Kenya Prisons Services Enterprise Corporation Order

Citation.

Interpretation.

1.This Order may be cited as the Kenya Prisons Enterprise Corporation Order, 2018.

2.In this Order, unless the context otherwise requires—

L.N 314 of 1988 L.N 87 of 1993

Cap. 90

Cap. 90

Establishment of the Corporation.

“Board” means the Kenya Prisons Enterprise Corporation Board established under paragraph 6(1);

“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to Correctional Services;

“Chief Executive Officer means the Chief Executive Officer of the Kenya Prisons Enterprise Corporation appointed under paragraph 15(1);

“Corporation” means Kenya Prisons Enterprise Corporation established under paragraph 3(1);

“former staff” means any person who, at the commencement of this Order, was employed pursuant to the Exchequer and Audit (Prisons Industries Fund) Regulations and the Exchequer and Audit (Prison Farms Fund) Regulations;

“prison” has the meaning assigned to it under Prisons Act; and

“prisoner” has the meaning assigned to it under Prisons Act.

3.(1) There is established a State Corporation to be known as the Kenya Prisons Enterprise Corporation which shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—

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Object of the Corporation.

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The Kenya Prisons Enterprise Corporation Order, 2018

(a)suing and being sued;

(b)taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;

(c)borrowing or lending money;

(d)entering into contracts; and

(e)doing or performing such other things or acts necessary for the proper performance of the Corporation, and which may be lawfully done or be performed by a body corporate.

4.The Corporation shall have the following objectives —

(a)manage commercial assets and resources of Kenya Prisons Service as shall be determined by the Cabinet Secretary;

(b)develop and maintain meaningful work programs to fully utilize available prison labour;

(c)to facilitate the Kenya Prisons Service in discharging its core mandate as provided for in the Prisons Act and Borstal Institutions Act;

(d)to procure necessary machines, raw materials, tools, plants, equipment and buildings for promotion of its objects and offer for sale finished products and services;

(e)engage with any public or private organizations to further its objects;

(f)ensure that the corporation remains financially self- sustaining; and

(g)to undertake any other activity relating to the objectives of the corporation.

Headquarters of the Corporation.

5.The Headquarters of the Corporation shall be in Nairobi but the Corporation may establish branches in every county to ensure reasonable access to its services.

Board of the Corporation.

6.(1) There shall be a Board of the Corporation consisting of the following members —

(a)a non-executive Chairperson appointed by the President;

(b)the Principal Secretary in the Ministry for the time being responsible for correctional services or his or her representative;

Functions of the Board.

The Kenya Prisons Enterprise Corporation Order, 2018

(a)is a member of a governing body of a political party or an employee of a political party;

(b)is an un-discharged bankrupt;

(c)has been convicted of a criminal offence and sentenced to a term of imprisonment of not less than six months; or

(d)has been removed from office for contravening the provisions of the Constitution or any other written law.

(5)Members of the Board shall be appointed by the Cabinet Secretary and by notice in the Kenya Gazette.

(6)The Board shall, at its first meeting elect the vice-chairperson of the Board from among its members.

(7)The chairperson and the vice-chairperson of the Board shall be of the opposite gender.

7.The functions of the Board shall be to —

(a)advice the Cabinet Secretary, on all relevant matters pertaining to the development, co-ordination and promotion of prison enterprises in the country as a commercial undertaking;

(b)advice the Cabinet Secretary on the applicable earning scheme for prisoners engaged by the Corporation;

(c)in consultation with Kenya Prisons Service and relevant government institutions, develop vocational training programmes for prisoners to be engaged with the Corporation;

(d)establish departments within the Corporation and allocate responsibilities to such departments;

(e)appoint, train, discipline and remove members of staff of the Corporation;

(f)ensure the Corporation strategies are aligned with the mandate of Kenya Prisons Service, its long-term goals of self- sustainability and legitimate interests of stakeholders;

(g)monitor performance and ensure effective and efficient utilization of Corporation’s resources;

(h)administer and manage funds of the Corporation;

(i)align Strategic plan, policies and practices with Government directives, policies and goals;

(j)carry out any other activity as, in the Board’s opinion, will promote and facilitate the development of the industries’ products and services;

(k)produce, trade and invest in accordance with the objects of the Board; and

(l)approve Budget and Annual Plans.

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Tenure of office.

Committees.

The Kenya Prisons Enterprise Corporation Order, 2018

(b)invite nomination of a replacement by the nominating bodies within fourteen days from the date of the Gazette Notice referred to in sub-paragraph (a); and

(c)appoint a new member to fill the vacancy within seven days from the date of receipt of the nominations under sub- paragraph (b).

(3)Where a vacancy occurs in the membership of the Board under paragraph 6(4), the Cabinet Secretary shall appoint a new member in accordance with the provisions of this Order.

(4)An appointment to fill a vacancy shall be for the remainder of the term of the member being replaced and the new member shall be eligible for reappointment.

(5)The validity of any proceedings of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of any member or by the fact that a person who was not entitled to do so took part in the proceedings of the Board.

10.(1) The chairperson of the Board appointed under paragraph 5(1) (a) shall be appointed for a single term of six years and shall not be eligible for re-appointment.

(2)A member of the Board, other than a member under paragraph 5(1) (b), (c), (d), and (e) shall be appointed for a single term of five years and shall not be eligible for re-appointment.

(3)The chairperson and members of the Board shall serve on a part- time basis.

11.(1) The Board may from time to time establish committees for the better carrying out of its functions.

(2)The Board may, with the approval of the Cabinet Secretary, co- opt into the membership of committees established undersub-paragraph

(1)other persons whose knowledge and skills are found necessary for the functions of the Board.

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

(4)The Board may engage the service of experts and consultants in respect of any of the functions of the Corporation.

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Remuneration.

Meetings of the Board.

Delegation by the Board.

Chief Executive Officer.

(5)An expert or consultant engaged under section 9(4) may be paid such fees and allowances as the Board may determine.

12.The chairperson, members of the Board and staff of the Corporation shall be paid such remuneration or allowances as the Public Service Commission may, on the advice of the Salaries and Remuneration Commission, determine.

13. (1) The business and affairs of the Board shall be conducted in accordance with the Schedule to this Order.

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

(3)The Board may co-opt any person to attend its meetings but that person shall not vote at such meeting.

14.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 Corporation the exercise of any powers or the performance of any of the functions or duties the Corporation is authorized by this Order to exercise or perform.

15.(1) There shall be a Chief Executive Officer of the Corporation who shall be competitively recruited and appointed by the Board.

(2)The Chief Executive Officer shall be the Secretary to the Board and shall be responsible for the day-to-day operations and administration of the Corporation.

(3)A person is qualified for appointment as Chief Executive Officer, if such person —

(a)is a citizen of Kenya;

(b)holds a minimum of a bachelor’s degree from a university recognized in Kenya and a minimum of seven years relevant experience in senior management; and

(c)satisfies the requirements of Chapter Six of the Constitution.

(4)The Chief Executive Officer shall —

(a)be responsible for —

(i)implementing the decisions of the Board;