Point in Time
Act No: No. 4 of 2006
Act Title: STATISTICS
[ Date of commencement: 1st February, 2007. ]
[ Date of assent: 23rd August, 2006. ]
Arrangement of Sections
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Statistics Act, 2006.

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.

(2)

The Bureau shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of—

(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; and

(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.

3A.
Request for legal advice

The Bureau may request for legal advice or representation from the Office of the Attorney-General.

[Act No. 16 of 2019, s. 3.]

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.

[Act No. 16 of 2019, s. 3.]

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.

[Act No. 16 of 2019, s. 3.]

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.

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.

(2)

A person shall not be appointed as Corporation Secretary unless such person—

(a)

holds a degree in law from a recognized university;

(b)

is an advocate of the High Court of not less than eight years' standing;

(c)

is a registered Certified Public Secretary in good standing with the Institute of Certified Public Secretaries of Kenya; and

(d)

meets the requirements of Chapter Six of the Constitution.

(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;

(b)

taking minutes in meetings of the Board and communicating the resolutions of the Board;

(c)

ensuring safe custody of the minutes, decisions and documents of the Board;

(d)

ensuring the safe custody of the seal of the Bureau;

(e)

drafting legal documents on behalf of the Bureau;

(f)

attending court proceedings on behalf of the Bureau;

(g)

advising the Board on any legal matters; and

(h)

any other matter that the Board may direct.

[Act No. 16 of 2019, s. 8.]

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.

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.

12.
Funds of the Bureau

The funds of the Bureau shall consist of—

(a)

such sums as the Minister may, with the consent of the Treasury, make available for the purposes of this Act out of monies provided by Parliament;

(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;

(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.

14.
Annual Report
(1)

The Board shall, within four months after the end of each financial year, make a report to the Minister on the activities of the Bureau for that year, consisting of—

(a)

a report on the operations of the Bureau; and

(b)

such other information as the Board may deem necessary to include.

(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.

(3)

The Minister 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.

15.
Accounts and Audit
(1)

The Board shall keep or cause to be kept proper books of account of the Bureau.

(2)

The accounts of the Bureau shall be audited and reported upon in accordance with the Public Audit Act (No. 12 of 2003).

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.

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.

(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.

(3)

An agency which obtains approval under subsection (2) shall upon completion of the survey, submit copies of its report to the Board.

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;

(b)

an answer given to any question put for the purposes of this Act; or

(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,

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.

(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.

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;

(b)

the economic and social characteristics of employees;

(c)

the amount and extent of any investment; or

(d)

any other information which is furnished or supplied under this Act,

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.

(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.

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.

(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.

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.

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.

PART V – REPEAL AND TRANSITIONAL PROVISIONS
31.
Repeal of Cap. 112

The Statistics Act (Cap. 112) is repealed.

32.
Transitional provisions

Notwithstanding section 31

(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;

(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;

(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;

(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;

(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;

(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:

Provided that—

(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 sub-paragraph (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 sub-paragraph (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.

FIRST SCHEDULE
(ss. 4 (2) (c), 23 (1), Act No. 16 of 2019, s. 18.)
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
[Section 7.]
PROVISIONS AS TO THE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD
1.
Tenure of office

The Chairman 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.

2.
Vacation of office

The Chairman or a member other than an ex officio member may—

(a)

at any time resign from Office by notice in writing to the Minister;

(b)

be removed from Office by the Minister, 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.

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.

(2)

Notwithstanding sub-paragraph (1), the Chairman 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.

(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.

(4)

The quorum for the conduct for the business of the Board shall be five members including the Chairman or the person presiding.

(5)

The Chairman 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 Chairman.

(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 Chairman or the person presiding shall have a casting vote.

(7)

Subject to sub-paragraph (4), no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.

(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.

4.
Committees of the Board
(1)

The Board may establish such committees as it may deem appropriate to perform such functions and responsibilities as it may determine.

(2)

The Board shall appoint the chairman of a committee established under sub-paragraph (1) from amongst its own members.

(3)

The Board may, where it deems appropriate, co-opt any person to attend the deliberations of any of its committees.

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.

(2)

A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.

(3)

A member of the Board who contravenes sub-paragraph (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.

6.
The common seal

The affixing of the common seal of the Bureau shall be authenticated by the signature of the chairman 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 Chairman and the Director-General:

Provided that the Board shall, in the absence of either the Chairman or the Director-General in any particular matter, nominate one member to authenticate the seal on behalf of either the chairman or the Director-General.

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.

THIRD SCHEDULE

[Section 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 .....................................................................

Signature of Officer ...........................................

Before: ..............................................................

Magistrate/Commissioner for

Oaths/Director-General

FOURTH SCHEDULE
[s. 3B, Act No. 16 of 2019, s.19.]
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.