President's Award Act

This Act may be cited as the President's Award Act.

This section provides definitions of terms used in the Act, including Award programme, Board, Cabinet Secretary, International Award, Participant, Participating institution, the President's Award-Kenya, and young persons.

This section regulates awarding awards to young persons who voluntarily undertake self-development activities.

When the question of removing the Chief Executive Officer under subsection (1) arises, the Board must give the Chief Executive Officer an opportunity to respond in writing.

The Board may appoint staff and determine their terms; the Public Service may second public officers to the Board. A public officer seconded to the Board is deemed an employee of the Board and must comply with the Constitution, this Act, relevant written law on ethics, leadership and anti‑corruption, and any instructions of the Board.

The Board may engage experts or consultants to assist it in carrying out its functions.

The Board may, by resolution, delegate any of its powers, functions or duties to a committee or to a member, officer, employee or agent of the Board.

The Board must keep its common seal in custody as it directs; the seal may only be used as authorized by the Board. Documents required to be under seal must be sealed and authenticated by the Chairperson and Chief Executive Officer; where seal is not required a document may be executed by the Chairperson or Chief Executive Officer. If those officers are absent the Board must nominate a member to authenticate. Documents executed as required bind the Board.

Members, officers, agents and employees of the Board are not personally liable for omissions or acts done in good faith while performing Board functions under this Act.

The Board must pay compensation or damages to a person for injury to the person, their property or interests when caused by the exercise of a power under this Act or any other written law.

Establishment of the Board of Trustees; section on suing and being sued.

Section 5 sets out the Board composition, qualifications and diversity requirements, vacancy and removal rules, volunteer status and reimbursement entitlement for trustees and committee members.

The members of the Board shall hold office for a period of three years

The Board regulates the President's Award-Kenya and its relations with the International Award.

The Board has the power to control, supervise and administer the Board's assets in a manner that best promotes the Board's purpose.

The Board must appoint, by an open, transparent and competitive process, a suitably qualified person as Chief Executive Officer; the CEO is an ex‑officio Board member, serves a three‑year term and may be re‑appointed for a further three years subject to satisfactory performance; appointment requires the qualifications listed.

There shall be the President's Award-Kenya programme with Bronze, Silver and Gold levels and four sections: service, skills, physical recreation and adventurous journey.

A participant qualifies for an award only if they complete the four sections of the Award programme under section 17(3); a participant does not qualify for a gold award unless they undertake a residential project involving activities such as environmental conservation, civic responsibility, construction work and disaster management.

Bronze award must have a minimum duration of six months.

The International Award Foundation may recommend to the Board the modification of any requirements of the President's Award-Kenya.

Persons or institutions must not represent themselves as working with the Award programme unless they have authority and a licence from the Board.

Institutions intending to conduct the Award programme must submit an application for accreditation and licensing to the Board in the prescribed form.

Institutions that were accredited and licensed as participating institutions immediately before this Act and intend to continue must apply for re-accreditation in the prescribed manner.

If the Board is satisfied an applicant meets accreditation requirements, it must accredit and licence the institution and issue a certificate to the institution.

The Board may prescribe rules for licensing participating institutions, including forms, supporting documents, criteria for accreditation and licensing, licence terms and other matters.

An aggrieved person may appeal the Board's decision to the Cabinet Secretary within thirty days of notification; the appeal must be in the prescribed Form.

Monies may accrue to or vest in the Board in the course of exercising its functions under this Act.

The Board's financial year is the twelve-month period ending on 30 June each year.

The Board must prepare annual revenue and expenditure estimates at least three months before each financial year, must approve them before the year starts, and must forward the approved sums to the Cabinet Secretary for approval.

The Board must keep proper accounting records and must submit annual accounts and a statement of income and expenditure to the Auditor-General or an auditor within three months after the end of the financial year.

The Board may invest any of the Board's funds in manners the Board approves from time to time.

The Cabinet Secretary responsible for finance may exempt the Board from taxes, duties, fees, cess or other charges, subject to other laws and by notice in the Gazette.

The Board must prepare and submit an annual report on its operations within three months after the end of each financial year; the Cabinet Secretary must lay the report before the National Assembly within thirty days of receipt.

The Board must submit an annual report to the President three months after the end of the year to which it relates.

No person may form, organize, or work with any body that, without due authority and license under this Act, claims to be or to be connected with the President's Award-Kenya.

Participating institutions must make periodic reports to the Board in the manner and form that may be prescribed.

The Board may make regulations to carry out the provisions of the Act and may prescribe matters including registration requirements, permitted participant activities, minimum entry ages, assessment criteria, implementation mechanisms and evaluator qualifications, licensing rules and procedure, rules for participants and institutions, prescribed forms, fees payable, and any other matters requiring prescription.

Section 38 is spent.