Q1.The Kenyan Government has decided to establish a corporation to establish a corporation to be known as the Nuclear Atomic Commission. The Commission’s primary mandate shall be to prepare Kenya for the production of nuclear energy and to manage any such nuclear plants. The commission must have between three and five members, including the chairperson. The members must be Kenyan citizens and must be qualified in science-related fields. At least one must be a lawyer to provide guidance on legal matters.
You are a parliamentary counsel in the Drafting Department. Prepare the draft Bill establishing the commission. [15 marks]
ARRANGEMENT OF CLAUSES
Clauses
PART - PRELIMINARY
1. Short title
2. Interpretation
PART 2-ESTABLISHMENT OF NUCLEAR ATOMIC COMMISSION
3. Establishment of the Nuclear Atomic Commission
4. Composition
5. Functions
6. Powers
PART 3-ADMINISTRATION
7. Secretary to the Commission
PART 4-FINANCIAL PROVISIONS
8. Funds and Resources
PART 5- MISCELLANEOUS
9. Offences
10. Regulations
FIRST SCHEDULE
1. Tenure of the members
2. Vacation from office
A Bill for
An Act of Parliament establishing the Nuclear Atomic Commission, to provide for the powers and functions of the Commission and for connected purposes
ENACTED by Parliament of Kenya as follows-
PART 1- PRELIMINARY
1. This Act may be cited as the Nuclear Atomic Commission Act, 2017
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Short Title
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2. In this Act, unless the context otherwise requires;
‘Nuclear science’ is the study of the atomic world;
‘Commission’ refers to the Nuclear Atomic Commission established under section 3;
‘Chairperson’ means the chairperson established under section 4(1)(a);
‘Secretary’ means the Secretary to the Commission established under section 7;
‘Cabinet secretary’ means the cabinet secretary responsible for Energy;
‘Nuclear energy’ means the production of heat through fission and fusion of atoms;
‘fission’ means the splitting of something into two or more parts;
‘fusion’ means the combination of two or more things;
‘Nuclear plant’ means thermal power station in which the heat source is a nuclear reactor; and
‘Nuclear Production Areas’ means geographical location that the cabinet secretary has gazetted as nuclear production areas.
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Interpretation
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PART 2- ESTABLISHMENT OF NUCLEAR ATOMIC COMMISSION
3 (1). There is established a Commission to be known as the Nuclear Atomic Commission.
(2). The Commission 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) Acquiring, holding, charging and disposing off property;
c) Borrowing and lending; and
d) Doing or performing all such other things or acts as may legally be done or performed by a body corporate for the proper discharge of its functions under the Act.
(3)(a). The Commission shall be governed by Commissioners.
(b). Subject to this Act, all acts and things done in the name of, or on behalf of, the Commission, or with the authority of the Commissioners shall be deemed to have been done by the Commissioner.
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Establishment of the commission
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4 (1). The Commission shall consist of:
a) A chairperson appointed by the Cabinet Secretary;
b) Three members appointed by the Cabinet Secretary; and
c) One member who shall be an advocate of the High Court of Kenya of not less than five years standing.
(2) A person shall not be eligible for appointment under subsection (1) unless such person:
a) Is a citizen of Kenya;
b) Has at least five years’ experience in science related fields.
c) Meets the requirements under Chapter Six of the Constitution; and
d) In appointing members of the Commission under subsection(1) the Cabinet secretary shall take into account the gender, regional and other diversities of the people of Kenya.
5. The Commission shall have all powers necessary for the proper performance of its functions under this Act, this includes but is not limited to-
a) Control, supervise and administer the assets of the Commission in such manner as best promotes the purpose for which the Commission is established;
b) Determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Commission;
c) Receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom;
d) Open such banking accounts for its funds as may be necessary;
e) Invest any funds of the Commission not immediately required for its purposes; and
f) Undertake any activity necessary for the fulfilment of any of its functions.
6 (1). The functions of the Commission shall be to:
a) Make guidelines for the production of nuclear energy;
b) Identify nuclear production areas;
c) Establish nuclear plants;
d) Manage nuclear plants; and
e) All other functions incidental and necessary for the proper performance of the Commission under this Act.
(2)The First schedule shall apply with respect to conduct of business and affairs of the Commission
PART 3-ADMINISTRATION
7(1). There shall be a secretary to the Commission who shall be appointed by the Commission through an open, transparent and competitive process.
(2). The secretary to the commission shall;
a)Be the accounting officer of the Commission ;
b) Be responsible for the day to day management of the affairs and staff of the Commission; and
c)Perform such duties as are prescribed by or under this Act.
(3). The terms and conditions of service of secretary to the commission shall be determined by the commission in the instrument of appointment or otherwise in writing from time to time
(4)No one shall be eligible for appointment under subsection(1) unless such person-
a)Is a Kenyan citizen;
b) Has at least five years’ experience in the field of nuclear energy;
c)Has knowledge and experience in policy formulation, administration and management; and
d) Meets the requirements of Chapter Six of the Constitution.
PART 4-FINANCIAL PROVISIONS
8(1). The funds and resources of the commission shall comprise of:
a)Such fees, monies or assets as may accrue to or vest in the Commission in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; and
b) All monies from any other source provided for or donated or lent to the Commission.
(2). The financial year of the Commission shall be the period of twelve months ending on the thirtieth June in each year.
(3). At least three months before the commencement of each financial year, the Secretary to the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year.
(4). The secretary to the Commission shall cause to be kept proper books of account of the income, expenditure and assets of the Commission.
PART 5- MISCELLANEOUS
9. Failure to keep proper books of account under Section (8) subsection (4) shall constitute an offence liable to a fine of not more than 200,000/=; or imprisonment; or both.
10. Subject to this Act, The Commission may, upon consultation with the Cabinet Secretary, make regulations for the better carrying into effect of the provisions of this Act.
FIRST SCHEDULE
1.The chairperson, secretary to the Commission or a member of the Commission shall, subject to the provisions of this Schedule, hold office for a period of five years, on such terms and conditions as may be specified in the instrument of appointment, but shall be eligible for re-appointment.
2. A member may at any time;
a. Resign by notice in writing to the Cabinet Secretary;
b. Be removed from office by the Cabinet Secretary on recommendation of the Commission if the member:
i. Has been absent from three consecutive meetings of the Commission without the Commission's permission;
ii. Is convicted of a criminal offence that amounts to a felony under the laws of Kenya;
iii. Is incapacitated by prolonged physical or mental illness for a period exceeding six months;
iv. Is otherwise unfit to hold office.
3. The Commission shall meet not less than four times in every financial year and not more than four months shall lapse between the date of one meeting and the date of the next meeting.
4.The quorum for the conduct of the business of the Commission shall be three members
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Composition of commission
Powers of the commission
Functions of Commission
Secretary to the Commission
Functions of secretary
Eligibility of Secretary
Funds of the Commission
Financial year
Proper books of accounts
Tenure
Vacation from office
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