(2) Any public officer, other than a receiver or collector The Public Finance Management Act, 2012 92 of revenue for the national government, who collects revenue for that national government shall, not later than three days after receiving it, deliver the revenue to a receiver or collector of revenue for the national government. (3) A receiver of revenue for the national government shall provide monthly statements to the National Treasury and the Commission on Revenue Allocation. Powers of the Cabinet Secretary to waive or vary tax, fees or charges.

77. The Cabinet Secretary may waive a national tax, a fee or charge imposed by the National Government and its entities in accordance with criteria prescribed in regulations provided that— (a) the National Treasury shall maintain a public record of each waiver together with the reason for the waiver and report on each waiver in accordance with Section 82 of this Act; (b) such a waiver or variation has been authorised by an Act of Parliament; and (c) a State Officer may not be excluded from payment of a tax, fee or charge by reason of the office of the State Officer or the nature of work of the State Officer. Kenya Revenue Authority to be collector of national government revenue.

78. The Kenya Revenue Authority, shall be the collector of national government revenue for the purposes of this Part. Obligations of public officers Public officers to comply with laws relating to national government resources. 79. (1) Every public officer employed in a national government state organ or public entity shall comply with the Constitution and all laws relating to the conduct of public officers when carrying out a responsibility or exercising a power under this Act. (2) Without prejudice to provisions under subsection (1), a public officer employed in a national government state organ or public entity shall — (a) comply with the provisions of this Act so far as they are applicable to the officer; and (b) ensure that the resources within the officer’s area of responsibility are used in a way which — (i) is lawful and authorised; and (ii) is effective, efficient, economical and transparent; (c) within the officer’s area of responsibility— (i) ensure that adequate arrangements are made The Public Finance Management Act, 2012 93 for the proper use, custody, safeguarding and maintenance of public property; and (ii) use the officer’s best efforts to prevent any damage from being done to the financial interests of the national government. Financial reporting by the National Treasury and national government entities The National Treasury to prepare consolidated annual financial statement.

80. (1) At the end of each financial year, the National Treasury shall prepare for the national government, clear and comprehensible annual financial statements that consolidate the financial statements prepared by all national government entities, in accordance with formats prescribed by the Accounting Standards Board. (2) The National Treasury shall include in the consolidated financial statements— (a) a statement of all monies paid into and out of the National Exchequer Account; (b) a summary of— (i) the appropriation accounts and statements prepared by accounting officers under section 81; and (ii) the statements prepared by receivers of revenue under section 82; (c) a statement of payments made out of the National Exchequer Account that are authorised by legislation other than an Appropriation Act; (d) a statement of the total amount of debt of national government that is outstanding at the end of the financial year; (e) a statement of any waivers under Article 210 of the Constitution; and (f) such other statements as the National Assembly may require.

(3) The National Treasury shall ensure that the statements and summaries referred to in subsection (2) are in a form that complies with the relevant accounting standards prescribed and published by the Accounting Standards Board. (4) Not later than four months after the end of the financial year, the National Treasury shall— The Public Finance Management Act, 2012 94 (a) submit the financial statements and summaries referred to in subsection (1) to the Auditor-General and a copy to the Controller of Budget and the Commission on Revenue Allocation; and (b) publish and publicise the statements. Annual reporting by accounting officers. 81. (1) At the end of each financial year, the accounting officer for a national government entity shall prepare financial statements in respect of the entity.

(2) The accounting officer shall include in the financial statement— (a) appropriation accounts, showing— (i) the services for which the appropriated money was spent; (ii) the actual amount spent on each service; (iii) the status of each vote compared with the appropriation for the vote; (iv) a statement explaining any variations between the actual expenditure and the sums voted; and (v) any other information specified by the National Treasury; (b) a statement of the entity’s debt which is outstanding at the end of the financial year; (c) a statement of the entity’s debt guaranteed by the national government as at the end of the financial year; (d) a statement of the entity’s assets and liabilities as at the end of the financial year in respect of the recurrent Vote, development Vote and funds and deposits; (e) a statement of the accounting policies followed in preparing the financial statement; and (f) a statement of the national government entity’s performance against predetermined objectives.

(3) The accounting officer shall prepare the financial statements in a form that complies with the relevant accounting standards prescribed and published by the Accounting Standards Board from time to time. The Public Finance Management Act, 2012 95 (4) Not later than three months after the end of each financial year, the accounting officer for the entity shall— (a) submit the entity’s financial statements to the Auditor-General and a copy of the statement to the Controller of Budget, the National Treasury and the Commission on Revenue Allocation; and (b) publish and publicise the financial statements.

(5) In the case of an entity that is a state corporation, the accounting officer shall submit the corporation’s financial statements to the Cabinet Secretary responsible for matters relating to that corporation who shall, upon approving it, submit a copy to the Cabinet Secretary. Annual reporting by receivers of revenue. 82. (1) At the end of each financial year, a receiver of revenue for the national government shall prepare an account in respect of the revenue received and collected by the receiver during that financial year.

(2) An account prepared under subsection (1) shall include— (a) a statement of receipts and disbursements in such form as the National Treasury may direct; and (b) a statement of arrears of revenue. (3) Not later than three months after the end of the financial year, the receiver of revenue for the national government shall— (a) submit the accounts to the Auditor-General and a copy to the National Treasury, Controller of Budget and the Commission on Revenue Allocation; and (b) publish and publicise the financial statements.

(4) Not later than three months after the end of each financial year, a receiver of revenue for the national government shall submit to the Auditor-General a report with respect to all waivers and variations of taxes, fees or charges granted by the receiver or collector during that year. (5) The receiver shall include in the report under subsection (4) the following details in respect of each waiver The Public Finance Management Act, 2012 96 or variation— (a) the full name of each person benefitting from the waiver or variation; (b) the amount of tax, fee or charge affected by the waiver or variation; (c) the year to which the waiver or variation relates; (d) the reasons for waiver or variation; and (e) the law in terms of which the waiver was granted.