utilised to the best advantage;
(d)monitor the design and execution of approved projects within the Area;
(e)be responsible for monitoring and evaluating the performance of projects within the Area in order to improve performance, establish responsibility and improve planning;
(f)oversee the construction of any works necessary for the protection and preservation of natural resources within the Area;
(g)liaise with ministries, departments and agencies, the County Government of Nairobi City and the private sector in matters relating to the development of the Area in order to maximise resource utilisation and benefits;
(h)promote and mobilise investment in development projects in the Area;
(i)oversee the management of public spaces and public facilities within the Area;
(j)ensure the preservation of heritage and historical sites in the Area in consultation and collaboration with the National Museums of Kenya; and
(k)perform any other function as may be required by the Board for the purpose of achieving the objects for which the Authority is established.

18. Corporation Secretary

(1)There shall be a Corporation Secretary who shall be appointed by the Board in consultation with the Cabinet Secretary.
(2)The Corporation Secretary shall hold office on such terms as the Board may determine with the advice of the Salaries and Remuneration Commission.

19. Functions of the Corporation Secretary

The Corporation Secretary shall—
(a)in consultation with the Chairperson of the Board, issue notices for the meetings of the Board;
(b)keep in custody the records of the deliberations, decisions and resolutions of the Board;
(c)transmit the decisions and resolutions of the Board to the Chief Executive Officer for execution, implementation or other relevant action; and
(d)perform such other functions as are necessary for the purposes for which the Board was established.

20. Qualifications of the Corporation Secretary

A person shall be qualified to be appointed as the Corporation Secretary if that person—
(a)possesses the qualifications of a member in good standing of the Institute of Certified Public Secretaries of Kenya;
(b)has at least ten years' professional experience;
(c)is not a member of the governing body of a political party;
(d)is not a member of Parliament or any county assembly; and
(e)satisfies the requirements of Chapter Six of the Constitution.

21. Staff of the Authority

The Board may appoint other officers and staff for the Authority as may be necessary to achieve the objects and purposes for which the Authority is established upon such terms as may be determined by the Board on the advice of the Salaries and Remuneration Commission.

22. Committees

The Board may establish such committees comprising members of the Board for the purposes of performing any function of the Board or for some such similar purpose.

23. Delegation

The Board may delegate the exercise of any of its powers or the performance of any of its functions to any of its committees or the Chief Executive Officer.

24. Common seal

(1)The common seal of the Board shall be authenticated by the signature of the Chairperson and the Chief Executive Officer, or by either the Chairperson or the Chief Executive Officer, together with one member other than an ex officio member of the Board authorised in writing by the Board in that behalf.
(2)Any document, other than a document which is required by any law to be under seal, made and any decision of the Board, may be signified under the hand of the Chairperson, or the Chief Executive Officer or any other member of the Board or any other person authorised in writing by the Board in that behalf.

25. Personal liability

(1)A Board member or any other member or officer, employee or servant of the Authority shall not be personally liable for an act which is dune or purported to be done in good faith by such person in the exercise of any power or performance of any function under this Order.
(2)Notwithstanding subparagraph (1), nothing in this Order shall relieve the Board of the liability to pay compensation or damages to any person for an injury to him or her, his or her property or any of his or her interests caused by the exercise of the powers conferred on the Board by this Order or by any other written law or by the failure, whether wholly or partially, of any works.

26. Fees and charges

The Board may impose fees or charges on any person undertaking any development in the Area.

Part III – FINANCIAL PROVISIONS

27. Funds of the Authority

The funds of the Authority shall consist of—
(a)such moneys as may be provided allocated by Parliament for the purposes of the Authority;
(b)such moneys or assets as may accrue or vest in the Authority in the course of the exercise of its powers or performance of its functions;
(c)such moneys as may be payable to the Authority under this Order or any other written law; and
(d)all monies from any other source pursuant to any gift or trust, or lent to the Authority.

28. Financial year

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

29. Annual estimates

(1)The estimates of revenue and expenditure of the Authority should be submitted to the National Treasury on or before 31st January each year for the succeeding year for consideration and approval.
(2)The annual estimates shall make provision for all estimated expenditure of the Authority 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 of the Board end the staff of the Authority;
(b)the payment of pensions, gratuities and other charges in respect of retirement benefits to staff of the Authority;
(c)the proper maintenance of the buildings and ground of the Authority;
(d)the proper maintenance of the public spaces and public facilities of the Area;
(e)the proper maintenance, repair and replacement of the equipment and other movable property of the Authority; and
(f)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 estimates shall not be increased without the prior consent of the Board.
(4)No expenditure shall be incurred for the purposes of the Authority except in accordance with the annual estimates approved under subparagraph (3) or in pursuance of an authorization by the Board.

30. 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 Authority.
(2)Within a period of three months after the end of each financial year, the Board shall submit to the Auditor-General the accounts of the Authority together with—
(a)a statement of income and expenditure during that year; and
(b)a statement of the assets and liabilities of the Authority on the last day of the financial year.
(3)The accounts of the Authority shall be audited in accordance with the Public Audit Act (Cap. 412B).
(4)The Auditor General shall submit the audited financial statement to Parliament with a copy to the National Treasury and the Controller of Budget.

31. Investment of funds

(1)The Board may invest any of the funds of the Authority which are not immediately required for its purposes in such securities as the Cabinet Secretary responsible for matters relating to finance may approve.
(2)The Board may place on deposit with such bank or banks licensed by the Central Bank of Kenya as shall be approved by the Cabinet Secretary responsible for matters relating to finance any money not immediately required for the purposes of the Authority.
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