Act No: CAP. 412
Act Title: EXCHEQUER AND AUDIT
SUBSIDIARY LEGISLATION
Arrangement of Sections
THE EXCHEQUER AND AUDIT (RURAL ENTERPRISE FUND) REGULATIONS, 1992
[L.N. 109/1992.]
THE EXCHEQUER AND AUDIT (AGRICULTURAL INFORMATION CENTRES REVOLVING FUND) REGULATIONS, 1993
[L.N. 163/1993, L.N. 21/2000, Corr. No. 13/2000.]
1.

These Regulations may be cited as the Exchequer and Audit (Agricultural Information Centres Revolving Fund) Regulations, 1993, and shall come into operation on the 1st July, 1993.

4.

(1) The initial capital of the Fund shall be K£500,000 appropriated by Parliament in the 1993/94 financial year.

(2)

The surplus realized in a financial year from the operations of the Fund shall be retained in a reserve account of the Fund and any deficiency realized in a financial year shall be subject to the prior concurrence of the Treasury, be offset against the realized surplus held in a reserve account of the Fund.

5.

The expenditure on preparation and delivery of training and media materials shall be on the basis of and limited to the annual budget which shall be delivered to the Treasury for approval before the beginning of the financial year to which the budget relates, and any revision of the approved annual budget shall be referred to the Treasury for necessary approval.

6.

The Government procurement and disposal procedure shall be strictly adhered to.

7.

All receipts, earnings and accruals of the Fund and the balance of the Fund at the close of each financial year shall be retained by the Fund for the purpose for which the Fund is established.

THE EXCHEQUER AND AUDIT (ROAD MAINTENANCE LEVY FUND) REGULATIONS, 1994

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Object and purpose of the Fund.

4.

Initial capital of the Fund.

5.

Annual budget to be approved by the treasury.

6.

Procurement procedure.

7.

Transit tolls and levy to be paid into the Fund.

8.

Receipts, savings, etc., retained for purpose of the Fund.

9.

Administration of the fund.

THE EXCHEQUER AND AUDIT (VETERINARY SERVICES DEVELOPMENT FUND) REGULATIONS, 1996

ARRANGEMENT OF REGULATIONS

1.

Citation and commencement.

2.

Interpretation.

3.

Establishment of fund.

4.

Object and purpose of the Fund.

5.

Initial capital of the Fund.

6.

Annual budget to be approved by Treasury.

7.

Government procedures.

8.

Retention of receipts, earnings, etc.

9.

Administration of the Fund.

THE EXCHEQUER AND AUDIT (SPECIAL EMERGENCY FUND) REGULATIONS, 1998

ARRANGEMENT OF REGULATIONS

1.

Citation and commencement.

2.

Interpretation.

3.

Establishment of the Fund.

4.

Object and purpose of the Fund.

5.

Initial capital of the Fund.

6.

Establishment and composition of Committee.

7.

Project Management Secretariat.

8.

Annual approval of Budget.

9.

Procurement of goods and services.

10.

Administration of the Fund.

11.

Amendments to rules and regulations.

THE EXCHEQUER AND AUDIT (MEMBERS OF THE NATIONAL ASSEMBLY CAR LOAN SCHEME FUND) REGULATIONS, 1999

ARRANGEMENT OF REGULATIONS

1.

Citation and commencement.

2.

Interpretation.

3.

Establishment of the Members of Parliament Car Loan Scheme Fund.

4.

Object and purpose of the Fund.

5.

Initial capital.

6.

Loan approval Committee.

7.

Operation of the Fund.

8.

Conditions for disbursement of Funds.

9.

Temporary release of log-book.

10.

Loan amount.

10A.

Loan amount for employees.

11.

Interest rate.

12.

Repayment period.

13.

Insurance.

14.

Loan discharge.

15.

Administration of the Fund.

16.

Adoption of loans of the National Bank of Kenya Limited.

THE EXCHEQUER AND AUDIT (MEMBERS OF THE NATIONAL ASSEMBLY CAR LOAN SCHEME FUND) REGULATIONS, 1999
[L.N. 149/1999, G.N. 139/2003.]
1.
Citation and commencement

These Regulations may be cited as the Exchequer and Audit (Members of the National Assembly Car Loan Scheme Fund) Regulations, 1999 and shall be deemed to have come into operation on the 1st September, 1999.

3.
Establishment of the Members of Parliament Car Loan Scheme Fund

There is established a Fund to be known as the Members of the National Assembly Car Loan Scheme Fund.

4.
Object and purpose of the Fund

The object and purpose of the Fund shall be to provide a loan scheme for purchase of vehicles by Members.

7.
Operation of the Fund
(1)

Any Member who wishes to apply for a loan from the Fund shall present to the officer administering the Fund a duly completed hire purchase proposal form in such form as the Management Committee may prescribe.

(2)

The officer administering the Fund shall satisfy himself of the applicant’s financial status and capacity to repay the loan applied for and where so satisfied shall forward the application to the Committee for consideration.

(3)

If the Committee approves the application, the Member shall enter into a hire purchase agreement in such form as the Committee may prescribe.

9.
Temporary release of log-book
(1)

A log-book kept in custody by the officer administering the Fund may be temporarily released to a Member upon application in writing to the officer administering the Fund for purposes of renewal by that Member of the necessary licences.

(2)

A log-book released under paragraph (1) shall be returned to the officer administering the Fund within seven (7) working days from the date of such release.

(3)

The officer administering the Fund shall acknowledge receipt of the log-book in writing.

11.
Interest rate
(1)

A loan granted to a Member under these Regulations shall carry an initial interest rate of three per cent per annum, which shall be subject to review from time to time by the Treasury.

(2)

The interest charged under paragraph (1) shall be utilized to defray the administrative expenses of the Fund.

13.
Insurance
(1)

A Member shall comprehensively insure any vehicle purchased through the Fund.

(2)

Where a Member is unable to raise the funds required for the initial insurance premium, such funds may be advanced from the Fund subject to an approval limit, but subsequent annual premiums shall be paid to the Member.

(3)

A Member who is unable to pay the subsequent annual premiums referred to in paragraph (2) may apply to the Fund for a loan which shall be repaid within a period of one (1) year.

(4)

Every loan granted under these Regulations shall be insured for the benefit of the Member and the premium in respect thereof shall be debited to the Member’s account.

14.
Loan discharge
(1)

Upon full repayment of the loan, a signed loan discharge certificate in such form as may be prescribed by the Committee shall be issued to the Member and a copy thereof shall be forwarded to the Registrar of Motor Vehicles.

(2)

The loan discharge certificate shall release the Member from any further financial obligation in respect of the loan and shall act as sufficient authority to remove the caveat placed on the vehicle pursuant to regulation 8.

16.
Adoption of loans of the National Bank of Kenya Limited
(1)

All car loan accounts for Members with the National Bank of Kenya Limited at the time of the coming into operation of these Regulations shall on a date to be appointed by the Committee be adopted by the Fund on the terms and conditions provided for under these Regulations.

(2)

Where any act or thing has been commenced by or under the authority of the National Bank of Kenya Limited prior to the date appointed under paragraph (1) and such act or thing is within the powers of the Committee or the officer administering the Fund, or was done in relation to any account adopted by the Fund under this Regulation, such act or thing may be carried on and completed by or under the authority of the Fund.

THE EXCHEQUER AND AUDIT (TOURISM TRUST FUND) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

1.

Citation.

2.

Interpretation.

3.

Establishment of the Fund.

4.

Object and purpose of the Fund.

5.

Initial capital of the Fund.

6.

Annual approval of the Fund.

7.

Procurement of goods and services.

8.

Retention of receipts, earnings, etc.

9.

Administration of the Fund.

10.

Amendments to rules and regulations.

THE EXCHEQUER AND AUDIT (PUBLIC PROCUREMENT) REGULATIONS, 2001

ARRANGEMENT OF REGULATIONS

PART I – GENERAL PROVISIONS

1.

Citation.

2.

Interpretation.

3.

Application.

4.

Purpose of regulations.

5.

International obligations.

PART II – ORGANISATION OF PUBLIC PROCUREMENT

6.

Procuring entities.

7.

Public Procurement Directorate.

8.

Consultative meetings.

PART III – BASIC PROCUREMENT RULES

9.

Public accessibility of legal texts.

10.

Records of procurement.

11.

Non-discrimination.

12.

Form of communications.

13.

Qualification of candidates.

14.

Technical specifications.

15.

Rejection of all tenders, proposals and quotations.

16.

Inducements from candidates.

PART IV – CHOICE OF PROCUREMENT PROCEDURE

17.

Procurement procedure.

18.

Conditions for use of restricted tendering.

19.

Conditions for use of direct procurement.

20.

Conditions for use of request of proposals.

21.

Conditions for use of request for quotations.

PART V – OPEN NATIONAL TENDERING

22.

Advertisements.

23.

Invitation to tender.

24.

Tender documents.

25.

Provision of tender documents.

26.

Modifications of tender documents.

27.

Tender security.

28.

Submission and receipt of tenders.

29.

Opening of tenders.

30.

Examination and evaluation of tenders.

31.

Process to be confidential.

32.

Tenderers not to be required to modify their tenders.

33.

Notification of award and signing of contract.

33A.

Amendment to contract.

PART VI – OTHER PROCUREMENT METHODS

34.

Restricted tendering procedure.

35.

Direct procurement procedure.

36.

Request for proposals procedure.

37.

Request for quotation procedure.

PART VII – OPEN INTERNATIONAL PROCEDURES

38.

Open international tendering.

39.

Other international procedures.

PART VIII – ADMINISTRATIVE REVIEW

40.

General.

41.

Public Procurement Complaints Review and Appeals Board.

42.

Review by the Appeals Board.

PART IX – DISPOSAL OF STORES AND EQUIPMENT

43.

Authority to dispose.

44.

Disposal procedures.

45.

Instructions for disposal.

PART X – ENFORCEMENT

46.

Offences and penalties.

PART XI – TRANSITIONAL

47.

Supersession.

SCHEDULES

FIRST SCHEDULE —

COMPOSITION AND ROLE OF TENDER COMMITTEES

SECOND SCHEDULE—

THRESHOLDS

THIRD SCHEDULE—

STANDARD PROCUREMENT DOCUMENTS

FOURTH SCHEDULE—

PUBLIC PROCUREMENTS COMPLAINTS, REVIEW AND APPEALS BOARD