The Technopolis Bill, 2024

SPECIALISSUE

Kenya Gazette Supplement No.3O (National Assembly Bills No.6)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2024

NAIROBI,2ndFebruary,2024

CONTENT

Bill for Introduction into the National Assembly-

The TechnopolisBill,2024

PAGE

109

Clause

PARTIPRELIMINARY

• I-Short title.
• 2-Interpretation.
• 3-Object and purpose.

PARTII-TECHNOPOLISDEVELOPMENT AUTHOR'TY

• 4Establisnment oi
• suthority
• 5Functions of the Authority.
• 6Powers of the Authority
• 7Board of the Authority.
• 8-Vacancy in the Board.
• 9—Powers of the Board.
• 10-Conduct of business and affairs of the Board.
• 11-Seal and execution of documents.
• 12-Delegation of functions and powers.
• 13-Chief Executive Officer.
• 14-Corporation Secretary.
• 15-Staff.

PARTIII-ESTABLISHMENT OFA

TECHNOPOLIS

• 16-Declaration of the Technopolis
• 17-Features of a Technopolis.
• 18-Buffer Zone of a Technopolis.
• 19-Development of high technology ecosystem.
• 20One-Stop-Shop.
• 21-Technopolis small enterprise support centre.

THETECHNOPOLISBILL,2024

ARRANGEMENT OF CLAUSES

PARTIV-TECHNOPOLISDEVELOPMENT CONTROL

• 22-Power to undertake development control.
• 23-Development approval.
• 24Application and approval fordevelopmentpermit
• 25-Development compliance.
• 26Review and appeal.
• 27-Offence for non-compliance

PARTV-LICENSINGPROVISIONS

• 28-Licence to operate in the Technopolis
• 29-Application and issue of licence.
• 30-Refusal to issue a licence.
• 31—Renewal of the licenses.
• 32-Suspension and revocation of a licence
• 33-Notice ofnon-compliance.
• 34-Variation of conditions of a licence.
• 35-Reviewprocess.
• 36Register of the licences.

PARTVI-ENFORCEMENT PROVISIONS

• 37—Inspections and enforcement.
• 38-Enforcement sanctions.
• 39—Fair administration.
• 40- Coordination with government agencies.
• PARTVII-FINANCIALPROVISIONS
• 41-Funds of the Authority.
• 42-Annual estimates.
• 43-Accounts and audit.
• 44Expenditure.
• 45-Annual reports.
• 46-Financial year.

PARTVIII-TECHNOPOLISDISPUTE RESOLUTION TRIBUNAL

• 47—Establishment of the Tribunal.
• 48-Term of office.
• 49-Oath of office.
• 50-Discipline and removal of members.
• 51-Staff of theTribunal.
• 52Expenses of the Tribunal.
• 53—Arrangement of business.
• 54Quorum.
• 55—Jurisdiction of the Tribunal.
• 56-Appeals to theTribunal.
• 57-Procedure before the Tribunal.
• 58-Powers of theTribunal.
• 59-Decisions of the Tribunal.
• 60—Appeal against decision of Tribunal.
• 61-Rules of the Tribunal.

PARTIX-GENERALPROVISIONS

• 62-Incentives.
• 63-Offences.
• 64 General penalty.

PARTX-PROVISIONS ONDELEGATEDPOWERS

65-Regulations.

PARTXI-TRANSITIONALAND SAVING

PROVISIONS

• 66-Transitional and saving.

67-Revocation ofL.N.23 of2012.

FIRST SCHEDULE-CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD.

SECONDSCHEDULE-OATH/

AFFIRMATION OF

OFFICE BY

MEMBERS OF THE

TRIBUNAL.

THETECHNOPOLISBILL,2024

A Bill for

• AN ACT of Parliament to establish the Technopolis

Development Authority; to provide a framework forthe development and managementof Technopolises,and for connected purposes.

ENACTED by the Parliament of Kenya,asfollows-

PARTIPRELIMINARY

• 1.This Act may be cited as the Technopolis Act, Short title.
• 2024.
• 2.In this Act,unless the context otherwise requires

"Authority"means the Technopolis Development Authority established under section 4;

"Board" means the Board of the Technopolis Development Authority established under section 7;

"Buffer Zone"means a defined area surrounding a Technopolis that is subject to controlled land use;

"Cabinet Secretary"means the Cabinet Secretary in the Ministry responsible for matters relating to information

communication and technology;

"former Authority"means the Konza Technopolis Development Authority established under the Konza Technopolis Development Authority Order,2012;

"high technology"means the most advanced and

sophisticatedtechnology currently available forthe organisation of factors ofproduction;

"Konza Technopolis"means all that parcel of land known as Land Reference Number 9918/6 measuring

2023.6 hectares or thereabouts;

"licensee"means any person who at the material time holds a licence or other authorization,issued by the Authority;

""relevant government entity"means a government

entity that is responsible for regulatory or service provision functions in a Technopolis;

"Technopolis"means a designated geographical area

established to achieve the objects of the Act and includes the Konza Technopolis;and Interpretation.

L.N.23of2012

"users"includes service providers, operators,residents and any other person that utilizes the facilities or services provided within a Technopolis.

• 3.The objects of this Act are to
• (a) provide for the establishment, development and
• management ofa Technopolis;
• (b) create a conducive environment to attract and retain world-class talent by providing state-of-the-
• art infrastructure;
• (c)position a Technopolis as a premier destination for technology-driven businesses,research institutions and innovation ecosystems;
• (d)providefor theadoptionofsustainable environmental practices and technologies within a Technopolis;
• (e) offer incentives and other forms of government support to encourage investments
• ina Technopolis;and
• support the development of Kenya's knowledgebased economy.

PARTII-THE TECHNOPOLISDEVELOPMENT

AUTHORITY

• 4.(1)Thereis established theTechnopolis
• Development Authority.
• (2) The Authority shall be a body corporate with perpetual succession and a common seal,and shall be capable in its corporate name of
• (a) suing and being sued;
• (b) owning, taking,purchasing or otherwise acquiring,
• holding, charging and disposing of movable or immovable property;
• (c) entering into contracts;
• (d)receiving,borrowing and lending money;and
• (e) doing or performing all such other things or acts for the proper performance of its functions under this Actwhich may lawfully be done or performed by a body corporate.

Objects of the Act.

Establishment of the Authority.

• (3) The Authority shall be a successor to the former Authority existing immediately before the commencement

2. of this Act. 3. 5.(1) The Authority shall 4. (a) plan, develop and manage a Technopolis; 5. (b) allocate land to investors in a Technopolis; 6. (c) establish governance structures for a Technopolis; 7. (d) establish and manage science parks,information communication and technology parksand innovation centres; 8. (e) facilitate realization of Kenya's digital economy by use of emerging technologies to support businesses within a Technopolis; 9. (f) host strategic government infrastructure powered by emerging technologies including data centres, 10. research centres and centers of excellence; 11. (g)promote technology oriented creative industries; 12. (h) coordinate the knowledge innovation ecosystem in aTechnopolisinpartnership withresearch 13. institutions and innovation centres; 14. (i) promote and market Technopolises to investors 15. and users; 16. (j) coordinate and administer incentives provided for operating in a Technopolis; 17. (k) undertake investment in a Technopolis either by itself or throughpartnerships; 18. administer a one-stop-shop for provision of government services required to operate in a Technopolis; 19. (m)facilitate research and implementation of 20. innovationprogrammeswithin a Technopolis;and 21. (n) any other function that may be assigned by the 22. Cabinet Secretary or any written law. 23. 6.The Authority shall have all the powers necessary for the proper performance of its functions under this Act 24. including thepower to-

Functions of the Authority.

Powers of the Authority

• (a) formulate administrative by-laws and guidelines for the sustainable development and management ofa Technopolis;
• (b) regulate land use in a Technopolis;
• (c) mobilise funds for the development of a
• Technopolis;
• (d) approve development applications, issue construction permits and licence users within a Technopolis;
• (e) charge fees and levies for proper carrying out of functions under the Act;
• enter,inspect and search any premises to enforce
• the Act;
• necessary for the discharge of its functions; and
• (h) grant such exemptions of fees, levies or any other charges imposed under this Act.
• 7.(l) There shall be a Board of the Authority
• comprising-
• (a) a Chairperson appointed by the President;
• (b) the Principal Secretary of the ministry responsible formatters relating toinformation communication and technology or a designated representative;
• (c) the Principal Secretary for the National Treasury or a designated representative;
• (d) the Attorney designated
• General ora representative;
• (e) five persons, not being public officers, appointed by the Cabinet Secretary;and
• (f) the Chief Executive Officer who shall be an ex officio member.
• (2) A person shall qualify for appointment as the Chairperson if the person-
• (a) is a citizen of Kenya;
• (b) holds an undergraduate degree from a university
• recognized in Kenya;

Board of the

Authority.

• (c)has at least fifteen yearsexperience in leadership
• and management;and
• (d) meets the requirements of Chapter Six of the
• Constitution.
• (3) A person shall be qualified for appointment as a
• member of the Board under subsection (l)(e) if the person-
• (a) holds an undergraduate degree from a university
• recognized in Kenya;
• (b)possesses at least ten yearsexperience in engineering, architecture,physical planning, information communication and technology, finance,law,social sciences or any other relevant field;and
• (c)meets the requirements of Chapter Six of the
• Constitution.
• (4) The Chairperson and the members of the Board shall hold office for a term of three years and shall be eligible forre-appointmentfor one further term.
• (5) The members of the Board shall be appointed at different dates so that the respective expiry dates of their
• terms of office shall fall on different dates.
• 8.(1) A member of the Board shall cease to hold office-
• (a) upon the expiry of their term of appointment;
• (b) upon resignation;
• (c)ifabsent without thepermission of the Chairperson from three consecutive meetings of the Board;
• (d) if convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine;
• (e) if adjudged bankrupt; and
• (f) if incapacitated by prolonged physical or mental
• illness and incapable of discharging their duties.
• (2) The members of the Board shall be paid such remuneration and allowances as determined by the Cabinet Secretary on the advice of the Salaries and Remuneration
• Commission.

Vacancy in the

Board.

9. (1) The Board shall have all powers necessary for the proper performance of the functions of the Board under 2. this Act.

• (2) Without prejudice to the generality of subsection (1), the Board shall have power to

4. (a) control, supervise and administer the assets of the Authority; 5. (b) determine the provisions to be made for capital and recurrent expenditure and for the reserves of the Authority; 6. (c) receive any grants, gifts, donations or endowments and make legitimate disbursements therefrom; 7. (d) open such bank accounts for the funds of the Authority as may be necessary; and 8. (e) invest any of the funds of the Authority not immediatelyrequired for itspurposes. 10. (1) The conduct of the business and affairs of the Board shall be as set out in the First Schedule.

• (2) The Board may appoint such committees, as it may deem necessary,for efficient discharge of its functions.
• (3) Subject to the First Schedule, the Board may determine its own procedure and the procedure for its committees.

11. (l) The common seal of the Authority shall be kept in the custody of the Corporation Secretary.

• (2) The common seal shall not be affixed to any

14. instrument or document except as may be authorized by the Board.

• (3) The affixing of the common seal of the Authority shall be authenticated by the signature of the Chairperson and the Chief Executive Officer.
• (4) A document that is not required by law to be made under seal and all decisions of the Board may be authenticated by the signatures of the Chairperson, Chief Executive Officer or any other person authorized in writing by the Board for that purpose.

Powersofthe

Board.

Conduct of business and affairs of the Board.

Seal and execution of documents.

• (5) Despite subsection (3),in the event that either the Chairperson or the Chief Executive Officer is absent, the Board shall nominate one member of the Board to authenticate the seal on behalf of the Chairperson or Chief

2. Executive Officer.

• (6) The common seal of the Authority when affixed to a document and duly authenticated shall be judicially noticed and unless the contrary is proved,any necessary order or authorization by the Board under this section shall be presumed to have been duly given.

12. (1) The Board may, in writing, delegate the 5. exerciseof any of thepowers or theperformance of anyof the functions of the Board under this Act other than its powers to borrowmoney to- 6. (a) the Chairperson; 7. (b) the Chief Executive Officer; 8. () a committee of the Board; or 9. (d) any other person that the Board may determine.

• (2) Any function or power delegated under this section shall be performed and exercised in the name and on behalf of the Authority.

11. 13.(1) There shall be Chief Executive Officer of the Authority who shall be appointed by the Cabinet Secretary on therecommendationof theBoard.

• (2) The Chief Executive Officer shall be responsible for-

13. (a) carrying out the decisions of the Board; 14. (b) management of the day-to-day business of the Authority; 15. (c) general control of the officers and staff of the Authority; 16. (d) preparation of strategies,policies and programs, 17. for the consideration of the Board; 18. (e) the execution of the strategies, programs and policies of the Authority; and 19. (f) the performance of any other function incidental to the functions of the Authority as may be assigned by the Board.

Delegation of functions and powers.

Chief Executive

Officer.

• (3) The Chief Executive Officer shall be appointed for a term of fouryears and shall beeligibleforre-appointment

2. for one further term. 3. (4) A person shall be qualified for appointment as Chief Executive Officer if the person- 4. (a) holds a postgraduate degree from a university recognized in Kenya; 5. senior position in matters relating to engineering, architecture,physical planning,information and communications technology,finance,law,social sciences or any other relevant field;and 6. (c) meets the requirements of Chapter Six of the 7. Constitution. 8. 14.(l) There shall be a Corporation Secretary 9. appointed by the Board.

• (2) The Corporation Secretary shall-

11. (a) be the secretary to the Board; 12. (b) record and keep minutes and other records of the Board; 13. (c) keep custody of the seal of the Authority; and 14. (d) carry out such other functions as the Board or 15. Chief Executive Officer may assign. 16. 15.The Board shall appoint such number of staff as may be necessary for the efficient discharge of the functions of the Authority.

PARTIII-ESTABLISHMENT OFA

TECHNOPOLIS

16. (1) The Cabinet Secretary, upon recommendation by the Authority,may establish a Technopolis by a notice in the Kenya Gazette.

• (2) A notice establishing a Technopolis shall define

3. the-- 4. (a) geographical area of a Technopolis; and 5. (b) Buffer Zone of the Technopolis, if any. 6. 17.A Technopolis shall-

Corporation Secretary.

Staff.

Establishment ofa Technopolis.

Features ofa

Technopolis.

• (a) beequipped with state-of-the-art integrated infrastructure and facilities;
• (b) prioritise and promote the exploration and adoption of emerging technologies and disruptive
• innovations;
• (c) intergrate sustainable practices,green technologies and resource efficient solutions into its operations and infrastructure;and
• including investment opportunities,mentorship
• programs, networking events and funding.

18. The Authority may collaborate with a relevant

• county government or any other government entity to
• (a) develop the physical and land use development plans of a Buffer Zone;and
• (b) ensure that development within the Buffer Zone adheres to the physical and land use development plans.
• 19.(1) The Authority may develop and implement a high technology innovation ecosystem.
• (2) The high technology innovation ecosystem shall
• comprise of a network of innovators, institutions and innovation hubs.
• (3) In developing the high technology innovation ecosystem,the Authority shall-
• (a) identify strategic areas of innovation;
• (b) cause the creation of specialized institutions in high technology in a Technopolis;
• (c) establish a database of innovations in high
• onhigh
• technology in a Technopolis;
• (d) adopt tinternational best practices technology innovation standards; and
• (e) facilitate the commercialization of innovations in a Technopolis.

20. (1) The Authority shall administer a one-stop-shop to facilitate the provision of government services and regulatory requirements to operate in a Technopolis.

Buffer Zone ofa Technopolis.

Developmentof

high technology ecosystem.

One-stop-shop.

• (2) The one- stop- shop shall facilitate

2. (a) the registration and licensing of businesses; 3. (b)the provision of services related to immigration for expatriates; 4. (c) the processing of permits and approvals; 5. (d) the administration of requirements relating to tax and customs; 6. (e) compliance with labour obligations; and 7. (f) any other service required to operatein a Technopolis. 8. 21.(l) The Authority may establish and operate a Technopolis small enterprise support centre.

• (2) The Technopolis small enterprise support centre may-

10. (a) assist small enterprises with business support; and 11. (b) provide technical assistance for new and young entrepreneurs.

PARTIV-TECHNOPOLISDEVELOPMENT CONTROL

• 22.The Authority shall have power within Technopolis to--
• a
• (a) regulate zoning including land use and density of
• development;
• (b) ensure theproper execution and implementation of
• approved physical and land use development plans;
• (C) reserve and maintain all the land planned for open spaces, parks, urban forests and green belts in accordance with the approved physical and land use development plans;
• (d) control the subdivision of land;
• applications and grant
• (e) approvedevelopment development permits; and
• control the use and development of land and buildings within a Technopolis.

Technopolis small enterprise support

centre.

Powerto undertake development control.

23. (1) All development, improvements to any infrastructure,or related works within a Technopolis shall comply with a Technopolis physical and land use development plan and development codes.

• (2) A person shall not carry out development, improvements to any infrastructure,or related works within a Technopolis without the approval of the Authority.

3. development,improvements to any infrastructure or related works within a Technopolis shall apply for a development permit from the Authority.

• (2) An application under subsection (1) shall be

5. (a) in the prescribed form; 6. (b) accompanied by- 7. (i) designs, plans, or any other document as may be 8. required;and 9. (ii) the prescribed fee.

• (3) All development plans and designs for any works or improvements,and any related works shall be prepared by a licensedprofessional.
• (4) The Authority,after considering the application may grant a development permit subject to such conditions as the Authority considers necessary.
• (5) The Authority may refuse to grant a development permit if the proposed development does not comply with theprescribed development code.

25. (1) A person issued with a development permit 14. under this Part shall undertake such development in accordance with the conditions of the permit and the relevant developmentcode.

• (2) Where a development does not comply with the development permit or a development code for a Technopolis,the Authority may-

16. (a) issue a stop work order to a person directing any 17. work or activity to cease until the noncompliance is corrected;

Development approval.

Application and approval ofa development permit.

Development

compliance.

• (b) require the alteration of the structure;
• (c) suspend the development permit; or
• (d) revoke the development permit.
• (3) Where a development permit has been revoked,the
• Authority may require-
• (a) the discontinuance of any use of land or the construction of the structure;
• (b) demolition of the structure or works at the owner's expense;and
• () restoration of the land to its original condition or as near to its original condition within ninety days at the cost of the developer.

26. Any party aggrieved by the decision of the Authority under this Part,may seek a review by the Authority or appeal to the Tribunal in accordance with this

• Act.
• 27.(1) A person who
• (a) uses or permits any land or building to be used in contravention of any condition imposed in the development permit;or
• (b) commences or carries out a development where-
• (i) a development permit has not been issued or has been revoked;
• (ii) a development permit has been modified and the development does not comply with the
• modifications;or
• i the building works are inconsistent with the designs or plans approved by the Authority,
• commits an offence.
• (2) A person who commits an offence under subsection (1) shall,upon conviction,be liable to a fine not exceeding fivemillion or to imprisonmentfora term not exceeding five years or both.

PARTV-LICENSINGPROVISIONS

28. (1) A person may apply for a licence to operate or 2. carry out business activities in a Technopolis,unless exempted under subsection (2).

Review and appeal.

Offence fornon-

compliance.

Licence to operate in a Technopolis.

• (2) The Authority may grant an exemption under this section to-

2. (a) a start-up focusing on technology in its initial operational phase; 3. (b)a person undertaking collaborative or research partnership with the Authority; 4. (c) any other person as may be provided for in the Regulations.

• (3) The Authority may-

6. (a) provide the conditions for granting an exemption; 7. and 8. (b) review or rescind an exemption granted. 9. (4) A person who operates or carries out a business activity within a Technopolis without a licence or an exemption under this section commits an offence. 10. (5) A person who commits an offence under this section shall, upon conviction,be liable to a fine not exceeding five million or to imprisonment for a term not exceeding fiveyears orboth. 29. (1) A person shall apply to the Authority for a 12. licence to operate or conduct business in a Technopolis.

• (2) The Authority may-

14. (a) issue different classes of licences; and 15. (b) specify different validity periods for each class.

• (3) An application for a licence shall be

17. (a) in a prescribed form; and 18. (b) accompanied by a fee or any other particulars as may be prescribed.

• (4) Upon consideration of theapplication and where the applicant tmeets the licensing requirements,the Authority may

20. (a) grant a licence; or 21. (b) grant a licence subject to conditions.

• (5) A licence issued under this section shall specify

Application and

issue of licence.

• (a) the validity period;
• (b) the business to be carried on under the licence; and
• (c) conditions applicable to the licence.
• 30.(l) The Authority may refuse to issue a licence where the applicant-
• (a) has submitted false or misleading information in the application;
• (b) does not meet the requirements for licensing prescribed under this Act or under any other written law;or
• (c) fails to provide any other information required to grant a licence.
• (2) The Authority shall notify the applicant of its decision to refuse the application.
• 31.(1) A licensee shall apply to the Authority for the renewal of the licence before the expiry of the validity period specified in the licence.
• (2) An application for renewal shall be accompanied by the prescribed renewal fee.
• (3) The Authority shall consider an application for renewal and may,if satisfied that the application meets the requirements,renew the licence.
• (4) Where a licensee does not meet the requirements for renewal, the application shall be rejected.

32. (1) The Authority may suspend a licence, for such a period as the Authority may specify,if a licensee-

• (a) has contravened any of the conditions of the
• licence;
• (b) fails to comply with a written direction of the Authority; or
• (c) fails to comply with the provisions of this Act.
• (2) The Authority may revoke a licence, if a
• licensee-
• (a) ceases to carry on the business with respect to which the licence was issued;

Refusal to issue a licence.

Renewal ofa licence.

Suspension and revocation ofa licence.

• 1up, liquidated or otherwise
• (b) is wound dissolved;
• (c)requests the Authority in writing to revoke the licence; or
• (d) has not remedied any reasons for suspension under subsection (1).
• 33.(l) The Authority shall, before suspending a
• licence,issue a compliance notice to a licensee.
• (2) A compliance notice issued under subsection (1)
• shall-
• (a) be in writing;and
• (b) notify the licensee of the identified breach and the steps required to remedy the breach.
• (3) The Authority shall lift the suspension where the licensee has remedied the breach within the specified
• period.
• 34.(l) The Authority may vary the conditions upon
• which a licence was issued.
• (2) The Authority shall,before varying the conditions attached to a licence,issue a notice in writing of the
• intention to vary.
• (3) A notice under subsection (2) shall-
• (a) specify the variation intended to be made with respect to the licence;
• (b)set out the reasons for such variation;
• (c) specify the time within which the variation shall take effect;and
• (d) allow the licensee to submit any representations on
• thevariation;and
• (e) set out such further information as the Authority may consider necessary.

35. (1) A person who is aggrieved by a decision of the Authority under this Part may request the Authority for

• review of the decision.
• (2) The Authority shall consider, determine and communicate its decision for a request for review made

Notice of noncompliance.

Variation of conditions ofa licence.

Review process.

under subsection (l) within thirty days of receipt of the request.

• 36.(1) The Authority shall establish and maintain a register of licensees operating in a Technopolis.
• (2) A licensee shall notify the Authority in writing
• within twenty-one days of
• (a) any change of registered particulars of the
• licensee;or
• (b) cessation of business.

PARTVI-ENFORCEMENTPROVISIONS

37. (1) The Authority may undertake inspections in a Technopolis to ensure compliance with developmen! control and licensing requirements.

• (2) If,upon inspection,the Authority determines that a person has failed to comply with any provision of this Act, the Authority may issue a compliance order that requires the person to take the necessary steps to comply within a specified period.
• (3) If the person fails to comply with the order issued under subsection (2), the Authority may impose a necessary sanction as specified under section 38.

4. 38.(l) Where a person has violated or breached any provision of this Act, the Authority may impose a sanction that is proportional to the severity of the violation or breach.

• (2) A sanction issued may include-

6. (a) issuing a written reprimand with a defined period of time for the person to correct the violation or breach; 7. (b) directing a licensee to refrain from engaging in a specified activity; 8. (c) levying administrative penalties and fines; 9. (d) suspending a licence or permit;or 10. (e) revoking a licence,permit, certificate or any other approval.

• (3) The administrative penalties and fines imposed under this section shall bepaid to the Authority.

Register of

licensees.

Inspections and enforcement.

Enforcement sanctions.

• taking any enforcement action against any person under this Act, comply with the provisions of the Fair Administrative
• 39.The Authority shall, before Action Act,2015.

40. The Authority may coordinate its investigation and

• enforcement function with any relevant government entity.

PARTVII-FINANCIALPROVISIONS

• 41.(1) The funds of the Authority shall consist of-
• (a) such monies as may be appropriated by National Assembly;
• (b) such monies as may accrue or vest in the Authority in the course of the exercise of its powers or the performance of its functions;
• (c) monies borrowed by or lent to the Authority;
• (d) grants,donations or gifts to the Authority; and
• (e) any monies accruing to the Authority from any
• other source.
• (2) Subject to the provisions of this Act or any other
• law, the Authority shall have the power to use the funds of the Authority in its discretion to carry out its objectives and functions.

42. (1) The Board shall, at least three months before the commencement of each financial year, cause to be prepared the estimates of the revenue and expenditure Authority for that financial year.

• (2) The annual estimates shall make provisions for all estimated expenditure of the Authority for the financial year concerned and in particular shall provide for the
• (a) payment of salaries, allowances and other charges in respect of staff of the Authority;
• (b) payment of pensions, gratuities and other charges in respect of the former staff of the Authority;
• (c) proper maintenance of the buildings and grounds of the Authority;
• (d) maintenance,repair and replacement of the equipment and other property of the Authority;

Fair Administration.

No.4of2015.

Coordination on

enforcement.

Funds of the Authority.

Annual estimates.

• (e) payment of allowances of the members of the Board;and
• creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits,insurance, replacement of buildings and equipment or in respect of such matter as the Board may deem fit.

43. (1) The Board shall cause to be kept proper books and records of account of income,expenditure,assets and liabilities of the Authority.

• (2) Within a period of three months from the end of each financial year,the Authority shall submit to the Auditor-General the accounts of the Authority together
• with
• (a) a statement of the income and expenditure of the Authority during that year; and
• (b) a statement of the assets and liabilities of the Authority asat thelast day of thatyear.
• (3) The accounts of the Authority shall be audited and reported in accordance with the Public Audit Act,2015.

44. The Board shall defray out of the funds of the Authority for any financial year the expenditure of the Authority,including-

• (a) the remuneration and allowances of the Board;
• (b) the salaries, remuneration, fees and allowances, pensions and gratuities of the staff of the Authority;
• (c) all expenses related to the management of the Authority;and
• (d) any other related expenditure;

45. The Authority shall, three months after the end of each financial year, prepare and submit to the Cabinet Secretary an annual report relating to the operations of the Authority. 46. The financial year of the Authority shall be the period of twelve months ending on the thirtieth of June in each year.

Accounts and audit.

No.34of2015.

Expenditure.

Annualreports

Financial year.

PART VIII-THETECHNOPOLIS DISPUTE

RESOLUTIONTRIBUNAL

• 47.(1) There is established the Technopolis Dispute
• Resolution Tribunal.
• (2)The Tribunal shall consist of members appointed by the Judicial Service Commission comprising
• (a) a chairperson who is a person qualified to be a judge of the High Court;
• (b) an advocate of the High Court of Kenya with at least ten years'experience;and
• (c) five persons who have demonstrated competence in,engineering,urban development,property management,information technology or finance.
• (3) A person shall be qualified to be appointed as a chairperson or a member of the Tribunal if that person has satisfied the requirements of Chapter Six of the Constitution.
• (4) There shall be a deputy registrar to the Tribunal who shall be deployed to the Tribunal by the Judicial
• Service Commission.
• 48.(1) The Chairperson and members of the Tribunal shall hold office for a term of three years and shall be eligible tobeappointed foronefurther term.
• (2) The chairperson and members of the Tribunal shall serve on a part time basis.

49. A person who is appointed as a member of the

• Tribunal shall, before assuming the duties of the office, take oath of office in the manner set out in the Second Schedule.

50. The Chairperson and the members of the Tribunal shall be disciplined or removed from office on grounds and in accordance with the provisions of the Third Schedule to the Judicial Service Commission Act,2011.

• 51.(1) The Judicial Service Commission shall appoint such staff of the Tribunal as may be necessary for the proper functioning of the Tribunal and in accordance with the Judicial Service Act, 2011.

Establishment of Technopolis Dispute Resolution Tribunal.

Term of office.

Oath of Office.

Discipline and removalof members.

No.1of2011

Staffofthe Tribunal.

No.1of2011.

• (2) Without prejudice to subsection (1), the Judicial Service Commission may second staff to the Tribunal as may be necessary for the performance of the functions of

2. the Tribunal. 3. 52.The expenses of the Tribunal shall be paid out of the Judiciary Fund. 53. (1) The chairperson of the Tribunal shall be 5. responsible for ensuring the orderly and expeditious discharge of the business of the Tribunal.

• (2) Without prejudice to the generality of subsection

7. (1), the chairperson may give directions relating to the 8. (a) arrangement of the business of Tribunal; 9. (b) the places and time at which the Tribunal may sit generally; and 10. (c) the procedure of the Tribunal at a particular place. 54. (1) For the purposes of hearing and determining 12. any matter before the Tribunal, three members shall form a wnonb

• (2) Where the chairperson is absent, the members shall

14. designate one of the members to preside over a matter. 55. The Tribunal shall have jurisdiction to hear and determine appeals from a decision of the Authority in relation to licensing,issuance of development permits and an enforcement decision made under the Act. 16. 56.Anyperson aggrieved by a decision of the Authority in relation to licensing, issuance of development permit or enforcement decisions under the Act may appeal to the Tribunal,within thirty days from the date on which 17. the decision was communicated to the person. 18. 57(1) The Tribunal shall regulate its own procedure in 19. hearing and determining appeals.

• (2) In exercise of its jurisdiction, the Tribunal shall not be bound by the strict rules of the Evidence Act and the

21. Civil Procedure Act. 22. 58.(1) The Tribunal may 23. (a) by notice, summon any person to appear before it

Expenses of the Tribunal.

Arrangementof business.

Quorum.

Jurisdiction of the Tribunal.

Appealstothe Tribunal.

Procedure before the Tribunal. Cap80 Cap21

Powers of the Tribunal.

• to give evidence; or
• (ii) to produce a document or things specified in
• the summons;
• (b) administer an oath or solemn affirmation;
• (c) question any person or have that person
• questioned; and
• (d) retain a document produced in the course of the
• proceedings.
• (2) For the hearing of proceedings before the Tribunal,
• professional with expertise on the relevant matter or an advocate.
• 59 (1) Upon hearing an appeal, the Tribunal may
• (a) confirm or set aside the order or decision of the Authority in question;or
• (b) make such other order, as it may deem just.
• (2) A decision of the Tribunal shall be by a majority vote of thememberspresent.
• (3) A decision of the Tribunal shall be enforced in the
• same manner as a decision of a Magistrates Court.

60. Any party to proceedings before the Tribunal who is dissatisfied with a decision of the Tribunal may,within thirty days of the decision, appeal to the High Court. 61. The Chief Justice may make rules governing the

• practice and procedure of the Tribunal.

PARTIX-GENERALPROVISIONS

62. (l) An incentive granted for special economic zone under the Special Economic Zones Act, 2015 or any other written law shall apply to the Authority and any person in a Technopolis.

• (2) In addition to the incentives under subsection (1), the Cabinet Secretary may, by notice in the gazette, grant incentives to investors operating in a Technopolis.

63. (1) Any person who 4. (a) knowingly provides false information to the Authority in making an application or during enforcement;

Decisions of the Tribunal.

Appeal against decision of the Tribunal.

Rules ofthe Tribunal.

Incentives. No.16 of2015.

Offences.

• (b) fails to comply with a directive of the Authority within the specified period;or
• (c) obstructs the Authority in exercise of its functions,

commits an offence and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceedingtwoyears orboth.

• 64.A person who commits an offence under this Act, shall, on conviction,be liable to a fine not exceeding five million shillings or to imprisonment for a term not exceeding five years orboth.

PART X-PROVISIONS ONDELEGATED POWERS

• 65.(l) The Cabinet Secretary may make such regulations as may be necessary for the better carrying into effect the provisions of this Act.
• (2) Without prejudice to the generality of the foregoing, the regulations made under this section may provide for-
• (a) planning, development control and governance of
• a Technopolis;
• (b) complaint procedures and general enforcement of the Act;
• (c) levying of fees, costs and any other charges; and
• (d)any other matter to give full effect to the
• provisions of the Act.

PARTXI-TRANSITIONALAND SAVING

PROVISIONS

• 66.(1) In this Part,"former Authority"means the Konza Technopolis Development Authority established under the Konza Technopolis Development Authority Order,2012.
• (2) On the commencement date of this Act
• (a) all contracts,rights, duties,obligations,assets and liabilities of the former Authority shall vest to the Authority;
• former Authority in exercise of its functions shall

General penalty.

Regulations.

Transitional and

saving.

L.N.23of2012.

• be taken to have been issued by the Authority under this Act;
• (c) all actions, suits or legal proceedings pending by or against the former Authority shall be carried on or prosecuted by or against the Authority;
• (d)a member of the Board of the former Authority in office,shall continue to be a member of the Board of the Authority as though appointed under this Act and shall serve the remainder of their term;
• (e) the Chief Executive Officer of the former
• Authority in office, shall continue to serve as the Chief Executive Officer of the Authority as though appointed in accordance with this Act and shall serve the remainder of their term;
• (f) the staff of the former Authority shall transition to be the staff of the Authority on the same terms and conditions of service;and
• (g) the pension scheme established by the former Authority shall be the pension scheme of the Authority.
• 67.The Konza Technopolis Development Authority
• Order,2012 is revoked.

DMVAZGMAIAVDT

0112

Revocation of L.N.23of2012

FIRST SCHEDULE

(s.10)

CONDUCTOFBUSINESSAND AFFAIRS OFTHE

BOARD

• 1.(l) The Board shall meet not less than four times in every financial year and not more than three months shall lapse between the date of onemeeting and the date of the next meeting.
• (2)Notwithstanding subparagraph (1),the Chairperson may,on their own motion,or upon request in writing by at least three members of the Board,convene a special meeting of the Board at any time where he deems it expedientfor the transaction of the business of the Board.
• (3) The quorum for the conduct of the business of the Board shall be two thirds of the total members of the Board.
• (4) Unless at least two thirds of the 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.
• (5) The Chairperson shall preside at every meeting of the Board but the members present shall elect one of their numbers to preside whenever the Chairperson is absent, and the person so elected shall have all the powers of the Chairperson with respect to that meeting and the business transacted thereat.
• (6) Unless a unanimous decision is reached,a decision on anymatter before the Board shall be by a majority of the votes of the members present and voting, and in case of an equality of votes, the Chairperson or the person presiding shall have a castingvote.
• (7) A written resolution approved by two thirds of the members of the Board shall constitute a valid resolution of the Authority as if it were duly passed at a validly constituted meeting of the Board.
• (8) Subject to subparagraph (3),no proceedings of the Board shall be invalid by reason only of a vacancy among the members thereof.

Meetings

• 2.(1) The Board may establish such committees as it
• may deem appropriate to perform such functions and responsibilities as itmay determine.
• (2)The Board shall appoint the chairperson of a committee establishedunder subparagraph (a)from amongst its members.
• (3) The Board may where it deems appropriate,co-opt any person to attend the deliberations of any of its
• committees.
• (4) All decisions by the committees appointed under subparagraph (l) shall be subject to approval by the Board.
• 3.(1) A member of the Board who has an interest in practicable after the commencement,disclose the fact
• any contract, or other matter present at a meeting of the Board shall at the meeting and as soon as reasonably thereof 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 subparagraph
• (1) shall be recorded in the minutes of the meeting at which it is made.
• (3)A member of the Board who contravenes
• subparagraph (1) commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings and removal from the Board by the appointing authority.
• 4.The Board shall cause minutes of all resolutions and proceedings of meetings of the Board and the Board committees to be entered in books kept for that purpose.

Committees.

Disclosure of Interest.

Minutes.

SECONDSCHEDULE

(s.49)

OATH/AFFIRMATION OF OFFICE BY MEMBERS OF THE TRIBUNAL.

having been appointed the Chairperson/ member of the Tribunal, do swear/affirm that I will be true and faithful to the best of my ability and power in the execution of the trust committed to my charge and inspection in the services of the Tribunal.

Name

Date.

Signature.

MEMORANDUM OFOBJECTSAND REASONS

Statement of objects and reasons for the Bill

The objective of this Bill is to provide a comprehensive framework

for the establishment of a Technopolis in Kenya and to create the Technopolis Development Authority which will be responsible for the development, governance, planning, management, improvement, and maintenance ofevery Technopolis established.

The Kenya Vision 2030 outlines the strategic intent of Kenya to transition into a knowledge-based economy. To achieve this goal, it is crucial to establish seamless flows of information and knowledge between academia and the enterprise sector. The Government recognizes the need to take a leadership role in creating an environment that fosters this flow of knowledge. The establishment of the Technopolis and the role of the Technopolis Development Authority will drive the country towards achieving its economic and development objectives, as outlined in Kenya Vision2030.

PART I(Clauses 1-3)of the Bill containspreliminary provisions.

• PART II (Clauses 4-15) of the Bill establishes the Technopolis Development Authority whose primary function is to develop and manage a Technopolis. This Part also provides for the Board of the Authority, qualifications for appointment for the Chief Executive Officer and his functions and for the office of Corporation Secretary of the Authority.
• PART IlI (Clauses 16-21) provides for the establishment of a Technopolis by the Cabinet Secretary through a notice in the Gazette and for the development of a high technology innovation system at a Technopolis by the Authority.
• PART IV (Clauses 22-27) of the Bill contains provisions for development control in a Technopolis and for the application, approval and revocation of a development permit.
• PART V (Clauses 28-36) contains licensing provisions. This Part further provides for the application, approval and revocation of a licence to operate in a Technopolis.
• PART VI (Clauses 37-40) of the Bill contains enforcement provisions including sanctions fornon-compliance with the Act.

PART VII (Clauses 41-46) of the Bill contains financial provisions, including sources of monies for the Authority,annual estimates'and financial reporting mechanisms.

PART VIlI (Clauses 47-61) of the Bill contains provisions relating to the Technopolis Dispute Resolution Tribunal. The Tribunal is established to determine appeals from decisions of the Authority on licensing, development control and any enforcement decision. This Part allows appeals to be made from decisions of the Tribunal to the High Court within thirty days.

PART IX (Clauses 62-64) of the Bill contains general provisions. applicable toa

These include provisions relating to incentives Technopolis,and general offences as well as penalties.

PART X (Clause 65) of the Bill contains the provisions on delegated powers.

PART XI (Clauses 66-67) of the Bill contains transitional and saving provisions.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill delegates legislative powers to the Cabinet Secretary

responsible for matters relating to information communication and technology to make regulations to operationalize theprovisions of the Bill. The Bill doesnot limit fundamental rights and freedoms.

Statement as to whether the Bill is a money Bill within the meaning of

Article 114 of the Constitution

The Bill is a money Bill in terms of Article 114 of the Constitution.

The enactment of this Bill will occasion additional expenditure ofpublic funds as it seeks the appropriation of monies by National Assembly towards the funds of the Authority.

Statement as to whether the Bill concerns a County Government

This Bill concerns county governments in terms of Article 11o (l) (a)

of the Constitution as it affects the functions and powers of county governments as set out in the Fourth Schedule to the Constitution.

The power given to the Authority to issue licences to operate a business in a Technopolis is a function of the county governments as provided for in Paragraph 7 (b) of Part 2 of the Fourth Schedule.

Dated the12th January,2024.

KIMANIICHUNG'WAH,

Leader of Majority Party.