ADVOKS GLOBAL · KENYA
Kenya Medical Training College Act
9. The Board of Directors
Edition: 2022-12-31 · In force
9. The Board of Directors
(1)The Board shall comprise the following—(a)Chairperson appointed by the President who shall—(i)have a minimum of a bachelors' degree in a relevant field from a university recognised in Kenya; and(ii)have at least ten years' experience in leadership and management;(b)the Chief Executive Officer who shall be an ex officio member;(c)the Principal Secretary in the Ministry for the time being responsible for health or their designated representative;(d)the Principal Secretary in the Ministry for the time being responsible for National Treasury or their designated representative;(e)the Director-General of Health or their designated representative;(f)three independent members appointed by the Cabinet Secretary taking into consideration gender balance, regional balance and skills mix; and(g)one person with knowledge and expertise in finance or audit appointed by the Cabinet Secretary.(1A)The Chairperson shall preside over all meetings of the Board of Directors and in his or her absence the members present shall choose one of the members to act as the Chairperson.(1B)A person appointed to act as Chairperson shall have all the powers and privileges of the Chairperson in respect of the meeting at which he or she presides.(1C)The Board of Directors shall meet at least once every three months.(1D)Each member of the Board of Directors shall have a deliberative vote and the Chairperson for the time being at any meeting of the Board shall, in addition to the deliberative vote have a casting vote.(1E)Two-thirds of the members of the Board of Directors, including the Chairperson, shall constitute a quorum at any meeting of the Board, and all acts, matters or things authorized or required to be done by the Board of Directors, may be decided at any meeting at which a quorum is present.(1F)The powers of the Board of Directors shall not be affected by any vacancy in membership thereof.(1G)The Chief Executive Officer shall be a member without voting rights.(1H)The Board of Directors may constitute committees to perform the following functions—(2)Subject to subsection (3), a member of the Board of Directors, other than an ex officio member, shall hold office for a period of three years from the date of appointment specified in the instrument of appointment, but shall be eligible for reappointment for one further term.(3)The office of a member of the Board of Directors shall become vacant—(a)if, not being an ex officio member—(i)he resigns from office by writing to the appointing authority;(ii)he is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine;(iii)he is absent, without permission of the Board of Directors, from three consecutive meetings;(b)if the Board of Directors is satisfied that such member is, by reason of physical or mental infirmity, unable to exercise the functions of his office;(d)upon adjudication of bankruptcy by a court of competent jurisdiction;(e)upon conviction of an offence related to fraud; or(f)upon the conviction for offence under this Act.(4)Where the office of a member of the Board of Directors becomes vacant under subsection (3), the Chief Executive Officer shall forthwith notify the vacancy to the appropriate appointing body or person.(5)Notwithstanding the provisions of this section, the procedure and conduct of affairs of the Board of Directors shall be regulated by the statutes.
Case law referring to this provision