The National Youth Service (Board of Inquiry) Regulations

Legal Notice 9 of 2021

This is the latest version of this Legal Notice.
Citation
Legal Notice 9 of 2021
Primary work
National Youth Service Act
Date
Language
English
Type
Legal Notice
Publication
Download PDF (43.1 KB)
Related documents
LAWS OF KENYA

NATIONAL YOUTH SERVICE ACT

THE NATIONAL YOUTH SERVICE (BOARD OF INQUIRY) REGULATIONS

LEGAL NOTICE 9 OF 2021

  • Published in Kenya Gazette Vol. CXXIII—No. 47 on 5 March 2021
  • Commenced on 5 March 2021
  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 National Youth Service (Board of Inquiry) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Act" means the National Youth Service Act (Cap. 208);"Board" means the Board of Inquiry convened by the Director-General or an officer authorized by the Director-General for the purposes of conducting an inquiry under section 60 of the Act;"child" has the meaning assigned to it under Article 260 of the Constitution;"Chairperson" means the Chairperson of the Board of Inquiry;"convening Authority" means the Director-General or an officer acting under the delegated authority of the Director-General; and"Order" means a directive issued by the convening Authority to the Board, specifying the terms of reference and timeframe within which the Board is to conclude its inquiry.

Part II – BOARD OF INQUIRY

3. Board of Inquiry

(1)The convening Authority may convene a Board of Inquiry, through an Order in writing, to investigate and report on facts relating to any matter under section 60 of the Act.
(2)The Board shall consist of five persons, one of whom shall be an officer of a rank not lower than that of a Chief Inspector who shall be the Chairperson of the Board.
(3)The Order made under paragraph (1) shall specify the terms of reference of the Board of Inquiry and the timeframe within which the Board shall conclude its proceedings.

4. Investigations

(1)The Board shall investigate and report to the convening Authority on facts relating to any of the matters referred to under section 60 of the Act.
(2)The Board may, on conclusion of the investigation under paragraph (1), express its opinion on any question arising out of such matters.

5. Meeting

(1)The Board shall meet at the time and place as stated in the Order.
(2)Despite paragraph (1), the Board may with the approval of the convener, meet at such place and time as it deems necessary.

6. Terms of reference

(1)The Chairperson shall, at the first sitting, lay the terms of reference before the Board as set out in the Order.
(2)The Board shall, on tabling of the terms of reference in accordance with paragraph (1), proceed to hear and record evidence in accordance with these Regulations and the Act.

7. Inquiry

(1)The Board shall hear the evidence of any witness who has been made available to it by the convening Authority and any other person it deems fit.
(2)Subject to regulation 9, a witness may be represented while giving evidence before the Board.
(3)A witness for the prosecution who has been summoned by the Board shall be reimbursed such reasonable expenses of his or her attendance upon production of the necessary documentation.
(4)Subject to the Evidence Act (Cap. 80), the Board may take into consideration any evidence it considers relevant to the subject of the matter before it.

8. Witnesses

A person who is the subject of inquiry may question a witness or call any witness to give evidence on any matter which may affect him or her and if represented, the representative may examine a witness, but the representative shall not address the Board without the permission of the Board.

9. Examination of witnesses

(1)The convening Authority may, subject to paragraph (2) direct that every witness before the Board be examined on oath.
(2)If in the opinion of the Board a child of tender age does not understand the nature of an oath, the evidence of the child may be received, even though not given on oath, if the Board is satisfied that the child is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.
(3)An oath shall be administered before the Board in the manner set out in the Schedule.

10. Exhibit

(1)Any evidence produced before the Board by a witness when giving his or her evidence shall be an exhibit.
(2)Every exhibit shall—
(a)be marked with a number or letter and be signed by the Chairperson or have a label affixed to it bearing a number or letter and the signature of the Chairperson; and
(b)be attached to or kept with a record of the proceedings unless in the opinion of the Board it is not expedient to attach it to or keep it with the record.
(3)The Chairperson shall ensure that proper steps are taken for the safe custody of exhibits where an exhibit is not attached or kept with the record of proceedings.

11. Recording of proceedings

(1)The Chairperson shall record or cause to be recorded the proceedings of the Board, in writing, and in sufficient detail to enable the convening Authority to follow the course of the proceedings.
(2)The evidence of each witness shall be recorded in narrative form and in as nearly as possible the words used, provided that if the Board considers it necessary, any particular question and answer shall be taken down verbatim.
(3)The evidence of each witness, shall be read to the witness as soon as it has been taken down in accordance with paragraph (2), and shall be signed by the witness upon confirmation of its accuracy.
(4)A record of the proceedings shall be signed by the Chairperson and the Board members and forwarded to the convening Authority.

12. Report

(1)On conclusion of an inquiry, the Board shall submit to the convening Authority a detailed report containing the record of its proceedings including the witness statements, the convening Order, list of exhibits, the oath administered to the witnesses and the findings and recommendations of the Board.
(2)The convening Authority shall act on the recommendations of the Board.

SCHEDULE [r. 9(3)]

OATH

I ....................................................................... (Personal Number, Rank, Name), do solemnly affirm/ swear by the Almighty God that the evidence I shall give before this Board touching the matter in question shall be the truth nothing but the whole truth.
▲ To the top

History of this document

31 December 2022 this version
05 March 2021
Commenced
Read this version