MANAGEMENT AND ADMINISTRATION OF THE OF THE JUDICIARY FUND

BILL,2016

ARRANGEMENT OF CLAUSES

Clauses

PART I- PRELIMINARY

1234-

Short title
Interpretation
Application
Objects of the Act
PART II ADMINISTRATION OF THE FUND

5- Administration of expenses
6- Administration of the Fund
PART III REGULATIONS OF THE FUND
PART IV FINANCIAL PROVISION

PART VII GENERAL PROVISIONS

12-Regulations
13-Approval by the National Assembly

A Bill for
For an Act of Parliament for the Management and Administration
of the Judiciary Fund pursuant to Article 173 of the Constitution
of Kenya 2010
ENACTED by the Parliament of Kenya, as follows

PART I- PRELIMINARY

Short Title

1.
This Act may be cited as Management and Administration of
Judiciary Fund

Interpretation

Application

2. In this Act the word

administer means the funds used in the administrative
purpose of the Judiciary;
chief registrar means the Chief registrar of the Judiciary
appointed under Article 161 (2) (c) of the Constitution ;
charge means the expenditure applied to the consolidated
fund ;
consolidated fund means the consolidated fund established
by the Constitution;
fund; means the judiciary fund established by Article 173 of
the Constitution of Kenya;
Judiciary; consists of Article 161 (!) of the Constitution; and
regulations means the act and process of being regulated or
regulating.
3. This Act applies to
(a) the Judiciary
(b) the Staff of the Judiciary;

Objects of the Act

4. The objects of this Act are to

(a) ensure compliance of the Constitutional requirement of
the management and administration of the Judiciary fund;
(b) manage administer such funds that are necessary for the
discharge of functions of the judiciary

(c) ensure that there is accountability for funds allocated to the

Judiciary ;
(d) ensure that funds are paid directly to the judiciary fund;
and
(e) facilitate the implementation and regulation of the fund.

Functions of the
registrar

PART II- FUNCTIONS OF THE CHIEF REGISTRAR

5. The Chief registrar shall
(a) open and maintain bank accounts and other books and
records in relation to the Fund;
(b) shall forward financial reports to the Chief justice;
(c) with in a period stipulated as the financial year, the Chief
Registrar shall submit to the Auditor General the accounts
of the Fund; and
(d) the Chief Registrar shall for the purpose of the fund
delegate to a judicial officer or judicial staff, the powers of

Administration of the
fund

Accountability in relation to the Fund.

PART III ADMINISTRATION OF THE FUND
6. Administration of the fund
(a) the Chief Registrar shall be responsible for the effective,
efficient and economic use of the fund within the
Judiciary;
(b) discharge its duty in accordance to the constitution any
written law; and
(c) exercise prudence and accountability in administering the

Appointment and
functions of a fund
manager

fund.
7. The chief Registrar shall appoint a fund manager who shall in
addition to other duties prescribed shall(a) implement the Judiciary Fund as approved by the National
Assembly;
(b) manage the scheme and assets in accordance with the

Judiciary Fund Act

(c) maintain books of account on all investments transactions
relating to the Fund
(d) provide regular information on surplus and performance
indicators; and
(e) perform any other functions prescribed by the Chief
registrar
8. (1) The Fund shall be administered by an administrator
appointed by the Chief Registrar with Section14 of the
Judiciary Fund Act
(2) the functions of the administrator shall be(a) open accounting and book keeping records;
(b) to ensure that there is proper administering of the fund;
(c) to ensure that accounting records are up to date; and
(d) to consolidate transactions for the preparation of
financial statements.

Operation of the fund

9. (1) The fund shall be utilized(a) To discharge the operational duties of the Judiciary;
(b) To satisfy any administrative expenses incurred; and
(c) all receipts and monies and accruals incurred to the Fund
and any balances of the Fund shall be retained in the
financial year in accordance with the Constitution;
PART IV FINANCIAL PROVISIONS

Authority to incur
expenditure

10. Expenses may be incurred as and when they occur when(a) the authority to incur expenditure shall be accompanied by
guidelines on its usage to;
(i) judicial financial expenditure, which includes payment
of operational expenses and any other administration

functions;
(b) to provide for additional reserve emergencies that may
occur;
(c) for the acquisition of proper maintenance of buildings,
grounds and other assets of the Judiciary; and
(d) for any other purpose provided in the constitution and any
other written law.
Reserve account

11. (1) the office of the Chief Registrar shall maintain a reserve
account of the Judiciary Fund into which the following shall be
deposited(a) any special contributions paid into the Fund by a sponsor
or the Government for the purpose of the execution of
judiciary functions;
(b) any income or surplus generated as a result of the sell and
gain of Judiciary Assets
(2) No money shall be drawn out of the reserve account except as
directed by the Chief Registrar in consultation with the Chief Justice.
(3) Any monies determined to be income of the reserve account shall
be treated as income forming part of the general income of the

Annual estimates

Judiciary Fund.
12. (1) Before the commencement of each financial year, the Chief
Registrar shall cause to prepare etimates of the revenue and
expenditure of the Judiciary Fund for that year.
(2) The annual estimates shall make provsions for all the
estimated expenditure of the scheme for the financial year concerned
and, in particular shall provide(a) payment of the salaries, allowances and other charges in
respect of the employee of the Judiciary;
(b) expenditure on the maintenance of grounds; and
(c) reserve funds to meet future or contingent liabilities in
relation to Judiciary activities such as recruitment and

placement of new staff.

13.The financial year of the Judiciary fund shall be the period of
twelve months ending on thirtieth June in each year.
14. (1) The Chief Registrar shall cause to be kept proper books and
records of account of income, expenditure assets and liabilities.
(2). Within a period of three months after the end of each financial
year Chief Registrar shall submit to the Auditor-General(a) a statement of the income and expenditure of the Judiciary
Fund; and
(b) a statement of the assets and liabilities of the Judiciary
Fund for the financial year.
PART VII GENERAL PROVISIONS
Regulations

14. Regulations the Chief Registrar may in consultation with the

Chief Justice(a) make regulations for the proper management of the Fund;
and
(b) for the purposes prescribed under Article 173 of the
Constitution, provide estimates for approval by the
National

Assembly

for

proper

execution

of

its

administrative functions and processes.

13.

The Chief Registrar shall-

Duty of care

(a) ensure that the Fund is at all times managed in

accordance with this Act, Article 226 and 229 of the
Constitution and law relating to public audit; and
(b) take reasonable care to ensure that the management of
the Judiciary Fund and the assets are managed and
administered in the best interest of the judicial
functions.
(2) the administrator, fund manager shall-

(a) report to the Chief registrar as soon as reasonably

practicable, any unusual occurrence with respect to
the Judiciary Fund which in their view would go
against Article 173 of the Constitution; and
(b) report to the Chief registrar as soon as is reasonably
if a judicial officer or staff has misappropriated or
has the intention to misappropriate the Fund.
14.