Regional Development Authorities Bill, 2023

SPECIAL ISSUE

Kenya Gazette Supplement No.28 (National Assembly Bills No.7)

REPUBLIC OFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,10th March,2023

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Regional Development Authorities Bill,2023 | 75 |

THEREGIONALDEVELOPMENTAUTHORITIES BILL,2023

ARRANGEMENT OF CLAUSES

Clause

PARTI-PRELIMINARY

• 1-Short title.
• 2—Interpretation.
• 3-General principles.
• 4-Regional development strategy.

PARTII-ESTABLISHMENT OFREGIONAL DEVELOPMENTAUTHORITIES

Coast Development Authority.

• 5-Establishment and incorporationofthe Coast Development Authority.
• 6-Board of the Coast Development Authority.
• 7-Functions of the Coast Development Authority
• 8-Managing Director of the Coast Development Authority.

Ewaso Ng'iro North River Basin Development Authority

• 9-Establishment and incorporation of the Ewaso Ng'iro North River Basin Development Authority.
• 10-Board of the Ewaso Ng'iro North River Basin Development Authority.
• 11-Functions of the Ewaso Ng'iro North River Basin Development Authority.
• 12-Managing Director of the Ewaso Ng'iro North River Basin Development Authority.

Ewaso Ng'iro South River Basin Development Authority.

• 13-Establishment and incorporation of the Ewaso Ng'iro South River Basin Development Authority.
• 14-Board of the Ewaso Ng'iro South River Basin Development Authority.

• 15-Functions of the Ewaso Ng'iro South River Basin Development Authority.
• 16-Managing Director of the Ewaso Ng'iro South River Basin Development Authority.

KerioValley Development Authority

• 17-Establishment and incorporation of the Kerio Valley Development Authority.
• 18-Board of the KerioValley Development Authority.
• 19-Functions of the Kerio Valley Development Authority.
• 20Managing Director of the Kerio Valley Development
• Authority.

Lake Basin Development Authority

• 21—Establishment and incorporation of the Lake Basin Development Authority.
• 22-Board of the Lake Basin Development Authority.
• 23-Functions of the Lake Basin Development Authority.
• 24—Managing Director of the Lake Basin Development Authority.

Tana and Athi Rivers Development Authority.

• 25-Establishment and incorporation of the Tana and Athi
• Rivers Development Authority.
• 26-Board of the Tana and Athi Rivers Development
• Authority.
• 27-Functions of the Tana and Athi Rivers Development
• Authority.
• 28-Managing Director of the Tana and Athi Rivers
• Development Authority.

PART III-ADMINISTRATION OF REGIONAL

DEVELOPMENTAUTHORITIES

• 29-Conduct of business and affairs of regional
• development authorities.
• 30-Vacation of office.
• 31—Remuneration of Board members.

• 32-Staff.

PART IV-FINANCIAL PROVISIONS

• 34-— Funds for regional development authorities.
• 35-Financial year.
• 36—Annual estimates.
• 37-Accounts and Audit.

PARTV-PROVISIONS ONDELEGATED POWERS

• 38-Regulations.

PARTVI-MISCELLANEOUS

• 39—Protection from liability.
• 40-Common seal.
• 41-Signification of documents.
• 42-Acquisition of land for the purposes of a regional development authority.

PARTVII-SAVINGS,TRANSITIONALAND

REPEAL

• 43—Saving and transitional.
• 44-Repeal of Cap. 441, Cap. 442, Cap. 443, Cap. 447, Cap.448, and Cap. 449.

SCHEDULE

PROVISIONS ASTO THECONDUCTOF BUSINESS AND AFFAIRS OF THE BOARD OF

A REGIONALDEVELOPMENTAUTHORITY

THE REGIONALDEVELOPMENT AUTHORITIES BILL,2023

A Bill for

AN ACT of Parliament to consolidate the laws relating toregional development,to provide for the establishment powers and functions of regional development bodies; and for connected purposes.

ENACTED by the Parliament of Kenya,as follows-

PARTI-PRELIMINARY

• 1.This Act may be cited as the Regional Development Short title. Authorities Act,2023.
• 2.In this Act,unless the context otherwise requires-

"Cabinet Secretary"means the Cabinet Secretary for the time being responsible for matters relating to regional development authorities;

"Chairperson"means the person appointed as a Chairperson of a regional development authority under this

Act;

"Coast region" means that part of the area covering Lamu,Mombasa,Kilifi,Tana River,Kwale and Taita/Taveta counties including the southern half of Garissa county and the exclusive economic zone;

"Ewaso Ng'iro North River Basin"means the basin and catchment area situated within Isiolo,Laikipia, Samburu,Marsabit,Wajir,northern half of Garissa,and Mandera counties,including parts of Nyandarua,Nyeri and

Meru counties;

"Ewaso Ng'iro South River Basin"means the basin and catchment area situated within Narok, Kajiado, Nyandarua and Nakuru counties;

"exclusive economic zone"means the exclusive economic zone of Kenya established and delimited by section 4 of the Maritime Zones Act 1989 (No.6 of 1989);

"former Authority"means-

• (a) theKerio ValleyDevelopment Authority established under section 3 of the Kerio Valley Development Authority Act;

Interpretation.

Cap.371.

Cap.441

• (b) the Lake Basin Development Authority established under section 3 of the Lake Basin Development Authority Act;
• Cap.442
• Cap.443 (c) the Tana and Athi Rivers Development Authority established under section 3 of the Tana and Athi Rivers Development Authority Act;
• (d) the Ewaso Ng'iro South River Basin Development Cap.447 Authority established under section 3 of the Ewaso Ng'iro South River Basin Development Authority
• Act;
• (e) the Ewaso Ng'iro North River Basin Development Cap.448 Authority established under section 3 of the Ewaso Ng'iro North River Basin Development Authority Act; and
• (f) the Coast Development Authority Act established under section 3 of the Coast Development Authority Act;

"Kerio Valley" means the area drained by, and

bounded by the watersheds of,the Kerio and Turkwell Rivers and their tributaries;

"Lake Basinmeans the Lake Victoria catchment area and that part of Lake Kyoga catchment area situated within Kenya;and

"Tana and Athi rivers area"means the area drained by, and bounded by,the water sheds of the Tana and Athi Rivers and their tributaries.

• 3.(1) In implementing this Act, a person shall be guided by the principles under this section.
• (2) The principles include-
• (a) adoption of an integrated ecosystem approach to conserving the environment for the benefit of the
• citizenry;
• (b) promotion of the integration of the economic value derived from ecosystems into the national accounting system, programmes and projects;
• (c) sustainable use of environmental resources;
• (d) promotion of equity in the management of the environment and natural resources to ensure
• Cap.449

General

principles.

• equitable access to resources for present and future generations;
• (e) emphasis on multi-level participation in regional
• development;
• ensuring the enjoyment of a clean and healthy environment;
• (g) the values and principles of public service under
• Article 232 of the Constitution;
• (h) good governance;
• (i) public participation and community involvement in the management of the environment; and
• (i)consultation and co-operation between the national
• and county governments.

4. (l) The Cabinet Secretary shall formulate and publish a regional development strategy at least once every tenyears,to guide the protection,conservation, development and regulation of the country's basin based natural resources.

• (2) The regional development strategy shall prescribe the principles, objectives, standards, indicators, procedures and incentives for the protection, conservation, control, management, sustainable utilization and development of basin based natural resources.

PARTI-ESTABLISHMENT OFREGIONAL DEVELOPMENTAUTHORITIES

Coast Development Authority

• 5.(l) There is established a regional development authority to be known as the Coast Development Authority.
• (2) The Coast Development 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) taking, purchasing or otherwise acquiring, holding,
• charging and disposing of movable and immovable property;

Regional development strategy.

Establishment and incorporation of the Coast Development Authority.

• (c) borrowing and lending money;
• (d) entering into contracts;and
• (e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.
• 6.(l) There shall be a Board of the Coast Development Authority comprising of-
• (a) a chairperson appointed by the President from amongst the persons appointed under paragraph
• (e);
• (b) the Principal Secretary of the Ministry for the time being responsible for regional development or an officer of that Ministry designated by the Principal Secretary in writing;
• (c) the Principal Secretary of the Ministry for the time being responsible for finance or an officer of that Ministry designated by the Principal Secretary in
• writing;
• (d) the Principal Secretary of the Ministry for the time being responsible for the environment or an officer of that Ministry designated by the Principal Secretary in writing;
• (e) eight other members appointed by the Cabinet Secretary, all of whom shall be appointed from the area affected by the operations of the Authority;
• and
• (f) the Managing Director of the Board who shall be an ex-officio member.
• (2) In appointing the members under subsection (1)(e) the President and the Cabinet Secretary shall observe the principle of gender equity and regional balance.
• (3) A person shall be qualified for appointment under subsection (1)(e) if the person-
• (a) has at least ten years' experience in public affairs,
• resource mobilization, governance or a related field;and

Board of the Coast Development

Authority.

• (b) meets the requirements of Chapter Six of the
• Constitution.
• (4) The chairperson and members of the Board appointed under subsection (1)(e) shall hold office for a
• period of three years from the date of appointment, and shall be eligible for re-appointment for one further term.

7. The Coast Development Authority shall-

• a) advise the Cabinet Secretary on all matters pertaining to the conservation, management, control,standards,sustainable development and utilization ofbasin based natural resources in the Coast region;
• b co-ordinate, plan and implement policies and programmes related to integrated development and sustainable utilization ofnatural resources in
• the Coast region;
• (C) initiate,undertake and co-ordinate studies on conservation and sustainable utilization ofnatural resources within the Coast region;
• (P) maintain a database of natural resources and formulate and disseminatealong range
• development plan for the Coast region;
• initiate, plan, develop and manage multipurpose dams and implement inter and intra-basin water transfer schemes for sustainable integrated development;
• f monitor and evaluate basin-based integrated
• development programmes and projects;
• advise the government and other institutions on sustainable integrated development,basin-based resource management and investment opportunities;
• (h) organize consultative forums with relevant agencies and stakeholders oni integrated development and sustainable utilization ofnatural resources in the Coast region;
• (i) undertake programmes and projects for promotion and resolution of basin-based resource

Functions of the Coast Development Authority.

• Gi)
• use conflicts in collaboration with other relevant
• authorities and stakeholders;
• mobilize resources and undertake investments for sustainable utilization of basin-based resources and for self-sustainability;
• k co-ordinate the design and implementation of the country'sregional andinternational commitments pertaining toconservation and sustainable utilization of natural resources within the Coast region;
• approve, co-ordinate and intervene on matters affecting the natural resources within the Coast
• region;
• (m) implement relevant national government strategic programmes and perform other related functions and activities as may be necessary to promote and sustain socio-economic development;
• undertake programmes and projects on climate mitigation to build and resilience through technology
• (n) change adaptation and capacity transfer and other means;
• 0 provide information and advice to the Cabinet Secretary on formulation of policy, strategies, master plans,management tand sustainable development and utilization of basin based natural resources; and
• p perform any other function which the Cabinet Secretary may, by notice in the Gazette, prescribe.

8. (1) There shall be a Managing Director of the Coast Development Authoritywho shall be competitively recruited and appointed by the Cabinet Secretary on the recommendation of the Board of the Authority,and whose terms and conditions of service shall be specified in the instrument of appointment or otherwise in writing from time to time.

• (2) A person shall be qualified for appointment under this section where such person-
• (a) is a holder of a degree from a university recognized inKenya in natural resources

Managing

Director of the Coast Development Authority.

• management, finance, business, strategic management or a related field;
• (b) has at least ten years' experience in a management position in a private or public organization;and
• (c) meets the requirements of Chapter Six of the Constitution.
• (3) The Managing Director of the Authority shall-
• (a) be the secretary to the Board;
• (b) subject to the directions of the Board, be responsible for the day to day management of the affairs of the Authority; and
• (c) be responsible to the Board generally for the
• implementation of thisAct.
• (4) The Managing Director shall be appointed for a term of four years, and shall be eligible for reappointment for one further term upon satisfactoryperformance.

Ewaso Ng'iro North River Basin Development Authority

9. (1) There is established a regional development authority to be known as the Ewaso Ng'iro North River Basin Development Authority.

• (2) The Ewaso Ng'iroNorth RiverBasin Development Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name,be capable of-

3. (a) suing and being sued; 4. (b) taking, purchasing or otherwise acquiring, holding, 5. charging and disposing of movable and immovable property; 6. () borrowing and lending money; 7. (d) entering into contracts;and 8. (e) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

Establishment and incorporation of the Ewaso Ng'iro North River Basin Development Authority.

10. (1) There shall be a Board of the Ewaso Ng'iro North River Basin DevelopmentAuthority comprising- 2. (a) a chairperson appointed by the President from amongst the persons appointed under paragraph 3. (e); 4. (b) the Principal Secretary of the Ministry for the time being responsible for regional development or an officer of that Ministry designated by the Principal Secretary in writing; 5. (c) the Principal Secretary of the Ministry for the time being responsible for finance or an officer of that Ministry designated by the Principal Secretary in 6. writing; 7. (d) the Principal Secretary of the Ministry for the time being responsible for the environment or an officer of that Ministry designated by the Principal 8. Secretary in writing; 9. (e) eight other members appointed by the Cabinet Secretary, all of whom shall be appointed from the area affected by the operations of the Authority; 10. and 11. (f) the Managing Director of the Board who shall be an ex-officio member.

• (2) In appointing the members under subsection (1) (e) the President and the Cabinet Secretary shall observe the principle of gender equity and regional balance.
• (3) A person shall be qualified for appointment under subsection (1) (e) if the person-

14. (a) has at least ten years' experience in public affairs, resource mobilization, governance or a related field; and 15. (b) meets the requirements of Chapter Six of the 16. Constitution.

• (4) The chairperson and members of the Board appointed under subsection (1) (e) shall hold office for a period of three years from the date of appointment, and shall be eligible for re-appointment for one further term.

EwasoNg'iro North River Basin Development

Board of the Authority.

• 11.The Ewaso Ng'iro North River Basin
• Development Authority shall-
• (a) advise the Cabinet Secretary on all matters pertaining to the conservation, management, control, standards,sustainable development and utilization of basin based natural resources in the Ewaso Ng'iro North River basin;
• (b) co-ordinate, plan and implement policies and programmes related to integrated development and sustainable utilization of natural resources in the Ewaso Ng'iro North River basin;
• (C) initiate, undertake and co-ordinate studies on conservation and sustainable utilization of natural resources within the Ewaso Ng'iro North River basin;
• (d) maintain a database of natural resources and formulateand disseminatea long range development plan for the Ewaso Ng'iro North
• River basin;
• (e) initiate,plan, develop and manage multipurpose dams and implement inter and intra-basin water transfer schemes for sustainable integrated development;
• monitor and evaluate basin-based integrated development programmes and projects;
• advise the government and other institutions on g sustainable integrated development,basin-based resource management and investment opportunities;
• (h) organize consultative forums with relevant agencies and stakeholders on integrated development and sustainable utilization of natural resources in the Ewaso Ng'iro North River basin;
• undertake programmes andprojectsfor promotion and resolution of basin-based resource use conflicts in collaboration with other relevant
• authorities and stakeholders;

Functions of the EwasoNg'iro North River Basin Development Authority.

• (i) mobilize resources and undertake investments for sustainable utilization of basin-based resources and for self-sustainability;
• k) co-ordinate the design and implementation of the country's regional and international commitments pertainingtoconservation and sustainable utilization of natural resources within the Ewaso Ng'iro North River basin;
• approve, co-ordinate and intervene on matters affecting the natural resources within the Ewaso Ng'iro North River basin;
• (m) implement relevant national government strategic programmes and perform other related functions and activities as may be necessary to promote and sustain socio-economic development;
• n undertake programmes and projects on climate change adaptation and1 mitigation to build capacity and resilience through technology transfer and other means;
• 0 provide information and advice to the Cabinet Secretary on formulation of policy, strategies, masterplans,management and sustainable development and utilization of basin based natural resources;and
• p perform any other function which the Cabinet Secretary may, by notice in the Gazette, prescribe.

12. (l) There shall be a Managing Director of the Ewaso Ng'iro North River Basin Development Authority who shall be competitively recruited and appointed by the Cabinet Secretary on the recommendation of the Board of the Authority,and whose terms and conditions of service shall be specified in the instrument of appointment or otherwiseinwritingfrom timeto time.

• (2) A person shall be qualified for appointment under this section where such person-
• (a) is a holder of a degree from a university recognized in Kenyainnatural resources management, finance, business, strategic management or a related field;

Managing Director of the Ewaso Ng'iro Development

North River Basin Authority.

• (b) has at least ten years' experience in a management position in a private or public organization; and
• (c)meets the requirements of Chapter Six of the Constitution.
• (3) The Managing Director of the Authority shall-
• (a) be the secretary to the Board;
• (b) subject to the directions of the Board,be responsible for the day to day management of the affairs of the Authority;and
• (c) be responsible to the Board generally for the
• implementation of this Act.
• (4) The Managing Director shall be appointed for a term of four years,and shall be eligible for re-appointment
• for one further term upon satisfactoryperformance.

Ewaso Ng'iro South River Basin Development Authority

13. (l) There is established a regional development authority to be known as the Ewaso Ng'iro South River Basin Development Authority. 2. (2)The EwasoNg'iro South River Basin 3. Development Authority shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name,be capable of- 4. (a) suing and being sued; 5. (b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; 6. (c) borrowing and lending money; 7. (d) entering into contracts;and 8. (e) doing or performing all such other things or acts necessary for the proper performance of its 9. functions under this Act which may lawfully be done or performed by a body corporate. 14. (1) There shall be a Board of the Ewaso Ng'iro 11. South River Basin Development Authority comprising-

Establishment and incorporation of South River Basin Development

the Ewaso Ng'iro Authority.

Board of the Ewaso Ng'iro South River Basin Development Authority.

• (a) a chairperson appointed by the President from amongst the persons appointed under paragraph
• (e);
• (b) the Principal Secretary of the Ministry for the time being responsible for regional development or an officer of that Ministry designated by the Principal Secretary in writing;
• (c) the Principal Secretary of the Ministry for the time being responsible for finance or an officer of that Ministry designated by the Principal Secretary in
• writing;
• (d) the Principal Secretary of the Ministry for the time being responsible for the environment or an officer of that Ministry designated by the Principal
• Secretary in writing;
• (e) eight other members appointed by the Cabinet Secretary,all of whom shall be appointed from the area affected by the operations of the Authority; and
• (f) the Managing Director of the Board who shall be an ex-officio member.
• (2) In appointing the members under subsection (1) (e) the President and the Cabinet Secretary shall observe the principle of gender equity and regional balance.
• (3) A person shall be qualified for appointment under
• subsection (l)(e) if the person-
• (a) has at least ten years' experience in public affairs, resource mobilization, governance or a related
• field;and
• (b) meets the requirements of Chapter Six of the
• Constitution.
• (4) The chairperson and members of the Board appointed under subsection (1)(e) shall hold office for a period of three years from the date of appointment, and shall be eligible for re-appointmentfor one further term.
• 15.TheEwasoNg'iro South RiverBasin
• Development Authority shall-

Functions of the EwasoNg'iro South River Basin Development Authority.

• (a) advise the Cabinet Secretary on all matters
• pertaining to the conservation, management, control,standards,sustainable development and utilization of basin based natural resources in the Ewaso Ng'iro South River basin;
• (b) co-ordinate, plan and implement policies and programmes related to integrated development and sustainable utilization of natural resources in
• the Ewaso Ng'iro South River basin;
• C initiate,undertake and co-ordinate studies on conservation and sustainable utilization ofnatural resources within the Ewaso Ng'iro South River basin;
• (P) maintain a database of natural resources and formulate anddisseminatea longrange development plan for the Ewaso Ng'iro South
• River basin;
• initiate,plan,develop and manage multipurpose dams and implement inter and intra-basin water transfer schemes for sustainable integrated development;
• monitor and evaluate basin-based integrated development programmes and projects;
• advise the government and other institutions on sustainable integrated development,basin-based resource management and investment opportunities;
• h) organizeconsultativeforums withrelevant agencies andstakeholders onintegrated development and sustainable utilization ofnatural resources in the Ewaso Ng'iro South River basin;
• 1 projectsfor promotion and resolution of basin-based resource use conflicts in collaboration with other relevant
• undertake programmes and authorities and stakeholders;
• mobilize resources and undertake investments for sustainable utilization of basin-based resources and for self-sustainability;

• (k) co-ordinate the design and implementation of the country'sregional and international commitments pertaining to conservationand sustainable utilization ofnatural resources within the Ewaso Ng'iro South River basin;
• approve, co-ordinate and intervene on matters affecting the natural resources within the Ewaso Ng'iro South River basin;
• (m) implement relevant national government strategic programmes and perform other related functions and activities as may be necessary to promote and sustain socio-economic development;
• n) undertake programmes and projects on climate change adaptation and mitigation to build capacity and resilience through technology transfer and other means;
• 0 provide information and advice to the Cabinet Secretary on formulation of policy, strategies, master plans,management and sustainable development and utilization of basin based natural resources;and
• (P perform any other function which the Cabinet Secretary may, by notice in the Gazette, prescribe.

16. (l) There shall be a Managing Director of the Ewaso Ng'iro South River Basin Development Authority who shall be competitively recruited and appointed by the Cabinet Secretary on the recommendation of the Board of the Authority,and whose terms and conditions of service shall be specified in the instrument of appointment or otherwiseinwritingfrom time to time.

• (2) A person shall be qualified for appointment under
• this section where such person-
• (a) is a holder of a degree from a university recognized inKenyain natural resources management, finance, business, strategic management or a related field;
• (b) has at least ten years'experience in a management position in a private or public organization; and

Director of the EwasoNg'iro South River Basin Development

Managing Authority.

• (c) meets the requirements of Chapter Six of the
• Constitution.
• (3) The Managing Director of the Authority shall-
• (a) be the secretary to the Board;
• (b) subject to the directions of the Board, be responsible for the day to day management of the affairs of the Authority;and
• (c) be responsible to the Board generally for the implementation of this Act;
• (4) The Managing Director shall be appointed for a term of four years, and shall be eligible for reappointment for one further term upon satisfactory performance.

KerioValley Development Authority

• 17.(1) There is established a regional development
• authority to be known as the Kerio Valley Development Authority.
• (2) The Kerio Valley Development Authority shall be
• seal and shall,in its corporate name,be capable of-
• a body corporate with perpetual succession and a common
• (a) suing and being sued;
• (b) taking, purchasing or otherwise acquiring, holding,
• charging and disposing of movable and immovable property;
• (c) borrowing and lending money;
• (d) entering into contracts; and
• (e) doing or performing all such other things or acts
• necessary for the proper performance of its functions under this Act which may lawfully be done orperformed by a body corporate.

18. (1) There shall be a Board of the Kerio Valley

• Development Authority comprising--
• (a) a chairperson appointed by the President from amongst the persons appointed under paragraph (e);
• (b) the Principal Secretary of the Ministry for the time
• being responsible for regional development or an

Establishment and incorporation of the Kerio Valley Development Authority.

Board of the Kerio Valley Development Authority.

• officer of that Ministry designated by the Principal Secretary in writing;
• (c) the Principal Secretary of the Ministry for the time being responsible for finance or an officer of that Ministry designated by the Principal Secretary in writing;
• (d) the Principal Secretary of the Ministry for the time being responsible for the environment or an officer of that Ministry designated by the Principal
• Secretary in writing;
• (e) eight other members appointed by the Cabinet Secretary,all ofwhom shall be appointed from the area affected by the operations of the Authority; and
• (f) the Managing Director of the Board who shall be an ex-officio member.
• (2) In appointing the members under subsection (1)(e) the President and the Cabinet Secretary shall observe the principle of gender equity and regional balance.
• (3) A person shall be qualified for appointment under subsection(1)(e) if the person-
• (a) has at least ten years' experience in public affairs, resource mobilization, governance or a related field; and
• (b) meets the requirements of Chapter Six of the
• Constitution.
• (4) The chairperson and members of the Board appointed under subsection (1)(e) shall hold office for a period of three years from the date of appointment, and shall be eligible for re-appointment for one further term.

19. The Kerio Valley Development Authority shall-

• (a) advise the Cabinet Secretary on all matters pertaining to the conservation, management, control, standards, sustainable development and utilization of basin based natural resources in the Kerio valley;

Functions of the Kerio Valley Development Authority.

• (b) co-ordinate, plan and implement policies and programmes related to integrated development
• and sustainable utilization of natural resources in the Kerio valley;
• (C) initiate,undertake and co-ordinate studies on conservation and sustainable utilization ofnatural resources within the Kerio valley;
• (d) maintain a database of natural resources and formulate and disseminate along range development plan for the Kerio valley;
• e initiate,plan,develop and manage multipurpose dams and implement inter and intra-basin water transfer schemes forsustainable integrated
• development;
• (f monitor and evaluate basin-based integrated
• development programmes and projects;
• advise the government and other institutions on sustainable integrated development, basin-based resource management and investment opportunities;
• (h) organize consultativeforums with relevant agencies andstakeholdersonintegrated development and sustainable utilization ofnatural resources in the Kerio valley;
• undertake programmes and projectsfor promotion and resolution of basin-based resource use conflicts in collaboration with other relevant
• authorities and stakeholders;
• mobilize resources and undertake investments for sustainable utilization of basin-based resources
• and for self-sustainability;
• k co-ordinate the design and implementation of the country'sregional and international commitments pertaining to conservation and sustainable utilization of natural resources within the Kerio valley;
• approve, co-ordinate and intervene on matters affecting the natural resources within the Kerio
• valley;

• (m) implement relevant national government strategic programmes and perform other related functions and activities as maybe necessary to promote and sustain socio-economic development;
• n undertake programmes and projects on climate change adaptationand mitigation to build capacity and resilience through technology
• transfer and other means;
• provide information and advice to the Cabinet
• Secretary on formulation of policy, strategies, master plans,management and sustainable development and utilization of basin based natural resources;and
• perform any other function which the Cabinet
• Secretary may, by notice in the Gazette, prescribe.

20. (l) There shall be a Managing Director of the Kerio Valley Development Authority who shall be competitively recruited and appointed by the Cabinet Secretary on the recommendation of the Board of the Authority,and whose terms and conditions of service shall be specified in the instrument of appointment or otherwise in writingfrom time to time.

• (2) A person shall be qualified for appointment under this section where such person-
• (a) is a holder of a degree from a university recognizedin Kenyainnatural resources management, finance, business, strategic management or a related field;
• (b) has at least ten yearsexperience in a management position in a private or public organization;and
• (c)meets the requirements of Chapter Six of the
• Constitution.
• (3) The Managing Director of the Authority shall-
• (a) be the secretary to the Board;
• (b) subject tothe directions of the Board, be responsible for the day to day management of the affairs of the Authority;and

Managing Director of the Kerio Valley Development Authority.

• (c) be responsible to the Board generally for the implementation of this Act.
• (4) The Managing Director shall be appointed for a term of fouryears,and shall be eligible for re-appointment for one further term upon satisfactory performance.

LakeBasin DevelopmentAuthority

• 21.(1) There is established a regional development authority to be known as the Lake Basin Development Authority.
• (2) The Lake Basin Development 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) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;
• (c) borrowing and lending money;
• (d) entering into contracts; and
• (e) doing or performing all such other things or acts necessary for the proper performance of its
• functionsunder this Act which may lawfully be done orperformed by a body corporate.
• 22.(l) There shall be a Board of the Lake Basin Development Authority comprising-
• (a) a chairperson appointed by the President from amongst the persons appointed under paragraph (e);
• (b) the Principal Secretary of the Ministry for the time being responsible for regional development or an officer of that Ministry designated by the Principal
• Secretary in writing;
• (c) the Principal Secretary of the Ministry for the time being responsible for finance or an officer of that Ministry designated by the Principal Secretary in writing;
• (d) the Principal Secretary of the Ministry for the time being responsible for the environment or an officer

Establishment and incorporation of the Lake Basin Development Authority.

Board of the Lake Basin Development Authority.

• of that Ministry designated by the Principal
• Secretary in writing;
• (e) eight other members appointed by the Cabinet Secretary,all of whom shall be appointed from the area affected by the operations of the Authority;
• and
• (f) theManaging Director of the Board who shall be an ex-officio member.
• (2) In appointing the members under subsection (1)(e) the President and the Cabinet Secretary shall observe the principle of gender equity and regional balance.
• (3) A person shall be qualified for appointment under
• subsection(l)(e) if the person-
• (a) has at least ten years' experience in public affairs, resource mobilization,governance or a related
• field; and
• (b) meets the requirements of Chapter Six of the Constitution.
• (4) The chairperson and members of the Board appointed under subsection (1)(e) shall hold office for a period of three years from the date of appointment, and shall be eligible for re-appointment for one further term.
• 23.The Lake Basin Development Authority shall-
• (a) advise the Cabinet Secretary on all matters
• pertaining to the conservation,management, control,standards,sustainable development and utilization of basin based natural resources in the Lake basin;
• (b) co-ordinate, plan and implement policies and programmes related to integrated development and sustainable utilization ofnatural resources in
• the Lake basin;
• (C) initiate, undertake and co-ordinate studies on conservation and sustainable utilization ofnatural
• resources within the Lake basin;

Functions of the

Lake Basin Development Authority.

• maintain a database of natural resources and disseminatealongrange
• (d) formulateand developmentplan for the Lake basin;
• initiate,plan,develop and manage multipurpose dams and implement inter and intra-basin water transfer schemes for sustainableintegrated development;
• monitor and evaluate basin-based integrated development programmes and projects;
• advise the government and other institutions on sustainable integrated development,basin-based resource management and investment opportunities;
• (h) organizec consultative forums with relevant agencies and stakeholders on integrated development and sustainable utilization ofnatural resources in the Lake basin;
• undertake programmes andprojectsfor promotion and resolution of basin-based resource use conflicts in collaboration with other relevant
• authorities and stakeholders;
• mobilize resources and undertake investments for sustainable utilization of basin-based resources
• and for self-sustainability;
• (k) co-ordinate the design and implementation of the country'sregional and international commitments pertaining toconservation and sustainable utilization of natural resources within the Lake basin;
• D approve, co-ordinate and intervene on matters affecting the natural resources within the Lake
• basin;
• (m) implement relevant national government strategic programmes and perform other related functions and activities as may be necessary to promote and sustain socio-economic development;
• n undertake programmes and projects on climate change adaptation andmitigationtobuild

• capacity and resilience through technology transfer and other means;
• provide information and advice to the Cabinet Secretary on formulation of policy, strategies, master plans,management and sustainable development and utilization of basin based natural resources;
• monitor the operations and provide technical reports on the operations of any agreement or other arrangements between Kenya and other states relating to the use of the waters of Lake Victoria or of the River Nile;and
• b perform any other function which the Cabinet Secretary may, by notice in the Gazette, prescribe.
• 24.(1) There shall be a Managing Director of the Lake Basin Development Authority who shall be competitively recruited and appointed by the Cabinet Secretary on the recommendation of the Board of the Authority, and whose terms conditions of service shall be specified in the instrument of appointment or otherwise in writing from
• timeto time.
• (2) A person shall be qualified for appointment under this section where such person-
• (a) is a holder of a degree from a university recognizedin Kenyainnatural resources management, finance, business, strategic management or a related field;
• (b) has at least ten years'experience in a management
• position in a private or public organization; and
• (c) meets the requirements of Chapter Six of the
• Constitution.
• (3) The Managing Director of the Authority shall-
• (a) be the secretary to the Board;
• (b) subject to the directions of the Board, be responsible for the day to day management of the affairs of the Authority;and
• (c) be responsible to the Board generally for the implementation of this Act.

Managing Director of the Lake Basin Development Authority.

• (4) The Managing Director shall be appointed for a

2. term of four years, and shall be eligible for re-appointment for onefurther term upon satisfactoryperformance.

Tana and Athi RiversDevelopmentAuthority

• 25.(1) There is established a regional development
• authority to be known as the Tana and Athi Rivers Development Authority.
• (2) The Tana and Athi Rivers Development 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) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;
• (c) borrowing and lending money;
• (d) entering into contracts;and
• (e) doing or performing all such other things or acts necessary for the proper performance of its
• functions under this Act which may lawfully be done or performed by a body corporate.

26. (1) There shall be a Board of the Tana and Athi Rivers Development Authority comprising-

• (a) a chairperson appointed by the President from amongst the persons appointed under paragraph
• (e);
• (b) the Principal Secretary of the Ministry for the time being responsible for regional development or an officer of that Ministry designated by the Principal
• Secretary in writing;
• (c) the Principal Secretary of the Ministry for the time being responsible for finance or an officer of that Ministry designated by the Principal Secretary in
• writing;
• (d) the Principal Secretary of the Ministry for the time beingresponsiblefor the environmentor an officer

Establishment and incorporation of the Tana and Athi Rivers Development Authority.

Board of the Tana and Athi Rivers Development Authority.

• of that Ministry designated by the Principal Secretary in writing;
• (e) eight other members appointed by the Cabinet Secretary,all of whom shall be appointed from the area affected by the operations of the Authority;
• and
• ft the Managing Director of the Board who shall be an ex-officio member.
• (2) In appointing the members under subsection (1)(e) the President and the Cabinet Secretary shall observe the principle of gender equity and regional balance.
• subsection (l)(e) if the person-
• (a) has at least ten yearsexperience in public affairs, resource mobilization, governance or a related field;and
• (b) meets the requirements of Chapter Six of the Constitution.
• (4) The chairperson and members of the Board appointed under subsection (l)(e) shall hold office for a period of three years from the date of appointment, and shall be eligible for re-appointment for one further term.
• 27.The Tana and Athi Rivers Development Authority
• shall-
• (a) advise the Cabinet Secretary on all matters pertaining to the conservation, management, control,standards,sustainable development and utilization of basin based natural resources in the Tana and Athi rivers area;
• b coordinate, plan and implement policies and programmes related to integrated development and sustainable utilization ofnatural resources in
• the Tana and Athi rivers area;
• (C) initiate,undertake and co-ordinate studies on conservation and sustainable utilization ofnatural resources within the Tana and Athi rivers area;
• (d)
• maintain a database of natural resources and formulate and disseminate a long range

Functions of the Rivers

Tana and Athi Development Authority.

• development plan for the Tana and Athi rivers area;
• e initiate,plan,develop and manage multipurpose dams and implement inter and intra-basin water transfer schemes for sustainableintegrated development;
• monitor and evaluate basin-based integrated developmentprogrammes and projects;
• advise the government and other institutions on sustainable integrated development,basin-based resource management and investment opportunities;
• (h) organize consultative forums withrelevant agencies and stakeholdersonintegrated development and sustainableutilization ofnatural resources in the Tana and Athi rivers area;
• i) undertake programmes and projects for use conflicts in collaboration with other relevant
• promotion and resolution ofbasin-based resource authorities and stakeholders;
• mobilize resources and undertake investments for sustainable utilization of basin-based resources and for self-sustainability;
• (k) co-ordinate the design and implementation of the country's regional and international commitments pertaining to conservation and sustainable utilization of natural resources within the Tana and Athi rivers area;
• D approve, co-ordinate and intervene on matters affecting the natural resources within the Tana and Athi rivers area;
• (m) implementrelevant national government strategic programmes and perform other related functions and activities asmay benecessary topromote and sustain socio-economic development;
• undertake programmes.and projects on climate change adaptation and mitigationto build capacity and resilience through technology transfer and other means;

• (o) provide information and advice to the Cabinet Secretary on formulation of policy, strategies, master plans,management and sustainable development and utilization of basin based natural resources;and
• perform any other function which the Cabinet Secretary may, by notice in the Gazette,
• p prescribe.
• 28.(1) There shall be a Managing Director of the Tana and Athi Rivers Development Authority who shall be competitively recruited and appointed by the Cabinet Secretary on the recommendation of the Board of the Authority,and whose terms and conditions of service shall be specified in the instrument of appointment or otherwise inwritingfrom time to time.
• (2) A person shall be qualified for appointment under
• this section where such person
• (a) is a holder of a degree from a university resources strategic
• recognizedin Kenya innatural management, finance, business, management or a related field;
• (b) has at least ten years' experience in a management
• position in a private or public organization; and
• (c) meets the requirements of Chapter Six of the Constitution.
• (3) The Managing Director of'the Authority shall-
• (a) be the secretary to the Board;
• (b) subject to the directions of the Board,be responsible for the day to day management of the affairs of the Authority;and
• (c) be responsible to the Board generally for the implementation of this Act.
• (4) The Managing Director shall be appointed for a term of four years,and shall be eligible for re-appointment for one further term upon satisfactory performance.

Managing Director of the Tana and Athi Rivers Development Authority.

PARTIII-ADMINISTRATION OFREGIONAL

DEVELOPMENTAUTHORITIES

• 29.(1) The conduct and regulation of the business and
• affairs of the of the Boards of each regional development authority shall be asprovidedin theSchedule.
• (2) Except as provided in the Schedule, the Board of a regional development authority may regulate its own procedure.

30. The office of a member appointed under sections 6 (1) (e), 10 (1) (e), 14 (1) (e), 18 (1) (e), 22 (1) (e) and 26 (1) (e) shall become vacant if the member-

• (a) resigns office by notice in writing addressed to the Cabinet Secretary;
• (b) is absent from three consecutive meetings of the
• Board without the permission of the chairperson;
• (c) is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine;
• (d) is convicted of an offence that violates Chapter Six of the Constitution;
• (e) is unable, by reason of mental or physical
• infirmity,to discharge his or her functions; or
• (f) dies.

31. There shall be paid to members of the Board of each regional development authority such remuneration, fees or allowances as the Cabinet Secretary,in consultation with the Salaries and Remuneration Commission, may determine. 32. The Board of a regional development authority may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of its functions under this Act, upon such terms and conditions of service as theBoard may determine on the advice of the

• Salaries and Remuneration Commission.

33. The Board of a regional development authority case, delegate to any of its committees or to any member,

business and affairs of regional

Conduct of development authorities.

Vacation of

office.

Remuneration of

Board members.

Staff.

Delegation by a regional development authority.

officer, employee or agent 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 or under any other

written law.

PARTIV-FINANCIALPROVISIONS

34. The funds of each regional development authority shall consist of-— 2. National Assembly for the purposes of each regional development authority; 3. (b) such monies as may accrue to each regional development authority in the performance of its functions under this Act; and 4. B s n s ( donated or lent to the respectiveregional development authority. 35. The financial year of each regional development authority shall be the period of twelve months ending on the thirtieth of June each year. 36. (1) At least three months before the commencement of a financial year, the Board of a regional development authority established under this Act shall cause to be prepared the estimates of revenue and expenditure of the regional development authority for that 7. year.

• (2) The annual estimates shall make provision for all estimated expenditure of the regional development authority for the financial year, and, in particular, shall make provision for-

9. (a) the payment of salaries, allowances, pension gratuities, and other charges in respect of the staff of the regional development authority; 10. (b) proper maintenance of the buildings and grounds of the regional development authority; and 11. (c) the maintenance, repair and replacement of the utilities, equipment and other property of the regional development authority.

Fundsfor regional development

authorities.

Financial year.

Annual estimates.

• (3) The annual estimates shall be approved by the

2. Board of the regional development authority before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and thereafter the regional development authority shall not increase or decrease the annual estimates except with the authority of the Cabinet Secretary. 3. 37.1) The Board of each regional development 4. records of account of the income,expenditure and assets of the Authority.

• (2) Within a period of three months from the end of each financial year,each regional development authority shall submit to the Auditor General the accounts of the regional development authority together with-

6. (a)a statement of the income andexpenditure of the regional development authority during that year; and 7. (b)a statement of the assets and liabilities of the 8. regional development authority on the last day of that year.

• (3) The accounts of each regional development authority shall be audited and reported upon in accordance with thePublicAudit Act,2015.

PARTV-PROVISIONS ONDELEGATEDPOWERS

• 38.(1) The Cabinet Secretary may,make regulations
• generally for the better carrying into effect of any provisions of this Act.
• (2) Without prejudice to the foregoing, regulations
• made under this section may provide for-
• (a) any matter which is required or permitted by this
• Act to be prescribed by regulations;
• (b) the management and sustainable development and
• utilization of basin based natural resources;
• (c) forms under this Act;
• (d) matters of procedure in relation to any application
• under thisAct;and

Accountsand

Audit.

No.34of2015.

Regulations.

• (e) any other matter which is necessary or expedient to prescribe in order to achieve or promote the objects of this Act.
• (3) For the purposes of Article 94 (6) of the Constitution-
• (a) the purpose and objective of delegation under this section is to enable the Cabinet Secretary to make regulations to provide for the better carrying into effect of the provisions of this Act and to enable the Board to discharge its functions more
• effectively;
• (b) the authority of the Cabinet Secretary to make regulations under this Act will be limited to bringing into effect the provisions of this Act and to fulfil the objectives specified under this section;

Cap.2 (d)No.23of 2013.

• (c) the principles and standards applicable to the regulations made under this section are those set out in the Interpretation and General Provisions Act and the Statutory Instruments Act,2013.

PARTVI-MISCELLANEOUS

• 39.(1) No matter or thing done by a member of the Board or any officer, employee or agent of a regional development authority shall, if the matter or thing is done in good faith for executing the functions,powers or duties of the regional development authority under this Act, render the officer, employee or agent or any person acting under their direction liable to any action, claim or demand
• whatsoever.
• (2) The provisions of subsection (1) shall not relieve a regional development authority of the liability to pay compensation or damages to any person for any injury to him or her, his or her property or any of his or her interests caused by the exercise of the powers conferred on the regional development authority by this. Act or by any any works.

40. (1) The common seal of a regional development Director or of such other person as the Board of the

Protection from

liability.

Common seal.

• regional development authority may direct, and shall not be

used except upon the order of the Board.

• (2) The common seal of a regional development authority shall be authenticated by the signature of the chairperson and the Managing Director of the regional development authority.
• (3) The common seal of a regional development authority,when affixed to any document duly authenticated under this section,shall bejudicially and officially noticed, unless the contrary is proved, the necessary order or authorization of the Board of the regional development authority required under this section shall be deemed to have been duly given.

41. All documents other than those required by law to be under seal made on behalf of the Board of a regional development authority shall be signified by the hand of the chairperson of the Board, the Managing Director, or any othermember of theBoard specificallyauthorized by the Board on that behalf. 42. (l) Where a regional development authority requires land for the discharge of its functions, the regional development authority may- 5. (a) if the land is not public land, acquire the land through negotiation and agreement with the registered owner; or 6. (b) if the land is public land, or if the regional development authorityis unable to acquire through negotiation and agreement in accordance with paragraph (a), notify the Cabinet Secretary authority requires the land specified in the notice 7. responsible for lands that the regional development for its purposes.

• (2) A regional development authority may at any time convey, transfer or surrender any land surplus to its existing and future requirements by a conveyance or a deed of surrender either for,or without consideration.
• (3) Despite subsection (2) where the land that is surplus to the existing and future requirements ofa regional development authority was originally public land or trust

Signification of documents.

Acquisition of landforthe purposesofa regional development authority.

land,the regional development authority shall surrender the land to the Government.

PARTVII-SAVINGS,TRANSITIONAND REPEAL

43. (l) All property, assets, rights, liabilities, obligations, agreements, contracts and other arrangements existing at the commencement of this Act and vested in, acquired, incurred or entered into by or on behalf of a former Authority and existing immediately before the commencement of this Act, shall,upon the commencement of this Act, be deemed to have vested in or to have been acquired, incurred or entered into by or on behalf of the respective regional development authority to the same extent as they were enforceable by or against the former Authority before the commencement of the Act.

• (2) Where the transfer of any property transferred to or vested ina regional development authority under a m i ( registered, the regional development authority shall, within three months from the commencement of this Act or within such other period as the written law may prescribe, apply to the appropriate registering authority for the registration of the transfer and thereupon the registering authority shall, at no cost to the regional development authority or any person by way of registration fees, stamp or other duties-

3. (a) make such entries in the appropriate register as shall give effect to the transfer; 4. (b) where appropriate,i issuetotheregional development authority a certificate of title or other statutory evidence of ownership of the property or make such amendments on such certificates or in the appropriate register as may be necessary; and 5. (c) make any necessary endorsements on such deeds or other documents as may be presented to such registering authority relating to the title,right or obligation concerned.

• (3) The staff of each former Authority shall be the staff of therespective regional development authority.
• (4) Any disciplinary proceedings that are pending before a former Authority shall be continued by the respective regional development authority.

Saving and

transitional.

• (5) Any pension scheme, superannuation, provident fund,medical fund orany other scheme existing in a former Authority immediately before the commencement of this Act shall continue to exist as if the pension scheme, superannuation, provident fund, medical fund or any other scheme has been established pursuant to this Act.
• (6) A person who, immediately before the commencement of this Act,held office as a Board member of a former Authority shall continue to hold office as a memberof the Board of .the respective regional development authority for their unexpired term.
• (7) A Chairperson or member of the Board of a former

4. Authority appointed prior to the commencement of this Act shall serve the remainder of their unexpired term of office. 44. (l) The Kerio Valley Development Authority Act is repealed.

• (2) The Lake Basin Development Authority Act is

7. repealed.

• (3) The Tana and Athi Rivers Development Authority Act is repealed.

9. Basin 10. (4)The Ewaso Ng'iroSouth River Development Authority Act is repealed.

• 5) TheEwasoNg'iroNorth River Development Authority Act is repealed.

12. Basin

• (6) The Coast Development Authority Act is repealed.

Repeal of Cap. 441,Cap.442, Cap.443, Cap.447,Cap. 448,and Cap. 449.

SCHEDULE

[s.29 (1)]

PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD OF A REGIONAL DEVELOPMENTAUTHORITY

• 1.The Board shall, at its first meeting, elect a Vice Chairperson who shall be of the opposite gender from that of the Chairperson.

Vice chairperson.

2. (1) The Board shall meet at least four times in each Meetings. 2. year.

• (2) The Chairperson may at any time convene a special meeting of the Board and shall do so within fifteen days of a written requisition for the meeting signed by at least three members.
• (3) The Chairperson shall preside at all meetings of the Board,which he or she is present and in the case of his or her absence,the Vice Chairperson shall preside.
• (4) At a meeting of the Board at which neither the Chairperson or Vice chairperson is present, the members of the Council present shall elect one of their number to preside, and the person so elected shall have all the powers of the chairperson with respect to that meeting and the business transacted.

3. The quorum for the conduct of the business of the Quorum. Board shall be six members. 7. 4.The decisions of the Board shall be by a majority of votes, and the Chairperson of the meeting shall have an 8. original and a casting vote. 9. 5.The validity of any proceedings of the Board shall not be affected by any vacancy among the membership, or 10. by any defect in the appointment of a member. 6. Minutes of the proceedings at meetings of the Board shall be kept in such a manner as the Board directs. 12. 7.(1) If a member of the Board is directly or indirectly interested in any contract,proposed contract or other matter before the Board and is present at a meeting of the Board at which the contract,proposed contract or other matter is the subject of consideration,he shall, at the meeting and as soon as reasonably practicable after the commencement

Voting procedure.

Validity of proceedings.

Minutes.

Disclosure of

interest.

thereof, disclose the fact 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 this paragraph shall be recorded in the minutes of the meeting at which it is made.
• (3) A member who does not disclose his or her interest

3. in a contract or other matter or who benefits from nondisclosure under sub-paragraph (1) commits an offence an shall be liable on conviction to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding one year or both.

MEMORANDUM OF OBJECTS AND REASONS

Statement of objects and reasons for the Bill

The principal object of this Bill is to consolidate the laws relating to regional development and to provide for the establishment, powers and functions of the six (6) existing regional development bodies. The Bill standardizes the functions of regional development authorities subject to the unique areas of operation of each regional development authority. It further standardizes the membership of the Boards of each regional development authority to eleven (11) members in line with best practices in corporate governance.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

This Bill delegates legislative power to the Cabinet Secretary responsible for regional development authorities to make regulations for the carrying into effect of its provisions. The Bill does not limit any fundamental rights or freedoms.

Statement that the Bill concerns county governments

The Bill affects the functions of the county governments as set out in the Fourth Schedule of the Constitution

Statement as to whether the Bill is a money Bill within the meaning of Article 114 of the Constitution

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

Dated the 23rd February, 2023.

LOKACHAPONGPETER,

Chairperson,Departmental Committee on Regional Development.