Ewaso Ng'iro South River Basin Development Authority Act

1215
THE EWASO NG'IRO SOUTH RIVER BASIN
DEVELOPMENT AUTHORITY ACT, 1989
No. 12 of 1989
Date of Assent: 27th November, 1989
Date of Commencement: 1st December, 1989
ARRANGEMENT OF SECTIONS
Section
PART 1---PRELIMINARY
1—Short title.
2—Interpretation.
PART II-ESTABLISHMENT AND POWERS OF THE AUTHORITY
3—Establishment of the Authority.
4—Membership of the Authority.
5—Meetings and procedure of the Authority.
6 Seal and execution of documents.
7—Committees.
8—Functions of the Authority.
PART Hi-ADMINISTRATION
9—Managing director.
10 Appointment of secretary and remuneration.
11—Code of regulations.
PART 1V-FINANCIAL RESOURCES AND CONTROL
12—Funds of the Authority.
13—Annual estimates.
14 Expenditure not included in the annual estimates.
15—Dealing with assets.
16—Books of accounts, records and audit.
17—Annual report.
PART V-MISCELLANEOUS PROVISIONS
18—Secrecy.
19—Protection of members and staff.
20—Exemption from stamp duty.
21—Acquisition of land for purposes of the Authority.
22—Regulations.

NS
18—Secrecy.
19—Protection of members and staff.
20—Exemption from stamp duty.
21—Acquisition of land for purposes of the Authority.
22—Regulations.

1216
No. 12 Ewaso Nero South River Basin 1989
Development Authority
An act of Parliament to provide for the establishment of an
Authority to plan and co-ordinate the implementation of
development projects in the Ewaso Ng'iro South River
Basin and catchment areas and for connected purposes
ENACTED by the Parliament of Kenya, as follows : —
PART I—PRELIMINARY
Short title. 1. This Act may be cited as the Ewaso Ng'iro South
River Basin Development Authority Act, 1989. Interpretation. 2. In this Act, unless the context otherwise requires—
"Area" means the Ewaso Ng'iro South River Basin and
the catchment areas, situated within Narok, Kajiado,
Nyandarua and Nakuru districts;
"Authority" means the Ewaso Ng'iro South River Basin
Development Authority;
"chairman" means the person appointed as chairman of
the Authority under paragraph (a) of subsection (1) of section
4;
Establishment
of the
Authority. "managing director" means the managing director
appointed under section 9;
"non-official members" means the chairman and the
members of the Authority appointed under paragraph (1) of
section 4 (1). PART II—ESTABLISHMENT AND POWERS OF THE AUTHORITY
3.

ans the chairman and the
members of the Authority appointed under paragraph (1) of
section 4 (1). PART II—ESTABLISHMENT AND POWERS OF THE AUTHORITY
3.

There is hereby established an authority which shall
be a body corporate by the name of Ewaso Ng'iro South
River Basin Development Authority, with perpetual succession
and a common seal, and which shall be capable in its corporate
name of—
(a) suing and being sued;
(6) taking, purchasing or otherwise acquiring, holding,
charging and disposing of movable property;
(c)borrowing and lending money;
(d) entering into contracts;
(e)doing or performing all such other things or acts
necessary for the proper performance of its functions
under this Act which may lawfully be done or per-
formed by a body corporate.

her things or acts
necessary for the proper performance of its functions
under this Act which may lawfully be done or per-
formed by a body corporate.

1217
1989 Ewaso Nero South River Basin
Development Authority
4. (1) The Authority shall consist of the following Memberthip
of the
members— Authority.

1217
1989 Ewaso Nero South River Basin
Development Authority
4. (1) The Authority shall consist of the following Memberthip
of the
members— Authority.

(a)a chairman appointed by the President;
(b)the Permanent Secretary to the Ministry for the time
being responsible for matters relating to the functions
of the Authority or a person deputed by him for the
purposes of this Act;
(c)the Permanent Secretary to the Ministry for the time
being responsible for agriculture or a person deputed
by him for the purposes of this Act;
(d)the Permanent Secretary to the Ministry for the time
being responsible for finance or a person deputed
by him for the purposes of this Act;
(e)the Permanent Secretary to the Ministry for the time
being responsible for health or a person deputed by
him for the purposes of this Act;
(f)the Permanent Secretary to the Ministry for the time
being responsible for livestock development or a
person deputed by him for the purposes of this Act;
(g)the Permanent Secretary to the Ministry for the time
being responsible for energy or a person deputed by
him for the purposes of this Act;
(h)the Permanent Secretary to the Ministry for the time
being responsible for water development or a person
deputed by him for the purposes of this Act;
(i)the Permanent Secretary to the Ministry for the time
being responsible for environment or a person
deputed by him for the purposes of this Act;
(j)the Provincial Commissioner, Rift Valley Province, or
a person deputed by him for the purposes of this
Act;
(k)the Inspector of State Corporations or a person
deputed by him for the purposes of this Act;
(1) not more than twelve other members appointed by the
Minister in consultation with the President, ten of
whom shall be appointed from the area affected by
the operations of the Authority;
(m) the managing director.

consultation with the President, ten of
whom shall be appointed from the area affected by
the operations of the Authority;
(m) the managing director.

No. 12

No. 12

1218
No. 12
Meetinp
and
Procedure
of the
Authority. Ewaso Ngi'ro South River Basin 1989
Development Authority
(2) Every appointment under subsection (1) (a) and (1)
shall be by name and by notice in the Gazette and shall be for
a period of three years from the date of appointment. (3) A retiring member shall be eligible for reappointment. (4) If the Minister is satisfied that any of the non-official
members—
(a)has been found guilty of improper conduct considered
to be inconsistent with membership of the Authority;
or
(b)is incapacitated by prolonged physical or mental
illness from performing his duties as a member of
the Authority; or
(c)is unable or unfit, for any other reason, to discharge
the duties of his office,
and that it would be in the interest of the Authority so to do,
he may terminate the appointment of that member.

o discharge
the duties of his office,
and that it would be in the interest of the Authority so to do,
he may terminate the appointment of that member.

(5) The office of a non-official member shall become
vacant—
(a) upon the expiry of this term of appointment; or
(6) upon the termination of his appointment under sub-
section (4); or
(c) by resignation, upon the expiry of one month, or such
shorter period as may be mutually agreed, after the
date upon which the Minister receives a written
notice signed by the member of his intention to
resign; or
(d) if he is absent without the permission of the Authority
from three consecutive meetings of the Authority of
which he had reasonable notice. (6) The non-official members shall be paid by the Autho-
rity such remuneration and allowances as the Minister may
from time to time determine in concurrence with the State
Corporations Advisory Committee. 5. (1) The Authority shall be convened by the chairman
at least four times in every financial year and not more than
four months shall elapse between the date of one meeting
and the date of the next meeting.

least four times in every financial year and not more than
four months shall elapse between the date of one meeting
and the date of the next meeting.

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1989 Ewaso Nero South River Basin
Development Authority
(2) The Authority shall elect a vice-chairman from
among its members. (3) The chairman or in his absence the vice-chairman
acting in consultation with the managing director, may at any
time convene a special meeting of the Authority, and shall do
so within fourteen days of receipt by him of a written requisi-
tion signed'y at least three members. (4) The quorum for the conduct of business at a meeting
of the Authority shall be not less than two-thirds of the total
number of members of the Authority, inclusive of the person
presiding and all acts, matters or things authorized or required
to be done by the Authority shall be effected by a resolution
passed by a majority of the members present and voting at a
meeting at which a quorum is present. (5) The chairman, or in his absence the vice-chairman,
shall preside at all meetings of the Authority, except that in
the case of the absence of both the chairman and the vice-
chairman the members present shall elect one of their number
to preside at the particular meeting.

e of the absence of both the chairman and the vice-
chairman the members present shall elect one of their number
to preside at the particular meeting.

(6) At every meeting of the Authority the member
presiding shall have a casting as well as a deliberative vote. (7) Subject to subsection (4), no act, decision or proceed-
ings of the Authority shall be questioned on account of any
vacancy in the membership thereof or on account of any
defect in the appointment of any of its members. (8) No meeting of the Authority shall be held at any
place other than the registered or principal office of the
Authority except with the prior written approval of the
Minister. (9) Subject to this Act, and to any general or specific
directions of the Minister, the Authority shall regulate its
own procedure
6. (1) The common seal of the Authority shall be authen-
ticated by the signature of the managing director and such
other person as may be generally or specially authorized by
the Authority. (2) All documents, other than those required by law to
be under seal, made by, and decisions of, the Authority may
be signified under the hand of the managing director, or an
officer authorized in that behalf by the Authority. No. 11
Seal and
execution of
documents.

e signified under the hand of the managing director, or an
officer authorized in that behalf by the Authority. No. 11
Seal and
execution of
documents.

No. 12
Committees. Functions of
the Authority. 1220
Ewaso Nero South River Basin 1989
Development Authority
7. The Authority may from time to time appoint such
committees, whether of its own members or otherwise, as it
may think necessary but no decision of any committee shall
be effective unless it has been confirmed by the Authority. 8.

members or otherwise, as it
may think necessary but no decision of any committee shall
be effective unless it has been confirmed by the Authority. 8.

The functions of the Authority shall be—
(a) to plan for the development of the Area and initiate
project activities identified from such planning in the
Area through the Government generally;
(b)to develop an up-to-date long-range development plan
for the Area;
(c) to initiate such studies, and carry out such surveys, of
the Area as may be considered necessary by the
Government or the Authority, and to assess alter-
native demands within the Area on the natural
resources thereof, and to initiate, operate or imple-
ment such projects as may be necessary to exploit
those natural resources including agriculture (both
irrigated and raided), forestry, or wildlife and tour-
ism industries, electric power generation, mining, and
fishing, and to recommend economic priorities;
(d) to co-ordinate the various studies of schemes within
the Area such that human, water, animal, land and
other resources are utilized to the best advantage
and to monitor the design and execution of planned
projects within the Area;
(e) to effect a programme of both monitoring and evaluat-
ing the performance of projects within the Area so
as to improve such performance and establish
responsibility thereof, and to improve future plan-
ning;
(1) to co-ordinate the present abstraction and use of
natural resources, especially water, within the Area
and to set up an affective monitoring of abstraction
and usage;
(g) to cause and effect the construction of any works
deemed necessary for the protection and utilization
of the water and soils of the Area;
(h) to ensure that landowners in the Area undertake all
the measures specified by the Authority to protect
the water and soils of the Area;

the Area;
(h) to ensure that landowners in the Area undertake all
the measures specified by the Authority to protect
the water and soils of the Area;

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No. 12
1989 Ewaso N gi' ro South River Basin
Development Authority
(i) to identify, collect, collate and correlate all such data
related to the use of the water and other resources
and also economic and related activities within the
Area as may be necessary for the efficient forward
planning of the Area;
(j) to maintain a liaison between the Government, the
private sector and other interested agencies in the
matter of the development of the Area with a view
to limiting the duplication of effort and to ensuring
the best use of the available technical resources;
(k) to examine the hydrological and ecological effects of
the development programmes and evaluate how they
affect the economic activities of the persons depend-
ent on river environment;
(1)to consider all aspects of the development of the Area
and its effects on the river's inflow and outflow. PART ill—ADMINISTRATION
9. (1) There shall be an officer of the Authority, to be
known as the managing director, who shall be appointed by
the Minister and who shall be responsible for the execution
of the policy of the Authority and for the control and manage-
ment of its day-to-day business.

inister and who shall be responsible for the execution
of the policy of the Authority and for the control and manage-
ment of its day-to-day business.

(2) The Authority shall delegate to the managing director
such of its functions under this Act as are necessary for the
effective transaction of the day-to-day business of the Autho-
rity, and in particular the Authority shall delegate to the
managing director the powers, subject to any instructions
of a general nature as may be given by the Authority—
(a) to control and supervise the acts of all officers and
servants of the Authority in the matters of executive
administration and in all matters concerning the
accounts and records of the Authority;
(b) to dispose of all questions relating to the service of
the officers and servants of the Authority and their
pay and privileges; and
(c) to apply available funds on such items or projects and
within such limits as may be approved by the
Authority. Managing
director.

privileges; and
(c) to apply available funds on such items or projects and
within such limits as may be approved by the
Authority. Managing
director.

1222
No. 12
Appointment
of secretary
and
remuneration. Code of
regulations. Funds of the
Authority. Ewaso N e ro South River Basin 1989
Development Authority
10. (1) The Authority shall appoint a secretary to the
Authority who shall be responsible for its secretarial services
including the recording of its decisions and the communication
of those decisions to persons who are required to act on them
and shall perform such other duties as may be assigned by
the managing director, and the terms and conditions of
service for the secretary shall be determined by the Authority. (2) The Authority may appoint, upon such terms and
conditions as it thinks proper, such other officers and servants
as it considers necessary or desirable for the efficient conduct
and operation of the Authority. (3) Every member of staff shall, subject to this Act,
exercise such powers and functions and perform the duties
assigned to him from time to time by the managing director.

taff shall, subject to this Act,
exercise such powers and functions and perform the duties
assigned to him from time to time by the managing director.

(4) The members of staff appointed under subsection (2)
shall be paid out of the funds of the Authority such salaries
as the managing director, with the approval of the Authority,
may from time to time determine and such travelling and
other expenses as they may incur in the performance of their
duties. 11. (1) The Authority shall, with the approval of the
Minister, compile and publish a code of regulations which
shall apply to all persons employed by the Authority. (2) The Authority may, with the approval of the Minister,
from time to time modify or amend the code of regulations
in such manner as it thinks proper. PART IV—FINANCIAL RESOURCES AND CONTROL
12. (1) The funds of the Authority shall consist of---
(a) such moneys as may from time to time be provided
by Parliament;
(h) moneys borrowed by the Authority on such terms and
for such purposes as the Minister, in consultation
with the Minister for the time being responsible for
finance, may approve; and
lc) any moneys accruing to the Authority from any other
source.

ltation
with the Minister for the time being responsible for
finance, may approve; and
lc) any moneys accruing to the Authority from any other
source.

1223
No. 12
Annual
estimates. Expenditure
not included
in the annual
estimates. Dealing with
assets. Cap. 446. Books of
accounts,
records and
audit. Cap. 412. 1989 Ewaso Nero South River Basin
Development Authority •
(2) Subject to the written approval of the Minister and
the Treasury, funds of the Authority shall be invested in such
a manner as the Authority may deem proper. 13. (1) The Authority shall cause to be prepared and
shall, not later than the end of February in every year, submit
to the Minister and to the Treasury for approval, estimates
of the Authority's revenue and expenditure for the following
financial year accompanied by proposals for funding of pro-
jects to be undertaken by the Authority or the implementation
of which will continue during the financial year to which
those estimates relate. (2) No annual estimates and proposals for funding pro-
jects shall be implemented until they have been approved by
the Minister with the concurrence of the Treasury. 14.

ates and proposals for funding pro-
jects shall be implemented until they have been approved by
the Minister with the concurrence of the Treasury. 14.

The Authority shall not, without the prior approval
in writing of the Minister and the Treasury, incur any expen-
diture for which provision has not been made in annual
estimates prepared and approved in accordance with section
12. 15. The assets of the Authority shall be disposed of
in accordance with the provisions of section 13 of the State
Corporations Act. 16. (1) The Authority shall cause to be kept all proper
books and records of accounts of the income, expenditure,
assets and liabilities of the Authority and shall prepare such
other accounts as the Minister may require and, in addition,
shall prepare yearly balance sheets made up to the end of
each financial year. (2) The accounts of the Authority shall be audited and
reported on annually by the Auditor-General (Corporations)
in accordance with Part VII of the Exchequer and Audit Act.

Authority shall be audited and
reported on annually by the Auditor-General (Corporations)
in accordance with Part VII of the Exchequer and Audit Act.

(3) The Authority shall produce and lay before the
Auditor-General (Corporations) all accounts of the Authority
with all vouchers in support thereof, and all books, papers
and writing in its possession or control relating thereto, and
the Auditor-General (Corporations) shall be entitled to require
from all members, officers and servants of the Authority such
information and explanations as may be necessary for the
proper performance of his duties.

om all members, officers and servants of the Authority such
information and explanations as may be necessary for the
proper performance of his duties.

1224
No. 12
Annual report. Secrecy. Protection of
members and
staff. Exemption
from stamp
duty. Cap. 480. Ewaso Ngi'ro South River Basin 1989
Development Authority
(41 At the completion of an audit under this section,
the Auditor-General (Corporations) shall make a report there-
on to the Authority and shall at the same time furnish a
copy of the report to the Minister. (5) The expenses incidental to the auditing of the
accounts shall be borne by the Authority. 17. (1) The Authority shall within a period of six months
after the end of each financial year or within such longer
period as the Minister may approve, submit to the Minister
a report of its operations and activities during that year, to-
gether with the yearly balance sheet and such other statements
of accounts as the Minister shall require, and the Authority
shall publish the annual report and the yearly balance sheet
in such manner as the Minister may specify.

the Minister shall require, and the Authority
shall publish the annual report and the yearly balance sheet
in such manner as the Minister may specify.

(2) The Minister shall lay both the Authority's report
and the report of the Auditor-General (Corporations) together
with the yearly balance sheet and such other statements of
accounts as the Minister may deem appropriate before the
National Assembly as soon as reasonably practicable. PART V--MISCELLANEOUS PROVISIONS
18. (1) No member, officer or servant of the Authority
shall disclose any information which he has acquired in the
performance of his functions as such member, officer or
servant to any person except in so far as may be necessary
for the performance of such functions or for due compliance
with the order of any court. (2) Any person who contravenes the provisions of sub-
section (I) shall be guilty of an offence and liable to a fine
not exceeding three thousand shillings or to imprisonment
for a period not exceeding six months or to both. 19. No act or thing done by any member of the Autho-
rity or by any officer or servant of the Authority shall, if the
Act or thing was done bone fide for the purpose of carrying
this Act into effect, subject him personally to any liability,
action, claim or demand whatsoever. 20.

was done bone fide for the purpose of carrying
this Act into effect, subject him personally to any liability,
action, claim or demand whatsoever. 20.

No duty shall be chargeable under the Stamp Duty
Act in respect of any instrument executed by or on behalf of
or in favour of the Authority in cases where, but for this
section. the Authority would be liable to pay such duty.

1225
1989 Ewaso Nero South River Basin
Development Authority
21. (1) Where land is required by the Authority for
purposes of the Authority it may either--
(a) if the land is not public land, acquire the land through
negotiation and agreement with the registered owner
thereof, provided that, notwithstanding the provi-
sions of section 6 of the Land Control Act, the
ensuing transadtion shall not require the consent of .
a land control board if the land to be acquired is
agricultural land; or
(b) if the land is public land, or if the Authority is unable
to acquire through negotiation and agreement in
accordance with paragraph (a) notify the Minister
responsible for public lands that the land specified
in the notice is required for the purpose of the
Authority.
22. The Minister may make regulations generally for Regulations.
the better carrying out the provisions of this Act.
No. 12
Acquisition of
land for the
purposes of
the Authority.
Cap. 302.