THE NATIONAL AIDS CONTROL COUNCIL ORDER, 1999
1. This Order may be cited as the National AIDS Control Council Order, 1999.
2. There is established a State Corporation to be known as the National AIDS Control Council (hereinafter called "the Council") which shall be a body corporate in accordance with section 3 of the Act and which shall perform and exercise the duties, functions and powers specified in the Act and in this Order.
3. Constitution of the Council. [L.N. 156 of 2009]
(1) The Council shall consist of -
(a) a Chairman appointed by the President;
(b) the Director of the Council;
(c) the following persons or their representatives—
(i) the Permanent Secretary, Office of the President;
(ii) the Permanent Secretary, Ministry of State for Special Programmes;
(iii) the Permanent Secretary, Ministry of Finance;
(iv) the Permanent Secretary, Ministry of Medical Services;
(v) the Permanent Secretary, Ministry of Public Health and Sanitation;
(vi) the Chairman, National Council of Non-Governmental Organizations;
(vii) the Executive Director, Women Fighting AIDS in Kenya;
(viii) the National Chairperson, Maendeleo ya Wanawake Organization;
(ix) the Chairperson, Federation of Kenya Employers;
(x) the Chairman, Supreme Council of Kenya Muslims of Kenya;
(xi) the Chairman, National Council of Churches;
(xii) the Chairman, Kenya Episcopal Conference; and
(d) not more than three members appointed by the Minister”.
(2) The Chairman and the members of the Council appointed under sub-paragraph 1 (d) shall hold office for a term of three years but shall be eligible for re-appointment.
4. (1) There shall be a Director of the Council who shall be appointed by the Minister on such terms and conditions as the Council shall determine.
(2) The Director shall be the chief executive and secretary to the Council.
5. (1) There shall be three Deputy Directors of the Council who shall be under the direction of the Director.
(2) The three Deputy Directors shall be appointed by the Council as follows:
(a) The Deputy Director, Policy, Strategy and Communication who shall be responsible for the development of policy, strategy, research and communication;
(b) The Deputy Director Co-rdination and support, who shall be resposible for co-rdination and support of the Councils activities;
(c) The Deputy Director, Finance and Administration who shall be responsible for all administrative and financial matters.
(3) The Council may employ such other officers, staff or agents as it deems necessary for the discharge of its functions and duties under this Order upon such terms and conditions as it may determine.
6. The Council shall, under the general direction the Minster for the time being responsible for matters relating to HIV and AIDS - [L.N. 156 of 2009]
(a) develop policies and guidelines relevant to the prevention and control of Acquired Immune Deficiency Syndrome (hereinafter referred to as AIDS);
(b) mobilize resources for AIDS control and prevention and provide grants to implementing agencies;
(c) co-ordinate and supervise implementation of AIDS programmes in the country;
(d) collaborate with local and international agencies which work in AIDS control;
(e) facilitate the setting up of sectoral programmes on AIDS;
(f) mobilize Government Ministries and institutions, Non-Governmental organizations, community based organizations, research bodies, the private sector and universities to participate in AIDS control and prevention;
(g) develop strategies to deal with all aspects of the AIDS epidemic;
(h) develop national management information systems for AIDS control;
(i) identify sector specific training needs and device appropriate manpower development strategies.
(j) develop appropriate mechanisms for the monitoring and evaluation of AIDS and sexually transmitted diseases (STDS) programmes; and
(k) take a leadership role in advocacy and public relations for the AIDS Council programme.
7. The Council shall -
(a) administer its assets and funds in such manner and for such purposes as shall promote the best interest of the Council in accordance with the Act;
(b) have power to receive gifts, donations, grants or other moneys and equipment and to make legitimate disbursements therefrom;
(c) have power to enter into association with such other persons, bodies or organizations within or outside Kenya as the Council may consider desirable or appropriate and in furtherance of the purposes for which the Council is established.
8. (1) The Council shall establish a National AIDS Control Fund (hereafter called "the Fund") into which all moneys received by the council shall be paid and out of which all payments made by the Council shall be made.
(2) The Council shall -
(a) supervise and control the administrations of the Fund;
(b) open a banking account or banking accounts for the Fund;
(c) invest any surplus funds in the manner approved by the Council;
(d) if it deems fit, impose conditions as to the use to be made of any expenditure authorized by it or on its behalf, and such conditions may impose any reasonable prohibition, restrictions, suspension or requirements concerning such use or expenditure.
9. No matter or thing done by the chairman or any other member of the Council or any officer, employee or agent of the Council shall, if the matter or thing is done bona fide for the purpose of executing any provision of this Order, render the chairman, member, officer, employee or agent or any person acting under the directions of those persons personally liable to any action, claim or demand.
10. The provisions of this Order, shall not relieve the Council of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Order or by the failure, whether wholly or partially, of any action.
11. The Council may, by resolution, either generally or in any particular case, delegate to a committee of the council or to any members, officer, employee or agent of the Council the exercise of any of the powers of the performance of any of the functions or duties the Council is authorized by this Order to exercise or perform.
12. In addition to any gifts, grants, donations, fees or other moneys which the Council may receive, there shall be paid to the Council by way of grants in every financial year, out of money appropriated by Parliament for the purpose of carrying out the functions of the Council, such sum as the Minister may determine as being necessary to enable the Council to carry out its functions, having regard to estimate for the year approved under section 11 of the Act.