The Kenya National Council for Population and Development Bill, 2023
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Executive
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Transition to a Statutory Body Corporate
The Bill establishes the Kenya National Council for Population and Development as a body corporate with perpetual succession (Clause 4). This new entity succeeds the Council established under the National Council for Population and Development Order, 2004 (L.N. 120/2004), which will cease to have effect immediately upon the commencement of the Act.
Establishment of a Multi-Sectoral Governing Board
Under Clause 7, management of the Council is vested in a Board consisting of:
- A non-executive chairperson appointed by the President;
- Two independent members with expertise in population studies, demography, or gender, appointed by the Cabinet Secretary;
- Principal Secretaries from the Ministries responsible for population, development, and finance;
- The Attorney-General and the Directors-General of Health and Basic Education;
- Three persons nominated by a joint forum of specified religious organizations; and
- The Director-General of the Council as an ex-officio, non-voting member.
Strict Qualifications for the Director-General
Clause 17 outlines the criteria for the competitively recruited Director-General, who must:
- Hold a minimum of a master's degree in population and development studies or a related field from a recognized university;
- Have at least ten years' experience in the management of a public or private institution; and
- Satisfy the requirements of Chapter Six of the Constitution.
Mandatory Financial Audits and Reporting
Under Clause 24, the Board is required to submit the Council's accounts to the Auditor-General within three months from the end of each financial year. These accounts must be audited and reported on in accordance with the provisions of the Public Audit Act (No. 34 of 2015).
Bill No.
No. 72 of 2023
Gazette No.
Supplement No. 227 of 2023
Sponsor
Kimani Ichung'wah
Background
The National Council for Population and Development is currently established as an advisory body under an executive order (Legal Notice No. 120 of 2004). This status limits its capacity to prescribe regulations, set national standards, and effectively coordinate population and family planning programmes. The Bill seeks to address these limitations by establishing the Council in law through an Act of Parliament, aligning its operations with Kenya's constitutional values and international obligations.
Key Amendments
- Repeal of L.N. 120/2004: Formally repeals and replaces the National Council for Population and Development Order, 2004, transitioning all assets, liabilities, and staff to the new statutory body.
- Defined Council Objectives: Anchors the Council's primary objectives in law, which are to act as the focal point on population matters, develop a national population policy, and coordinate population and development activities across Kenya (Clause 5).
- Expanded Mandate: Empowers the Council to conduct research, establish standards for population programmes, monitor and assess programme impacts, and undertake advocacy including family planning support (Clause 6).
New Obligations
- Annual Estimates: The Board must cause annual estimates of revenue and expenditure to be prepared and submitted to the Cabinet Secretary for approval at least three months before the start of each financial year (Clause 23).
- Accounts and Audit: The Council is obligated to keep proper books of accounts and submit financial statements to the Auditor-General within three months of the end of each financial year (Clause 24).
- Annual Reporting: The Board must submit an annual operations report to the Cabinet Secretary within three months of the financial year's end. The Cabinet Secretary is then required to table this report before the National Assembly within three months of receiving it (Clause 26).
- Conflict of Interest Disclosures: Board members must disclose any direct or indirect interest in any contract or matter under consideration and recuse themselves from deliberations and voting on that matter (Schedule, Paragraph 2).
Transitional Provisions
- Asset and Liability Transfer: All funds, assets, and properties previously vested in the Council established under L.N. 120/2004 are transferred to the new Council, subject to existing interests, liabilities, and obligations (Clause 32).
- Employee Preservation: Any person employed by the previous Council immediately before the commencement of this Act continues as an employee of the new Council under terms and conditions no less favorable than those previously applied, with preserved pension rights and no break in service (Clause 33).
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