The County Statistics Bill, No. 5 of 2024

SPECIAL ISSUE

Kenya Gazette Supplement No. 40 (Senate Bills No. 5)

REPUBLIC OF KENYA

KENYA GAZETTESUPPLEMENT

SENATE BILLS, 2024

NAIROB1, 28th February, 2024

CONTENT

| Bill forIntroductionintotheSenate- | PAGE | |--------------------------------------|--------| | The County Statistics Bill, 2024 | 51 |

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Clause

PART I - PRELIMINARY

• 1 -Short title.
• 2 —— Interpretation.

PART H -.ESTABLISHMENT OF THE COUNTY

STATISTICS OFFICE

• 3-County statistics. office.
• 4 -—-Functions of the office.
• 5 --County statistician.
• 6-Removal from office.
• 7 -—Staff of the office.

PART HI-INTERGOVERNMENTAL TECHNICAL COMMITTEE ON STATISTICS

• 8—Technical Committee.
• 9-Functions of the Technical Committee.
• 10-Meetings of the Technical Committee.

PARTIV-STATISTICALINFORMATION

• 11 - Coordination between governments.
• 12—Power to obtain information.
• 13-- Code of practice.
• 14 --Conduct of surveys by private institutions.
• 15—Confidentiality and disclosure.
• 16 -- Statistician to give information.
• 17 --Dissemination and access.

PARTV-MISCELLANEOUSPROVISIONS

• 18—Annual reports.
• 19—Offences and penalties.
• 20-Regulations.
• 21—Amendment to Cap. 112

SCHEDULE CONDUCTOEBUSINESSAND AFFAIRSOFTHECOMMITTEE

THE COUNTY STATISTICS BILL,2024 ARRANGEMENT OF CLAUSES

THE COUNTY STATISTICS BILL, 2024

A Bill for

AN ACT of Parliament: to provide a framework for the collection, compilation, analysis and dissemination of statistical information; to establish a county statistics office; to establish the office of the county

statistician; and for connected purposes.

ENACTED by the Parliament of Kenya, as follows-

PART I - PRELIMINARY

1. This Act may be cited as the County Statistics Act, 2. Short title. 2024. 2. In this Act, -

"Cabinet Secretary" means the Cabinet Secretary responsible for matters related to statistics;

"county executive committee member" means the county executive committee member responsible for matters related to statistics;

""county public service board" means the county public service board established under section 57 of the County

Governments Act:

"county statistical system" means-

• (a) the producers of statistics including departments in
• the county executive government:
• (b) data users;
• (c) data suppliers; and
• (d) research institutions:

"county statistician" means the county statistician

appointed under section 5;

"Bureau" means the Kenya National Bureau of Statistics established under section 3 of the Statistics Act:

means the County Statistics Office

"Office" established under section 3;

"official body" means-

Interpretation.

No.17 of 2012.

No.4 of 2006.

• (a) a body corporate or other body established for a public purpose by or under an Act of Parliament or an Act of a county assembly; or
• (b) the holder of an office established for public purposes by or under an Act of Parliament or an Act of a county assembly.

"statistics" ' means aggregated numerical information relating to demographic, economic, financial, environmental, social or similar matters, at national or county level, which is compiled and analysed according to

relevant scientific and statistical methodology;

"statistical information' means --

• (a) in the case of the Bureau, information collected by the Bureau, for purposes of the Statistics Act; and
• (b) in the case of the office, information collected by the office, for purposes of this Act; and

"Technical Committee" means the Intergovernmental Technical Committee on Statistics established under section 8.

PART II-ESTABLISHMENT OF THECOUNTY STATISTICSOFFICE

3. There is established in every county, a county statistics office. 4. (1) The county statistics office shall be responsible for -- 3. (a) collecting, compiling, analyzing, abstracting and disseminating statistical information on the matters set out in Part 2 of the Fourth Schedule to the 4. Constitution; 5. (b) maintaining a comprehensive and reliable socioeconomic information database relating to the 6. respective county; 7. (c) co-ordinating the compilation and dissemination of statistics and related information in the respective county with particular regard to--

• i) the avoidance of duplication in the collection of statistical information;

County statistics

Office.

Functions of the

Office.

• (i) the attainment of compatibility and the integration of statistics compiled by official bodies; and
• (iii) the maximum possible utilizationfor statistical purposes of information and means of collection of information available to
• official bodies.
• (d) advising the respective county government on all matters related to the use and development of
• statistical information:
• (e) serving as liaison between the national and county governments on matters relating to statistics;
• (f) co-ordinating the county statistical system;
• (g) monitoring the technical
• quality of official statistics within the county;
• (h) promoting adherence to good practices and the recommendations of the Bureau; and
• carrying out all other functions relating to county statistics under any other law;
• (2) The Office shall, in carrying out its responsibilities under subsection (l) be guided by statistical standards and use appropriate methodologies approved by the Bureau.

5. (1) There shall be a county statistician who shall be recruited competitively and appointed by the respective county public service board on such terms and conditions as the County Public Service Board. shall determine.

• (2)The county statistician shall be paid such
• remuneration and emoluments as the County Public Service Board. on the advice of the Salaries and Remuneration Commission, shall determine.
• (3) The county statistician shall be the head of the Office and shall be responsible to the county executive committee member for ---
• management of the Office including the administration of funds allocated to
• (a) the day-to-day the Office:
• (b) the management of the staff of the Office;

County statistician.

• (c) overseeing and co-ordinating the implementation of the policies, programmes and objectives of the
• Office;
• (d) the preparation of the following documents for the approval of the county executive committee
• member--
• (i) the strategic plan and annual plan of the Office; and
• (ii) the annual budget of the Office; and
• (e) the performance of any other duty that may be assigned to the county statistician by the county executive committee member.
• (4) A person is qualified for appointment as the county statistician if the person——
• (a) meets the requirements of Chapter Six of the Constitution;
• (b) holds at least a degree in statistics, information technology, economics, social sciences or mathematics; and
• (c) has at least five years' experience in
• administration.

6. The county statistician may be removed from office by the county public service board in accordance with the procedure for removal of county public service officers. 7. The county public service board in consultation persons or designate such public officers as may be necessary to serve in the Office for the proper functioning of the Office.

PARTII-INTERGOVERNMENTALTECHNICAL COMMITTEE ONSTATISTICS

8. (1) There is established a technical committee to be known as the Intergovermmental Technical Committee on Statistics comprising-- 2. (a) the Principal Secretary in the Ministry responsible for statistics who shall be the chairperson;

Removal from

Office.

Staff of the Office.

Technical Committee.

• (b) one county executive committee member responsible for statistics nominated by the Council of County Governors;
• (c) one county statistician nominated by the Council of County Governors;
• (d) three persons appointed by the Cabinet Secretary from entities recognized by the government as
• representing--
• (i) statisticians;
• (ii)
• research institutions; and
• (iii)
• public universities;
• (e) one person nominated by the National Council for Population and Development; and
• (f) the Director-General of the Bureau or an officer designated in writing by the Director-General who
• shall be the secretary to the Technical Committee.
• (2) The Director-General shall be an ex-officio
• member of the Technical Committee and shall have no right to vote at any meeting of the committee.
• (3) The persons nominated under subsections (1)(d) and (e) shall --
• (a) be appointed by the Cabinet Secretary by notice in the Gazette; and
• (b) serve on a part-time basis for a term of three years renewable for one further term.
• (4) The Cabinet Secretary shall appoint the members of the Technical Committee under subsections (1)(d) and
• (e).
• (5) The Cabinet Secretary shall provide the Technical
• Committee with such facilities and other support as it may require for the discharge of its functions.

9. The Technical Committee shall

• (a) develop strategies which shall ensure uniform
• standards, policies and methodologies amongst the various offices of county statistician;

Functions of the Technical Committee.

• (b) examine and make recommendations on the formulation and implementation of statistical programmes of the Office on an annual basis;
• (c) develop aframework for the vertical and horizontal co-ordination of the Office in the counties and the Bureau; and
• (d) co-ordinate the harmonization of national and county policies and methodologies relating to
• statistics.

10. The Technical Committee shall conduct its business and affairs in accordance with the provisions in the Schedule.

PARTIV-STATISTICALINFORMATION

• 11.(l) The National Government and the county governments shall consult and cooperate with each other in the performance of their functions including the collection, analysis, dissemination and use of statistical information.
• (2) The Bureau and the Office shall, pursuant to the Access to Information Act, ensure that the statistics held by the Bureau and the Office are accessible to members of the
• public.
• 12.(1) The Office shall collect statistics relating to any of the matters within the functional areas of the county governments as set out in the Constitution.
• (2) In the execution of the functions under subsection (1), the county statistician may --
• (a) by notice in writing require a person to--
• (i) furnish in such form, time and manner as may
• be specified in the notice, any information, estimates, return or particulars of a matter relating to any particulars; or
• (ii) complete a form contained in the notice setting out particulars of any matter specified in Part 2 of the Forth Schedule to the Constitution; and
• (b) interview a person on the information submitted
• under paragraph (a);

Conduct of the affairs of the Technical

business and Committee.

Co-ordination

between governments.

No.31 of 2016.

Powertoobtain

information.

• (c) fails to furnish any information, estimate, return or particulars which that person is required to furnish
• under this Act:
• (d) recklessly or willfully makes a false statement in the course of furnishing any information, estimate, return or particular required by the county statistician;or
• (e) fraudulently or wilfully gives inaccurate or false statistical information to an officer appointed
• under this Act.

20. (1) The county executive committee member may

• make regulations for the better carrying out of the provisions of this Act.
• (2) Without prejudice to the generality of subsection (1), the county executive committee member may make
• regulations prescribing -
• (a) the forms and manner in which returns may be made under this Act: and
• (b) any fees payable under this Act.
• 21.Section 18 of the Statistics Act is amended in subsection (l) by deleting the words ", or local appearing immediately before the words "level shall'.

SCHEDULE

(s.10)

CONDUCTOFBUSINESSANDAFFAIRSOF THE

COMMITTEE

1. (l) The Technical Committee shall meet at such place in Kenya as the chairperson may determine and the meetings shall be convened by the chairperson.

• (2) The Technical Committee shall have at least two meetings in every financial year.
• (3) Unless three quarters of the members otherwise agree, at least seven days' notice in writing of a meeting

4. shall be given to every member by the secretary.

• (4) The chairperson may. at his or her discretion or at

6. the written request made by at least half of the members of the Technical Committee and within seven days of the

Regulations.

Amendment to Cap. 112.

Meetings.

request, convene an extraordinary meeting at such time and

place and he or she may appoint.

• (5) Meetings shall be presided over by the chairperson

2. or in his or her absence by the vice-chairperson.

• (6) The members of a Technical Committee shall elect a vice-chairperson from among themselves-

4. (a) at the first sitting of the Technical Committee; and 5. (b) whenever it is necessary to fill the vacancy in the office of the vice-chairperson.

• (7) Where the chairperson or vice-chairperson is

7. absent, the members shall appoint from among themselves, a person to chair the meeting of the Technical Committee.

• (8) The Technical Committee may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any

9. decision of the Technical Committee. 2. (1) If any person has a personal or fiduciary interest 11. in a project, proposed contract or any matter before the Technical Committee, and is present at a meeting of the Technical Committee at which any matter is the subject of consideration, that person shall as soon as is practicable after the commencement of the meeting, declare such interest and shall not take part in any consideration or discussion of, or vote on any question touching such 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. (1) Subject to subparagraph (2), the quorum of the 15. meeting shall not be less than half of the appointed members of the Technical Committee.

• (2) Where the persons present at a meeting of the

17. Committee do not constitute the quorum necessary to hold a meeting under this Act or where by reason of exclusion of

Conflictof

interest.

Quorum.

Part IV provides for collection, access to and usage of statistical information, in line with the Access to information Act. This shall protect the integrity of the statistical data relating to a county.

Part V contains the miscellaneous provisions.

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

Clause 28 of the Bill provides that the county executive committee member may make Regulations with the approval of the county assembly. The Bill therefore delegates legislative powers to the county executive committee member for purposes of implementation of the objectives of the Bill. The Bill however does not limit fundamental rights and freedoms.

Statement on how the Bill concerns county governments

Part 2 of the Fourth Schedule to the Constitution provides for county statistics as one the functional areas of county governments. The Bill therefore concerns county governments in terms of Articles 110 (l) (a) of the Constitution in that it contains provisions that affect the functions and powers of the county governments as set out in the Fourth Schedule to the Constitution.

Statement that the Bill is not a money Bill within the meaning of Article 114 of the Constitution

This Bill is not a money Bill within the meaning of Article 114 of the

Constitution.

Dated the 19th February, 2024.

ROBA ALI,

Senator.