National Youth Council Act

This Act may be cited as the National Youth Council Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 132
Version: 31 Dec 2022
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the National Youth Council Act. Provides definitions of terms used in the Act, including Board, Council, financial year, Cabinet Secretary, national youth policy, and youth. Establishes a Secretary appointed by the Council (must be a youth); sets term limits (no more than five years or until age 35, whichever is earlier); Secretary is an ex‑officio non‑voting member; Secretary is CEO responsible for day‑to‑day management subject to Council direction. The Secretary is responsible, in consultation with the Council, for directing the Council's affairs and must carry out duties including maintaining staff efficiency and discipline, managing the budget, performing duties assigned by the Council, and submitting an annual programme to the Council for approval at least three months before each financial year starts. The Council may employ staff necessary for the proper and efficient discharge of its functions and determine their terms and conditions of service.

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Provisions of National Youth Council Act

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Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the National Youth Council Act.

Section 1. Short title Section This Act may be cited as the National Youth Council Act.
2
PRELIMINARY - 2. Interpretation
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Provides definitions of terms used in the Act, including Board, Council, financial year, Cabinet Secretary, national youth policy, and youth.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Board" means the Youth Advisory Board established under section 16; "Council" means the National Youth Council established under section 3 ; "financial year" means the period of twelve months ending on the thirtieth June in each year; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for youth affairs; "national youth policy" means a policy on youth formulated by the Ministry for the time being responsible for youth affairs: and "youth" means a person aged between eighteen and thirty-five years.

Part II

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL

10
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 10. Secretary
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Establishes a Secretary appointed by the Council (must be a youth); sets term limits (no more than five years or until age 35, whichever is earlier); Secretary is an ex‑officio non‑voting member; Secretary is CEO responsible for day‑to‑day management subject to Council direction.

Section 10. Secretary Section 10(1) There shall be a Secretary who shall be a youth appointed by the Council. Section 10(2) The Secretary shall hold office for a period not exceeding five years, or until he or she attains the age of thirty-five years, whichever is the earlier, on such terms and conditions of service as the Council may, from time to time determine. Section 10(3) The Secretary shall be an ex-officio member of the Council but shall have no right to vote at any meeting of the Council. Section 10(4) The Secretary shall be the chief executive officer of the Council and shall, subject to the direction of the Council, be responsible for the day to day management of the Council.
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ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 11. Functions of the Secretary
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The Secretary is responsible, in consultation with the Council, for directing the Council's affairs and must carry out duties including maintaining staff efficiency and discipline, managing the budget, performing duties assigned by the Council, and submitting an annual programme to the Council for approval at least three months before each financial year starts.

Section 11. Functions of the Secretary Section 11(1) The Secretary shall, in consultation with the Council, be responsible for the direction of the affairs and transactions of the Council, the exercise, discharge and performance of its objectives, functions and duties. Section 11(2)(a) ensure the maintenance of efficiency and discipline by all staff of the Council; Section 11(2)(b) manage the budget of the Council to ensure that its funds are properly expended and accounted for; and Section 11(2)(c) perform such other duties as the Council may, from time to time, assign. Section 11(3) The Secretary shall submit to the Council for approval, not later than three months before the commencement of each financial year, a programme of activities of the Council in respect of that financial year.
12
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 12. Staff of the Council
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The Council may employ staff necessary for the proper and efficient discharge of its functions and determine their terms and conditions of service.

Section 12. Staff of the Council Section The Council may employ such staff as may be necessary for the proper and efficient discharge of its functions under this Act, upon such terms and conditions of service as the Council may determine.
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ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 13. The common seal of the Council
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The Council's common seal must be kept in the custody of the Secretary or another person the Council directs and may be used only on the order of the Council; when affixed and duly authenticated it will be officially noticed; authentication requires the signatures of the Chairperson and the Secretary, and if either is absent the Council shall nominate a member to authenticate.

Section 13. The common seal of the Council Section 13(1) The common seal of the Council shall be kept in the custody of the Secretary or of such other person as the Council may direct, and shall not be used except upon the order of the Council. Section 13(2) The common seal of the Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Council under this section shall be presumed to have been given. Section 13(3) The common seal of the Council shall be authenticated by the signature of the Chairperson of the Council and the Secretary: Provided that the Council shall, in the absence of either the Chairperson or the Secretary, in any particular matter, nominate one member of the Council to authenticate the seal of the Council on behalf of either the Chairperson or the Secretary.
14
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 14. Protection of Council from liability
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Liability does not attach to the Council, its staff, or a Council member for loss or damage from acts or omissions done in good faith and without negligence; the Council must pay certain legal expenses when a court finds the act was in good faith.

Section 14. Protection of Council from liability Section 14(1) Liability shall not attach to the Council, or to any of its staff, or to a member of the Council for loss or damage sustained by any person as a result of any act or omission done or made in good faith and without negligence in the performance or exercise or the intended performance or exercise of any duty or power imposed or conferred by or under this Act. Section 14(2) Any expenses incurred by any person in any suit or prosecution brought against him in any court in respect of any act which is done or purported to be done by him under the direction of the Council shall, if the court holds that such act was done in good faith, be paid out of the general funds of the Council, unless such expenses are recovered by him in such suit or prosecution.
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ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 15. Liability of the Council for damages
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The Council remains liable to pay compensation or damages to any person for injury to them, their property or interests caused by exercise of powers under this Act or other written law, or by failure (wholly or partially) of any works.

Section 15. Liability of the Council for damages Section The provisions of section 14 shall not relieve the Council of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interests caused by the exercise of any power conferred by this Act or by any other written law or by the failure, whether wholly or partially, of any works.
3
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 3. Establishment of the Council
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Establishes a Council called the National Youth Council.

Section 3. Establishment of the Council Section 3(1) There is hereby established a Council to be known as the National Youth Council. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing money; and Section 3(2)(d) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act, which may lawfully be done by a body corporate.
4
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 4. Functions of the Council
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The Council has the function to regulate and co-ordinate youth-related activities and initiatives carried out by youth groups, community-based organisations, NGOs, civil society movements and other organisations.

Section 4. Functions of the Council Section regulate and co-ordinate activities and initiatives relating to the youth being undertaken by youth groups, youth focused community-based organizations, non-governmental organizations, civil society movements and other organizations;
5
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 5. Composition of the Council
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Section 5 lists the composition of the Council and specifies that the Chairperson, eight elected youths, and up to eight other nominated youths are appointed by the Cabinet Secretary.

Section 5. Composition of the Council Section 5(1)(a) a Chairperson nominated by the Council and appointed by the Cabinet Secretary; Section 5(1)(b) the Principal Secretary in the Ministry for the time being responsible for youth affairs or his or her representative appointed in writing; Section 5(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance or his or her representative appointed in writing; Section 5(1)(d) the Attorney-General or his or her representative appointed in writing; Section 5(1)(e) the Principal Secretary in the Ministry for the time being responsible for education or his or her representative appointed in writing; Section 5(1)(f) the Principal Secretary in the Ministry for the time being responsible for internal security and provincial administration or his or her representative appointed in writing; Section 5(1)(g) eight youths elected by the youth in such manner as may be prcscribed, and appointed by the Cabinet Secretary; Section 5(1)(h) not more than eight other youths, of whom at least three shall be of the female gender and one shall be a youth with disability, nominated by the National Youth Congress in such manner as may be prescribed and appointed by the Cabinet Secretary; Section 5(1)(i) the Secretary, appointed under section 10. Section 5(2)(a) possesses at least an undergraduate degree from a recognized institution; Section 5(2)(b) has at least three years experience in youth development matters gained locally or internationally; Section 5(2)(c) has demonstrated ability to provide youth leadership and youth mobilization; Section 5(2)(d) is knowledgeable in, or has actively contributed to the promotion of, youth development agenda; Section 5(2)(e) is of high integrity, ethical and responsive to the needs and aspirations of the youth; Section 5(2)(f) is a youth as defined under this Act. Section 5(3) An appointment under subsection (1)(a), (g) and (h) shall be by name and notice in the Gazette .
6
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 6. Powers of the Council
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Section 6 lists the powers of the Council, including entering into contracts; managing and administering its assets for its purposes; receiving gifts, grants, donations or other moneys and making disbursements; associating with bodies inside or outside Kenya; opening banking accounts; creating branches; creating or joining corporations or bodies to assist youth programmes; and authorizing members or employees to exercise specified powers subject to reporting requirements.

Section 6. Powers of the Council Section 6(1)(a) enter into contracts; Section 6(1)(b) manage, control and administer its assets in such manner and for such purposes as best promote the purpose for which the Council is established; Section 6(1)(c) receive any gifts, grants. donations or endowments made to the Councilor any other moneys in respect of the Council and make disbursements therefrom in accordance with the provisions of this Act; Section 6(1)(d) enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the purposes for which it is established; and Section 6(1)(e) open a banking account or banking accounts for the funds of the Council into which all moneys received by the Council shall be paid in the first instance and out of which all payments made by the Council shall be made; Section 6(1)(f) create branches from the sub-location to the national level and such other branches as it may deem necessary or desirable for the promotion of youth empowerment and development. Section 6(2) The Council may, when it considers it necessary or desirable, create or take part in the creation of or otherwise become a member of, or associated with, corporations or other bodies or associations designed to assist or promote youth programmes and initiatives. Section 6(3) The Council may authorize a member or an employee to exercise on its behalf such of, its powers as it may from time to time specify, but the exercise of such powers shall, to the extent required by the Council, be reported within the specified time to a meeting of the Council.
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ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 7. Conduct of business and affairs of the Council
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The Council's conduct and regulation of its business and affairs must follow the First Schedule; except where the First Schedule provides otherwise, the Council may regulate its own procedure.

Section 7. Conduct of business and affairs of the Council Section 7(1) The conduct and regulation of the business and affairs of the Council shall be as provided in the First Schedule. Section 7(2) Except as provided in the First Schedule, the Council may regulate its own procedure.
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ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 8. Delegation by the Council
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The Council may, by resolution, delegate any of its powers, functions or duties to a committee, officer, staff member or agent.

Section 8. Delegation by the Council Section The Council may, by resolution either generally or in any particular case, delegate to any committee of the Council or to any officer, member of staff or agent of the Council, the exercise of any of the powers or the performance of any of the functions or duties of the Council under this Act.
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ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 9. Remuneration of members of the Council
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Members of the Council are entitled to be paid remuneration, fees, allowances and disbursements for expenses, subject to approval by the Cabinet Secretary responsible for finance on the Council's recommendation.

Section 9. Remuneration of members of the Council Section The members of the Council shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary for the time being responsible for finance, on the recommendation of the Council.

Part III

ESTABLISHMENT AND FUNCTIONS OF THE BOARD

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ESTABLISHMENT AND FUNCTIONS OF THE BOARD - 16. Establishment of the Board
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Establishes the Youth Advisory Board and lists its membership including a Chairperson appointed by the President; the Principal Secretary responsible for youth affairs or representative; specified sectoral and organizational members; and two experts appointed by the Cabinet Secretary.

Section 16. Establishment of the Board Section 16(1) There is hereby established a Board to be known as the Youth Advisory Board. Section 16(2)(a) a Chairperson appointed by the President; Section 16(2)(b) the Principal Secretary in the Ministry for the time being responsible for youth affairs or his representative; Section 16(2)(c) deleted by Act No.18 of 2014, Sch. Section 16(2)(d) the Kenya Private Sector Alliance; Section 16(2)(d)(i) the Kenya Private Sector Alliance; Section 16(2)(d)(ii) the Kenya National Council for Person with Disabilities working in the youth sector; Section 16(2)(d)(iii) Non-Governmental Organisation working in the youth sector; Section 16(2)(d)(iv) the public universities; Section 16(2)(d)(v) the National Agency for the Campaign Against Drug Abuse: Section 16(2)(e) two persons, who shall be experts on youth affairs, appointed by the Cabinet Secretary. Section 16(3) Deleted by Act No.18 of 2014, Sch. [Act No. 18 of 2014 , Sch.]
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ESTABLISHMENT AND FUNCTIONS OF THE BOARD - 17. Functions of the Board
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The Board must (a) receive and approve the plans, reports, financial statements and the budget of the Council; (b) advise the Council generally on the exercise of its powers and performance of its functions under this Act; and (2) the Board shall have such other functions as may be conferred on it by or under this Act.

Section 17. Functions of the Board Section 17(1)(a) receive and approve the plans, reports, financial statements and the budget of the Council; and Section 17(1)(b) advise the Council generally on the exercise of its powers and the performance of its functions under this Act. Section 17(2) The Board shall have such other functions as may be conferred on it by or under this Act. [Act No. 18 of 2014 , Sch.]
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ESTABLISHMENT AND FUNCTIONS OF THE BOARD - 18. Conduct of business of Board
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The Board may regulate its own procedure (except as provided in the Second Schedule); members of the Board are to be paid remuneration approved by the Cabinet Secretary responsible for finance; the Board may invite persons to meetings without giving them a vote.

Section 18. Conduct of business of Board Section 18(1) The business and affairs of the Board shall be conducted in accordance with the Second Schedule. Section 18(2) Except as provided in the Second Schedule, the Board may regulate its own procedure. Section 18(3) The members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary for the time being responsible for finance. Section 18(4) The Board may invite any person to attend any of its meetings and to participate in its deliberations but such a person shall not have a vote in any decision of the Board.

Part IV

FINANCIAL PROVISIONS

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FINANCIAL PROVISIONS - 19. Funds of the Council
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Funds consist of moneys that may be appropriated by Parliament for the purposes of the Council.

Section 19. Funds of the Council Section such moneys as may be appropriated by Parliament for the purposes of the Council;
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FINANCIAL PROVISIONS - 20. Annual estimates
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The Council must prepare and approve annual revenue and expenditure estimates and submit them to the Cabinet Secretary for approval; it cannot increase approved estimates without the Cabinet Secretary's consent.

Section 20. Annual estimates Section 20(1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Council for that financial year. Section 20(2)(a) the payment of salaries, allowances and other charges in respect of the officers, agents or members of staff of the Council; Section 20(2)(b) the payment of pensions, gratuities and other charges in respect of retirement benefits payable to the members of staff of the Council; Section 20(2)(c) the proper maintenance, repair and replacement of the equipment and other movable property of the Council; and Section 20(2)(d) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or equipment, or in respect of such other matters as the Council may deem appropriate. Section 20(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and, once approved, shall be submitted to the Cabinet Secretary for approval and, after the Cabinet Secretary's approval, the Council shall not increase the annual estimates without the consent of the Cabinet Secretary. Section 20(4) No expenditure shall be incurred for the purposes of the Council except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorisation of the Council given with prior written approval of the Cabinet Secretary, and the Cabinet Secretary for the time being responsible for finance.
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FINANCIAL PROVISIONS - 21. Accounts and audit
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The Council must keep proper accounting records and prepare statements of income and expenditure and of assets and liabilities; the Auditor-General must audit and report on the Council's accounts under the Public Audit Act.

Section 21. Accounts and audit Section 21(1) The Council shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities of the Council. Section 21(2)(a) a statement of the income and expenditure of the Council during that financial year; and Section 21(2)(b) a statement of the assets and liabilities of the Council on the last day of that financial year. Section 21(3) The accounts of the Council shall be audited and reported upon by the Auditor-General in accordance with the provisions of the Public Audit Act (Cap. 412B).
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FINANCIAL PROVISIONS - 22. Investment of funds
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The Council may invest its funds in certain securities or place surplus money on deposit, subject in some cases to the Cabinet Secretary for Finance's approval.

Section 22. Investment of funds Section 22(1) The Council may invest any of its funds in securities in which the Council may by law invest trust funds, or in any other securities which the Cabinet Secretary for the time being responsible for finance may, from time to time, approve. Section 22(2) The Council may, subject to the approval of the Cabinet Secretary for the time being responsible for finance, place on deposit with such bank or banks as it may determine, any moneys not immediately required for its purposes.

Part V

MISCELLANEOUS

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MISCELLANEOUS - 23. Establishment of branches
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The Council may establish branches or organs it considers necessary to properly carry out its functions under the Act.

Section 23. Establishment of branches Section The Council may establish such branches or organs as it may deem necessary for the effective and proper discharge of its functions under this Act.
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MISCELLANEOUS - 24. Regulations
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The Cabinet Secretary may make regulations, on the recommendation of the Council, to carry the provisions of the Act into effect.

Section 24. Regulations Section The Cabinet Secretary may, on the recommendation of the Council, make regulations generally for the better carrying into effect the provisions of this Act.

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