Kenya National Library Service Board Act

LAWS OF KENYA
THE KENYA NATIONAL LIBRARY SERVICE BOARD ACT
CAP. 225
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 National Library Service Board Act
Cap. 225
Legislation as at 31 December 2022
By Kenya Law and Laws.Africa. Share widely and freely.
www.kenyalaw.org | [email protected]
FRBR URI: /akn/ke/act/1965/23/eng@2022-12-31
There is no copyright on the legislative content of this document.
This PDF copy is licensed under a Creative Commons Attribution NonCommercial ShareAlike 4.0 License (CC BY-NC-
SA 4.0). This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format
for noncommercial purposes only, and only so long as attribution is given to the creator. If you remix, adapt, or build
upon the material, you must license the modified material under identical terms. CC BY-NC-SA includes the following
elements:
• BY: credit must be given to the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

the creator.
• NC: Only noncommercial uses of the work are permitted.
• SA: Adaptations must be shared under the same terms.
Share widely and freely.

Kenya National Library Service Board Act (Cap. 225)
Contents
1. Short title ........................................................................................................................................................................................................... 1
2. Interpretation .................................................................................................................................................................................................... 1
3. Establishment of Board ................................................................................................................................................................................ 1
4. Functions of the Board ................................................................................................................................................................................. 2
5. Report by Board .............................................................................................................................................................................................. 2
6.

................................................................................................................................................. 2
6.

Appointment of Director and other staff ............................................................................................................................................... 2
7. Funds of Board ................................................................................................................................................................................................. 3
8. Investment ......................................................................................................................................................................................................... 3
9. Accounts and audit ......................................................................................................................................................................................... 3
10. Execution of documents ............................................................................................................................................................................ 3
11.

................................................................................................................................................ 3
11.

Regulations ...................................................................................................................................................................................................... 4
SCHEDULE ............................................................................................................................................................................................................... 4

.................................................................................................................................................... 4

Kenya National Library Service Board Act (Cap. 225) Kenya
KENYA NATIONAL LIBRARY SERVICE BOARD ACT
CAP. 225
Published in Kenya Gazette Vol. LXVII—No. 39 on 24 August 1965
Assented to on 17 August 1965
Commenced on 1 April 1967 by Kenya National Library Service Board Act Commencement
[Amended by Kenya National Library Service Board Act, 1965 - Amendment
of Schedule to the Act (Legal Notice 184 of 1967) on 25 August 1967]
[Amended by Kenya National Library Service Board Act, 1965 - Amendment
of Schedule to the Act (Legal Notice 73 of 1969) on 28 February 1969]
[Amended by Kenya National Library Service Board Act, 1965 - Amendment
of Schedule to the Act (Legal Notice 86 of 1970) on 29 May 1970]
[Amended by Statute Law (Repeals and Miscellaneous
Amendments) Act, 1984 (Act No. 12 of 1984) on 14 September 1984]
[Amended by Statute Law (Miscellaneous Amendments) Act, 1988 (Act No. 13 of 1988) on 16 December 1988]
[Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No.

w (Miscellaneous Amendments) Act, 1988 (Act No. 13 of 1988) on 16 December 1988]
[Amended by Statute Law (Miscellaneous Amendments) Act, 2007 (Act No.

7 of 2007) on 15 October 2007]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
An Act of Parliament to establish the Kenya National Library Service Board and to provide for matters
incidental thereto and connected therewith
1. Short title
This Act may be cited as the Kenya National Library Service Board Act. 2. Interpretation
In this Act, unless the context otherwise requires—
"Board" means the Kenya National Library Service Board established by section 3 of this Act;
"financial year" means a financial year of the Board commencing on the first day of July and ending on the
next following thirtieth day of June;
"library" means an organized collection of printed books, periodicals or any graphic or audio-visual
material to which a member of the public has access free of charge or on payment of fees or by virtue of
being a member of an organization or institution. [Act No. 12 of 1984, Sch.]
3.

public has access free of charge or on payment of fees or by virtue of
being a member of an organization or institution. [Act No. 12 of 1984, Sch.]
3.

Establishment of Board
(1) There is hereby established a Board, which shall—
(a) be a body corporate under the name of the Kenya National Library Service Board, with
perpetual succession and a common seal;
(b) in its corporate name be capable of suing and being sued; and
(c) be capable of holding, purchasing and otherwise acquiring, and disposing of any property
movable or immovable for the purposes of, or in the course of, the carrying out of its
functions. (2) The provisions of the Schedule to this Act shall have effect as to the constitution and proceedings
of, and otherwise in relation to, the Board. 1

(2) The provisions of the Schedule to this Act shall have effect as to the constitution and proceedings
of, and otherwise in relation to, the Board. 1

Kenya National Library Service Board Act (Cap. 225) Kenya
(3) The Cabinet Secretary may, on the advice of the Board, by notice in the Gazette, amend the
Schedule to this Act. 4.

ice Board Act (Cap. 225) Kenya
(3) The Cabinet Secretary may, on the advice of the Board, by notice in the Gazette, amend the
Schedule to this Act. 4.

Functions of the Board
The functions of the Board shall be—
(a) to promote, establish, equip, manage, maintain and develop libraries in Kenya as a National Library
Service;
(b) to plan and co-ordinate library, documentation and related services in Kenya;
(c) to advise the Government, local authorities and other public bodies on all matters relating to
library, documentation and related services;
(d) to provide facilities for the study of, and for training in the principles, procedures and techniques of
librarianship and such other related subjects as the Board may from time to time decide;
(e) to advise the Government on library education and training needs for library, documentation and
related services;
(f) to sponsor, arrange or provide facilities for conferences and seminars for discussion of matters in
connection with library and related services;
(g) to carry out and to encourage research in the development of library and related services;
(h) to participate and assist in campaigns for the eradication of illiteracy;
(i) to stimulate public interest in books and to promote reading for knowledge, information and
enjoyment;
(j) to acquire books produced in and outside Kenya and such other materials and sources of knowledge
necessary for a comprehensive national library;
(k) to publish the national bibliography of Kenya and to provide a bibliographical and references
service.

ssary for a comprehensive national library;
(k) to publish the national bibliography of Kenya and to provide a bibliographical and references
service.

[Act No. 12 of 1984, Sch.]
5. Report by Board
The Board shall, within six months after the end of each financial year, make a full report to the Cabinet
Secretary on the conduct of its business during that year, and the Cabinet Secretary shall lay a copy
thereof before the National Assembly. 6. Appointment of Director and other staff
(1) There shall be a Director of the Service who shall be appointed by the Board and whose terms
and conditions of service shall be determined by the Board in the instrument of appointment and
otherwise in writing from time to time. (2) A person shall be qualified for appointment under this section if such person—
(i) is a professional librarian; or
(ii) is an information communication technology specialist; and
(iii) has proven managerial skills and experience. (3) The Director shall be an ex officio member of the Board but shall have no right to vote at any
meeting of the Board. 2

rial skills and experience. (3) The Director shall be an ex officio member of the Board but shall have no right to vote at any
meeting of the Board. 2

Kenya National Library Service Board Act (Cap. 225) Kenya
(4) The Board may, from time to time, appoint such officers and other staff as it may consider necessary
for carrying out its functions under this Act on such terms and conditions as it may deem fit. [Act No. 12 of 1984, Sch., Act No. 7 of 2007, Sch.]
7. Funds of Board
The funds and resources of the Board shall consist of—
(a) such sums as may, from time to time, be provided by Parliament for the purposes of this Act;
(b) any sums or property which may in any manner become payable to or vested in the Board in respect
of any matter incidental to the carrying out of its functions; and
(c) any sums or property which may be donated to the Board:
Provided that the Board shall not be obliged to accept a donation for a particular purpose unless it
approves of the terms and conditions attached to such donation. 8. Investment
(1) The Board may, with the approval of the Cabinet Secretary, and subject to such conditions as he
may impose, invest such part of its funds as are not for the time being required for the purposes of
its business.

nd subject to such conditions as he
may impose, invest such part of its funds as are not for the time being required for the purposes of
its business.

(2) The powers of the Cabinet Secretary under this section shall be exercised with the concurrence of
the Cabinet Secretary for the time being responsible for finance and shall extend to the amount
which may be invested, the nature of the investment and the terms and conditions thereof, and the
Cabinet Secretary’s approval may be either general or limited to a particular investment. 9. Accounts and audit
(1) The Board shall keep proper accounts and other records in relation thereto and shall prepare in
respect of each financial year a statement of accounts in a form approved by the Cabinet Secretary,
being a form which conforms with the best commercial standards. (2) The accounts of the Board shall be examined, audited and reported upon annually by the Auditor-
General. (3) As soon as the accounts of the Board for any financial year have been audited, the Board shall cause
to be sent to the Cabinet Secretary a copy of the statement of accounts prepared in respect of that
year together with a copy of any report made by the auditors on the statement or on the accounts.

he statement of accounts prepared in respect of that
year together with a copy of any report made by the auditors on the statement or on the accounts.

(4) The Cabinet Secretary shall, within a period of six months (or such longer period as the National
Assembly may by resolution appoint) after the end of the financial year to which the accounts
relate, lay a copy of every such statement and report before the National Assembly. [Act No. 13 of 1988, Sch.]
10. Execution of documents
(1) All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or
on behalf of the Board—
(a) if sealed with the common seal of the Board and signed by two members thereof; or
(b) if executed in that behalf by one member of the Board appointed by the Board for that
purpose and by the Chief Librarian appointed under section 6 of this Act or any member of
the staff of the Board acting in that office. 3

ard for that
purpose and by the Chief Librarian appointed under section 6 of this Act or any member of
the staff of the Board acting in that office. 3

Kenya National Library Service Board Act (Cap. 225) Kenya
(2) A deed, instrument, contract or other document executed in accordance with subsection (1) of this
section shall, subject to any exception that may be taken thereto on any ground other than that
of the competence of the party executing the same on behalf of the Board, be effectual in law to
bind the Board and its successors thereto and may be varied or discharged in like manner as that in
which it was executed. 11. Regulations
The Cabinet Secretary, acting in accordance with the advice of the Board, may make regulations—
(a) for the better management and control of any library managed by the Board;
(b) for protecting any such library and the fittings, furniture and contents thereof from damage;
(c) for the giving of a guarantee or security by any person using any such library;
(d) prescribing fees and penalties to be paid by any person borrowing books from any such library; and
(e) generally for the better carrying out of the purposes of this Act. SCHEDULE
CONSTITUTION AND PROCEEDINGS OF THE BOARD
[L.N. 184/1967, L.N. 73/1969, L.N. 86/1970.]
1.

he better carrying out of the purposes of this Act. SCHEDULE
CONSTITUTION AND PROCEEDINGS OF THE BOARD
[L.N. 184/1967, L.N. 73/1969, L.N. 86/1970.]
1.

Constitution
(1) The Board shall consist of the following members appointed by the Cabinet Secretary with the
approval of the President—
(a) five members consisting of the Principal Secretaries to the Ministries for the time being
responsible for Social services, local government, education, finance, economic planning and
development and one member representing the Kenya National Library Board, or a person
deputed in writing from time to time by any such Principal Secretary to take his place as a
member of the Board;
(b) the Principal of the University College, Nairobi, or the person deputed in writing from time
to time by him to take his place as a member of the Board;
(c) the Town Clerk, Nairobi City Council, or the person deputed in writing from time to time by
him to take his place as a member of the Board;
(d) one representative from each province who shall be appointed by the Cabinet Secretary on
the advice of the Provincial Commissioner; and
(e) not more than three such other persons as the Cabinet Secretary may appoint.

e Cabinet Secretary on
the advice of the Provincial Commissioner; and
(e) not more than three such other persons as the Cabinet Secretary may appoint.

(2) The President may, on the advice of the Cabinet Secretary appoint any member to be Chairperson
of the Board, and the Board may elect any member to be vice-Chairperson of the Board. (3) Each appointed member of the Board shall hold office for a term of two years, unless his
appointment is earlier revoked by the Cabinet Secretary, and shall be eligible for reappointment. (4) Any member of the Board appointed under subparagraph (1)(d) and (e) of this paragraph may at any
time resign by giving notice in writing to the Cabinet Secretary and from the date of receipt of such
notice by the Cabinet Secretary, he shall cease to be a member of the Board. 2. Casual vacancies
Where any member of the Board appointed under paragraph 1(1)(d) and (e) ceases to be a member before
the normal expiration of his term of office, the Cabinet Secretary, after consulting the Board, may appoint
4

(d) and (e) ceases to be a member before
the normal expiration of his term of office, the Cabinet Secretary, after consulting the Board, may appoint
4

Kenya National Library Service Board Act (Cap. 225) Kenya
another person in his stead to hold office until such first-named person’s term of office would have expired
had he not ceased to be a member as aforesaid. 3. Quorum and procedure
(1) The Board shall meet at such times as may be necessary or expedient for the transaction of
business. (2) At any meeting of the Board five members thereof shall constitute a quorum. (3) The Board may elect any member thereof to be vice-Chairperson of the Board. (4) At any meeting of the Board the Chairperson shall preside or, in the absence of the Chairperson, if
a vice-Chairperson has been elected the vice-Chairperson shall preside or, if no vice-Chairperson
has been elected or if the vice-Chairperson is also absent, the members present at the meeting shall
elect one of their number to be Chairperson for that meeting. (5) In the event of an equality of votes, the Chairperson of the meeting shall have a casting vote in
addition to his deliberative vote. (6) Minutes in proper form of each meeting of the Board shall be kept and shall be confirmed by the
Board at the next meeting and signed by the Chairperson of that meeting.

form of each meeting of the Board shall be kept and shall be confirmed by the
Board at the next meeting and signed by the Chairperson of that meeting.

(7) Subject to the provisions of this paragraph and to any directions given by the Cabinet Secretary, the
Board may regulate its own procedure. (8) The Board may in its discretion invite any person who is not a member of the Board to attend a
meeting or meetings of the Board, but such person shall have no power to vote at such meeting or
meetings. 4. Vacancies, etc., not to invalidate proceedings
Subject to the provisions of paragraph 3 relating to a quorum, the Board may act notwithstanding any
vacancy in the membership thereof and no act or proceeding of the Board shall be invalid by reason only of
some defect in the appointment of a person who purports to be a member thereof. 5. Remuneration and expenses
The members of the Board shall be paid out of the funds thereof such expenses as the Cabinet Secretary
may from time to time determine. 5