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The Guidelines on the Election of Youth Representatives to the National Youth Council

Legal Notice 7 of 2011

Repealed
This Legal Notice was repealed on 2021-09-03 by The National Youth Council (Election of Certain Council Members) Regulations.
This is the version of this Legal Notice as it was when it was repealed.
The Guidelines on the Election of Youth Representatives to the National Youth Council
Citation
Legal Notice 7 of 2011
Primary work
National Youth Council Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

NATIONAL YOUTH COUNCIL ACT

THE GUIDELINES ON THE ELECTION OF YOUTH REPRESENTATIVES TO THE NATIONAL YOUTH COUNCIL

LEGAL NOTICE 7 OF 2011

  • Published in Kenya Gazette Vol. CXIII—No. 14 on 11 February 2011
  • Commenced on 11 February 2011
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
  2. [Revoked by The National Youth Council (Election of Certain Council Members) Regulations (Legal Notice 183 of 2021) on 3 September 2021]
PURSUANT to the provisions of section 5(1)(g) and (h) of the National Youth Council Act, the Cabinet Secretary for Youth Affairs and Sports issues the guidelines set out in the Schedule for the purpose of the election of youth representatives to the National Youth Council.

SCHEDULE

1.The purpose of these guidelines is to—
(a)prescribe the manner of electing youth representatives to the National Youth Council; and
(b)facilitate the process of electing youth representatives to the National Youth Council.
2.The election of youth representatives at the sub-location to the provincial level shall not be construed as the establishment of branches of the National Youth Council.
3.The positions of youth representatives at the sub-location level to the provincial level shall not be remunerative.
4.The youth representatives elected at the sub-location level to the provincial level shall offer leadership and promote the spirit of volunteerism among the youth.
5.There shall be a committee to be known as the National Election Supervisory Committee which shall consist of—
(a)the Permanent Secretary in the ministry for the time being responsible for matters relating to youth affairs and sports;
(b)the Permanent Secretary in the ministry for the time being responsible for matters relating to provincial administration and internal affairs or his representative;
(c)the Permanent Secretary in the ministry for time being responsible for matters relating to finance or his representative;
(d)the Permanent Secretary in the ministry for time being responsible for matters relating to gender, children and social services or his representative;
(e)the Permanent Secretary in the Office of the Prime Minister or his representative;
(f)the Attorney-General or his representative;
(g)a representative of the Interim Independent Electoral Commission;
(h)a representative of the Kenya National Human Rights Commission;
(i)two persons of either gender, nominated by the Cabinet Secretary for the time being responsible for matters relating to youth affairs and sports.
6.The functions of National Election Supervisory Committee shall be—
(a)to co-ordinate the National Youth Council elections at the national level;
(b)to declare and ensure publication of the election dates;
(c)to co-ordinate all communication on the National Youth Council elections;
(d)to handle final appeals from grievances arising out of the National Youth Council elections;
(e)to oversee the National Delegates Forum;
(f)to oversee the National Youth Congress; and
(g)to forward the names of the youth representatives to the Cabinet Secretary responsible for youth affairs and sports for appointment.
7.There shall be an Election Supervisory Committee in every sub-location, location, division, district and province which shall consist of—
(a)an officer in the Ministry for the time being responsible for matters relating to youth affairs and sports;
(b)an officer in the Ministry for the time being responsible for matters relating to gender, children and social development; and
(c)three persons nominated by a faith-based organization, a non-governmental organization or civil society or a youth-serving organization and appointed in writing by the Cabinet Secretary for the time being responsible for matters relating to youth affairs or his representative.
8.The functions of an Election Supervisory Committee shall be to—
(a)oversee the elections at the respective level;
(b)verify the register of voters;
(c)authenticate the candidates;
(d)secure the ballots and ballot boxes;
(e)identify the voting centre;
(f)supervise the polling;
(g)supervise the counting of votes;
(h)organise security;
(i)issue certificates to the elected youth representatives at the respective level;
(j)handle grievances; and
(k)ensure that the elections take into consideration gender and disability.
9.
(1)A person shall be eligible for election at the sub-location and location level if he or she is —
(a)a Kenyan citizen;
(b)aged between eighteen and thirty-five years;
(c)a holder of a minimum qualification of the Kenya Certificate of Primary Education;
(d)of good conduct as certified by the area Chief, Assistant Chief, Religious leader or the Police.
(2)A person shall be eligible for election at the division level if he or she is—
(a)a Kenya citizen;
(b)aged between eighteen and thirty-five years;
(c)a holder of a minimum qualification of the Kenya Certificate of Secondary Education; and
(d)of good conduct as certified by the area Chief, Assistant Chief, religious leader or the Police.
(3)A person shall be eligible for election at the distridt level if he or she is—
(a)a Kenya citizen;
(b)aged between eighteen and thirty-five years;
(c)a holder of a minimum qualification of the Kenya Certificate of Secondary Education; and
(d)of good conduct as certified by the area Chief, Assistant Chief, religious leader or the Police.
(4)A person shall be eligible for election at the provincial level if he or she is—
(a)a Kenya citizen;
(b)aged between eighteen and thirty-five years;
(c)a holder of a minimum qualification of the Kenya Certificate of Secondary Education; and
(d)in possession of certificate of good conduct.
10.
(1)The National Election Supervisory Committee shall display a list of the voting centres in public offices and market centres within the voting area.
(2)Voting and counting of votes shall take place between 8.00 am and 5.00 pm on the prescribed voting date.
(3)Voting shall be by secret ballot.
(4)All ballot papers shall be stamped with a designated stamp.
(5)All ballot papers shall indicate the voting centre.
(6)The ballot boxes shall be sealed and shall only be opened at the end of the voting exercise.
(7)The candidates shall confirm that the ballot boxes have not been tampered with, before counting begins.
(8)Counting of votes shall be done by the respective Election Supervisory Committee of the voting centre in the presence of the candidates.
(9)The results shall be recorded in prescribed form.
(10)The form shall be authenticated by at least two members of the respective Elections Supervisory Committee by signing and stamping.
(11)The respective Election Supervisory Committee shall issue a certificate to the youth representatives elected at that level.
(12)The respective Election Supervisory Committee shall hand over the form under paragraph 9 of this guideline to the officer from the Ministry responsible for youth affairs and sports.
11.
(1)The Election Supervisory Committee may disqualify a candidate or nullify the results of a centre if there are any of the following election irregularities —
(a)use of ballots other than the prescribed ballots;
(b)voting in a voting centre which has not been published;
(c)voting outside the specified period and time;
(d)writing more than one name on a ballot;
(e)use of force and intimidation;
(f)misrepresentation;
(g)corruption ; or
(h)any offence under the Election Offences Act.
12.Any youth intending to participate in the National Youth Council elections shall register with the Youth Officer in the sub-location.
13.A candidate is not be eligible for election, if he or she has participated in civic education training as a trainer on the National Youth Council elections or is an officer participating in the National Youth Council operationalization exercise.
14.
(1)The election register shall be closed two months before the date of the elections.
(2)The election register shall indicate, in respect of the youth—
(a)the name;
(b)the identity card number; and
(c)age.
15.A candidate for election at the sub-location level shall be nominated by at least twenty youth.
16.The youth at the sub-location level shall nominate at least two candidates, taking into consideration the issue of gender and disability.
17.In the case of groups, each group shall nominate at least two candidates who shall be of either gender or a youth with disability.
18.The elections shall be held on different dates.
19.The youth shall elect six representatives at each level.
20.The youth representatives elected in each level shall constitute the voters for the next level.
21.In as far as possible, the Election Supervisory Committee shall ensure that no more than two thirds of the youth representatives are of the same gender.
22.The youth representatives at the district level shall elect three representatives to the Provincial youth elections and three others to the National Youth Congress.
23.The youth in each Province shall elect three youth representative to the, National Delegates Forum.
24.The National Delegates Forum shall be organised by the Ministry responsible for youth affairs and sports and shall held to elect eight youth in accordance with section 5 (1) (g) of the National Youth Council Act.
25.The Ministry responsible for youth affairs and sports shall organise a National Youth Congress.
26.The National Youth Congress shall comprise of three representatives from each District as elected under paragraph 22 of these guidelines.
27.The National Youth Congress shall, among other things, be held to co-ordinate the election of the eight youth representatives as provided for in section 5 (1) (h) of the National Youth Council Act.
28.In electing the National Youth Congress representatives, the youth shall take into consideration the issue of gender and disability.
29.The National Election Supervisory Committee shall forward the names of the youth elected during the National Delegates Forum under paragraph 24 and those elected during the National Youth Congress under paragraph 27 to the Cabinet Secretary for the time being responsible for youth affairs and sports.
30.The Cabinet Secretary for the time being responsible for youth affairs and sports shall ensure that no province has more than one member in the National Youth Council.
31.The Cabinet Secretary for the time being responsible for youth affairs and sports shall appoint the sixteen youth in accordance with section 15 (3) of their` ational Youth Council Act.
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History of this document

31 December 2022 this version
03 September 2021
11 February 2011
Commenced
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