ADVOKS GLOBAL · KENYA
Fisheries Management and Development Act
13. Disclosure of interest
Edition: 2026-07-10 · In force
13. Disclosure of interest
(1)A member of the Board shall declare his or her interest in any matter falling within the functions of the Board in which the member of the Board knows or ought to have reasonably known that an interest exists as defined in subsection (5).(2)A member who has an interest shall, after the relevant facts have come to his or her knowledge, immediately disclose the nature of his or her interest to Board members through the Chairperson.(3)The disclosure given under subsection (2) shall be recorded in the minutes of the Board meeting at which the disclosure is made, or the first Board meeting which follows the disclosure, and the member shall—(a)not take part, after the disclosure, in any matter under consideration by the Board which relates to the interest, including any deliberation or decision of the Board;(b)be disregarded for the purpose of constituting a quorum of the Board for any deliberation or decision referred to in subsection (a).(4)A person has an interest in a matter where that person—(a)could benefit directly or indirectly from a decision on a matter over which he or she has influence or control, or if a matter over which that member has influence or control relates in any way to—(i)a business or property the member directly or indirectly owns or controls;(ii)a business or property owned or controlled, directly or indirectly, by a family member;(iii)a business or property in which the member has a beneficial interest of any kind, whether through a trust or otherwise;(b)is party to, or will or may derive a material financial benefit from the matter;(c)has a material financial interest in another party to the matter;(d)is a family member of a person who will or may derive financial benefit from the matter; or(e)is otherwise directly or indirectly materially interested in the transaction.(5)In this section, the following terms shall have the meanings stated—"benefit" means gain or advantage of any kind, and shall include financial gain, property, service, or improvement of condition;"business" means businesses of any kind whether situated in the Republic of Kenya or elsewhere and whether incorporated or not;"family member" means a parent, brother, sister, spouse, cousin, aunt, uncle, nephew, niece or child including a person who is adopted legally or for whom care was given by the member such that there exists a relationship in the nature of parent and child, and shall also mean a spouse of any person referred to in this definition and their children and any other member of a person's immediate family;"interest" means either direct ownership of, indirect ownership of, shares in financial benefit from, remuneration, fees or commissions from, or complete or partial control of, such property or business;"member" or "member of the Board" means any member of the Board of Directors;"property" means real or personal property of every description whether situated in the Republic of Kenya or elsewhere.