The Kenya National Library Service Bill, 2023..

SPECIAL ISSUE

Kenya Gazette Supplement No. 74 (National Assembly Bills No.20)

REPUBLIC OFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,24thMay,2023

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Kenya National Library Service Bill,2023 | 435 |

THE KENYA NATIONALLIBRARY SERVICE BILL,2023

ARRANGEMENT OF CLAUSES

PART1-PRELIMINARY

Clause

1-Short title.

2-Interpretation.

3-Purpose of the Act.

PARTI-ESTABLISHMENT OF THE KENYA NATIONALLIBRARY SERVICE

4—Establishment of the Kenya National Library Service

5-Functions of the Kenya National Library Service.

6—Composition of the Board.

7-Qualifications for appointment of Board members.

8-Disqualification.

9-Term of Office.

10-Vacancy.

11-- Meetings and procedures of the Board.

12-Committees.

13-Delegation by the Board.

14-Remuneration and allowances.

15-Appointment of Director-General.

16-Corporation Secretary.

17-Staff.

18-Code of Conduct.

19—Protection from personal liability.

20—Liability for damages.

21-Annual Report.

PART III-FINANCIALPROVISIONS

22-Funds of the Kenya National Library Service.

• 23-Investments.
• 24-Annual estimates.
• 25—Financial year.
• 26-Accounts and audit.

PARTIV-ADMINISTRATIVE PROVISIONS

• 27-Standards.
• 28-— Application for membership.
• 29-Common seal.
• 30-Records.
• 31-Fees for services rendered.
• 32-Execution of documents.

PARTV-PROVISIONS ONDELEGATED POWERS

• 33-Regulations.

PARTVI-GENERALPROVISIONS

• 34- Independence of the Kenya National Library Service.
• 35—Agreements for the management of public libraries.
• 36—Proceedings against the Kenya National Library Service.
• 37-Restitution to the Kenya National Library Service.
• 38-Offences.
• 39-General penalty.
• 40-Repeal of Cap.225
• 41-Savings and transitional provisions.

FIRST SCHEDULE THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD OF THE KENYA NATIONAL LIBRARY SERVICE

SECOND SCHEDULE ECODEOFCONDUCT FOR MEMBERS OFTHE

BOARD AND

EMPLOYEES OF THE KENYA NATIONAL LIBRARY SERVICE MINIMUM STANDARDS THE KENYA NATIONAL LIBRARY

THIRD SCHEDULE

FOR SERVICE

THE KENYA NATIONALLIBRARY SERVICE BILL,2023

A Bill for

AN ACT ofParliament to establish the Kenya National Library Service,to provide for the management of the Kenya National Library Service and for connected purposes.

ENACTED by the Parliament of Kenya,as follows-

PART1-PRELIMINARY

• 1.This Act may be cited as the Kenya National
• Library Service Act,2023.

2. In this Act, unless the context otherwise Interpretation.

• requires-

""Board"means the Board of the Kenya National Library Service established under section 6;

"book"includes any volume, encyclopedia,

magazine,review,Gazette,pamphlet,leaflet,sheet of letterpress, sheet of music, annual report, map, plan or chart in digital,audio or print form,which is separately published,and any part or division thereof,but does not include a newspaper, visiting or business card, bill-head, letterhead,price list,annual report,trade circular,trade advertisement or other legal,trade or business document;

"Cabinet Secretary"means the Cabinet Secretary for

the time being responsible for matters relating to libraries;

"Commission"means the Salaries and Remuneration CommissionestablishedbyArticle230ofthe Constitution;

"Director-General"means the Director-General of the Kenya National Library Service appointed in accordance

with section 15;

"informationresource" meansthe procedures, services,materials,personnel and technology designed, provided,built,utilized and applied to ensure library users are able to access information services and facilities;

"member"in relation to the Board means a member of the Board appointed in accordance with section 7;

"National Library Servicemeans a repository and access point for print,audio,audio-visual, braille and digital materials and documents in braille that serves as the preeminent repository of information for the country and as the official depository for printed works, a general public access library, and information and bibliographic centre;

"newspaper"includes any printed matter containing news or intelligence reports of occurrences of interest to the public or any section thereof or any views,comments or observations thereon,whether in print,video or other electronic format for sale or distribution and published periodically or in parts or numbers at intervals but does not include a visiting or business card, bill-head, letterheading, price list, annual report, trade circular, trade advertisement or other legal, trade or business document; and

"public library"means a libraryestablished, maintained and managed by a county, non-governmental organization,community or private person which is open to members of the public.

3. The purpose of this Act is- 2. (a) to preserve national documentary heritage; and 3. (b) to distinguish the functions of the Kenya National Library Service from the other public libraries.

PARTII-ESTABLISHMENT OFTHE KENYA NATIONALLIBRARY SERVICE

• 4.(1) There is established a National Library to be
• known as the Kenya National Library Service.
• (2) The Kenya National Library Service 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, acquiring,holding, leasing, charging
• or disposing of property;
• (c) borrowing,lending or investing money;

Purpose of the Act.

Establishment of

the National Library Service.

• (d) entering into contracts;and
• (e) doing or performing all things or acts for the
• furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate.

5. The functions of the Kenya National Library

• Service shall be to-
• (a) equip, develop, manage and maintain the Kenya National Library Service;
• (b) acquire, preserve and maintain a collection of library resources including books produced within and outside Kenya and such other materials and sources of knowledge necessary
• for a comprehensive national bibliography;
• C liase with other government agencies to ensure compliance by publishers with the Books and Newspapers Act;
• d carry out and encourage research in the development of libraries and related services;
• promote reading for knowledge,information and enjoyment through the stimulation of public interest in books and participation in campaigns for the eradication of illiteracy;
• f establish and maintain a national agency for administering international standard numbers for library resources including books, serials and music;
• g publish the Kenya National Bibliography and the
• Kenya Periodicals Directory;
• establish the national webcat to publish catalogues for all libraries;
• (i)
• (k)
• provide a national library reference and referral service;
• establish and maintain a national virtual library service;
• support the establishment of referral libraries at the regional or county levels;

Functions of the Kenya National Library Service.

Cap.111.

• establish a center for books to promote reading, writing and publishing in local languages, traditional knowledge and culture,information and advice, advocacy, book development and easy access to books;
• (m) provide advisory services and related support for
• libraries;
• n setstandardsforthe operations of libraries;and
• establishmentand
• to perform any other function necessary for the attainment of the objectives of this Act.
• 6.(l) The management of theKenya National Library Service shall vest in the Board which shall consist
• -Jo
• (a) a Chairperson appointed by the President;
• (b) the Principal Secretary responsible for matters relating to libraries or a representative designated
• in writing;
• (c) the Principal Secretary responsible for matters
• relating to finance or a representative designated in writing;
• (d) the Principal Secretary responsible for matters relating toeducation or a representative designated in writing;
• (e) the Principal Secretary responsible for matters relating to devolution or a representative designated in writing;
• )the Principal Secretary responsible for matters technology or a representative designated in
• relating to information and telecommunications writing;
• (g) two persons nominated by the Council of County Governors in accordance with section 7(2);
• (h) one person appointed by the Cabinet Secretary in
• accordance with section 7 (2);and
• )the Director-General who shall be the Chief
• Executive Officer of theBoard.

Compositionof

the Board.

• (2) The appointment of members under sub-section

2. 1(a), (g) and (h) shall be by name and by notice in the Kenya Gazette.

• (3) The Cabinet Secretary shall ensure that the

4. provisions of the Constitution regarding gender parity, personswith disability,regional representation, marginalized persons and the youth are observed in making the appointments.

• (4) The members of the Board shall at their first

6. meeting,elect a vice-chairperson from amongst their number,and the Chairperson and vice-chairperson shall be of opposite gender. 7. 7.(1) A person shall be qualified for appointment as the Chairperson of the Board if thatperson- 8. (a) is a citizen of Kenya; 9. (b) holds a degree from a university recognized in 10. Kenya; 11. (c) has at least ten years' experience with at least seven years'experience in management at a senior level; 12. (d)has had a distinguished career in library and information science, knowledge management, information technology, development studies, management or any related field;and 13. (e)meets the requirements of Chapter Six of the Constitution.

• (2) A person shall be qualified for appointment as a member of the Board if that person-

15. (a) is a citizen of Kenya; 16. (b) holds a degree from a university recognized in 17. Kenya; 18. (c) has knowledge and experience of at least five 19. years at management level; 20. (d) has had a distinguished career in the respective 21. field; and 22. (e) meets the requirements of Chapter Six of the 23. Constitution.

Qualifications for appointment of Board members.

• 8.A person shall not be qualified for appointment as
• the Chairperson ormember of the Board if theperson-
• (a) is a member of a governing body of a political party;
• (b) is bankrupt;
• (c) has been convicted of a criminal offence and sentenced to a term of more than six months imprisonment;
• (d) has been removed from any public office for contravening a provision of the Constitution or any other written law;
• (e) is a member of Parliament or County Assembly; or
• (f) has not met his or her legal obligations relating to tax and other statutory obligations.
• 9.The Chairperson and members of the Board shall be appointed for a term of three years and shall be eligible for onefurther term of threeyears.

10. The office of the Chairperson or a member of the

• Board shall become vacant if the holder-
• (a) dies;
• (b) resigns from office by notice in writing addressed
• to the appointing authority;
• () is convicted of a criminal offence and sentenced to a term ofimprisonment exceeding sixmonths;
• (d) term of office expires;
• (e) is absent from three consecutive meetings of the Board without good cause;or
• (f) is removed from office for any of the following
• grounds--
• violation of the Constitution or any other written law;
• ii)
• gross misconduct or misbehaviour;
• (iii) inability to perform functions of the office arising out of physical ormental infirmity;
• Disqualification

Termofoffice.

Vacancy.

• (iv) incompetence or neglect of duty; or
• (V)
• bankruptcy.
• 11.The conduct and regulation of the business and
• affairs of the Board shall be as provided in the First Schedule.

12. (1) The Board may, for the effective discharge of its functions, establish committees to be chaired by a member of the Board.

• (2) The Board may invite to a meeting of a committee established under subsection (1), any person whose knowledge and skills are considered necessary for the effective discharge of the functions of the Board.
• (3) A person invited to a meeting of a committee may participate in the deliberations,but shall not vote at such meeting.
• 13.The Board may by resolution either generally or in any particular case, delegate to any committee of the Board, member or employee of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act.

14. The Chairperson and members of the Board shall be paid such remuneration or allowances as the Cabinet Secretary may, in consultation with the Commission, determine.

• 15.(1) There shall be a Director-General of the Kenya National Library Servicewho shall be appointed by the Board through a competitive process on such terms and conditions of service as may be specified in the instrument of appointment and who shall hold office for a term of three years renewable once.
• (2) A person shall be qualified for appointment under this section if such person-
• (a) is a citizen of Kenya;
• (b) holds a masters degree in library and information science, knowledge management, information technology, development studies, management or any related field from a university recognized in Kenya;

Meetings and procedures of the Board.

Committees.

Delegation by the

Board.

Remuneration and allowances.

Appointment of Director-General.

• (c) has at least seven years professional experience of which at least five years are at senior management level;and
• (d) meets the requirements of Chapter Six of the Constitution.
• (3) The Director-General shall be an ex-officio member of the Board and shall have noright to vote at any meeting of the Board.
• (4) The Director-General shall be responsible to the Board for the day-to-day management of the affairs of the Kenya National Library Service.
• 16.(1) There shall be a Corporation Secretary of the section, be appointed by the Board, on such terms and
• Kenya National Library Service who shall,subject to this conditionsof service as theBoard may determine.
• (2) A person shall not be appointed as Corporation Secretary unless such person-
• (a)isan advocateof the High Court ofnot less than five years standing;
• (b)holds a certified public secretaries'qualification from a recognized institution; and
• (c)meets the requirements of Chapter Six of the
• Constitution.
• (3) The Corporation Secretary shall, subject to the direction of theBoard beresponsiblefor-
• (a) coordinating and circulating the preparation of Board papers to members of the Board;
• (b) taking minutes in meetings of the Board and ensuring the implementation ofresolutions of the Board;
• (c) ensuring safe custody of the minutes, decisions and documents of the Board;
• (d)ensuring the safe custody of the seal of the Board;
• (e) drafting legal documents on behalf of the Board;
• (f) advising the Board on any legal matters; and

Corporation

Secretary.

• (g) any other matter that the Board may direct.
• 17.(1) The Board may, from time to time, appoint
• such officers and other staff as it considers necessary for carrying out its functions under this Act.
• (2) The Board shall, in the appointment of employees
• (a) ensure that the persons are employed on merit; and
• (b) afford equal opportunity to men and women,
• youth,persons with disabilities and minorities and marginalized groups.
• 18.The members of the Board and the employees of the Kenya National Library Service shall subscribe to the Code of Conduct set out in the Second Schedule.

19. (1) No matter done by a member of the Kenya

• National Library Service or by any officer,member of staff,or agent of the Kenya National Library Service shall, if the matter or thing is done bona fide for the purpose of executing the functions, powers or duties of the Kenya National Library Service under this Act, render the member,officer,employee or agent or any person acting on the direction of the Kenya National Library Service personally liable in an action, claim or demand whatsoever.
• e s ( or prosecution brought against him or her in any court,in respect of any act which is done or purported to be done by him or her under the direction of the Kenya National Library Service, shall,if the court holds that such act was done bona fide, be paid out of the funds of the Kenya National Library Service, unless such expenses are recovered by him or her in such suit or prosecution.
• 20.The provisions of section 19 shall not relieve the
• Kenya National Library Service of the liability to pay him or her, his or her property or any of his or her interests caused by the exercise of any power conferred by this Act or any other written law or by the failure, wholly or partially,of any works.

Staff.

Codeof conduct.

Protectionfrom

personal liability.

Liability for damages.

• 21.(l) The Board shall within three months after the end of each financial year,submit an annual report inrespect to that year to the Cabinet Secretary.
• (2) The report under subsection (1) shall, in respect of
• the financial year to which it relates,contain-
• (a) the financial statements of the Kenya National Library Service;
• (b) a description of the activities of the Kenya National Library Service;
• (c) such other statistical information as the Board considers appropriate relating to the functions of the Kenya National Library Service;and
• (d) any other information relating to its functions that the Kenya National Library Service considers necessary.
• (3) The Board shall publish and publicize the annual report in such accessible manner as it considers appropriate.

PARTII-FINANCIALPROVISIONS

• 22.(1) The funds of the Kenya National Library Service shall consist of-
• (a) monies allocated by the National Assembly;
• (b) grants, gifts, donations or other endowments
• given to the Kenya National Library Service;
• (c)monies drawn from levies,fees and royalties;
• (d) monies drawn from profitable ventures and investments of all kinds undertaken by the Kenya National Library Service;
• (e) all monies loaned to the Kenya National Library Service; and
• (f) such funds as may vest in or accrue to the Kenya National Library Service in the performance of its functions under this Act or under any other
• written law.
• (2) Nothing in this section shall be construed to oblige the Board to accept a donation unless it approves of the terms and conditions attached to such donation.

Annual Report.

Funds of the

Kenya National Library Service.

• 23.The Kenya National Library Service may with the approval of the Cabinet Secretary and the Cabinet Secretary for the National Treasury invest any of the Kenya National Library Service's funds not immediately required for the purposes of this Act, as it may determine.
• 24.(1) The Board shall in accordance with the provisions of the Public Finance Management Act,cause to be prepared estimates of the revenue and expenditure of the Kenya National Library Service at least three months before the commencement of each financial year.
• (2) The annual estimates shall make provision for all
• the estimated expenditure of the Kenya National Library Service for the financial year concerned and in particular shall make provision for-
• (a) payment of the salaries, allowances and other charges in respect of members and staff of the
• Kenya National Library Service;
• (b) payment of pensions, gratuities and other charges in respect of members and staff of the Kenya National Library Service;
• (c) the purchase,maintenance and replacement of-
• (i) the buildings and grounds of the Kenya National Library Service;
• ii) reading material and any other equipment as may be necessary for the operations of the
• Kenya National Library Service;and
• (iii) equipment and other property of the Kenya National Library Service;
• (d) 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 consider necessary;and
• (e) any other expenditure that the Board may
• approve.
• (3) The Cabinet Secretary shall present the estimates approved by the Board under sub-section (2) to the
• relevant committees of the National Assembly.

Investments.

Annual estimates.

No.18of2012.

• 25.The financial year of the Kenya National Library Service shall be the period of twelve months commencing
• on the first of July and ending on the thirtieth of June.
• 26.(1) The Kenya National Library Service shall cause to be kept proper books and records of accounts of the income,expenditure,assets and liabilities of the Kenya National Library Service.
• (2) Within the period of three months after the end of each financial year,the Kenya National Library Service shall submit to the Auditor-General,the accounts of the Kenya National Library Service in respectof that year together with-
• (a) a statement of income and expenditure during the year; and
• (b) a balance sheet of the Kenya National Library Service on the last day of that financial year.
• (3) The accounts of the Kenya National Library
• Service shall be audited and reported upon in accordance with the provisions of the PublicAudit Act,2015.

PARTIV-ADMINISTRATIVEPROVISIONS

27. The operations of the Kenya National Library Service shall be in accordancewith the standards set out in the Third Schedule. 28. (1) Any person who or institution which wishes to 3. become a member of the Kenya National Library Service shall make an application in the manner prescribed in the regulations.

• (2) The Kenya National Library Service shall

5. determine the registration and subscription fees chargeable to individuals and institutions which shall be set out in the regulations. 6. (3) The Kenya National Library Service shall on receipt of an application made under subsection (1) and on satisfying itself that the applicant has complied with the conditions set out in the Regulations,cause the applicant to be registered as a member of the Kenya National Library Service and issue a librarycard to thateffect.

Financial year.

Accounts and audit.

No.34of2015.

Standards.

Application for membership.

• (4) The library card issued under subsection (3) remains the property of the Kenya National Library Service and shall be surrendered when the person or institution ceases to be a member.

2. 29.(1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Director-General.

• (2) The affixing of the seal shall be authenticated by the Chairperson or any other person authorized in that

4. Records 5. behalf by resolution of the Board. 30. The Kenya National Library Service shall maintain records of- 7. (a) all documents whether, in soft copy, in hard copy or any other format, belonging to the Kenya National Library Service; 8. (b) all persons and institutions registered as members of the Kenya National Library Service;and 9. (c) such other particulars that the Board considers 10. necessary or desirable to be recorded. 11. 31.The Kenya National Library Service shall determine the fees to be paid for services it renders to its clients. 32. (1) All deeds, instruments, contracts and other documents shall be deemed to be executed by or on behalf of the Kenya National Library Service- 13. (a) if sealed by the common seal of the Kenya National Library Service and signed by the 14. Chairperson or any other person authorized in that behalf by resolution of the Board; or 15. (b) if executed in that behalf by one member of the and by the Director-General or any member of staff of the Kenya National Library Service acting 16. Board appointed by the Board for that purpose in that office.

• (2) A deed, instrument, contract or other document executed in accordance with subsection (1) shall-

Common Seal.

Fees for services

rendered.

Execution of documents.

• (a) subject to any exception that may be taken on any ground other than that of the competence of the party executing the same on behalf of the Kenya National Library Service, bind the Kenya National Library Service and its successors; and
• (b) be varied or discharged in the same manner as it
• was executed.

PARTV-PROVISIONS ON DELEGATED

POWERS

• 33.(1) The Cabinet Secretary may in consultation with the Kenya National Library Service,make regulations for the better carrying into effect the provisions of this Act.
• (2) The Regulations made under subsection (1) shall
• include regulations prescribing the requisite forms and fees for use under this Act.
• (3) For the purpose of Article 94(6) of the
• Constitution-
• (a) the purpose and objective of the delegation of legislative power under this section is to enable the Cabinet Secretary to make rules to provide for the better carrying into effect the provisions of this Act;
• (b) the authority of the Cabinet Secretary to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and fulfillment of the objectives specified under this section;
• c)t theprinciplesand standards applicable to therules made under this section are those set out in the Interpretation and General Provisions Act and the StatutoryInstruments Act,2013.

PART VI-GENERALPROVISIONS

34. Except as provided for under this Act, the Kenya National Library Service shall not,in the performance of its functions, be subject to the direction or control of any person or institution.

Regulations.

Cap.2.

No.23of2013.

Independence of theKenya National Library Service.

35. The Kenya National Library Service may enter into a written agreementwith a County Government on the management of a public library within that county. 2. 36.(l) An action or legal proceeding shall not be commenced against the Kenya National Library Service unless the complainant has served the Director-General with a written notice containing the particulars of the claim and of intention to commence such action or legal proceedings.

• (2) The written notice under subsection (1) shall be served at least one month prior to the commencement of such proceedings.

37. A person who steals or who intentionally damages property belonging to the Kenya National Library Service be required to make restitution of the stolen or damaged 5. property. 6. 38.(1) A person who- 7. (a) procures or attempts to procure the entry of any name on the register by willfully making or producing or causing to be made or produced, either orally or in writing, any declaration, certificate or representation which the person knows to be false or fraudulent; 8. (b)falsely or fraudulently holdshimself or herself out 9. to be registered;or 10. (c) steals and destroys library material,

commits an offence and is liable on conviction, to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding twelve months,or to both.

• (2) A person who-—

2. (a) without reasonable justification or other lawful excuse, obstructs or hinders, or threatens a member or staff or agent in the course of duty under this Act; 3. (b) submits false or misleading information; or

Agreementsfor the management of public libraries.

Proceedings against the Kenya National Library Service.

Restitution to the Kenya National

Library Service.

Offences.

• (c) makes false misrepresentation to, or knowingly misleads a member or staff acting under this Act,

commits an offence and is liable on conviction toa fine not exceeding one hundred thousand shillings or to imprisonmentfor a termnot exceedingoneyearortoboth.

39. A person who commits an offence under this Act 2. for which no penalty is prescribed shall on conviction be liable to a fine not exceeding one hundred thousand shillingorimprisonmentfor aperiod notexceeding twelve months,orboth.

Repeal of Cap225.

Savings and transitional

provisions.

40. The Kenya National Library Service Board Act is 2. repealed. 41. (1) Subject to any other written law, all the rights, duties, obligations, assets and liabilities of the former 4. Board existing at the commencement of this Act shall be automatically and fully transferred to the Kenya National Library Service.

• (2) The Chairperson and members of the Board who immediately before thecommencementof this Actwere serving at the former Board shall,upon commencement of this Act,continue in office for the unexpired period of

6. their term.

• (3) Subject to any written law, a person who

8. immediatelybefore the commencementofthisActwasan employee who was serving at the former Board shall,upon the commencement of this Act,be deemed to be an employee of theKenya National Library Service.

• (4) An employee of the former Board who does not

10. wish to become an employee of the Kenya National Library Service shall exercise his or her option within a period of twelve months from the date of coming into operation of this Act;

General penalty.

FIRST SCHEDULE

THE CONDUCT OF BUSINESS AND AFFAIRS OF THE

BOARD

• 1.(1) A meeting of the Board shall be held on such
• date and at such time as the Board may determine.
• (2) The Board shall meet not less than four times in any financial year and not more than three months shall lapse between one meeting and thenext.
• 2.The Chairperson shall upon requisition in writing
• by at least one-third of the members convene a special meeting of the Board.
• 3.(1) The quorum for the conduct of the business of the Board shall be fivemembers.
• (2) Where there is no quorum at a meeting of the Board,or for the continuation of the meeting of the Board, by reason of the exclusion of a member on account of the provisions governing disclosure of interest,the members present shall postpone consideration of the matter in question until there is a quorum.

Voting.

• 4.(1) The Chairperson shall when present,preside at every meeting of the Board.
• (2) In the absence of the Chairperson, the viceChairperson shall preside.
• (3) In the absence of both the chairperson and the vice-chairperson, the members present shall elect one of their member to preside, and the person so elected shall have all the powers of the Chairperson with respect to that meeting and the business transacted thereat
• (4) Unless an 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.

5. The minutes of each meeting of the Board or of a Committee of the Board shall be kept by the DirectorGeneral and shall be confirmed by the Board or the Committee at the succeeding meeting and be duly signed by the Chairperson or the person presiding and the

• Director-General.
• Time and place of meetings.

Special meetings.

Quorum.

Minutes of meetings.

6. Subject to paragraph 3, no proceedings of the Board shall be invalid by reason only of a vacancy among the members. 2. 7.Subject to the provisions of this Schedule, the Board may determine its own procedure and the procedure forany Committee of the Board and for theattendance of other persons at its meetings and may make rules in respect thereof. 8. The Director-General or any officer instructed by 4. the Board in that behalf,present at a meeting of the Board or a Committee thereof,shall have the right to require his or her opinion tobe recorded if the Board or the Committee,as the case may be, passes a resolution,which in the Director-General's opinion, is contrary to his or her advice or contrary to law. 9. (1) If any person is present at a meeting of the of consideration and in which matter that person or that person's spouse or immediate family member is directly or indirectly interested in a private capacity, that person shall as soon as is practicable after the commencement of the meeting declare such interest and shall not,unless the Board or committee otherwise directs, take part in any consideration or discussion of,or vote on any question connected to such matter.

• (2) The disclosure of interest shall be recorded in the minutes of the meeting at which the disclosure is made.
• (3) The Chairperson ormember of the Board who has made disclosure under subparagraph (1) shall not transact any business or trade with the Board.
• (4) A person who contravenes this paragraph is

9. disqualified from membership on theBoard.

Validity of proceedings.

Proceduresofthe

Board.

Recording opinion of ex-officio and co-opted

members.

Conflictof interest.

SECOND SCHEDULE

CODEOF CONDUCTFORMEMBERSOFTHE BOARDANDEMPLOYEES OFTHEKENYA NATIONALLIBRARYSERVICE

1. Every member and employee of the Kenya 2. NationalLibraryServiceshall impartially and independently perform the functions of a member or employee in good faith and without fear, favour or prejudice, and without influence from- 3. (a) any public officer; 4. (b) any political party; 5. (c) any candidate participating in an election; or 6. (d) any other person. 7. 2.(l) If a member or an employee is directly or indirectly interested in any contract, proposed contract or other matter before the Board and ispresent at anymeeting of the Board at which the contract, proposed contract or other matter is the subject of consideration,the member or employee shall,at the meeting and as soon as practicable after the commencement thereof, disclose the fact and shall not take part in the consideration or discussion of,or vote on, any question with respect to the contract or other matter or be counted in the quorum of the meeting during consideration of the matter.

• (2) An employee whose personal interest conflicts

9. with their official duties shall- 10. (a) declare the personal interests to their supervisor or other appropriate person or body in writing and comply with any directions given to avoid the conflict;and 11. (b) refrain from participating in any deliberations with respect to thematter.

• (3) A member or employee of the Kenya National Library Service shall not transact business with the Kenya

13. National Library Service directly or indirectly. 3. A member or employee of the Kenya National 15. Library Service shall--

Professionalism

Impartiality and independence of members.

Disclosure of conflictof

interest.

• (a) perform duties in a manner that promotes and
• maintains public confidence in the Kenya National Library Service;
• (b) treat the public and colleagues with courtesy and respect;
• (c) discharge all duties in a professional, timely and efficientmanner and in line with the rule of law; and
• (d) respect the rights and freedom of all persons that he or she may interact with.

4. A member or employee of the Kenya National

• Library Service shall not--
• (a) use the office to improperly enrich themselves or others;
• (b) accept or request gifts or personal favours from any person who may have a commercial interest with the Kenya National Library Service or any other interest that may be affected by the normal business of the Kenya National Library Service; or
• (c) use information that is acquired during the course of duty or connected to the duties for personal benefit or for the benefit of others.

5. A member or employee shall conduct his or her private affairs in a manner that maintains public confidence in the integrity of the office and the Kenya National Library Service as a whole and shall-

• (a) not evade paying taxes;
• (b) not neglect financial obligations;
• (c) submit an annual declaration of income, assets and liabilities to the body responsible for such declarations from public officers;
• (d) not engage in political activity that may compromise or be seen tocompromise the neutrality of the office, or the Kenya National Library Service; and
• (e) not preside over or play a central role in the organization of a fundraising activity.

Improper enrichment.

Integrity in private affairs.

• 6.(l) A member or employee shall not sexually
• harass a member of the public or colleague.
• (2) Sexual harassment includes-
• (a) making a request or exerting pressure for sexual activity or favours;
• (b) making intentional or careless physical contact that is sexual in nature; or
• (c) making gestures, jokes or comments, including innuendoes regarding another person's sexuality.
• 7.A member or employee shall not practice favouritism on the grounds of tribe,race,kin,culture,sex or acquaintance or otherwise in performance of duties.
• 8.This Code is in addition to the provisions of the Public Officers Ethics Act and where there is a conflict between the Code and the Act, the provisions of the Public Officers Ethics Act shall prevail.
• 9.Any breach of the Code by a member the Board or officer of the Kenya National Library Service shall be treated as gross misconduct.

Sexual harassment.

Nepotism.

Application of the Public Officers Ethics Act,No.4 of2003, Breach of code.

THIRD SCHEDULE

(s.27)

MINIMUM STANDARDSFOR THE KENYA NATIONAL LIBRARYSERVICE

The Kenya National Library Service shall conform to the following minimum standards-

No.Standard

Description

• National Bibliographic Control procedures

Legal deposits, production of Kenya National Bibliography (KNB), developmentofunion catalogue, incorporate Cataloguing in Publication (CIP).

• Internationally accepted Resource Description

Use of international cataloguing and classification standards including Resource Description Access (RDA), MARC formats amongothers.

National and public Libraries Developing policy framework for policy guidelines national and public libraries e.g. collection development, disposal, etc.

• Kenya Library Association (KLA) guidelines

Enforcing best practices in Library and information schools, subscription to international professional association, fostering adherence to international professional standards,certification to practice as professionals.

5.Procedures for preservation Digitization,microfilming, archiving,

• and conseryation of National de-acidification.

• heritage

• 6 Guidelines for establishment Public, community, special, school.

• of libraries

• ISO 9001:2008 Requirements Quality assurance,

• complaint mechanisms,service charter.

• 8.

• National Reference Centre control measures

Information resources, human resources and ICT. Legal deposits, e- resources,international exchange of publications, UN Depository (world Bank, IMF, ILO), Kenyana (publication of Kenyan interest)

| 9. Research | Conducting research in emerging issues in libraries and related services, developing research database (knowledge repository) Institutional/Nationalrepository. | |--------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | 10. Information Communication Integrating ICT in library services, and Technology (ICT) control content management system (CMS), document management system (DMS). | | 11. Information literacy | User education, information retrieval, finding aids. | | 12.Finding aids | Catalogues, OPACs, qualified human resource. | | 13. Security | Information materials, staff, equipment, building, content, security policy. | | 14. Library building | Amenities including water, washrooms, lighting, exits, signage, design. | | 15Accessibility | Persons with disability(visually impaired, physically challenged. | | 16.Location | Proximity yto county headquarters, centrality,ease of access. | | 17.Furniture | Type, adequacy. | | 18. Reprographic services | Photocopying reference materials, adhere to copyright law. | | 19. NEMA guidelines | Environment, health, safety, risk, noise. | | 20. Staffing levels | Professionally qualified staff, support staff. | | | 21. Co-operation and partnership Institutional borrowing, International exchanges (information materials and staff), Public Private Partnership (PPP). | | 22.Advisory services | Consultancy on library services to all parties. | | 23.International Resource Identification Numbers | Issuance of ISBN,ISMN, ISSN and bar codes. |

MEMORANDUM OFOBJECTSANDREASONS

The principal object of this Bill is to give effect to Article 11(2)(a) of the Constitution which mandates the State to promote all forms of national and cultural expression through literature,the arts,traditional celebrations, science,communication,information,mass media,publications,libraries and other cultural heritage.

• PART I of the Bill provides for preliminary matters, including the short title to the Bill, the interpretation of terms used in the Bill as well as the purpose of the Act.
• PART H of the Bill provides for the establishment of the Kenya National Library Service as a body corporate. Clause 5 provides for the functions of the Kenya National Library Service which include acquiring, preserving and maintaining a collection of library resources, carrying out and encouraging research in the development of libraries and related services and providing a national library reference and referral service among others. Clause 6 establishes the Board of the Kenya National Library Service and provides for the procedure of appointment for members of the Board while Clause 7 provides for the qualifications of the Board members. Clause 16 provides for the qualifications and functions of the Corporation Secretary whilst Clause 17 empowers the Board to employ such number of staff as it may consider necessary for the proper performance of its functions.
• PART II of the Bill contains the financial provisions for the Kenya National Library Service. Clause 22 outlines the monies that shall constitute the funds of the Kenya National Library Service and Clause 24 provides for the preparation of annual estimates of the Kenya National Library Service before the end of each financial year. Clause 25 provides for the financial year of theKenya National Library Service.
• PART IV of the Bill sets out the administrative provisions of the Bill. Clause 27 sets out the standards for the operations of the Kenya National Library Service while Clause 30 provides for the obligation of the Kenya National Library Service to maintain records related to
• libraries.
• PART V of the Bill contains the provisions on delegated powers. This Part gives the Cabinet Secretary, in consultation with the Kenya National Library Service, the power to make regulations for the better carrying into effect of the provisions of the Bill.
• PART VI of the Bill contains the general provisions. Clause 34
• provides for the independence of the Kenya National Library Service,

while Clause 35 gives power to the Kenya National Library Service to enter into a written agreement with a county government on the management of a public library within the county. Clause 38 provides for the offences under the Bill while Clause 39 provides for the general penalty. Clause 40 provides for the repeal of the Kenya National Library Service Act, Cap. 225, while Clause 41 provides for the savings and transitional provisions.

The First Schedule to the Bill provides for the provisionsrelating to the conduct ofbusiness and affairs of the Board.

The Second Schedule to the Bill provides for the code ofconduct for members of the Board and employees of the Kenya National Library Service.

The Third Schedule to the Bill provides for the minimum standards

for the Kenya National Library Service.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

The Bill does not contain any provisions limiting any fundamental rights or freedom, but it delegates legislative powers to the Cabinet Secretary.

Statement on how the Bill concerns county governments

The Bill concerns county governments in terms of Article 110(1)(c) of the Constitution as it contains provisions that affect the functions of County Governments as set out in the Fourth Schedule to the Constitution.

Paragraph 4 of Part 2 of the Fourth Schedule to the Constitution provides those public amenities including libraries is a function of the county governments.

Statement as to whether the Bill is a money Bill within the meaning of

Article 114 of the Constitution

The enactment of this Bill may occasion additional expenditure of public funds.

Dated the 16thMay,2023.

DANIELSITATIWANYAMA,

Chairpersonof theDepartmental Committee on Sports and Culture.