ADVOKS GLOBAL · KENYA
Public Finance Management Act
48. Regulations on grant administration
Edition: 2026-09-25 · In force
48. Regulations on grant administration
(1)Regulations approved by Parliament shall provide for the administration, control and management of grants, including—(a)procedures to ensure that grants are spent on the basis of the integrated national development plan;(b)procedures for the allocation and disbursement of the grants;(c)requiring that grants be used only to finance programmes within the integrated development plan;(d)the publication of transparent criteria for the allocation of grants;(e)requiring specific terms and conditions in agreements to which grant recipients are subjected;(f)procedures for the budgeting, financial management, accounting and reporting of grants by grants recipients;(g)procedures under which a third party may be authorised to receive, control or pay public money as a grant; and(h)measures to ensure that a third party authorised to receive, control or pay public money as a grant, or responsible for any other aspect of administration of a grant, is subject to the same obligations as a public officer under this Act.(2)Regulations under subsection (1) shall include measures to ensure public disclosure, accountability and participation in relation to the grants, including—(a)timely public disclosure to intended beneficiaries of the allocation and disbursement of grants to grant recipients;(b)timely public disclosure by grant recipients to intended beneficiaries of expenditure and performance achieved in relation to the grant;(c)measures to facilitate intended beneficiaries to participate in the design and management of projects or public services financed by the grant;(d)measures allowing intended beneficiaries to report instances of non-compliance with the regulations or grant agreement;(e)sanctions to be imposed on grant recipients for non-compliance with grant conditions by any grant recipient; and(f)obligations of a public officer or third party authorised to receive, control or pay public money as grants.(3)A third party shall not receive, have custody of, or pay public money otherwise than in accordance with an authorisation given in accordance with regulations made under subsection (1).(4)A third party who contravenes provision under subsection (3), commits an offence and is liable on conviction to a term of imprisonment not exceeding two years or to a fine not exceeding one million shillings, or to both and shall make good the loss arising from the use of public funds contrary to law.