The Regional Development Authorities Bill, 2023
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New Ten-Year National Regional Development Strategy
Under Clause 4, the Cabinet Secretary responsible for regional development must formulate and publish a regional development strategy at least once every ten years. This strategy will guide the protection, conservation, development, and regulation of the country's basin-based natural resources.
Standardization of Board Composition
The Bill standardizes the board membership of each regional development authority to eleven members (Clauses 6, 10, 14, 18, 22, and 26). Each Board will consist of:
- A Chairperson appointed by the President;
- Three Principal Secretaries (representing Regional Development, Finance, and Environment);
- Eight members appointed by the Cabinet Secretary from the operational area, observing gender equity and regional balance;
- The Managing Director as an ex-officio member.
Competitive Recruitment and Fixed Terms for Managing Directors
Managing Directors for all six authorities must be competitively recruited and appointed by the Cabinet Secretary on the recommendation of the respective Board (Clauses 8, 12, 16, 20, 24, and 28). They must hold a relevant degree, possess at least ten years' experience in a management position, and will serve a term of four years, eligible for reappointment for one further term.
Strict Disclosure of Interest Requirements
Under Paragraph 7 of the Schedule, any Board member who has a direct or indirect interest in a contract or matter under consideration must disclose this interest and recuse themselves from deliberations. Failure to do so is an offence carrying a fine of up to KSh 500,000, imprisonment for up to one year, or both.
Bill No.
National Assembly Bills No. 7 of 2023
Gazette No.
Supplement No. 28
Sponsor
Lokachapong Peter
Background
Currently, Kenya's regional development authorities are governed by separate, individual pieces of legislation enacted at different times. The Regional Development Authorities Bill, 2023 seeks to consolidate these disparate laws into a single, comprehensive statute. This consolidation standardizes the administration, financial management, and corporate governance of these bodies, aligning them with contemporary public sector governance standards and Article 232 of the Constitution.
Key Amendments
- Repeal of Individual Acts: Under Clause 44, the Bill repeals six existing statutes: the Kerio Valley Development Authority Act (Cap. 441), the Lake Basin Development Authority Act (Cap. 442), the Tana and Athi Rivers Development Authority Act (Cap. 443), the Ewaso Ng'iro South River Basin Development Authority Act (Cap. 447), the Ewaso Ng'iro North River Basin Development Authority Act (Cap. 448), and the Coast Development Authority Act (Cap. 449).
- Consolidated Re-establishment: The Bill formally establishes and incorporates six distinct regional development authorities under a single statutory regime:
- Coast Development Authority (Clause 5)
- Ewaso Ng'iro North River Basin Development Authority (Clause 9)
- Ewaso Ng'iro South River Basin Development Authority (Clause 13)
- Kerio Valley Development Authority (Clause 17)
- Lake Basin Development Authority (Clause 21)
- Tana and Athi Rivers Development Authority (Clause 25)
New Obligations
- National Strategy Formulation: The Cabinet Secretary is obligated to formulate and publish a regional development strategy at least once every ten years to govern basin-based natural resources (Clause 4).
- Annual Estimates and Audit: Each authority must prepare and submit detailed annual estimates of revenue and expenditure at least three months before the end of each financial year (Clause 36). Accounts must be audited annually by the Auditor-General in accordance with the Public Audit Act, 2015 (Clause 37).
- Land Acquisition Procedures: If an authority requires land to discharge its functions, it must acquire it through negotiation and agreement with registered owners for private land, or seek Cabinet Secretary intervention to secure public land (Clause 42).
Penalties
- Failure to Disclose Conflict of Interest: A Board member who fails to disclose a direct or indirect interest in any contract or matter before the Board, or who benefits from non-disclosure, commits an offence. Upon conviction, the member is liable to a fine not exceeding KSh 500,000, imprisonment for a term not exceeding one year, or both (Schedule, Paragraph 7(3)).
Transitional Provisions
- Transfer of Assets and Liabilities: All assets, property, rights, liabilities, and obligations of the former authorities immediately vest in the newly consolidated authorities (Clause 43(1)).
- Staff and Pension Continuity: Staff of the former authorities are transitioned to the respective new authorities. Existing pension, superannuation, and provident fund schemes remain active and valid (Clause 43(3) and 43(5)).
- Pending Proceedings: Any pending disciplinary or legal proceedings initiated by or against a former authority will continue under the newly established corresponding authority (Clause 43(4)).
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