The Kenya National Council for Population and Development Bill, (National Assembly Bill No. 72 of 2023)

REPUBLICOFKENYA

PARLIAMENT

NATIONALASSEMBLYBILLS (Bill No.72 of2023)

THE KENYA NATIONAL COUNCIL FOR POPULATION AND DEVELOPMENT BILL,2023

(A Bill published in the Kenya Gazette Supplement No. 227 of 2023 and passed by.the.National Assembly, with amendments, on June 19th, 2025)

N.A./B/No.72/2023

THEKENYANATIONALCOUNCILFOR

Clauses

POPULATIONAND DEVELOPMENT BILL,2023 ARRANGEMENTOFCLAUSES

PARTI—PRELIMINARY

• 1—Short title.
• 2-- Interpretation.
• 3—Guiding principles.
• 4-Establishment of the Council.

PARTII-ESTABLISHMENT, COMPOSITION AND ADMINISTRATIONOFTHECOUNCIL

• 5—- Headquarters of the Council.
• 7—Functions of the Council.
• 6—Objectives of the Council.
• 8—Board of the Council.
• 10—Powers of the Board.
• 9—Functions of the Board.
• 1 1-- Qualification for appointment.
• 13—Tenure of office.
• 12--- Vacancy in the Board.
• 14-Committees.
• 15—Remuneration.
• 16—Meetings of the Board.
• 18-Director-General.
• 17—Delegation by the Board.
• 19—Qualifications for appointment of Director-General.
• 21—Removal of Director-General.
• 20-— Tenure of office of Director-General.
• 22- Corporation Secretary.
• 23—Staff of the Council. PART III-FINANCIALPROVISIONS

• 24-Funds of the Council.
• 25—Financial year.
• 26—Annual estimates.
• 27—Accounts and audit.
• 28—Investment of funds.
• 29—Annual reports.
• PARTIV -GENERAL PROVISIONS
• 30—Seal of the Council.
• 31—Protection from personal liability.

PARTV-PROVISIONSONDELEGATEDPOWERS

• 32-- Regulations.

PARTVI-TRANSITIONALPROVISIONS

• 33- Interpretation.
• 34— Revocation of L.N. 120/2004.
• 35- Transfer of assets and liabilities.
• 36—- Employees of the Council.
• 37-—- Legal proceedings.
• 38-- Reference to written laws.
• 39—— Directions, orders, etc of former Council. SCHEDULE-Provisions as to the Conduct of Business and Affairs of theBoard.

THEKENYA NATIONALCOUNCILFOR POPULATION AND DEVELOPMENT BILL,2023

A Bill for

• AN ACT of Parliament to provide for the establishment, roles and functions of the Kenya National Council for Population and Development, for the establishment of the Board of the Council and for connectedpurposes

ENACTED by the Parliament of Kenya as follows

PARTI-PRELIMINARY

1. This Act may be cited as the Kenya National Shor title. Council for Population and Development Act, 2023. 2. In this Act, unless the context otherwise requires

"Board" means the Board of the Council constituted under section 8;

"Cabinet Secretary""means the Cabinet Secretary for the time being responsible for matters relating to population and development;

• "Council" means the Kenya National Council for Population and Development established under section 4;
• "Director-General " means the Director-General of the Council appointed under section 18;
• "population" means the total number of persons inhabiting within the border of a country, region, or in a defined geographic area;
• "population issues" means issues that relate to, arise from, or influence reproduction, mortality and migration and other issues that relate to population; and

"population programme" means interventions and projects addressing reproduction, mortality and migration.

Guiding principies.

3. In fulfilling its mandate, the Council shall act in accordance with the relevant values and principles set out in the Constitution and any other written·law.

Interpretation.

PART II-ESTABLISHMENT, COMPOSITIONAND ADMINISTRATIONOF THECOUNCIL

4. (l) There is established the Kenya National Council for Popuiation and Development which shall be a body corporatewithperpetualsuccession and a commonseal.

• (2) The Council shall in its corporate name be capable of—

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

(3) The Council shall be the successor in title to the National Council for Population and Development.

5. (l) The headquarters of the Council shall be in Nairobi.

(2) The Council may establish such other offices in Kenya as it may consider necessary for the discharge of its functions.

6. The objectives of the Council shall be to-- 2. (a) act as the focal point on matters relating to population and development in the country; 3. (b)develop,review,and coordinatetheimplementation of national population policy at regular intervals; 4. (c) co-ordinate the implementation of population and development activities being carried out by various stakeholders in Kenya; and 5. (d) co-ordinate the development and submission of population reports by various stakeholders in Kenya. 7. The Council shall-—

Establishment of the Council.

Headquarters of the Council.

Objectives of the Council.

Iunctions ofthe Council.

• (a) carry out research and analysis on population issues;
• (b) develop, publish and disseminate policies, plans and publications relating to population and development;
• (c) identify and advise nationaland county governments on population issues that may not be adequately or appropriately addressed;
• (d) provide leadership and effective co-ordination and supervision for population programmes;
• (e) establish standards for population programmes in the country;
• (f) monitor and evaluate the impact of population programmes in thecountry and make recommendations arising from such evaluations;
• (g) create public awareness and mobilize support for population and development programmes in the country;
• (h) undertake advocacy activities tosupport population issues including family planning;
• (i) advise the relevant Cabinet Secretary on global commitments, agreements and declarations adopted by the state relevant to population and development;
• (j) collaborate with other state agencies and bodies for the effective discharge of its functions;
• (k)mobilize resources for implementation of population programmes; and
• (1) perform any other function for the better carrying out of the purposes of the Act.

8. (1) The management of the Council shall vest in a Board which shall consist of

• (a) a non-executive chairperson appointed by the President;
• (b) two independent members, with expertise in population studies, demography. or gender, appointed by the Cabinet Secretary in an open and

Boardofthe Council.

• competitive manner provided that not more than one person shall be appointed from one category;
• (c) the Principal Secretary in the Ministry for the time responsible for population and development or his or her representative;
• (d) the Principal Secretary in the Ministry for the time being responsible for finance or his or her representative;
• (e) the Attorney General or his or her representative;
• (f) the Director General of Health;
• (g) the Director General of Basic Education;
• (h) three persons nominated by the joint forum of religious organizations consisting of secretary generals of the Supreme Council of Kenyan Muslims, Kenya Conference of Catholic Bishops, Hindu Council of Kenya, National Christian Churches of Kenya and Evangelical Alliance of Kenya, provided that not more than one shall be appointed by the Cabinet Secretary from one organization;and
• (i) the Director General of the Council.
• (2) The Director General of the Council shall be an exofficio member of the Board with no voting rights.
• (3) Every appointment to the Board under subsection (1)(a)(b) and (h) shall be by name and by notice in the Gazette.
• (4) In appointing a person as chairperson of the Council under subsection 1(a), the President shall take into account gender, the ethnic and regional diversity of the people of Kenya, persons with disabilities and youth.
• (5) In appointing members of the Council under subsection 1(b) and (h),the Cabinet Secretary shall take into account gender,the ethnic and regionaldiversityof the people of Kenya, persons with disabilities and youth.
• (6) In nominating members of the Council under subsection l(h), the joint forum of religious organizations shall take into account gender, the ethnic and regional

diversity of the people of Kenya, persons with disabilities and youth.

9. (1) The functions of the Board shall be to- 2. (a) determine and oversee the overall strategy and policies of the Council; 3. (b) provide strategic direction, leadership and oversight to the Secretariat; 4. (c) approve the organizational structure of the Council; 5. (d) approve the annual budget of the Council; and 6. (e) monitor the Council's performance and ensure sustainability.

(2) The Board may collaborate with such other bodies within or outside Kenya as it may consider desirable or appropriate in furtherance of the purpose for which the Council is established.

10. The Board shall have all the powers necessary for the proper performance of the functions of the Council and in particular, the Board shall have powers to-

• (a) control, supervise and administer the assets of the Council in such manner as best promotes the purposes for which the Council is established;
• (b) enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate in furtherance of the purposes for which the Council is established;
• (c) appoint, train, discipline and remove members of staff of the Council;
• (d) determine the provisions to be made for capital and recunrentexpenditure andfor thereservesof the Council; and
• (e) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom.

11. A person shall be qualified for appointment as the chairperson of the Board under section 8 (a) if that person holds a degree from a university recognised in Kenya.

Functions of the Board.

Powersof the Board.

Qualification for appointment.

12. (l) The office of the chairperson or a member shall become vacant if the holder ——

• (a) dies;
• (b) is absent from three consecutive meetings of the Board without reasonable cause;
• (c) resigns from office by notice in writing addressed to the appointing authority;
• (d) is unable to perform the functions of the office arising out of physical or mental infirmity;
• (e) is negligent or incompetent in the performance of his or her duties;
• (f)is adjudged or otherwise declared bankrupt under any law in force in Kenya;
• (g) violates Chapter Six of the Constitution; or
• (h) is convicted of a criminal offence and sentenced to imprisonment for a term of not less than six months.

(2) If a vacancy arises under subsection (l). the Director-General shall notify the appointing authority of the in the membership of the Board, the appointing authority shall within thirty days appoint another person to hold the office for a term of three years.

13. A member appointed under section 8 (1)(a)(b) and (h) shall serve for a term of three years and shall be eligible for re-appointment for one further term.

14.(1) The Board shall establish an Audit Committee and such other committees as it may deem necessary for the performance of its functions.

(2) The Board may, with the approval of the Cabinet Secretary,co-opt into the membership of committees establishedunder subsection (1)other persons whose knowledgeandskillsarefoundnecessaryforthe performance of thefunctions of theBoard.

(3) The Board may, by resolution either generally or in any particular case, delegate to any committee of the Board or to any member, officer, employee or agent of the Board, Vacancy inthe Board.

Tenure of office.

Committees.

the exercise of any of the powers of the Board or the performance of any of the functions or duties of the Board.

15. The Chairperson, members of the Board and staff of theCouncil shall bepaidsuchremunerationor allowances as the Public Service Commission may, on the advice of the Salaries and Remuneration Commission, determine.

16. (l) The business and affairs of the Board shall be conducted in accordancewith theSchedule.

(2) Except as provided in the Schedule, the Board may regulate its own procedure.

17. The Board may, by resolution either generally or in any particular case, delegate to a committee of the Board, or to any member, officer, employee or agent of the Council. : the exercise of any powers or the performance of any of the functions or duties the Council is authorized to exercise or perform under this Act.

18. (1) There shall be a Director-General of the Council who shall be competitively recruited and appointed by the Board on such terms and conditions as the Board may,with the advice of the Salaries andRemuneration Commission, determine.

(2) The Director-General shall be the chief executive officer of the Council.

• (3) The Director-General shall-

2. (a) be responsible for the day-to-day operations of the organization; 3. (b) provide leadership to senior management and staff; 4. (c) prepare the annual budgets and establish proper internal controls: 5. (d)beresponsible for the eexecution and communication of the Board's strategies, decisions and policies; 6. (e) develop and recommend to the Board the annual business plans for the organization; 7. (f) ensure that the organization has an effective management structure including succession plans;

Remuneration.

Meetings of the Board.

Delegationby the Board.

Director-General.

• (g) ensure that all Board papers are accurately written, arerelevant and are availed to theBoardmembers in good time;
• (h) serve as the link between the Board and the management;
• (i) be responsible for the achievement of the objectives of the organization;
• (j) put in place effective administrative structures, processes and systems;
• (k) provide regular, t thorough and prompt communication to the Board on key technical, financial and administrative matters; and
• (1) be responsible for stakeholder management and the enhancementofthecorporate imageofthe organization.
• 19.(1) A person is qualified for appointment as Director- General, if such person—-
• (a) holds a minimum of a master's degree in population anddevelopment studiesor anyotherfieldrelevant to the mandate of the Council,.from a university recognized in Kenya;
• (b) has at least ten years' experience in the management of a public or private institution; and
• (c) satisfies the requirements of Chapter Six of the Constitution.

20. The Director-General shall be appointed for a term of three years and shall be eligible for reappointment for one further term.

• 21.(1) The Director-General may be removed from office by theBoard if theDirector General-
• (a) is incapacitated by physical or mental illness or is deemed otherwise unfit to discharge his or her duties as a member of the Council;
• (b) is declared bankrupt;
• (c) is guilty of gross misconduct;

Qualifications for appointmentof Director-General.

Tenure of office of Director-General.

Removal of Director- General.

• (d) does not perform his or her duties as provided under this Act;
• (e)is convicted of a criminal offence and sentenced to imprisonment;
• (f) is absent for more than four consecutive Board meetings without prior consent from the chairperson, or is not in Kenya for more than six consecutive months; or
• (g) violates chapter Six of the Constitution.
• (2) Before removal under subsection (1), the DirectorGeneral--
• (a) may be suspended from office by the Board;
• (b) shall be informed in writing of the reasons for the intended removal; and
• (c) shall be given an opportunity to put in a defence against any such allegation.

22.(1) The Board shall competitively recruit a suitably qualified person, in terms of the law governing the practice of public secretaries in Kenya, to serve as: the Corporation Secretary of the Council.

• (2) The Corporation Secretary shall be the Secretary to the Board.
• (3) The Corporation Secretary shall-

3. (a) in consultation with the Chairperson of the Board, issue notices for meetings of the Board; 4. (b) keep in custody, the records of the deliberations, decisions,and resolutions of the Board; 5. (c) transmit decisions and resolutions of theBoard to the chief executive officer for execution, implementation and other relevant action; 6. (d) provide guidance to the Board on their duties and responsibilities on matters relating to governance; and 7. (e) perform such other duties as the Board may direct.

Corporation Secretary.

23.(1) The Board shall employ such staff, officers or agents of the Council as may be necessary for the performance of the functions of the Council under this Act.

(2)The staff of the Council shall be paid such remuneration or allowances as the Board may, in consultation with the Salaries and Remuneration Commission,determine.

PARTIII-FINANCIALPROVISIONS

24. The funds of the Council shall consist of

• (a) monies appropriated by the National Assembly for the purposes of the Council;
• (b) monies or assets as may accrue to, or vest in the Council in the course of the exercise of its powers or the performance of its functions under this Act;
• (c) any gifts, grants and other donations as may be made to the Council; and
• (d) monies from any other lawful source accruing to the Council.

25. The financial year of the Council shall be the period of twelve months endingon the thirtieth dayof Junein each year.

26.(1) The Board shall,at least three months before the commencement of each financialyear,cause tobe prepared estimates of revenue, including projected revenues to be generated from commercial activities, and expenditure of the Council for that financial year.

(2) The annual estimates shall make provision for all theestimatedexpenditureof theCouncil for thefinancial year concerned, and in particular, shall provide for the-

• (a) payment of salaries, allowances and other charges inrespectof theBoardmembersandthestaffof the Council;
• (b) operations of the functions of the Council;
• (c) proper maintenance, repair, and replacement of equipment and other movable and immovable property of the Council;

Staffof the Council.

Funds of the Council.

Financial Year.

Annualestimates.

• (d) payment of pensions, gratuities and other charges in respectofretirementbenefits for the staffof the Council; and
• (e) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment,orinrespectof such othermatters asthe Board may consider appropriate.

(3) The Board shall approve the annual estimates before the commencement of thefinancial year to which they relate and once approved the annual estimates shall be submitted to the Cabinet Secretaryfor approval:

Provided that once approved, the sum provided in the estimates shall not be increased without the prior consent of the Board.

(4) The Council shall not incur expenditure except in accordance with the annual estimates approved under sub section (3) or pursuant to an authorization of the Board given with the prior written approval of the Cabinet Secretary.

27. (1) The Board shall cause to be kept proper books Acounts and of accounts of income, expenditure, assets and liabilities of Audit. the Council.

(2) Within a period of three months from the end of each financial year, the Board shall submit to the AuditorGeneral theaccountsoftheCouncil togetherwith-

• (a) a statement of the financial performance during the year; and
• (b) a statement of the financial position and any other relevant statements of the Council as at the last day of the year.

(3) The accounts of the Council shall be audited and reported upon in accordance with the provisions of the Public Audit Act.

28.(1) The Council may invest any of its funds in securities which theBoard may,from time to time,approve for that purpose in accordance with guidelines made by the National Treasury.

Cap.412B

Investment of 'spung

(2) The Council may deposit, with such bank as the National Treasury may approve from time to time, any monies not immediately required for the purposes of the Council.

29.(l) The Board shall,within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report of the operations of the Council for the immediatelyprecedingyear.

(2) The Cabinet Secretary shall lay the annual report beforetheNationalAssemblywithinthreemonthsof theday the Assembly next sits after the report is presented to him or her.

PARTIV-GENERALPROVISIONS

30.(1) The official seal of the Council shall be in the Seal! of the Council. form determined by the Board and shall be kept by the Director-General.

(2) The official seal shall,when affixed to a document andduly authenticated,bejudicially andofficiallynoticed and unless the contrary is proved, any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

(3)The common seal of the Council shall be authenticated by the signature of the Corporation Secretary.

(4) Any instrument or contract which,if executed or enteredintoby aperson other than abodycorporatewould notrequiretobeundersealmaybeexecutedorentered into on behalf of the Council by the Director-General or any person generally or specifically authorized by theBoard for thatpurpose.

31. No matter or thing done by the Chairperson or any other memberof theBoard or anyofficer,employeeor agent of the Council shall, if the matter or thing is done bona fide for the purpose of executing any provisions of this Act, render the Chairperson, member, officer, employee, agent or any person acting under the direction of those persons personally liable for any action, claim or demand.

PART V-PROVISIONS ONDELEGATED POWERS

Annual reports.

Protection from personal liability.

32. (1) The Cabinet Secretary may, in consultation with the Board, make regulations generally for better carrying into effect the provisions of this Act.

• (2) Without prejudice to the generality of subsection (1), the Cabinet Secretary may make regulations to provide for-

3. (a) the procedure for submission of population reports by stakeholders within Kenya; 4. (b) implementation of national population policy; and 5. (c) anything required to be prescribed under this Act.

• (3) For the purposes of Article 94(6) of the Constitution-

7. (a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary to make regulations for better carrying into effect the provisions of this Act; 8. (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 fulfilment of the objectives specified under this section.

• (4) The principles and standards applicable to the delegated power referred to under this Act are those found in—

10. (a) the Statutory Instruments Act; 11. (b) the Interpretation and General Provisions Act; 12. (c) the general rules of international law as specified under Article 2(5) of the Constitution; and 13. (d) any treaty and convention ratified by Kenya under Article 2(6) of the Constitution.

PARTVI—TRANSITIONALPROVISIONS

33. In this Part—

"appointed day" means the day this Act comes into effect;

Regulations.

Cap. 2A. Cap. 2.

Interpretation.

"former Council" means the National Council for PopulationandDevelopmentestablishedunderorder3of theStateCorporations (National Council forPopulation and Development) Order, 2004; and

"successor Council" means the Kenya National Council forPopulation andDevelopment established under section 4of thisAct.

34.The State Corporations (National Council for Population and Development) Order, 2004 is revoked, Revocation of L.N.I20/2004.

1Transfer ofassets and liabilities.

35.All funds, assets and other property which immediately before the appointed day were vested in the former Council shall, by virtue of this section, vest in the successor Council subject to all interests, liabilities, obligations and trusts affecting the property.

36.(1)All personswhowereemployed by theformer Council before the appointed day shall continue in the employmentofthesuccessorCouncil.

Employees of the Council.

(2) The terms and conditions, including the salary, on which a person referred to in subsection (1) was employed immediately before the appointed day, shall be no less favourable than those that applied to that person's office immediately before the appointed day.

(3) There shall be no break in the employment of an employeeof theformerCouncilimmediatelybeforethe appointed day as a result of commencement of this Act.

(4) Nothing in this Act affects the pension rights of a person who was employed by the former Council before the appointed day.

proceedings.

37. On or after the appointed day, all actions, suits or Lgal legal proceedings pending by or against the former Council shall be carried on or prosecuted by or against the successor Council, and no action, suit or legal proceedings shall in any manner abate or be prejudicially affected by the enactment of this Act.

38.Any reference to the former Council in any written law or in any contract, document or instrument of whatever nature shall, on the appointed day, be read and construed as a reference to the successor Council.

Reference to written laws.

L.N. 120/2004.

39.All directions,orders andauthorizationsgiven by the former Council and subsisting or valid immediately before the appointed day, shall be deemed to have been given, issued or made by the successor Council.

Directions.orders. etcof fonmer Council.

SCHEDULE

(s.16)

AND AFFAIRS OF THE BOARD

1. (1) The Board shall meet at least four times in every financial year and not more than three months shall elapse between the date of one meeting and the date of the next meeting.

(2) A meeting of the Board shall be held on such date and at such tinie as theBoard shall decide or,in the absence of such decision or on any occasion on which the chairperson in consultationwiththeDirector General shall decidethat a meeting is necessary, on a date and at a time determined by the chairperson.

(3) The chairperson shall upon receipt of an application of at least five members, convene a special meeting of the Board.

(4)Unless three-quartersof thetotal membershipof the Board otherwise agree, at least fourteen days'written notice of every meeting of the Board shall be given to every member of theBoard.

(5) The quorum for the conduct of business at a meeting of the Board shall be five including the chairperson or the person presiding.

(6) The chairperson shall preside at every meeting of the Board and in the absence of the chairperson,the members present shall elect one of their members who shall, with respect to that meeting and the business transacted at the meeting, have all the powers of the chairperson.

(7) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of yotesofthememberspresentandinthecaseofanequality of votes, the chairperson or the person presiding shall have a castingvote.

(8) Subject to paragraph (5), no proceedings of the o o s themembersthereof.

Meetings of the Board.

(9) The members may appoint committees from among themselves or otherwise, to carry out such general or special functions as may be specified by the Board.

2. (1) If a member 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,that member 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 questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter:

Provided that, if the majority of the members present are of the opinion that the experience or expertise of such memberis vital to the deliberations of the meeting, theBoard may permit the member to participate in the deliberations subject to such restrictions as it may impose but such member shall not have the right to vote on the matter in question.

(2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

3. Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not require to be under seal, may be entered into or executed on behaif of the Board by any person generally or specifically authorized by the Board for that purpose.

4. The Board shall cause minutes of all resolutions and proceedings of meetings of the Board to be entered in books kept for that purpose.

Disclosureof interestbyBoard menbers.

Execution of instruments.

Minutes.

I certify that this printed impression is a true copy of the Bill passed by the National Assembly on 19th June, 2025.

Endorsed for presentation to the Senate in accordance with the provisions of Standing Order 142 of the National Assembly Standing Orders.

Weta

Speaker of theNfnonal Assembly