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PART I – PRELIMINARY
| 1. |
Short title
This Act may be cited as the Statistics Act.
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| 2. |
Interpretation
In this Act, unless the context otherwise requires—
"agency" includes individuals, institutions or groups of persons;
"authorised officer" means a person appointed as such under section 10;
"Board" means the Board of Directors of the Bureau established under section 5;
"Bureau" means the Kenya National Bureau of Statistics established under section 3;
"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to statistics;
"census" means a statistical operation in which all units of the population of interest are enumerated;
"Chairman" means the Chairman of the Board of Directors;
"co-ordination" includes technical advice to ensure that standards and methods are met and adherence to the code of practice in statistical production and dissemination;
"Director-General" means the Director-General appointed under section 8;
"Minister" deleted by Act No. 16 of 2019, s. 2;
"national statistical system" includes producers, suppliers and users of official statistics working under the supervision and co-ordination of the Bureau including ministries, departments and agencies;
"official statistics" means statistics produced by the Bureau and any other statistics designated as official by the Director-General;
"Population and Housing Census" means a Population and Housing Census conducted by the Bureau under section 17;
"professional independence" means independence of production and dissemination of statistics from interference or influence by any individual, interest group or political authority; and
"sampling frame" includes a representative list of items that form a population from which a sample is drawn for the purpose of conducting a survey and includes individuals, households or institutions and may be a national sample survey and evaluation programme, the business register or any other frame of the Bureau;
"statistical information" means official information collected by the Bureau, for purposes of this Act, on the matters set out in the First Schedule;
"statistics" means any quantity collected as summary of data.
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PART II – ESTABLISHMENT, OBJECTIVES AND FUNCTIONS OF THE KENYA NATIONAL BUREAU OF STATISTICS
| 3. |
Establishment of the Bureau
| (1) |
There is established a Bureau to be known as the Kenya National Bureau of Statistics.
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| (2) |
The Bureau shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—
| (b) |
taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property;
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| (c) |
borrowing or lending money; and
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| (d) |
doing or performing all other things or acts for the furtherance of the provisions of this Act which may be lawfully done or performed by a body corporate.
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| 3A. |
Request for legal advice
The Bureau may request for legal advice or representation from the Office of the Attorney-General.
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| 3B. |
Professional independence
The Bureau shall have professional independence and shall observe the fundamental principles relating to statistics as set out in the Fourth Schedule.
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| 3C. |
Headquarters of the Bureau
The Bureau shall have its headquarters in Nairobi but may establish any other offices in the country for the discharge of its functions.
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| 4. |
Objectives and functions of the Bureau
| (1) |
The Bureau shall be the principal agency of the Government for collecting, analysing and disseminating statistical data in Kenya and shall be the custodian of official statistical information.
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| (2) |
Without prejudice to the generality of subsection (1), the Bureau shall be responsible for—
| (a) |
planning, authorising, co-ordinating and supervising all official statistical programmes undertaken within the national statistical system;
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| (b) |
establishing standards and ensuring the use of best practices and methods in the production and dissemination of statistical information across the national statistical system;
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| (c) |
collecting, compiling, analyzing, abstracting and disseminating statistical information on the matters specified in the First Schedule;
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| (d) |
conducting the Population and Housing Census every ten years, and such other censuses and surveys as the Board may determine;
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| (e) |
maintaining a comprehensive and reliable national socio-economic database.
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| (f) |
developing and maintaining sampling frames of the Bureau;
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| (g) |
collaborating with and assisting the county governments or any other institutions in the production of official statistics;
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| (h) |
providing technical advice on statistics to other state entities;
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| (i) |
promoting co-ordination among producers, users and suppliers of official statistics by forming appropriate sector committees; and
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| (j) |
designating statistics produced by national statistical system as official statistics on being satisfied that the necessary criteria have been followed.
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| 5. |
Establishment and composition of the Board
| (1) |
The management of the Bureau shall vest in a Board of Directors which shall consist of—
| (a) |
a Chairman appointed by the President;
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| (b) |
the Principal Secretary in the Ministry for the time being responsible for Statistics;
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| (c) |
the Principal Secretary in the Ministry responsible for finance; and
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| (d) |
five other members appointed by the Cabinet Secretary to represent the bodies for the time being recognized by the Government as representing—
| (ii) |
the non-Governmental organizations; |
| (iii) |
research institutions; |
| (iv) |
the public universities; and |
| (v) |
the National Council for Population and Development. |
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| (2) |
Every appointment to the Board under section 6(1) shall be by name and by notice in the Gazette and shall be for a renewable period of three years.
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| (3) |
A person shall be qualified to be appointed under subsection (1)(d) if such person meets the requirements of Chapter Six of the Constitution and has a university degree in—
in addition to knowledge and experience in the matters to which the functions of the Board relate.
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| 6. |
Functions of the Board
| (1) |
The functions of the Board shall be to—
| (a) |
formulate and monitor the implementation of policies pertaining to the Bureau;
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| (b) |
determine from time to time, the structure and staffing levels of the Bureau;
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| (c) |
recruit suitable staff for the Bureau upon such terms and conditions as it may determine;
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| (d) |
promote professionalism by facilitating professional training and ensuring discipline among the staff;
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| (e) |
approve the Bureau’s corporate plan, annual work programmes and annual budgets; and
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| (f) |
submit to the Cabinet Secretary a quarterly report on the activities of the Bureau.
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| (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 Bureau is established.
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| 7. |
Conduct of business and affairs of the Board
The provisions of the Second Schedule shall apply with respect to conduct of the business and affairs of the Board.
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| 8. |
Director-General
| (1) |
There shall be a Director-General of the Bureau who shall, subject to this section, be appointed by the Board, on such terms and conditions of service as the Board may determine.
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| (2) |
A person shall not be qualified for appointment as the Director-General unless such person—
| (a) |
meets the requirements of Chapter Six of the Constitution;
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| (b) |
has a masters degree in statistics, economics, demography or mathematics from a recognised university; and
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| (c) |
has at least ten years' experience in the management of a public or private institution.
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| (3) |
The Director-General shall be the chief executive officer of the Bureau and the secretary to the Board and the committees.
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| (4) |
In the exercise of his functions under this Act, the Director-General shall, subject to the direction of the Board—
| (a) |
be responsible for the day-to-day management of the Bureau;
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| (b) |
manage the funds and property of the Bureau;
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| (c) |
be responsible for the management of the staff of the Bureau;
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| (d) |
cause to be prepared for the approval of the Board—
| (i) |
the annual work programmes of the Bureau; and |
| (ii) |
the annual budget, and audited accounts of the Bureau. |
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| 8A. |
Corporation Secretary
| (1) |
There shall be a Corporation Secretary of the Bureau who shall, subject to this section, be appointed by the Board, on such terms and conditions of service as the Board may determine.
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| (2) |
A person shall not be appointed as Corporation Secretary unless such person—
| (a) |
holds a degree in law from a recognized university;
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| (b) |
is an advocate of the High Court of not less than eight years' standing;
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| (c) |
is a registered Certified Public Secretary in good standing with the Institute of Certified Public Secretaries of Kenya; and
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| (d) |
meets the requirements of Chapter Six of the Constitution.
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| (3) |
The Corporation Secretary shall, subject to the direction of the Board, be responsible for—
| (a) |
co-ordinating the preparation of Board papers and circulating to members of the Board;
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| (b) |
taking minutes in meetings of the Board and communicating the resolutions of the Board;
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| (c) |
ensuring safe custody of the minutes, decisions and documents of the Board;
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| (d) |
ensuring the safe custody of the seal of the Bureau;
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| (e) |
drafting legal documents on behalf of the Bureau;
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| (f) |
attending court proceedings on behalf of the Bureau;
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| (g) |
advising the Board on any legal matters; and
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| (h) |
any other matter that the Board may direct.
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| 9. |
Staff of the Bureau
The Board may appoint such officers and staff as may be necessary for the proper and efficient discharge of the functions of the Bureau, on such terms and conditions of service as it may determine.
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| 10. |
Authorized officers
The Director-General may, in writing, appoint any person as an authorized officer for the purposes of the carrying out of the provisions of this Act.
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| 11. |
Oath of secrecy
Every person employed by the Board under the provisions of this Act shall take the oath of secrecy prescribed in the Third Schedule, before a Magistrate, Commissioner for Oaths, or the Director-General, before commencing the duties relating to the provisions of this Act.
Provided that the provision of this section as to secrecy shall only apply to exempt information provided for in section 6 of the Freedom of Information Act, 2012.
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| 12. |
Funds of the Bureau
The funds of the Bureau shall consist of—
| (a) |
such sums as the Cabinet Secretary may, with the consent of the Treasury, make available for the purposes of this Act out of monies provided by Parliament;
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| (b) |
any sums which may be donated or granted or lent to the Bureau:
Provided that the Board shall not accept any donations to which are attached conditions of which it does not approve;
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| (c) |
any sums which may become payable to the Bureau in respect of the sale of publications, provision of approved services or from any matter incidental to the carrying out of its functions under this Act.
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| 13. |
Annual estimates
The Board shall, not less than four months before the commencement of any financial year, prepare and submit to the Cabinet Secretary for approval in concurrence with the National Treasury, estimates of the Bureau’s revenue and expenditure for that financial year, and once such approval has been given no expenditure shall be made for which provision has not been made in such estimates.
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| 14. |
Annual Report
| (1) |
The Board shall, within four months after the end of each financial year, make a report to the Cabinet Secretary on the activities of the Bureau for that year, consisting of—
| (a) |
a report on the operations of the Bureau; and
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| (b) |
such other information as the Board may deem necessary to include.
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| (2) |
The Board shall bring the contents of the report prepared in accordance with subsection (1) to the attention of the national statistical system in such manner as it may deem appropriate.
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| (3) |
The Cabinet Secretary shall, upon receipt of the annual report under this section, place it before the National Assembly within a period of fourteen days of the day the National Assembly next meets after such receipt.
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| 15. |
Accounts and Audit
| (1) |
The Board shall keep or cause to be kept proper books of account of the Bureau.
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| (2) |
The accounts of the Bureau shall be audited and reported upon in accordance with the Public Audit Act (Cap. 412B).
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PART III – STATISTICAL INFORMATION
| 16. |
Collection of information
The Bureau shall collect any statistical information estimates or returns concerning any matter set out in the First Schedule to this Act.
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| 17. |
Power to Order Census
The Cabinet Secretary may, on the advice of the Board, by order published in the Gazette direct that a Population and Housing Census be taken for Kenya or for any part thereof or in respect of any class of inhabitants thereof, and any such directions may specify—
| (a) |
the date or dates on or between which the census is to be taken;
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| (b) |
the persons by whom the returns for the purpose of the census are to be made; and
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| (c) |
the information to be obtained in the census.
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| 18. |
Other censuses or surveys
| (1) |
Any agency other than the Bureau, wishing to conduct a census or survey at national, or local level shall seek the approval of the Board.
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| (2) |
The agency referred to in subsection (1) shall submit its plans to the Board three months before the intended survey, and the Board may approve or decline to approve such plans.
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| (3) |
An agency which obtains approval under subsection (2) shall upon completion of the survey, submit copies of its report to the Board.
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| 19. |
Supply of Information
| (1) |
Where any census is being taken or any statistical information is being collected under this Act, an authorised officer may, in the manner specified in this section, require any person to supply him with such particulars as may be prescribed or such particulars as may be required in relation to the taking of the census or the collection of the information.
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| (2) |
A person required to provide information under subsection (1) shall, to the best of his knowledge, information and belief, complete such forms, make such returns, answer such questions and give such information in such manner and within such time as may be specified by the authorized officer.
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| (3) |
An authorized officer may require any person or establishment to supply him with particulars either by interviewing the person or by leaving at or posting to his last known address or by sending through electronic means a form having thereon a notice requiring the form to be completed and returned in such manner and within such time as shall be specified in the notice.
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| (4) |
Where any particulars are, by any document issued by an authorized person, required to be supplied by any person, it shall be presumed until the contrary is proved that the particulars may lawfully be required from that person in accordance with this Act.
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| 20. |
Power to access information
| (1) |
This provision limits the right to privacy as provided for under article 31.
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| (2) |
Any person or household having custody of, or being in charge of, any record or document from which information sought in furtherance of the purposes of this Act can, in the opinion of the Director-General, be obtained, or which would aid in the completion or correction of information already obtained, shall grant the Director- General access to such records or documents for the purposes of obtaining therefrom the required information.
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| 21. |
Power of entry
| (1) |
This provision limits the right to privacy as provided for under Article 31 of the Constitution.
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| (2) |
An authorized officer may at all reasonable times without warrant, but upon production, if required, of the letter of authorization, for any purpose connected with—
| (a) |
the collection of statistical information, enter and inspect any land, building, vehicle or vessel where persons are employed, other than a dwelling-house;
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| (b) |
the taking of a census, enter any land or building, vehicle or vessel where persons are employed, and in either case may make such inquiries for the collection of information, or the taking of the census, as the case may be.
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| 22. |
Restriction on disclosure of information
| (1) |
No person shall publish or show to any other person not employed in the execution of a duty under this Act any of the following—
| (a) |
an individual return or part thereof made for the purposes of this Act;
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| (b) |
an answer given to any question put for the purposes of this Act; or
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| (c) |
a report, abstract or other document containing particulars comprised in any such return or answer so arranged as to identify such particulars with any person or undertaking,
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except with the prior written consent of the person making the return, or giving the answer, or, in the case of an undertaking, the owner, for the time being, of the undertaking.
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| (2) |
The provisions of this Act shall not affect any law relating to the disclosure of any official secret or confidential information or trade secret.
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| 23. |
Director-General may give information
| (1) |
The Director-General may at the request of any person or agency and upon payment of such fee, if any, as may be prescribed by the Board, provide to that person or agency, any special information or report concerning, or carry out for that person or agency any special investigation into, any of the matters specified in the First Schedule:
Provided that the person requesting for information shall undertake in writing, to the satisfaction of the Director-General—
| (a) |
to use the information so obtained only for research purposes; and
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| (b) |
not to release such information to any other person except with the prior written consent of the Director-General.
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| (2) |
The Director-General may, with the approval of the Board, cause statistical data collected by the Bureau to be disseminated to the public after ascertaining its accuracy and safeguarding the confidentiality with respect to the information.
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| (3) |
The Director-General may, with the approval of the Board, cause any official statistical data collected, analysed and disseminated by the Bureau to be cancelled, revised or adjusted where such data is found not to be accurate:
Provided that where such data relates to the size of the population, the Board shall inform the Cabinet Secretary accordingly and the Cabinet Secretary shall seek the approval of the full Cabinet to make the desired cancellation, revision or adjustment.
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| (4) |
The Cabinet Secretary shall, within fourteen days of receiving approval under subsection (3), publish the official data which is cancelled, revised or adjusted, in the Gazette.
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| 24. |
Obstruction
| (1) |
Any person who hinders or obstructs the Director-General or any authorized officer in the execution of any powers conferred under this Act, commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both.
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| (2) |
Any person who wilfully fails to give any information or particular as required under this Act commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months, or to both.
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| 25. |
Special reports and investigations
| (1) |
Nothing contained in this Act shall prevent or restrict the publication of any report, abstract or other document which would make identification of any undertaking possible merely by reason of the fact that the particulars relate to an undertaking which is the only undertaking within its particular sphere of activities, if the report, abstract or other document is so arranged as to disclose, in respect of such undertaking, only the following information—
| (a) |
the quantity and the value of any description of the goods manufactured, produced, exported or sold;
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| (b) |
the economic and social characteristics of employees;
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| (c) |
the amount and extent of any investment; or
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| (d) |
any other information which is furnished or supplied under this Act,
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with respect to the publication of which no objection has been made in writing to the person furnishing the information prior to the publication of the report, abstract or other document.
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| (2) |
Nothing contained in this section shall be construed as requiring the disclosure of any information obtained under this Act to a Ministry, department or authority for the purpose of taxation.
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| 26. |
Offences
| (a) |
makes a statement which he knows to be false or has no reason to believe to be true in any returns or estimates in response to a reasonable request for information for the purposes of this Act;
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| (b) |
being employed in the execution of any duty under this Act, without lawful authority, publishes or communicates to any person, other than in the ordinary course of such employment, any information obtained by him in the course of his employment;
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| (c) |
being in possession of information which might influence or affect the market value of any share or other security, interest, product or article by virtue of his employment, uses it for personal gain before it is made public;
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| (d) |
knowingly compiles for issue any false statistics or statistical information;
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| (e) |
possessing any information which, to his knowledge, has been disclosed in contravention of this Act, publishes or communicates such information to any person;
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| (f) |
in the execution of any duty under this Act, fails to comply with or contravenes any terms or conditions of his oath or affirmation taken under this Act;
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| (g) |
without lawful authority destroys, defaces or mutilates any schedule, form or other document containing particulars obtained under this Act;
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| (ga) |
redistributes or sells material of the Bureau without written authority from the Director-General;
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| (gb) |
uses data from the Bureau for investigation of specific individuals or organizations or for any other purpose other than statistical purposes;
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| (gc) |
creates links among datasets provided by the Bureau or among data from the Bureau and other datasets with a view to identifying individuals or organizations; and
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| (h) |
contravenes any provision of this Act in respect of which no penalty has been prescribed,
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commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both.
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PART IV – MISCELLANEOUS
| 27. |
Protection from personal liability
| (1) |
Subject to subsection (2), no matter or thing done by a member of the Board or any other officer, employee or agent of the Bureau shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Bureau under this Act, render the member, officer, employee or agent of the Board personally liable to any action, claim or demand whatsoever.
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| (2) |
The provisions of subsection (1) shall not relieve the Bureau of the liability to pay compensation or damages to any person for the injury to him or damage to his property or any of his interests caused by the exercise of any powers conferred by this Act or any other written law, or any failure, whether wholly or partially of any works.
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| 28. |
Exemption from stamp duty
No stamp duty shall be chargeable in respect of any instrument executed by or on behalf of or in favour of the Bureau which, but for this section, the Bureau would be liable to pay.
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| 29. |
Regulations
The Board may with the approval of the Cabinet Secretary make regulations for the better carrying into effect of the provisions of this Act, and in particular, but without prejudice to the generality of the foregoing, may—
| (a) |
prescribe the particulars to be furnished in relation to any matter in respect of which statistical information may be collected under this Act;
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| (b) |
prescribe the manner and form in which the times and places at which and the person by whom particulars shall be furnished.
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| 30. |
Supercession
Where any conflict arises between the provisions of this and any other Act with respect to the collection, analysis and dissemination of official statistics, the provisions of this Act shall prevail.
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PART V – REPEAL AND TRANSITIONAL PROVISIONS
| 32. |
Transitional provisions
| (a) |
all the funds, assets and other property, movable and immovable, which immediately before the coming into operation of this Act, were held by the Government for the Central Bureau of Statistics shall, by virtue of this subsection and without further assurance, vest in the Bureau;
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| (b) |
every public officer having the power or duty to effect or amend any entry in a register relating to property, or to issue or amend any certificate or other documents affecting or evidencing title to property, shall without payment of a fee or other charge and upon request by or on behalf of the Bureau, do all such things as are by law necessary to give final effect to the transfer of any property mentioned in paragraph (a) to the Bureau;
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| (c) |
all rights, powers and duties, whether arising under any written law or otherwise which immediately before the coming into operation of this Act were vested in the Central Bureau of Statistics shall by virtue of this subsection, be transferred to, vested in, imposed on, or be enforceable by or against the Bureau;
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| (d) |
on and after the coming into operation of this Act, all actions, suits or legal proceedings by or against the Government pending in respect of the Central Bureau of Statistics shall be carried out on or prosecuted by or against the Bureau, and no such suit, action or legal proceedings, shall abate or be affected by the coming into operation of this Act;
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| (e) |
the annual estimates approved for the Central Bureau of Statistics in respect of the financial year in which this Act comes into operation shall be deemed to be the annual estimates of the Bureau for the remainder of the financial year, but those estimates may be varied by the Board in such manner as the Treasury may approve;
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| (f) |
any person who is an officer or employee of the Central Bureau of Statistics immediately before the coming into operation of this Act shall be deemed to be an officer or employee of the Bureau:
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| (i) |
any officer or employee who does not wish to become an officer or employee of the Central Bureau of Statistics shall exercise his option to be employed by the Bureau or to be re-deployed in the public service, within a period of twelve months from the date of coming into operation of this Act; |
| (ii) |
subject to subparagraph (i), every officer or employee of the Bureau shall enter into a written contract with the Bureau within a period of twelve months from the date of coming into operation of this Act, whereupon his service with the Government shall be deemed to have terminated without right to severance pay but without prejudice to all other remunerations and benefits payable upon such termination; |
| (iii) |
any officer who does not exercise his option under subparagraph (i) shall be deemed to have been seconded to the Bureau for another twelve months, after which he shall comply with (i) or (ii) above. |
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FIRST SCHEDULE [ss. 4(2)(c), 23(1)]
MATTERS CONCERNING WHICH STATISTICAL INFORMATION MAY BE COLLECTED, COMPILED, ANALYSED, ABSTRACTED AND PUBLISHED
1. Population.
2. Births and deaths.
3. Immigration and emigration.
4. Hotels and Tourism.
5. Housing.
6. Real property.
7. Land, topography and climate.
8. Finance and Insurance.
9. International Trade, and Balance of Payments.
10. Capital investment.
11. Savings.
12. Expenditure and Consumption.
13. Wholesale and retail trade, repair of motor vehicles and motorcycles.
14. Manufacturing.
15. Construction.
16. Mining and quarrying.
17. Agriculture.
18. Forestry and Logging.
19. Fishing.
20. Producer, wholesale and retail prices of commodities.
21. Employment, earnings and unemployment.
22. Labour.
23. Energy.
24. Water and sanitation.
25. Transport and Storage.
26. Salaries, wages, bonuses, fees, allowances and other payments.
27. County government.
28. Community, business and personal services.
29. Arts, entertainment and recreation.
30. Cooperatives.
31. Environment and natural resources.
32. Informal sector.
33. Health.
34. Nutrition.
35. Information and communication.
36. Education and literacy.
37. Governance.
38. Peace and security.
39. Affirmative action.
40. Innovation, science and technology.
41. Research and development.
42. Human development indices.
43. Poverty.
44. Gender.
45. Food security.
46. Vital and other social statistics.
47. Any other matter related to the above.
SECOND SCHEDULE [s. 7]
PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD
| 1. |
Tenure of office
The Chairperson or a member of the Board other than an ex officio member shall, subject to the provisions of this Schedule, hold Office for a period of three years, on such terms and conditions as may be specified in the instrument of appointment, but shall be eligible for re-appointment, subject to a maximum of two terms of Office.
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| 2. |
Vacation of office
The Chairperson or a member other than an ex officio member may—
| (a) |
at any time resign from Office by notice in writing to the Cabinet Secretary;
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| (b) |
be removed from Office by the Cabinet Secretary, on the recommendation of the Board, if the member—
| (i) |
has been absent from three consecutive meetings of the Board without the permission of the Board; |
| (ii) |
is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; |
| (iii) |
is incapacitated by prolonged physical or mental illness for a period exceeding six months; or is otherwise unable or unfit to discharge his functions. |
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| 3. |
Meetings
| (1) |
The Board shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting.
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| (2) |
Notwithstanding subparagraph (1), the Chairperson may, and upon requisition in writing by at least five members shall, convene a special meeting of the Board at any time for the transaction of the business of the Board.
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| (3) |
Unless three-quarters of the total members of the Board otherwise agree, at least fourteen days’ written notice of every meeting of the Board shall be given to every member of the Board.
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| (4) |
The quorum for the conduct for the business of the Board shall be five members including the Chairperson or the person presiding.
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| (5) |
The Chairperson shall preside at every meeting of the Board at which he is present, but in his absence, the members present shall elect one of their number to preside, who shall, with respect to that meeting and the business transacted thereat, have all the powers of the Chairperson.
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| (6) |
Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.
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| (7) |
Subject to subparagraph (4), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.
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| (8) |
Subject to the provisions of this Schedule, the Board may determine its own procedure and the procedure for any committee of the Board and for the attendance of other persons at its meetings and may make standing orders in respect thereof.
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| 4. |
Committees of the Board
| (1) |
The Board may establish such committees as it may consider appropriate to perform such functions and responsibilities as it may determine.
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| (2) |
The Board shall appoint the chairperson of a committee established under subparagraph (1) from amongst its own members.
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| (3) |
The Board may, where it deems appropriate, co-opt any person to attend the deliberations of any of its committees.
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| 5. |
Disclosure of interest
| (1) |
If a member is directly or indirectly interested in any contract, proposed contract or other matter before the Board at which the contract, proposed contract or other matter is the subject of consideration, he shall, at the meeting and as soon as reasonably 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.
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| (2) |
A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.
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| (3) |
A member of the Board who contravenes subparagraph (1) commits an offence and is liable to a fine of one hundred thousand shillings, or to imprisonment for a term of six months, or to both.
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| 6. |
The common seal
The affixing of the common seal of the Bureau shall be authenticated by the signature of the chairperson and the Director-General and any document not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of the Chairperson and the Director-General:
Provided that the Board shall, in the absence of either the Chairperson or the Director-General in any particular matter, nominate one member to authenticate the seal on behalf of either the chairperson or the Director-General.
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| 7. |
Contracts and instruments
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 behalf of the Board by any person generally or specially authorised by the Board for that purpose.
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THIRD SCHEDULE [s. 11]
OATH/AFFIRMATION OF OFFICE AND SECRECY
I .................................................................... do solemnly swear/affirm that I shall faithfully and honestly fulfil my duties as ............................... in conformity with the requirements of the Act and regulations made thereunder, and that I shall not without due authority reveal any information acquired by virtue of my said duties, nor, until such information is made public, directly or indirectly use it for personal gain.
Sworn/Affirmed at ___________________________
On ___________________________
Signatare of Officer ___________________________
Before: ___________________________
Magistrate/Commissioner for Oaths/Director-General
FOURTH SCHEDULE [s. 38]
FUNDAMENTAL PRINCIPLES OF OFFICIAL STATISTICS
Principle 1.
Official statistics provide an indispensable element in the information system of a democratic society, serving the Government, the economy and the public with data about the economic, demographic, social and environmental situation. To this end, official statistics that meet the test of practical utility should compiled and made available on an impartial basis by the Kenya National Bureau of Statistics to honour citizens' entitlement to public information.
Principle 2.
To retain trust in official statistics, the Kenya National Bureau of Statistics shall apply strictly the professional considerations, including scientific principles and professional ethics, on the methods and procedures for the collection, processing, storage and presentation of statistical data.
Principle 3.
To facilitate a correct interpretation of the data, the Kenya National Bureau of Statistics shall present information according to scientific standards on the sources, methods and procedures of the statistics.
Principle 4.
The Kenya National Bureau of Statistics is entitled to comment on erroneous interpretation and misuse of statistics.
Principle 5.
Data for statistical purposes may be drawn from all types of sources, be they statistical surveys or administrative records. The Kenya National Bureau of Statistics shall choose the source with regard to quality, timeliness, costs and the burden on respondents.
Principle 6.
Individual data collected by the Kenya National Bureau of Statistics for statistical compilation, whether they refer to natural or legal persons, shall be strictly confidential and used exclusively for statistical purposes.
Principle 7.
The Kenya National Bureau of Statistics shall co-operate with other National statistical agencies within their countries to achieve consistency and efficiency in the National Statistical System.
Principle 8.
The Kenya National Bureau of Statistics shall apply the international concepts, classifications and methods to promote the consistency and efficiency of the National Statistical System at all official levels.
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