The National Youth Council (Election of Certain Council Members) Regulations
Legal Notice 183 of 2021
This is the latest version of this Legal Notice.
The National Youth Council (Election of Certain Council Members) Regulations
- Citation
- Legal Notice 183 of 2021
- Primary work
- National Youth Council Act
- Date
- Language
- English
- Type
- Legal Notice
- Original enactment
- Download original enactment (PDF) (3.8 MB)
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LAWS OF KENYA
NATIONAL YOUTH COUNCIL ACT
THE NATIONAL YOUTH COUNCIL (ELECTION OF CERTAIN COUNCIL MEMBERS) REGULATIONS
LEGAL NOTICE 183 OF 2021
- Published in Kenya Gazette Vol. CXXIII—No. 183 on 3 September 2021
- Commenced on 3 September 2021
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation
These Guidelines may be cited as the National Youth Council (Election of Certain Council Members) Regulations.2. Election of youth representatives
The election of the youth representatives of the Council under section 5(1)(g) and (h) of the Act shall be conducted in accordance with the Guidelines set out in the Schedule.3. [Spent]
SCHEDULE [r. 2]
GUIDELINES OF THE ELECTIONS OF CERTAIN YOUTH REPRESENTATIVES
Part I – PRELIMINARY
1. Citation
These Guidelines may be cited as the National Youth Council Elections Guidelines.2. Interpretation
In these Guidelines, unless the context otherwise requires—"Act" means the National Youth Council Act (Cap. 132);"agent" means a person duly appointed as an agent by a candidate in an election under these Guidelines;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for youth affairs;"Electoral Code of Conduct" means the Code of Conduct set out in Annexure 2 to these Guidelines;"candidate" means a person contesting for an elective post;"commencement date of elections" means the date when the election of ward delegates is scheduled;"constituency" means one of the constituencies into which Kenya is divided under Article 89 of the Constitution;"constituency delegate" means a constituency delegate elected in accordance with paragraph 9(6) of these Guidelines;"constituency youth election" means the National Youth Council election held at constituency level;"disability" includes any physical, sensory, mental, psychological or other impairment, condition or illness that has, or is perceived by significant sectors of the community to have a substantial or long-term effect on an individual's ability to carry out ordinary day-to-day activities;"electoral area" means a ward or a constituency;"Election Steering Committee" means an Election Steering Committee appointed pursuant to paragraph 6 of these Guidelines;"National Steering Committee" means the National Steering Committee on the National Youth Council Elections appointed under paragraph 4 of these Guidelines;"National Youth Congress" means the National Youth Congress constituted pursuant to paragraph 9(7) of these Guidelines;"National Youth Congress delegate" means a National Youth Congress Delegate elected in accordance with paragraph 9(5) of these Guidelines;"National Youth Council" means the National Youth Council established under section 3 of the Act;"National Youth Council Election" means the elections held under these Guidelines in the electoral areas and the National Youth Congress;“nomination” means the submission to the National Steering Committee or to an Election Steering Committee of the name and documentation of a candidate in accordance with these Guidelines;“political party” has the meaning assigned to it in Article 260 of the Constitution;“polling clerk” is a person appointed by the National Steering Committee to assist the presiding officer in the conduct of an election;“presiding officer” means a person appointed under these Guidelines to preside at a voting centre;“Principal Secretary” means the Principal Secretary in the ministry for the time being responsible for youth affairs;“register of voters” means a register of all youth who have registered to vote at the National Youth Council Elections prepared in accordance with these Guidelines and includes a register that is compiled electronically;“special interest group” includes women who are youth, youth living with disability, youth from marginalised communities, youth from ethnic, minorities, and youth from any other special interest groups recognized by law;“voter” means a youth who is eligible to participate in the National Youth Council Elections by virtue of having been registered as voter in accordance with these Guidelines;“voter education” means all forms of information or communication whose purpose is to educate voters on their rights and responsibilities in the National Youth Council electoral process;“Voter Education Code of Conduct” means the Voter Education Code of Conduct set out in Annexure 4 to these Guidelines;“voting centre” means a location designated by the National Steering Committee or by an Election Steering Committee as a place where voting shall take place during the National Youth Council elections;“ward” means an electoral area within a Constituency delimited in accordance with Article 89 of the Constitution;“ward delegate” means a ward delegate elected in accordance with paragraph 9(2) of these Guidelines;“youth” means a person aged between eighteen and thirty-five years;“Youth Advisory Board” means the Board established under section 16 of the Act;“youth officer” means the youth officer in the ministry responsible for youth affairs within an electoral area; and“youth serving organizations” include youth groups, youth focused community based organizations, non-governmental organizations, civil society movements, and other organizations accredited to the National Youth Council, and engaged in activities and initiatives relating to the youth.3. Objectives of the Guidelines
The purpose of the Guidelines is to set out the manner of electing and nominating youth members to the National Youth Council pursuant to section 5(1)(g) and (h) of the Act.Part II – ELECTION COMMITTEES
4. Establishment and composition of the National Steering Committee
5. Functions of the National Steering Committee
The functions of the National Steering Committee are—6. Establishment and composition of Election Steering Committee
7. Functions of an Election Steering Committee in an electoral area
Part III – FRAMEWORK OF THE NATIONAL YOUTH COUNCIL ELECTIONS
8. Commencement of the National Youth Council Elections
Unless otherwise determined by the Cabinet Secretary, the National Youth Council elections shall commence six months prior to third anniversary of the date when the Cabinet Secretary published the names of the elected and nominate members of the National Youth Council in the Kenya Gazette:Provided that any outgoing members of the National Youth Council shall complete their respective three-year terms prior to commencement of the term of office of the National Youth Council members elected at a National Youth Council Election.9. Procedure for the National Youth Council elections
10. Discretion of the Cabinet Secretary
The Cabinet Secretary may, in his discretion implement any one or more of the following measures—11. Termination of the mandate of the National Youth Congress
12. Issuance of accreditation letters
The National Youth Council shall register and issue accreditation letters to the ward, and constituency delegates on such terms and conditions as the National Youth Council may reasonably determine.13. Suspension of accreditation
The National Youth Council may, upon a fair hearing, suspend or terminate the accreditation of any delegate or delegates who fail, refuse, or neglect to comply with the terms and conditions of registration or accreditation.Part IV – REGISTRATION OF VOTERS
14. Register of voters
15. Registration of voters at ward level
Part V – NOMINATION OF CANDIDATES
16. Nomination criteria
17. Procedure for nomination
18. Persons disqualified from nomination
A candidate shall not be eligible for election as a candidate in the National Youth Council elections if the candidate—Part VI – THE ELECTIONS TIMETABLE
19. Planning of elections timetable
Part VII – VOTER EDUCATION
20. Voter education carriculum
The National Youth Council Secretariat, with the support of the Principal Secretary, shall develop a voter education curriculum and support materials covering all processes outlined in these Guidelines, and conduct voter education countrywide.21. Commencement of voter education
A voter education exercise shall be commenced at least sixty days prior to the commencement of elections.22. Conduct of voter education
The conduct of voter education shall in its design, message and implementation be impartial, non-partisan, and in compliance with the voter education Code of Conduct set out in Annexure 4 to these Guidelines.23. Voter Education Code of Conduct
Voter educators and voter education providers shall affirm acceptance of the terms and conditions of the Voter Education Code of Conduct by completing the Form set out in Annexure 5 to these Guidelines and returning it to the National Youth Council Secretariat.Part VIII – ELECTION OFFICERS
24. Appointment returning officers
25. Appointment of presiding officers and polling clerks
Part IX – ELECTION AGENTS AND OBSERVERS
26. Appointment of agents
27. Registration and accreditation of observers and media representatives
Part X – GUIDELINES ON PHYSICAL VOTING
28. List of candidates and voting centres
The Election Steering Committee shall display a list of the candidates and voting centers in public offices and market centres within the relevant electoral area or on such electronic platforms as the National Steering Committee shall determine.29. Procedure for physical voting
30. Standards and practices as regards election materials
31. Counting of votes
Part XI – GUIDELINES ON PROCESS OF VOTING AND COUNTING OF VOTES
32. Manner of conducting votes
33. Minimum standards of the voting system
34. Preparing the electronic voting system for elections
The National Steering Committee, in collaboration with the Election Steering Committees, shall test and certify to the Cabinet Secretary that any electronic voting system to be deployed is ready for use in the National Youth Council elections.35. Information of the public
The National Steering Committee and Election Steering Committees shall ensure that the public, in particular voters, shall be informed prior to the commencement date of the elections—36. Access by authorized persons
The National Steering Committee shall ensure that only authorised persons shall have access to the central infrastructure, the servers and the election data.37. Voting
38. Vote counting and management of electronic voting results at the ward and constituency levels
39. Vote counting and management of electronic voting results at the National Youth Congress
40. Vote counting in electronic voting system
41. Records of delegates meetings
Minutes, reports and other records of the proceedings of the National Youth Congress and the ward and constituency delegates shall be documented by the National Youth Council Secretariat and custody of the records shall be kept by the National Steering Committee.Part XII – MANAGEMENT OF ELECTION RESULTS
42. Authority to declare election results
Persons who are present at the counting of votes shall not be allowed to declare or communicate any election results, vote counts or vote tallies except those authorised by or already officially declared by the National Steering Committee or an Elections Steering Committee, as applicable, and in accordance with these Guidelines.43. Rules for management and declaration of election results
44. Election results for ward and constituency submitted to the National Steering Committee
In the case of ward and constituency youth elections, the Chairperson of the Election Steering Committee shall hand over the election results in a specified form to Chairperson of the National Steering Committee, no later than 5.00 pm on the subsequent day after the elections.45. Particulars of elected youth forwarded to the Cabinet Secretary
46. Issuance of certificates
The Election Steering Committee or the National Steering Committee, as applicable, shall issue certificates in either Form 4 set out in Annexure 1 to these Guidelines, to the elected ward and constituency delegates, upon conclusion of the verification and announcement of election results.47. Report of the Election Steering Committee to the National Steering Committee
The Elections Steering Committee for each electoral area shall, in respect of their electoral areas, verify, reconcile and report to the National Steering Committee—48. National Steering Committee report to the Cabinet Secretary
49. Irregularities in elections
The National Steering Committee may, on the recommendation of an Election Steering Committee, disqualify a candidate or nullify the results of any election or voting centre, as applicable, if any of the following election irregularities are proved—Part XIII – ELECTION DISPUTES
50. Lodging election complaints or disputes
51. Appeal
52. Dismissal of complaints, disputes or appeal
Where upon receipt of a complaint, dispute or appeal, it is considered that there is no sufficient ground for granting the relief claimed, the complaint, dispute or appeal may be dismissed summarily.53. Hearing of complaints, disputes, and appeals
During the hearing of complaints, disputes, and appeals, the relevant body may, in the exercise of its jurisdiction—54. Remedies
The following orders may be granted at the hearing of a complaint, dispute or appeal arising in this Part—55. Invalid votes
56. Next level of election
Part XIV – APPOINTMENT OF ELECTED DELEGATES
57. Conclusion of elections
Elections shall be deemed concluded upon the Cabinet Secretary's publication, in the Kenya Gazette, names of delegates elected by the National Youth Congress to be members of the National Youth Council.58. Procedure for background checks and appointment of delegates
Part XV – APPOINTMENT OF SUBSTITUTE MEMBERS TO FILL VACANCIES
59. Procedure for filling vacancies
Where a vacancy occurs in the National Youth Council by operation of section 2 of the First Schedule of the Act, the Cabinet Secretary may appoint a person who has been listed as a substitute member of the National Youth Council under paragraph 45(2):Provided that in making appointments from the substitute members list, the Cabinet Secretary shall maintain the diversity of membership of the National Youth Council by ensuring that regional balancing and representation of women and persons with disability is attained._____________________________ | ||
ANNEXURE 1
Form 1 | (para. 17(2)) | |
THE NATIONAL YOUTH COUNCIL | ||
FORM FOR NOMINATION OF NATIONAL YOUTH COUNCIL ELECTION CANDIDATES |
No. | Name | ID/PassportNo. | VoterReg. No. | County | Constituency | Ward | Signature |
_____________________________
Form 2 (a) | (para. 25(2)(b)) |
---|
THE NATIONAL YOUTH COUNCIL
ELECTION RESULTS AT THE VOTING CENTER
Name of Voting Centre: ......................................................................................Ward ..........................................................................................................Constituency .................................................................................................County ........................................................................................................Number of votes cast in favour of each candidate:Name of Candidate | No. of Valid Votes Obtained | |
---|---|---|
Total number of valid votes cast |
1. | Total Number of Registered Voters in the Polling Station; | |
2. | Total Number of Rejected Ballot Papers; | |
3. | Total Number of Rejection Objected To Ballot Papers; | |
4. | Total Number of Disputed Votes; | |
5. | Total Number of Valid Votes Cast; |
Serial Number of Ballot Paper (s) with disputed vote | Name of Candidate assigned the vote | |
No. | Name of Candidate or Agent | ID/PassportNo. | Party Name/ Independent Candidate | Tel. Contact | Signature | Date |
1. | ||||||
2. | ||||||
3. |
_____________________________
Form 2 (b) | (para. 23(2)(c)) |
THE NATIONAL YOUTH COUNCIL
DECLARATION OF RESULTS FOR THE NATIONAL YOUTH COUNCIL
ELECTIONS AT THE NATIONAL TALLYING CENTRE
Name of National Tallying Centre:...............................................................................................................ConstituencyName | VotingCenterName | Candidate1 | Candidate2 | Candidate3 | Total ValidVotes | RejectedBallots |
No. | Name ofCandidate orAgent | ID/Passport No. | Tel. Contact | Signature | Date |
---|---|---|---|---|---|
1. | |||||
2. | |||||
3. |
_____________________________
Form 3 | (para. 23(2)(e)) |
---|
THE NATIONAL YOUTH COUNCIL
COLLATION OF NATIONAL YOUTH COUNCIL ELECTION RESULTS AT THE CONSTITUENCY TALLYING CENTRE
Constituency.............................................................................................County....................................................................................................Name ofVotingStation | RegisteredVoters | Candidate 1 | Candidate 2 | Candidate 3 | TotalValidVotes | RejectedBallots |
No. | Name of Candidate or Agent | ID/Passport No. | Party NameIndependentCandidate | Tel. Contact | Signature | Date |
---|---|---|---|---|---|---|
1. | ||||||
2. | ||||||
3. |
_____________________________
Form 4 | (para. 46) |
---|
THE NATIONAL YOUTH COUNCIL
CERTIFICATE OF ELECTED DELEGATE OF THE NATIONAL YOUTH COUNCIL (INSERT NAME OF WARD/CONSTITUENCY)
The Constituency Returning Officer hereby declares that .................... of ID No........................... has been duly elected as the delegate of the National Youth Council Elections for ......................Constituency in the election held on .......day of ................. 20...........Constituency Returning Officer: ..........................................................................Signature: ..............................................................................................Dated this ............. Day of ............................, 20 ....................Stamp_____________________________
ANNEXURE 2
(para. 26(1)(b)) |
---|
ELECTORAL CODE OF CONDUCT
_____________________________
ANNEXURE 3
(para. 26(1)(c), 26(2), 27(2)) |
DECLARATION OF ACCEPTANCE OF ELECTORAL CODE OF CONDUCT
I .................................................... being a candidate/agent/representative/observer (highlight as appropriate) do hereby accept be bound by the Electoral Code of Conduct, and with such rules, regulations or guidelines as may be made from time for the purpose of giving effect to the said Electoral Code of Conduct.Name .......................................................................................................ID/Passport Number: ........................................................................................County ......................................................................................................Constituency ................................................................................................Ward .........................................................................................................Telephone ....................................................................................................Organisation ..................................................................................................P.O.Box .......................................................................................................Sign ..........................................................................................................Date ............................................................................................................_____________________________
ANNEXURE 4
(para. 22) |
---|
CODE OF CONDUCT FOR VOTER EDUCATORS AND VOTER EDUCATION PROVIDERS
_____________________________
ANNEXURE 5
(para. 23) |
---|
STATEMENT OF ACCEPTANCE OF VOTER EDUCATION CODE OF CONDUCT
I .......................................... do hereby accept to serve as a voter educator.I accept to be bound by the Code of Conduct for voter educators and voter education providers and with such rules, regulations or guidelines as may be made from time for the purpose of giving effect to the said Code of Conduct at all times during my term of service as a voter educator or voter education provider.I undertake to relinquish my duty as a voter educator or voter education provider if required to do so, for good cause by the National Steering Committee.Name ............................................................................................................ID/Passport Number: ...............................................................................................County .............................................................................................................Constituency ......................................................................................................Ward ...............................................................................................................Telephone ..........................................................................................................Organisation ........................................................................................................P.O.Box ..............................................................................................................Sign ..................................................................................................................Date ..................................................................................................................._____________________________
ANNEXURE 6
(para. 58) |
---|
FIT AND PROPER TEST DECLARATION
NOTES:(a) Read the declaration on Section 5 below before completing this form.(b) In case the spaces provided are inadequate, use additional paper.(c) This form should be submitted as prescribed, duly completed, accompanied by the documents specified in the text.Qualification s | Year Obtained | Institution | ExaminingBody | Grade Obtained | |
Qualification s | Year Obtained | Institution | ExaminingBody | Grade Obtained | |
Period | Name of Employer/Business and Address | Position Held & Dates | Responsibilities | Reasons for/Leaving (where applicable) | |
Company's Name | Date ofIncorporation | Number ofShares held | % of Shareholding | Past Shares HoldingA | Past Shares HoldingB | Remarks | |
A: Refers to date of closure or surrender of shares | |||||||
B: Refers to reasons for closure or surrender |
Company'sName | Date ofIncorporation | Executive or Non- executive | Position held in case of Executive | Past Directorships C | |
C: Refers to date of retirement/cessationD: Refers to reasons for retirement/cessation |
Nameof body | MembershipNo. | Position Held(if any) | Position held in case of Executive | PastMembership | Remarks | Name of body | ||
E | F | |||||||
E: Refers to date when membership ceasedF: Refers to reasons for cessation of membership |
Name of organisation | Membership No. (If any) | Position Held (if any) | Position held in case of Executive | Past Membership | Remarks | ||
G | H | ||||||
G: Refers to date of retirement, resignation or dismissal.H: Refers to reasons for retirement, resignation or dismissal. |
Name of Borrower* | Name of Lender | Type of Facility | Amount Borrowed | Date of Offer | Terms of Facility | Security Offered | Value of Security | Current Outstanding Balance, KES | Remarks | |
*Applicant to indicate individual/personal as well as borrowings by associated private companies in which the applicant controls more than of 5% of shareholding. |
Name ofReferee | PostalAddress | e-mail address | Tel no. (s) | Position (where applicable) | Relationship with applicant |
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
03 September 2021
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