The Supplies Practitioners Management (Council Election) Regulations

Legal Notice 94 of 2022

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The Supplies Practitioners Management (Council Election) Regulations

Citation

Legal Notice 94 of 2022

Primary work

Supplies Practitioners Management Act

Date

Language

English

Type

Legal Notice

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SUPPLIES PRACTITIONERS MANAGEMENT ACT

THE SUPPLIES PRACTITIONERS MANAGEMENT (COUNCIL ELECTION) REGULATIONS

LEGAL NOTICE 94 OF 2022

Published in Kenya Gazette Vol. CXXIV—No. 112 on 17 June 2022
Commenced on 17 June 2022

[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Regulations may be cited as the Supplies Practitioners Management (Council Election) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—“aspirant” means a member of the Institute who is nominated to contest in an election;“candidate” means a person who has been approved by the electoral body to contest for an elective post pursuant to regulation 17;“Committee” means the Elections Dispute Resolution Committee established under regulation 6;“election” means the process by which members of the Institute vote for the Chairman and members of the Council;“electoral body” means the Independent Electoral and Boundaries Commission established under Article 88 of the Constitution.

3. Purpose of the Regulations

The purpose of these Regulations is to provide for the procedure for the election of—

(a)the Chairman of the Council; and

(b)six members of the Council.

4. Guiding Principles

The election of the Chairman and members of the Council shall—

(a)be by secret ballot;

(b)use a system of voting that is simple, accurate and verifiable; and

(c)be conducted in a free, transparent and fair manner.

Part II – INSTITUTIONAL FRAMEWORK

5. Appointment of the Electoral body

(1)The Council shall, at least one hundred and twenty days to the election, appoint the Independent Electoral and Boundaries Commission to conduct the elections.

(2)The electoral body appointed under subregulation (1) shall—

(a)receive and consider nomination papers of aspirants who seek elective office under these Regulations;

(b)approve qualified aspirants to contest in the election;

(c)supervise the casting of votes;

(d)determine, declare and publish the results of the election; and

(e)accredit a person as an agent or observer for purposes of the election.

6. Dispute Resolution Committee

(1)There is established a committee to be known as the Election Disputes Resolution Committee which shall comprise of—

(a)one person nominated by the Nairobi Centre for International Arbitration established under section 4 of the Nairobi Centre for International Arbitration Act (Cap. 49A), who shall be the chairperson;

(b)three members of the Institute with at least seven years’ experience, nominated by the Council through an open and competitive process;

(c)an advocate of the High Court of Kenya with at least ten years’ experience nominated by the Law Society of Kenya; and

(d)the Corporation Secretary of the Institute, who shall be an ex officio member.

(2)The Committee shall be constituted at least one hundred and fifty days before the election.

(3)The Committee shall be responsible for resolving disputes arising from—

(a)the publication of the register of members under regulation 9;

(b)the nomination of candidates for the election;

(c)the voting process; and

(d)the outcome of the election.

(4)The quorum of the Committee shall be at least three members.

(5)The Committee shall determine a dispute before it within ten days from the date the dispute is lodged.

(6)A person aggrieved by a decision of the Committee under this regulation may appeal to the High Court.

7. Powers of the Committee

In the performance of its functions under these Regulations, the Committee shall have the power—

(a)to call for any document from any person to aid in its investigations;

(b)to issue summons to any person to appear before it and give evidence;

(c)to affirm a decision made by the electoral body;

(d)to vary the decision made by the electoral body;

(e)to nullify the candidature of a candidate;

(f)to award costs; and

(g)to exercise any other power for the effective discharge of its functions.

Part III – CONDUCT OF ELECTIONS

8. Date of the Election

(1)The election of the Chairman and members of the Council shall be held between every second Wednesday and second Friday in January in every third year.

(2)The election shall commence at 12:00 noon on the second Wednesday and conclude at 12:00 noon on the second Friday.

9. Publication and inspection of register

Pursuant to section 19 of the Act, the Registrar shall, at least ninety days before the election, publish the register of members of the Institute on the Institute’s website for inspection by the members of Institute.

10. Rectification of entries in the register

(1)A member of the Institute may, upon inspection of the register under regulation 9, request the Registrar to rectify an entry in the register which is inaccurate, outdated, incomplete or misleading.

(2)The request under subregulation (1) shall be made within seven days after the date of the publication of the register and the Registrar shall—

(a)rectify the entry in the register within seven days after the request; or

(b)decline the request and inform the applicant in writing of the reasons for declining the request within seven days after the request.

(3)The Registrar shall, within twenty-one days after the publication of the register under regulation 9, submit the register of members to the body responsible for conducting the election.

(4)A person aggrieved by a decision of the Registrar in relation to the accuracy of the information contained in the register of members may lodge a dispute before the Committee.

11. Eligibility to vote

A member of the Institute shall be eligible to vote in an election if that member has paid the annual subscription prescribed under section 3A(4) of the Act.

12. Notice of vacancy in the Council

(1)The Chief Executive Officer shall, at least ninety days before the election, issue a notice of vacancy in the Council.

(2)The notice under subregulation (1) shall be published in at least two newspapers of national circulation and the website of the Institute.

(3)The notice shall specify—

(a)the vacant office in the Council which is the subject of the election;

(b)the date and time when the election shall be conducted;

(c)the qualifications for nomination under regulation 13; and

(d)the date and manner by which the nomination papers shall be submitted to the Chief Executive Officer.

13. Qualifications for nomination

(1)A person shall qualify to contest in an election under these Regulations if that person—

(a)is registered as a member of the Institute in accordance with section 3A of the Act;

(b)has paid the fee prescribed under section 3A(4) of the Act;

(c)holds a valid practicing license;

(d)has not been convicted of an election offence under regulation 22; and

(e)meets the requirements of leadership and integrity set out under Chapter Six of the Constitution.

(2)A person contesting for an elective post under these Regulations shall—

(a)fill the Intent-to-Vie Form F1 as set out in the Schedule;

(b)fill nomination Form SPN 1 as set out in the Schedule, in the case of the Chairman, and nomination Form SPN 2 as set out in the Schedule in the case of a member of the Council;

(c)be proposed by a member of the Institute and seconded by another member of the Institute;

(d)be supported by at least fifty members of the Institute, where contesting for the position of the Chairman, and at least twenty-five members where contesting for the position of a member of the Council; and

(e)deliver the Intent-to-vie form and nomination Form to the Institute either physically or electronically not later than the date specified in the notice under regulation 12.

(3)A person shall not propose, second or support an aspirant under this regulation unless that person—

(a)is a registered member of the Institute; and

(b)has paid the fee prescribed under section 3A(4) of the Act.

14. Nomination Form.

The nomination Form under regulation 13(2)(b) shall detail—

(a)the name and address of the aspirant;

(b)membership registration number of the member;

(c)license Number of the member;

(d)the year of admission to the Institute;

(e)the physical location where the candidate ordinarily practices from;

(f)the office for which the candidate is nominated;

(g)a description or profile of the candidate in not more than one hundred words;

(h)a declaration that the information contained in the nomination Form is true and correct;

(i)a declaration as to any pending convictions in court or declaration of bankruptcy by court; and

(j)evidence of compliance with the requirements of leadership and integrity set out in Chapter Six of the Constitution.

15. Intent-to-vie Form.

(1)The duly completed nomination Form shall be accompanied by an intent-to-vie Form set out in the Schedule.

(2)The intent-to-vie Form shall be lodged with the Institute not later than the date fixed for submission of the nomination Form.

16. Verification of nominations.

(1)The electoral body shall, at least sixty days before the election, verify the nominations received under paragraph 13(2) and determine if an aspirant is eligible to contest at the election in accordance with regulation 13(1).

(2)The electoral body shall, on the sixtieth day to the election, notify the members of Institute of the candidates approved to contest in the election and publish the list of candidates on the Institute’s website.

(3)Any person dissatisfied with any decision of the electoral body under this regulation may within two days from the date of notification of such decision, lodge a dispute with the Committee.

(4)Any person may within two days from the date of the decision of the Committee, seek a review of the decision of the Committee, where there is an error apparent on the face of the nomination Form.

17. Withdrawal of candidature.

(1)A candidate may within thirty days before the date of the election, withdraw his candidature in writing to the electoral body.

(2)The electoral body shall notify the members of Institute of the withdrawal of candidature received pursuant to subregulation (1) and publish a notice of withdrawal of candidature on the Institute’s website, within forty-eight hours of receipt of the withdrawal.

18. Unopposed candidates.

(1)Where only one candidate declares interest for any vacant position in the Council, such candidate shall be deemed to have been duly elected.

(2)The electoral body shall, issue a certificate of election to the candidate elected unopposed under subregulation (1).

19. Campaign Period.

The campaign period shall commence sixty days before the date of the election and terminate forty-eight hours before the date of the election.

20. Voting.

Voting at an election under these Regulations shall be by electronic means and shall begin at 12:00 noon on the second Wednesday in January and end at 12:00 noon on the second Friday in January.

21. Determination of election disputes.

(1)A person who is aggrieved by the results of an election may, within seven days after the date of the declaration of the results, lodge a dispute with the Committee.

(2)A person who is aggrieved by the decision of the Committee may appeal against that decision to the High Court.

Part IV – ELECTION OFFENCES

22. Election Offences

(1)A person who—

(a)offers his or her candidature or otherwise campaigns, outside the prescribed campaign period;

(b)makes derogatory statements about other candidates and the Institute;

(c)distributes gifts to members to entice them to vote for a candidate;

(d)distributes offensive campaign materials;

(e)circulates campaign materials before the commencement of the campaign period;

(f)proposes or seconds candidates while not being in good standing with the Institute;

(g)knowingly or by design uses derogatory and defamatory communication or material, literature or and any other campaign materials in whatever medium;

(h)directly and indirectly bribes, influences or induces a member of the Institute to vote or refrain from voting; or

(i)makes false accusations or malicious statements against another candidate; commits an election offence.

(2)Any person who commits an offence under subregulation (1) shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding twenty thousand shillings or both.

23. Revocation of L.N. 247/2015.

The Supplies Practitioners Management (Election) Regulations, 2015, are revoked.

SCHEDULE

FORMS

Form 1

r.13(2)(a)

INTENT TO VIE FORM

B. PERSONAL INFORMATION
	1. Full Name:
	2. Member Registration Number:
	3. License No:
	4. Position Nominated for:
	5. Educational and Professional Qualifications: (Starting with the highest qualification)
	6. Contact Details:
C. ADDITIONAL/OPTIONAL INFORMATION
	1. Salutations/ Designations
	2. Employment and Career progression in the last five years including current engagement:
	3. Professional activities, other than employment
4. Candidates personal statement
Signature of Aspirant .........................................Date..............................

Form 1

r.13(2)(a)

NOMINATION FORM

Full Name:.........................................................................................
Address: ............................................................................................
Organisation ......................................................................................
Designation ........................................................................................
ELIGIBILITY CRITERIA
Have you paid up subscription fees for the year 20..........?
Are you compliant with CPD requirements for the year 20............?
Do you have any pending disciplinary case against you?
We, being registered members of the Kenya Institute of Supplies Management (the Institute) in good standing, hereby nominate the following person who is a registered member of the Institute in good standing, to vie for election for the position of Chairman or Council member of the Institute:

	NAME	REG NO	SIGNATURE
PROPOSER
SECONDER
SUPPORTERS
1.
2.
3.

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History of this document

31 December 2022 this version

Revised by 24th Annual Supplement

17 June 2022

Published in Kenya Gazette 112

Commenced

Read this version

The Supplies Practitioners Management (Council Election) Regulations

Legal Notice 94 of 2022

The Supplies Practitioners Management (Council Election) Regulations

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SUPPLIES PRACTITIONERS MANAGEMENT ACT

THE SUPPLIES PRACTITIONERS MANAGEMENT (COUNCIL ELECTION) REGULATIONS