Kenya Medical Supplies Authority Act

LAWS OF KENYA
THE KENYA MEDICAL SUPPLIES AUTHORITY ACT
CAP. 260
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Kenya Medical Supplies Authority Act
Cap. 260
Legislation as at 31 December 2022
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Share widely and freely.

Kenya Medical Supplies Authority Act (Cap. 260)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
Part II – THE KENYA MEDICAL SUPPLIES AUTHORITY ......................................................................................................................... 1
3. Establishment of the Authority ........................................................................................................................................................... 1
4.

................................................................................................................................................. 1
4.

Functions of the Authority ................................................................................................................................................................... 2
5. Board of Directors .................................................................................................................................................................................... 2
6. Powers of the Board ............................................................................................................................................................................... 3
7. Remuneration of directors ..................................................................................................................................................................... 4
8. Chief Executive Officer ........................................................................................................................................................................... 4
9. Removal of Chief Executive Officer ................................................................................................................................................... 5
9A.

................................................................................................................................................ 5
9A.

Corporation Secretary .......................................................................................................................................................................... 5
10. Staff of the Authority ........................................................................................................................................................................... 5
11. Delegation by the Board .................................................................................................................................................................... 5
12. Protection from personal liability ................................................................................................................................................... 6
13. Common seal ........................................................................................................................................................................................... 6
Part III – FINANCIAL PROVISIONS ................................................................................................................................................................ 6
14.

................................................................................................................................................ 6
14.

Funds of the Authority ........................................................................................................................................................................ 6
15. Financial year .......................................................................................................................................................................................... 7
16. Annual estimates ................................................................................................................................................................................... 7
17. Accounts and audit ................................................................................................................................................................................ 7
18. Investment of funds ............................................................................................................................................................................. 7
Part IV – MISCELLANEOUS PROVISIONS .................................................................................................................................................... 8
19.

................................................................................................................................................ 8
19.

Manner of discharge of functions ................................................................................................................................................... 8
20. Duty of disclosure ................................................................................................................................................................................. 8
21. Regulations ............................................................................................................................................................................................... 8
22. [Spent] ........................................................................................................................................................................................................ 9
23. [Spent] ........................................................................................................................................................................................................ 9
SCHEDULE [s.

....................................................................................................................................... 9
SCHEDULE [s.

5] ................................................................................................................................................................................................... 9

.................................................................................................................................................... 9

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
KENYA MEDICAL SUPPLIES AUTHORITY ACT
CAP. 260
Published in Kenya Gazette Vol. CXV—No. 28 on 22 February 2013
Assented to on 14 January 2013
Commenced on 25 April 2013
[Amended by Statute Law (Miscellaneous Amendments) Act, 2015 (Act No. 25 of 2015) on 24 December 2015]
[Amended by Health Laws (Amendment) Act, 2019 (Act No. 5 of 2019) on 17 May 2017]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to make provisions for the establishment of the Kenya Medical Supplies Authority
and for connected purposes
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Kenya Medical Supplies Authority Act. 2. Interpretation
In this Act, unless the context otherwise requires—
"Authority" means Kenya Medical Supplies Authority as established under section 3;
"Board" means the Board of Directors established under section 5;
"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to
medical supplies;
"director" means a director of the Board appointed under section 5;
"drugs" has meaning assigned to it in the Pharmacy and Poisons Act (Cap.

supplies;
"director" means a director of the Board appointed under section 5;
"drugs" has meaning assigned to it in the Pharmacy and Poisons Act (Cap.

244);
"medical supplies" refers to and includes products or materials used in the delivery of health care services
to namely pharmaceuticals, non pharmaceuticals, neutraceuticals, vaccines and therapeutic antisera,
medical equipment and devises, medical appliances and materials, health technologies, laboratory
supplies and reagents, dental materials, hospital consumables, and any other material or equipment as
may be necessary for the delivery of health care services in Kenya;
"strategic reserve stock" means at least six months stocks of a list of prescribed medical supplies to be
identified and updated as and when required by the Cabinet Secretary in consultation with the Authority. Part II – THE KENYA MEDICAL SUPPLIES AUTHORITY
3. Establishment of the Authority
(1) There is established an Authority to be known as the Kenya Medical Supplies 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) purchasing, charging and disposing of movable and immovable property;
1

and shall in
its corporate name, be capable of—
(a) suing and being sued;
(b) purchasing, charging and disposing of movable and immovable property;
1

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
(c) borrowing money;
(d) entering into contracts;
(e) doing or performing all such other acts necessary for the proper performance of its functions
under this Act. (3) The Authority shall be the successor to the Kenya Medical Supplies Agency established under the
State Corporations Act (Cap. 446). 4.

er this Act. (3) The Authority shall be the successor to the Kenya Medical Supplies Agency established under the
State Corporations Act (Cap. 446). 4.

Functions of the Authority
(1) The functions of the Authority shall be to—
(a) procure, warehouse and distribute drugs and medical supplies for prescribed public health
programmes, the national strategic stock reserve, prescribed essential health packages and
national referral hospitals;
(b) establish a network of storage, packaging and distribution facilities for the provision of drugs
and medical supplies to health institutions;
(c) enter into partnership with or establish frameworks with county Governments for purposes
of providing services in procurement, warehousing, distribution of drugs and medical
supplies;
(d) collect information and provide regular reports to the national and county governments on
the status and cost-effectiveness of procurement, the distribution and value of prescribed
essential medical supplies delivered to health facilities, stock status and on any other aspects
of supply system status and performance which may be required by stakeholders;
(e) support county governments to establish and maintain appropriate supply chain systems for
drugs and medical supplies.

be required by stakeholders;
(e) support county governments to establish and maintain appropriate supply chain systems for
drugs and medical supplies.

(2) The Cabinet Secretary shall, in consultation with the Authority and the appropriate county
government organs, determine the requirement of drugs and medical supplies in public health
facilities. (3) A national or county public health facility shall, in the procurement and distribution of drugs and
medical supplies, obtain all such drugs and medical supplies from the Authority subject to—
(a) the drug being duly registered by the Board; and
(b) the drugs and medical supplies meet the standards of quality and are efficacious as
authorized by the Board. (4) A person responsible for the procurement and distribution of drugs and medical supplies in a
national or county public health facility and who contravenes provisions of this section, commits an
offence and is liable on conviction to a fine not exceeding two million shillings or to imprisonment
for a term not exceeding five years, or to both. [Act No. 5 of 2019, Sch.]
5.

viction to a fine not exceeding two million shillings or to imprisonment
for a term not exceeding five years, or to both. [Act No. 5 of 2019, Sch.]
5.

Board of Directors
(1) The management of the Authority shall vest in a Board of Directors which shall comprise of—
(a) a Chairperson appointed by the President and who shall—
(i) have at least a university degree in a relevant discipline;
(ii) have at least fifteen years' experience in matters relating to healthcare, business
management or public administration; and
2

levant discipline;
(ii) have at least fifteen years' experience in matters relating to healthcare, business
management or public administration; and
2

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
(iii) satisfy the requirements of Chapter Six of the Constitution. (b) the Principal Secretary of the ministry for the time being responsible for health or a
representative designated in writing by the Principal Secretary;
(c) the Principal Secretary, of the ministry for the time being responsible for finance or a
representative designated in writing by the Principal Secretary;
(d) deleted by Act No. 5 of 2019, Sch.;
(e) three persons recruited and appointed by the Cabinet Secretary, one of whom shall at least
hold a degree in pharmacy and two shall be from among persons who—
(i) have at least a university degree in a relevant discipline;
(ii) have at least ten years' experience in management or in the health sector; and
(iii) satisfy the requirements of Chapter Six of the Constitution.

(ii) have at least ten years' experience in management or in the health sector; and
(iii) satisfy the requirements of Chapter Six of the Constitution.

(ea) one person recruited by the Council of Governors and appointed by the Cabinet Secretary
from among persons who—
(i) have at least a university degree in a relevant discipline;
(ii) have at least ten years' experience in management or in the health sector; and
(iii) satisfy the requirements of Chapter Six of the Constitution;
(f) the chief executive officer of the Authority who shall be an ex officio member. (2) Deleted by Act No. 5 of 2019, Sch. (3) Deleted by Act No. 5 of 2019, Sch. (4) In making the recruitment and appointment under subsection (3), the Cabinet Secretary shall
ensure that the appointments fulfill the requirements of the gender and regional balance as
enshrined in the Constitution and that at least one person is appointed from each of the following
categories—
(a) a procurement or supply chain management specialist;
(b) a pharmacist experienced in drug and medical supplies management; and
(c) one person with knowledge and experience in finance or commerce. (5) The Chairperson and the directors appointed under subsection (1)(e) shall, serve for a term of three
years, and shall be eligible for re-appointment for one further term of three years.

ppointed under subsection (1)(e) shall, serve for a term of three
years, and shall be eligible for re-appointment for one further term of three years.

(6) The procedure for the conduct of business and affairs of the Board shall be as set out in the
Schedule. (7) The persons referred to in subsection (1)(e) shall be appointed by the Cabinet Secretary, taking into
account regional, gender and skills balance. [Act No. 5 of 2019, Sch.]
6. Powers of the Board
(1) The Board shall have all powers necessary for the proper performance of the functions of the
Authority under this Act. (2) Without prejudice to the generality of the foregoing, the Board shall have power to—
(a) control, supervise and administer the assets of the Authority in such manner as best
promotes the purpose for which the Authority is established;
3

a) control, supervise and administer the assets of the Authority in such manner as best
promotes the purpose for which the Authority is established;
3

Kenya Medical Supplies Authority Act (Cap.

Kenya Medical Supplies Authority Act (Cap.

260) Kenya
(b) determine the provisions to be made for capital and recurrent expenditure and for the
reserves of the Authority;
(c) receive any grants, gifts, donations or endowments and make legitimate disbursements there
from;
(d) levy fees for services rendered by the Authority as may be determined from time to time by
the Board;
(e) open such banking accounts for the funds of the Authority as may be necessary;
(f) invest any funds of the Authority not immediately required for its purposes in the manner
provided in section 18;
(g) incorporate, develop and operate a division or subsidiary of the Authority for the
procurement, storage and supply of medical supplies to health facilities and institutions on
a competitive and commercial basis but such commercial service shall be conducted without
prejudice to the ordinary non-commercial supply system to public facilities;
(h) enter into association with such other bodies or organizations within or outside Kenya as it
may consider desirable or appropriate in furtherance or for the performance of its functions
under this Act;
(i) perform or undertake any other activity that may be necessary for the fulfillment of any of
the functions of the Authority under this Act.

is Act;
(i) perform or undertake any other activity that may be necessary for the fulfillment of any of
the functions of the Authority under this Act.

7. Remuneration of directors
The Authority shall pay the directors such remuneration, fees or allowances as it may determine on the
advice of the Salaries and Remuneration Commission. 8. Chief Executive Officer
(1) There shall be Chief Executive Officer of the Authority who shall be competitively recruited by the
Board and appointed by the Cabinet Secretary and whose terms and conditions of service shall be
determined by the Board, upon the advice of the Salaries and Remuneration Commission, in the
instrument of appointment or otherwise in writing from time to time. (2) A person shall be qualified for appointment under subsection (1) if the person—
(a) holds a minimum first degree in Pharmacy, Medicine, Business Management, Finance,
Supply Chain Management or any other related field from a recognized University. (b) holds a postgraduate degree in business management or postgraduate training in supplies
management;
(c) possesses at least five years experience in senior management; and
(d) satisfies the requirements of chapter six of the Constitution.

management;
(c) possesses at least five years experience in senior management; and
(d) satisfies the requirements of chapter six of the Constitution.

(3) The Chief Executive Officer shall—
(a) be an ex officio member of the Board with no right to vote;
(b) be the secretary to the Board; and
(c) subject to the directions of the Board, be responsible for the—
(i) day to day running and operation of the Authority;
(ii) administration, organization and control of staff of the Authority;
(iii) management of funds, property and affairs of the Authority;
4

uthority;
(ii) administration, organization and control of staff of the Authority;
(iii) management of funds, property and affairs of the Authority;
4

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
(iv) implementation of policies and programmes of the Authority and reporting thereon to
the Board;
(v) development of operational plans for achieving the objectives of the Authority; and
(vi) performance of any other function necessary for the implementation of this Act, as
may be determined by the Board. (4) The chief executive officer shall, serve for a term of four years upon satisfactory performance and
shall be eligible for re-appointment by the Cabinet Secretary for one further term. [Act No. 25 of 2015, Sch, Act No. 5 of 2019, Sch.]
9. Removal of Chief Executive Officer
The Board may remove the Chief Executive Officer in accordance with his or her terms and conditions of
service for—
(a) inability to perform the functions of the office arising out of physical or mental incapacity;
(b) gross misconduct or misbehavior;
(c) incompetence or negligence of duty; or
(d) any other ground that would lawfully justify removal from office under the terms and conditions of
service. 9A.

mpetence or negligence of duty; or
(d) any other ground that would lawfully justify removal from office under the terms and conditions of
service. 9A.

Corporation Secretary
(1) There shall be Corporation Secretary of the Authority who shall be competitively recruited by the
Board and whose terms and conditions of service shall be determined by the Board upon the advice
of the Salaries and Remuneration Commission, in the instrument of appointment or otherwise in
writing from time to time. (2) The Corporation Secretary shall have the following responsibilities—
(a) provide guidance to the Board on their duties and responsibilities and on matters of
governance;
(b) assist the Board in carrying out its work;
(c) be the custodian of the seal of the organization and account to the Board for its use;
(d) maintain and update the register of conflicts of interest;
(e) ensure that Board members are aware of all relevant laws affecting the organization; and
(f) facilitate effective communication between the organization and the shareholders. [Act No. 5 of 2019, Sch.]
10. Staff of the Authority
The Board may appoint such officers and other staff as are necessary for the proper discharge of its
functions under this Act, upon such terms and conditions of service as it may determine, upon the advice
of the Salaries and Remuneration Commission.

functions under this Act, upon such terms and conditions of service as it may determine, upon the advice
of the Salaries and Remuneration Commission.

11. Delegation by the Board
The Board may, by resolution either generally or in any particular case, delegate to any committee or
to any member, officer, employee or agent of the Authority, the exercise of any of the powers or the
performance of any of the functions or duties of the Authority under this Act or under any other written
law. 5

e exercise of any of the powers or the
performance of any of the functions or duties of the Authority under this Act or under any other written
law. 5

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
12. Protection from personal liability
(1) No matter or thing done by any director of the Authority or by any officer, employee, agent or
servant thereof shall, if the act or omission was done bona fide for the purpose of executing a
function, power or duty under the Act, render such member, officer, employee, agent or servant
personally liable to any action, claim or demand whatsoever. (2) The provisions of subsection (1) shall not relieve the Board of the liability to pay compensation
or damages to any person for any injury to him, his property or any of his interests caused by the
exercise of any power conferred by this Act or by the failure, whether wholly or partially, or any
work. 13. Common seal
(1) The common seal of the Authority shall be kept in such custody as the Board may direct and shall
not be used except on the order of the Board.

eal
(1) The common seal of the Authority shall be kept in such custody as the Board may direct and shall
not be used except on the order of the Board.

(2) The affixing of the common seal of the Authority shall be authenticated by the signature of the
Chief Executive Officer and the Corporation Secretary and any document not required by law to
be made under seal and all decisions of the Board may be authenticated by the signature of the
Chief Executive Officer or the signature of the Corporation Secretary upon delegation by the Chief
Executive Officer. (3) Notwithstanding the provisions of subsection (2) the Board shall, in the absence of either the
Chairperson or the Chief Executive Officer in a particular matter, nominate one member to
authenticate the seal on behalf of either the Chairperson or the Chief Executive Officer. (4) The common seal of the Authority when affixed to a document and duly authenticated shall be
judicially noticed and unless the contrary is proved, any necessary order or authorization by the
Board under this section shall be presumed to have been duly given. [Act No. 5 of 2019, Sch.]
Part III – FINANCIAL PROVISIONS
14.

authorization by the
Board under this section shall be presumed to have been duly given. [Act No. 5 of 2019, Sch.]
Part III – FINANCIAL PROVISIONS
14.

Funds of the Authority
(1) The funds of the Authority shall comprise of—
(a) such monies as may be appropriated by Parliament through a budget line to the authority for
purposes of carrying out the functions of the Authority;
(b) such fees, monies or assets as may accrue to or vest in the Authority in the course of the
exercise of its powers or the performance of its functions under this Act or under any written
law;
(c) all monies from any other source provided for or donated or lent to the Authority; and
(d) such monies as may be payable to the Authority pursuant to this Act or any other written
law. (2) Spent. (3) Unless the National Treasury otherwise directs, the balance of the funds of the Authority at the end
of the financial year shall be retained for the purposes for which the Authority is established. 6

he balance of the funds of the Authority at the end
of the financial year shall be retained for the purposes for which the Authority is established. 6

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
15. Financial year
The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in
each year. 16. Annual estimates
(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 of the Authority for that year. (2) The annual estimates shall make provision for all estimated expenditure of the Authority for the
financial year and in particular, the estimates shall provide for—
(a) the payment of the salaries, allowances and other charges in respect of directors and staff of
the Authority;
(b) the payment of pensions, gratuities and other charges in respect of the staff of the Authority;
(c) the proper maintenance of the buildings and grounds of the Authority;
(d) the maintenance, repair and replacement of the equipment and other property of the
Authority; 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 matter as the Board may deem appropriate.

spect of
retirement benefits insurance or replacement of buildings or equipment, or in respect of such
other matter as the Board may deem appropriate.

(3) The annual estimates shall be approved by the Board before the commencement of the financial
year to which they relate and shall be submitted to the Cabinet Secretary for approval and after the
Cabinet Secretary’s approval, the Board shall not increase the annual estimates of the Authority
without the consent of the Cabinet Secretary. 17. Accounts and audit
(1) The Board shall cause to be kept all proper books and records of accounts of the income,
expenditure and assets of the Authority. (2) Within a period of four months from the end of each financial year, the Board shall submit to
the Auditor-General or to an auditor appointed under this section, the accounts of the Authority
together with—
(a) a statement of the income and expenditure of the Authority during that year; and
(b) a balance sheet of the Authority on the last day of that year. (3) The accounts of the Authority shall be audited and reported upon in accordance with the Public
Audit Act (Cap. 412B). 18.

e last day of that year. (3) The accounts of the Authority shall be audited and reported upon in accordance with the Public
Audit Act (Cap. 412B). 18.

Investment of funds
The Board may invest any of the funds of the Authority in securities, in which for the time being trustees
may by law invest trust funds, or in any other securities or banks which the National Treasury may, from
time to time, approve for that purpose. 7

ees
may by law invest trust funds, or in any other securities or banks which the National Treasury may, from
time to time, approve for that purpose. 7

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
Part IV – MISCELLANEOUS PROVISIONS
19. Manner of discharge of functions
(1) In discharging its functions under this Act the Authority shall put into place measures to ensure—
(a) maximum efficiencies;
(b) benefit from economies of scale;
(c) efficacy, safety, quality and affordability of drugs and medical supplies procured;
(d) a steady supply of drugs and medical supplies to public health facilities;
(e) maintenance and sustenance of strategic reserves of essential medicines and medical
supplies;
(f) application of sound commercial principles in the procurement, storage and distribution of
drugs and other medical supplies;
(g) the carrying out of technical or laboratory analysis of drugs and medical supplies to
determine their suitability for procurement, use, storage or disposal by the Authority so as to
ensure their compliance with the standards set by the relevant law;
(h) timely distribution of drugs and medical supplies to health facilities;
(i) a feedback mechanism to its consumers;
(j) an effective monitoring and evaluation mechanism; and
(k) availability of information relating to its operations.

back mechanism to its consumers;
(j) an effective monitoring and evaluation mechanism; and
(k) availability of information relating to its operations.

(2) The Authority may make available its facilities for use for educational purposes on such terms and
conditions as the Board may consider necessary. 20. Duty of disclosure
Every public officer shall be under a duty to disclose to the Authority any information that the Authority
may require for the proper performance of its functions under this Act. 21. Regulations
(1) The Cabinet Secretary may, on recommendation of the Authority, make Regulations generally for
the better carrying out of the objects of this Act.

(1) The Cabinet Secretary may, on recommendation of the Authority, make Regulations generally for
the better carrying out of the objects of this Act.

(2) Without prejudice to the generality of subsection (1), the Regulations may—
(a) prescribe anything required by this Act to be prescribed or prohibit anything required by this
Act to be prohibited;
(b) provide manner of operationalisation of any subsidiary or commercial service of the
Authority;
(c) provide for the manner in which the Authority may facilitate counties in adopting
appropriate systems for requisition of drugs and medical supplies from the Authority to their
health facilities;
(d) provide for the manner of determination of drugs and medical supplies needs for the
national and county governments;
(e) provide for the manner in which the Authority shall collect and disseminate data on drugs
and medical supplies consumption;
8

county governments;
(e) provide for the manner in which the Authority shall collect and disseminate data on drugs
and medical supplies consumption;
8

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
(f) provide for the composition and quantities of the drugs and medical supplies to be stored in
the national strategic reserve and the manner of utilizing the reserve. 22. [Spent]
23. [Spent]
SCHEDULE [s. 5]
PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD
1. Vacation of office
(1) A member other than an ex-officio member may—
(a) at any time resign from office by notice in writing to the Cabinet Secretary;
(b) be removed from office by the Cabinet Secretary on recommendation of the Board if the
member—
(i) has been absent from three consecutive meetings of the Board without its permission;
(ii) is convicted of a criminal offence that amounts to a felony under the Laws of Kenya;
(iii) is incapacitated by prolonged physical or mental illness for a period exceeding six
months;
(iv) contravenes chapter six of the Constitution;
(v) is otherwise unable or unfit to discharge his functions. 2. Meetings
(1) The Board shall meet not less than 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.

s than 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.

(2) Notwithstanding subparagraph (1), the Chairperson may, and upon requisition in writing by at least
five members shall, convene a special meeting of the Board at any time for the transaction of the
business of the Board. (3) Unless three quarters of the total members of the Board otherwise agree, at least fourteen days’
written notice of every meeting of the Board shall be given to every member of the Board. (4) The quorum for the conduct of the business of the Board shall be half of the total members
including the Chairperson or the person presiding. (5) The Chairperson shall preside at every meeting of the Board but the members present shall elect
one of their number to preside whenever the Chairperson is absent, and the person so elected shall
have all the powers of the Chairperson with respect to that meeting and the business transacted
thereat. (6) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a
majority of the votes of the members present and voting, and in case of an equality of votes, the
Chairperson or the person presiding shall have a casting vote.

f the votes of the members present and voting, and in case of an equality of votes, the
Chairperson or the person presiding shall have a casting vote.

(7) Subject to subparagraph (4), no proceedings of the Board shall be invalid by reason only of a
vacancy among the members thereof. (8) Subject to the provisions of this Schedule, the Board may determine its own procedure and the
procedure for any committee of the Board and for the attendance of other persons at its meetings
and may make standing orders in respect thereof. 9

he
procedure for any committee of the Board and for the attendance of other persons at its meetings
and may make standing orders in respect thereof. 9

Kenya Medical Supplies Authority Act (Cap. 260) Kenya
3. Committees of the Board
(1) The Board may establish such committees as it may deem appropriate to perform such functions
and responsibilities as it may determine. (2) The Board shall appoint the Chairperson of a committee established under subparagraph (1) from
amongst its members. (3) The Board may where it deems appropriate, co-opt any person to attend the deliberations of any of
its committees. (4) All decisions by the committees appointed under subsection (1) shall be ratified by the Board. 4. Disclosure of interest
(1) A member who has an interest in any contract, or other matter present at a meeting shall at the
meeting and as soon as reasonably practicable after the commencement, disclose the fact thereof
and shall not take part in the consideration or discussion of, or vote on, any questions with respect
to the contract or other matter, or be counted in the quorum of the meeting during consideration of
the matter. (2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the
meeting at which it is made.

ideration of
the matter. (2) A disclosure of interest made under subparagraph (1) shall be recorded in the minutes of the
meeting at which it is made.

(3) A member of the Board who contravenes subparagraph (1) commits an offence and is liable to a fine
not exceeding two hundred thousand shillings. 5. Contracts and instruments
Any contract or instrument which, if entered into or executed by a person not being a body corporate,
would not require to be under seal may be entered into or executed on behalf of the Board by any person
generally or specially authorized by the Board for that purpose. 10