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Documente Cultură
19. Accreditation
20. Special Envoys
21. Allowances and Benefits
PART IVPROVISIONS OF GENERAL APPLICATION
TO ALL OFFICERS
22. Exemption from customs duty and other taxations.
23. Privileges
and
Immunities
of
Kenyan
Diplomat,
1.
2.
3.
The legal basis for the Foreign Service of the Republic of
Kenya is founded on the
(a) Constitution of Kenya;
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4.
(1) There is hereby established a Foreign and Diplomatic
Service of the Republic of Kenya.
(2) The Foreign Service shall
(a) be headed by a Cabinet Secretary who shall be
responsible for the general conduct and functioning of
the service;
(b) be a service within the security Sector of the Kenyan
Government;
(c) be an integral part of the Kenyan Public Service;
(d) consist of political and technical officials in the ministry,
and attachs .
Guiding
principles and
values.
Functions of the
Foreign Service.
5.
In the performance of its function the Foreign Service
shall be guided by the national values and principles of governance
enshrined in the Constitution.
6.
(a)
(b)
(c)
(d)
(e)
Recruitment
8.
Recruitment and career progression in the Foreign
Service shall be in accordance with prevailing civil service regulations.
Deployment of
foreign service
Officers.
9.
(1) Deployment of Foreign Service Officers to serve
outside Kenya shall be in accordance with Foreign Service Regulations.
(2) Officers deployed to serve in Kenya missions abroad under
this article shall be answerable to the Head of Mission and shall be
governed by Foreign Service Regulations in the performance of their
functions.
Foreign Service
Regulations
Establishment of
Missions.
10.
The Cabinet Secretary shall formulate and gazette the
Foreign Service Regulations, which shall be reviewed from time to time
as deemed necessary.
11.
(1) The Government, upon recommendation of the
Ministry, shall establish Diplomatic missions, consular posts and
permanent missions to International Organisations in accordance with
the provisions of the Vienna Convention on Diplomatic Relations, 1961,
the Vienna Convention on Consular Relations, 1963, and the provisions
of Treaties and Conventions establishing International Organisations.
(2) A decision to establish a mission abroad shall be made by
the Cabinet on recommendation of the Cabinet Secretary.
(3) Strategic national interests and security shall be the guiding
principles in the establishment of diplomatic missions and other Foreign
Service establishments maintained by the Ministry. The guiding factors
shall include the following
(a) economic, trade and investment considerations
(b) the presence of a considerable number of Kenyan nationals in
the host country.
(c) political and security interests of Kenya.
(4) The Cabinet Secretary shall define the territorial representation
limits of any consular post.
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Closure or
downgrading of
missions.
Categorisation of
Missions
Abroad.
Categories of
Heads of
Mission.
14.
namely
categories
15.
(1) Honorary Consuls to foreign countries may be
appointed by the Cabinet Secretary to serve
Functions of
Diplomatic and
Consular
Missions.
Functions of a
Mission to an
International
Organisation.
16.
(1) In accordance with the 1961 Vienna Convention on
Diplomatic Relations and the 1963 Vienna Convention on Consular
Relations, the functions of a Diplomatic or Consular Mission of Kenya
shall be as follows
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
17.
(1) A Kenyan Mission to an International Organisation
shall be responsible in the performance or facilitating the performance
or fulfilment of Kenyas obligations or functions arising from the
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Accreditation
19.
A High Commissioner or Ambassador may be accredited
to one or more states and/or international Organisations.
Special Envoys
20.
(1) The President may where necessary appoint Special
Envoys to perform specific functions.
(2) The Cabinet Secretary shall formulate regulations to provide
for the terms and conditions applicable to the office of the special
envoy.
PART IVPROVISIONS OF GENERAL APPLICATION TO
ALL OFFICERS
Allowances and
Benefits
21.
A person deployed to serve in a Diplomatic mission
Consular mission or a Permanent Mission to an International
Organization shall be entitled to be paid such allowances and benefits as
may be provided for in the Foreign Service Regulations.
Exemption from
customs duty and
other taxations
22.
(1) All household and personal effects and one motor
vehicle for personal use by an Officer returning to Kenya on completion
of a tour of duty and or recall before completion of the requisite period
shall be exempt from customs duty and other taxes.
(2) In the alternative, returning Officers shall have the option to
purchase free of duty, one motor vehicle for personal use locally or from
a third country within ninety days of their return to Kenya.
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(3) A second car for the Officers spouse will qualify for
exemption from duty and other taxes under the relevant section of the
Customs Act.
Privileges and
Immunities of
Kenyan
Diplomat,
Accompanying
spouse and
children
23.
An Officer or an accompanying spouse or dependent
child shall not during tour of duty be deprived of any of their privileges,
immunities, allowances, benefits or any form of status expressly provided
for in the relevant treaty or convention unless with express written
authority of the Cabinet Secretary or by a person acting on his/her
express authority.
Diplomatic
Passport.
24.
A diplomatic passport is a travel document identifying
the holder and certifying that the holder is entitled to its use. A
diplomatic passport shall be issued, replaced, cancelled or withdrawn in
accordance with the relevant law.
25.
(1) There is established under the Ministry anInstitute to
be known as the Foreign Service Institute of Kenya.
(2) The Institute 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) purchasing or otherwise acquiring, holding, charging and
disposing of movable and immovable property in and out
of Kenya;
(c) borrowing or receiving grants; and
(d) doing or causing to be done or performing all such other
things or acts for the proper performance of its functions
under this Act, as may be lawfully done or performed by a
body corporate.
Composition
the Board.
of
26.
(1) The Institute shall be administered by a Board of
Management which shall consist of eight (8) members as follows:
(a)
General
of
the
Kenya
school
of
27.
(1) The Ministry shall be kept abreast of the conduct and
regulation of the business and affairs of the Board.
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28.
foreign
29.
(1) The Board shall have all powers necessary for the
proper performance of the functions of the Institute under this Act.
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30.
The Board shall pay its members such remuneration, fees
or allowances as it may be determined from time to time by SRC.
Executive
Director.
31.
(1) There shall be an Executive Director of the Institute
who shall be competitively recruited and appointed by the Cabinet
Secretary, on recommendation by the Board.
(2) Executive Director shall serve for a contract period of five (5)
years renewable once on such terms and conditions as the Board may
determine.
Qualifications of
Executive
Director.
32.
No person shall be appointed under this section unless
such person(a) is a holder of a postgraduate degree in international
studies, international relations, international law or
economics from a recognized university;
(b) has at least ten years post graduate working experience in
a relevant area.
Functions of
Executive
Director.
33.
34.
(1) The common seal of the Institute shall be kept in such
custody as the Board may direct and shall not be used except on the
order of the Board.
(2) The affixing of the common seal of the Institute shall be
authenticated by the signature of the Chairperson and the Executive
Director 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
both the Chairperson and the Executive Director.
(3) Notwithstanding the provisions of subparagraph
(2) the
Board shall, in the absence of either the Chairperson or the Executive
Director in a particular matter, nominate one member to authenticate
the seal on behalf of either the Chairperson or the Executive Director.
(4) The common seal of the Institute 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.
Staff of the
Institute.
35.
The Board may appoint such Officers and other staff as
may be necessary for the proper discharge of the functions of the
Institute under this Act, upon such terms and conditions of service as it
may determine upon the advice of the Salaries and Remuneration
Commission.
Delegation by the
Board.
36.
The Board may, by resolution either generally or in any
particular case, delegate to any committee or member of the Board or to
any Officer, employee or agent of the Institute, the exercise of any of the
powers or the performance of any of the functions or duties of the
Institute under this Act or under any other written law.
Liability from
loss.
37.
(1) The Board or members of staff shall not be liable for
loss or damage sustained by any person as a result of any action or
omission done or made in good faith and without negligence in the
performance of any duty or power conferred by this Act.
(2) Any expenses incurred by any person in any suit or
prosecution brought against that person in any court in respect of any
act which is done or purported to be done by that person under the
direction of the Board shall, if the court holds that such act was done in
good faith, be paid out of the general funds of the Board unless such
expenses are recovered by him in such suit or prosecution.
PARTVIFINANCIAL PROVISIONS
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Funds of
Institute.
the
38.
Financial year.
39.
The financial year of the Institute shall be the period of
twelve months ending on the thirtieth June in each year.
Annual
Estimates.
40.
(1) At least three months before the commencement of
each financial year, the Board shall cause to be prepared estimates of the
revenue and expenditure of the Institute for that year.
(2) The annual estimates shall make provision for all estimated
expenditure of the Institute for the financial year and in
particular, the estimates shall provide for
(a) the payment of the allowances and other charges in
respect of members of the Board;
(b) the payment of salaries, allowances, pensions, gratuities
and other charges in respect of the staff of the Institute;
(c) the proper maintenance of the buildings and grounds of
the Institute;
(d) the maintenance, repair and replacement of the
equipment, machinery and other property of the Institute
and
(e) the creation of such reserve funds to meet future or
contingent liabilities in respect of retirement benefits,
insurance or replacement of buildings or equipment, or in
respect of such other matter as the Board may deem
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appropriate.
(3) The annual estimates shall be approved by the Board before
the commencement of the financial year to which they relate and shall
be submitted to the Cabinet Secretary for approval and after the Cabinet
Secretarys approval, the Board shall not increase the annual estimates
of the Institute without the consent of the Cabinet Secretary.
Accounts and
audit.
41. (1) The Board shall cause to be kept all proper books and records of
accounts of the income, expenditure and assets of the Institute.
(2) Within a period of four months from the end of each
financial year, the Board shall submit to the Auditor-General or to an
auditor appointed under this section, the accounts of the Institute
together with:(a) a statement of the income and expenditure of the Institute
during that year; and
(b) a balance sheet of the Institute on the last day of that year.
(3) The accounts of the Institute shall be audited and reported
upon in accordance with the Public Financial Regulations.
PART VII MISCELLANEOUS PROVISIONS
Management of
Ministry Assets.
Emergency
evacuation.
43.
The National Treasury shall provide funds from the
Consolidated Fund or reimburse the Ministry for any expenses incurred
in conducting emergency evacuations of Kenyans abroad.
Foreign
exchange
fluctuations
44.
The National Treasury shall compensate the Ministry for
any loss incurred resulting from foreign exchange adjustment, from
monies sent to its missions abroad.
Power to make
Regulations
45.
The Cabinet Secretary shall have powers under this Act
to make Regulations to govern the proper administration of the Foreign
and Diplomatic Service. The Regulations made under this Act shall be
by an order published in the Kenya Gazette and shall become a schedule
to this Act.
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