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The Nurses (Nominations and Elections to the Council) Regulations

Legal Notice 41 of 2012

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The Nurses (Nominations and Elections to the Council) Regulations
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Legal Notice 41 of 2012
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Nurses and Midwives Act
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English
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Legal Notice
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LAWS OF KENYA

NURSES AND MIDWIVES ACT

THE NURSES (NOMINATIONS AND ELECTIONS TO THE COUNCIL) REGULATIONS

LEGAL NOTICE 41 OF 2012

  • Published in Kenya Gazette Vol. CXIV—No. 49 on 31 May 2012
  • Commenced on 31 May 2012
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Nurses (Nominations and Elections to the Council) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Council" has the meaning assigned to it by the Act;"election" means election held under these Regulations for the purpose of electing members in accordance with the provisions of section 4(1)(e)(i), (ii), (iii) and (iv) of the Act;"elected member" means a member appointed to the Council as a result of an election in accordance with the provisions of section 4(1)(e)(i), (ii), (iii) and (iv) of the Act;"nominated member" means a member appointed to the Council as a result of a nomination in accordance with the provisions of section 4(1)(e)(v), (vi), (vii) and (viii) of the Act."election" means election held under these Regulations for the purpose of electing members in accordance with the provisions of section 4 (1)(e)(i),(ii), (iii) and (iv) of the Act.

Part II – NOMINATIONS TO THE COUNCIL

3. Procedure for nomination of members to the Council

(1)Within three months of a vacancy arising in the Council in respect of a nominated member or at least two months before the date on which a nominated member ceases to hold office upon expiry of the member's term, each of the organizations specified in section 4(1)(e)(v), (vi), (vii) and (viii) of the Act shall nominate persons for appointment to the Council in accordance with this regulation.
(2)Each of the organizations referred to in section 4(1)(e)(v), (vi) and (vii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Cabinet Secretary, the names of two persons of opposite gender who are qualified for appointment to the Council under section 4 of the Act.
(3)The organizations referred to in section 4(1)(e)(viii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Cabinet Secretary, the names of four persons, half of whom shall be of opposite gender, who are qualified for appointment to the Council under section 4 of the Act.
(4)Upon receipt of the names under paragraph (3), the Cabinet Secretary shall, by notice in the Gazette, appoint—
(a)three persons consisting of one person from each set of two names submitted by the each of the three organizations under paragraph (2); and
(b)two persons from the four names submitted by the organizations under paragraph (3), to be members of the Board.
(5)In making the appointments under paragraph (4), the Cabinet Secretary shall ensure that the Council reflects the regional and other diversities of the people of Kenya and that not more than two-thirds of the members are of the same gender.

4. Appointment of nominated members

No person shall be appointed under regulation 3 unless such person—
(a)is qualified in accordance with the Act; and
(b)satisfies the requirements of Chapter six of the Constitution.

Part III – ELECTIONS TO THE COUNCIL

5. Appointment of returning officer

(1)The Council shall, within two months of a vacancy arising in the Council or at least four months before the date on which elected members cease to hold office, appoint a person to be the returning officer for the purpose of election of members under section 4(1)(e)(i), (ii), (iii) and (iv) of the Act.
(2)Subject to these Regulations, the returning officer shall—
(a)not be a member of the Council;
(b)be responsible for the conduct of the elections.

6. Qualification for election

(1)The qualifications of the various categories of elected members to be elected and the qualifications of persons entitled to nominate and to take part in the election of candidates of each of these categories shall be as specified in the First Schedule.
(2)In order to be eligible for election or to be entitled to nominate for or take part in the election a person shall be required to have the requisite qualifications on the date to be fixed by the returning officer as the last day on which nomination papers shall be received.

7. Publication of notice of election

The returning officer shall fix the last date on which nomination papers shall be received and at least twenty-one days before the date so fixed he shall cause notice of the election to be published in the Gazette and in at least two newspapers circulating in Kenya, which notice shall be as nearly as may be to Form A set out in the Second Schedule.

8. Nomination of candidates

Each candidate for election shall be nominated on a separate nomination paper signed by not fewer than three persons having the requisite qualifications for nominating the candidate.

9. Nomination papers

(1)Forms of nomination papers may, on application by post or otherwise, be obtained from the returning officer at the address referred to in paragraph (3) and in making the application it should be clearly stated for what part of the election the nomination form or forms are required.
(2)Every nomination paper shall contain the name, address and registered qualification, and other requisite qualifications, of any of the candidates nominated, and the address and registered qualifications of each of the persons nominating the candidate and shall be as nearly as may be in Form B set out in the Second Schedule.
(3)Every nomination paper shall—
(a)be accompanied by the declaration in writing in Form C set out in the Second Schedule signed by the person nominated, acknowledging that he consents to be nominated;
(b)be accompanied by a fee of ten thousand shillings;
(c)be addressed to the Returning Officer, Nursing Council of Kenya, P.O. Box 20056-00200, Nairobi, and delivered to him before the hour of 4 p.m. on the last day fixed by the returning officer for the receipt of nomination papers.
(4)Any nomination paper which is not received at the address referred to in paragraph (3) before the hour and day specified in that paragraph shall be invalid.

10. List of nominated candidates

As soon as possible after the time fixed for the receipt of nomination papers has expired, the returning officer shall publish at the offices of the Council a list of the duly nominated candidates and shall on the same day send a copy of that list by registered post to each of the candidates.

11. Conduct of the election

(1)The election of elected members of the Council shall be conducted in accordance with the provisions of this regulation.
(2)If the number of duly nominated candidates in respect of any category of elected members does not exceed the number to be elected in that category the returning officer shall forthwith declare those candidates to be duly elected.
(3)If the number of duly nominated candidates in respect of any category of elected members exceeds the number to be elected in that category, the returning officer shall as soon as possible prepare ballot papers and identification envelopes which shall be as nearly as may be to Form D set out in the Second Schedule.
(4)The ballot papers shall contain the names, addresses and registered qualifications of all candidates who have been duly nominated and shall state the last day on which ballot papers may be received and the place to which they are to be returned.
(5)If no nominations are received on the appointed day the returning officer may extend the date for returning the nomination papers by fourteen days.
(6)The returning officer shall, at least twenty-one days before the last day fixed for the receipt of ballot papers, cause a ballot paper to be forwarded by post to each person qualified to vote in the election in accordance with the First Schedule at his registered address, together with an identification envelope.
(7)Votes shall not be cast or accepted except on the ballot papers provided by the returning officers.
(8)Each person qualified to vote in the election shall mark the ballot paper delivered to him with an X against the name or names of the nominated candidate or candidates (not exceeding the number to be elected) for whom he votes and shall place the ballot paper inside the identification envelope, sign the declaration on the envelope, place it inside a covering envelope, and send it by post or otherwise to the returning officer at the address stated therein.

12. Counting of votes and declaration of elected members

(1)The returning officer shall, immediately after the last day fixed for receipt of ballot papers, ascertain the validity of the votes cast by the examination of identification envelope, open the envelope, examine and count the valid votes given for each candidate.
(2)The examination, opening and counting of the votes under paragraph (1) shall be done by the returning officer in the presence of the candidates or their duly nominated representatives, of whom seven days' notice shall have been issued to their last known address, but the absence of a candidate or his representative to whom due notice has been given shall not in any way prevent the returning officer from proceeding with the examination, opening and counting of the votes.
(3)In each of the categories for which the election is held the candidates having the greatest number of votes shall be declared elected by the returning officer.
(4)In the event of equality of votes between two or more candidates the returning officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.

13. Determination by returning officer

Any question arising with regard to the validity of a nomination or ballot paper shall be determined by the returning officer.

14. Written notice of results of the election

The returning officer shall forthwith deliver to every candidate a written notice of the result of the election and shall deliver to the Registrar for onward transmission to the Cabinet Secretary a list of candidates certified by him to have been elected showing the number of votes cast for each candidate.

15. Validity of election

(1)Any candidate unsuccessful at the poll may either personally or by agent appointed in writing, notify the returning officer within fourteen days after the declaration of the result of the elections, that he contests the validity of that part of the election in respect of which he was unsuccessful on the ground of non-compliance with the provisions of these Regulations, or of misdescription or miscount, or of the non-delivery or loss of any document.
(2)If after consideration of the contention disclosed in the notice, the returning officer is satisfied in respect of that part that the election was conducted substantially in accordance with the provisions of these Regulations and that any non-compliance, misdescription, miscount, non-delivery or loss did not affect the result of that part of the election, he may, within fourteen days of receiving the notice, so certify, and in that event he shall forward a copy of his certificate to the unsuccessful candidate, who may, within seven days of receiving that copy, appeal to the Cabinet Secretary.
(3)Where the returning officer does not certify in accordance with subregulation (2), he shall, not later than the fifteenth day after receiving the notice forward a copy thereof to the Cabinet Secretary together with such comments as he thinks fit.
(4)The Cabinet Secretary shall consider any appeal made under paragraph (2) or any notice received under paragraph (3) and his decision as to whether the result of the relevant part of the election was affected, shall be final.

16. Appointment of elected members

(1)Upon receipt of the names under regulation 15, the Cabinet Secretary shall, by notice in the Gazette, appoint the persons elected as members of the Council.
(2)No person shall be appointed under paragraph (1) unless such person—
(a)is qualified in accordance with the Act; and
(b)satisfies the requirements of Chapter six of the Constitution.

Part IV – MISCELLANEOUS

17. Election offences

(1)Any person who—
(a)commits the offence of personation, treating, undue influence or bribery as defined in the Elections Act (Cap. 7);
(b)makes or publishes, before or during any election, for the purpose of promoting or procuring the election of any candidate, any false statement of withdrawal of any other candidate at such election;
(c)forges, defaces or destroys any nomination paper, or delivers to a returning officer any nomination paper knowing it to be forged;
(d)interferes with the ballot paper by removing, destroying, concealing or mutilating, or assists in the removal, destruction, concealment or mutilation, of any such material;
(e)directly or indirectly prints, manufactures or supplies or procures the printing, manufacture or supply of any ballot paper in connection with the election save on the authority of the Council;
(f)obstructs or hinders the returning officer, candidate or agent in the execution of their lawful duties;
(g)makes a false statement or furnishes false particulars in any statement which is required under this Act knowing the statement or particulars to be false or without reasonable grounds for believing the same to be true;
(h)forges, counterfeits, defaces or destroys any ballot paper or the official perforation, stamp or mark on any ballot paper or any campaign or promotional material of an opposing candidate;
(i)sells or offers for sale any ballot paper to any person, or purchases or offers to purchase any ballot paper from any person;
(j)without authority destroys, takes, opens, disposes of or otherwise interferes with any election material in use or intended to be used for the purposes of an election;
(k)without authority prints any ballot paper or what purports to be or is capable of being used as a ballot paper at an election;
(l)votes at any election when not entitled to vote; or
(m)votes more than once in any election,
commits an offence.
(2)Any person who commits an offence under paragraph (1) shall be liable to a fine not exceeding ten thousand shillings or to imprisonment to a term not exceeding six months or to both such fine and imprisonment.

18. Revocation of L.N. 124/1985

The Nurses (Elections to Council) Regulations, 1985, are hereby revoked.

FIRST SCHEDULE [r. 6]

CATEGORIES OF ELECTED MEMBERS

Qualification of person to be elected Qualifications of persons entitled to nominate and take part in election
Registered midwife who is also a registered nurse practising the profession as a midwife at the time of election. Registered midwives (i.e. those persons whose names for the time being appear on the register of midwives).
Registered community health nurse who also a registered nurse practising the profession as a community health nurse a the time of election. Registered community health nurses (i.e those persons whose names for the time being appear on the register of community health nurses).
Registered psychiatric/mental health nurse practising the profession as a psychiatric/mental health nurse at the time of election. Registered psychiatric/mental health nurses (i.e. those persons whose names for the time being appear on the register of psychiatric/mental health nurses).
Registered general nurses (i.e. nurses registered in the general part of the Register), who is practising the profession as a general nurse at the time of election. Registered general nurses (i.e. those persons whose names for the time being appear on the register of nurses).

SECOND SCHEDULE [r. 7, 8, 11]

FORMS FOR ELECTIONS

THE NURSES AND MIDWIVES ACT

[Cap. 257]
FORM A(r. 7)
NOTICE OF ELECTIONS TO THE NURSING COUNCIL OF KENYA
Notice is given that under the provisions of section 4(l)(e) of the Nurses and Midwives Act (Cap. 257), and regulation 7 of these Regulations, an election will be held for the following vacancies in the Council—
(a)one registered midwife, to be elected by registered midwives;
(b)one registered community health nurse, to be elected by registered community health nurses;
(c)one registered psychiatric/mental health nurse, to be elected by registered psychiatric/mental health nurses;
(d)one registered general nurse, elected by registered general nurses.
Nominations are invited from Kenya Registered Midwives, Kenya Registered Community Health Nurses, Kenya Registered Psychiatric/ Mental Health Nurses and Kenya Registered General Nurses.The nomination should reach the Returning Officer, c/o The Nursing Council of Kenya, P.O. Box 20056-00200, Nairobi, not later than ...................

______________________

FORM B(r. 9(2))
NOMINATION PAPER FOR ELECTION OF REGISTERED NURSES TO THE NURSING COUNCIL OF KENYA
Note-Only a nurse registered and qualified in the area of speciality in which the candidate to be nominated is seeking election may sign this paper as a nominator.We, the undersigned being nurses whose names appear on the register of nurses as ................. for the Republic of Kenya hereby nominate ............. of .............. whose registration number is ............. and who is employed at ......................... where he/she is engaged in ...............FULL NAME (BLOCK LETTERS)ADDRESSREGISTERED QUALIFICATIONS AND NUMBERSUSUAL SIGNATUREDate ......................This nomination paper must be signed by not less than three nominators and must be received by the Returning Officer, the Nursing Council of Kenya, and P.O. Box 20056-00200, Nairobi, Kenya not later than 4 p.m. on ...................
(a)Here insert full name of candidate as given in the register.
(b)Here insert candidate's address.
(c)Here insert candidate's registration number.
(d)Here insert candidate's place of employment and his postal address.
(e)Here insert candidate's present post.

______________________

FORM C(r. 9(3))
(FORM OF DECLARATION TO BE ISSUED WITH NOMINATION PAPERS FOR USE BY NOMINATED CANDIDATE)
ELECTION TO THE NURSING COUNCIL OF KENYA
Date ............................I, (*) ..................... consent to be nominated as a candidate for election as representative of the nurses registered in the (!)........... to serve on the Nursing Council of Kenya.I declare that the statement in the nomination paper regarding my qualifications is correct.Signature ....................... Registration Number ...............Address ........................(*) Here insert full name, in block letters.(!) Here insert “General Part of the Register”; oror “part of the Register for Psychiatric/Mental Health Nurses”;or “Register of Community Health Nurses”;or “Register of midwives”, as the case may be.This declaration form, which must accompany the nomination paper, must be received by the Returning Officer, not later than ............To: The Returning Officer,Nursing Council of Kenya,P.O. Box 20056-00200, Nairobi.

__________________________

FORM D(r. 11(3))
BALLOT PAPERS
__________________________________________________________________________________________________BALLOT PAPER IELECTION OF ONE REGISTERED MIDWIFE NURSE__________________________________________________________________________________________________
Electors Names of candidates Present post and RegisteredMark X nominated address of candidate qualifications andnominated Number___________________________________________________________________________________________________
BALLOT PAPER IIELECTION OF ONE REGISTERED COMMUNITY HEALTH NURSE___________________________________________________________________________________________________
Electors Names of candidates Present post and RegisteredMark X nominated address of candidate qualifications andnominated Number__________________________________________________________________________________________________
BALLOT PAPER IIIELECTION OF ONE REGISTERED PSYCHIATRIC/MENTAL HEALTH NURSE___________________________________________________________________________________________________
Electors Names of candidates Present post and RegisteredMark X nominated address of candidate qualifications andnominated Number___________________________________________________________________________________________________
BALLOT PAPER IVELECTION OF TWO REGISTERED GENERAL NURSES___________________________________________________________________________________________________
Electors Names of candidate Present post and RegisteredMark X nominated address of candidates qualifications andnominated Number____________________________________________________________________________________________________
IDENTIFICATION ENVELOPEI, the undersigned, declare that I am the person to whom the enclosed ballot paper is addressed as above; that I am registered on the ............................. part of the register, and that I have not marked any other ballot paper in this part of the election.Signature...........................................
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