Kenya Act or statute

Parliament of Kenya

National Youth Service Act

This Act may be cited as the National Youth Service Act. Defines chattels or goods belonging to the Service which have been issued to members of the Service. The object of this Act is to establish…

Jurisdiction: Kenya
Structure: 67 provisions
Citation: Cap. 208
Dates: As at 3 Sept 2024

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Dates: As at 3 Sept 2024

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the National Youth Service Act.”

This Act may be cited as the National Youth Service Act. Defines chattels or goods belonging to the Service which have been issued to members of the Service. The object of this Act is to establish the National Youth Service. Strive for the highest standards of professionalism and discipline. A member of the Council’s office becomes vacant when the member dies.

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PRELIMINARY - 1. Short title

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

Section 1

ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 23. Enlistment to the Service

A person who is a youth as defined under this Act is eligible to be enlisted as a member of the Service.

Section 23

DISCIPLINE - 34. Penalties for disciplinary offences

Section 34 lists available disciplinary punishments (from reprimand up to dismissal), allows a member to be accompanied during proceedings, restricts accompanying officers from being superior in rank, and requires the Director-General to confirm demotion or…

Section 34

LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 51. Limitation of the right to labour relations

A member of the Service is prohibited from forming, joining, agitating for or participating in a trade union or going on strike.

Section 51

REPEAL, SAVINGS AND TRANSITION PROVISIONS - 67. Transition

Deeming and transition rules: members and staff of the former Service are treated as members and staff of the Service under this Act; staff may elect to serve or be redeployed within one year; the Council must set transition criteria and guidelines;…

Section 67

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Showing 67 of 67 provisions

Provision 46Offence 16Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the National Youth Service Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines chattels or goods belonging to the Service which have been issued to members of the Service.

Section 2. Interpretation Section any chattels or goods of any description belonging to the Service which have been issued to members of the Service for the purposes of the Service or are held in store for the purpose of being so issued to members of the Service; or

Section 2Verify source

§ 3PRELIMINARY - 3. Object of the ActProvision

The object of this Act is to establish the National Youth Service.

Section 3. Object of the Act Section The object of this Act is to establish the National Youth Service.

Section 3Verify source

§ 4PRELIMINARY - 4. Guiding principlesProvision

Strive for the highest standards of professionalism and discipline.

Section 4. Guiding principles Section strive for the highest standards of professionalism and discipline;

Section 4Verify source

Part II

ESTABLISHMENT AND FUNCTIONS OF THE SERVICE

§ 10ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 10. Vacancy of member of the CouncilProvision

A member of the Council’s office becomes vacant when the member dies.

Section 10. Vacancy of member of the Council Section dies;

Section 10Verify source

§ 11ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 11. Committees of the CouncilProvision

The Council may establish committees, co‑opt people into committee membership for necessary skills, and delegate powers or duties to committees or personnel by resolution.

Section 11. Committees of the Council Section 11(1) The Council may from time to time establish committees for the better carrying out of its functions. Section 11(2) The Council may co-opt into the membership of committees established under subsection (1) a person whose knowledge and skills are necessary for the functions of the Council. Section 11(3) The Council may by resolution either generally or in any particular case delegate to any Committee of the Council or to any member, officer, employee or agent of the Council the exercise of any of the powers, functions or duties of the Council.

Section 11Verify source

§ 12ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 12. Functions of the CouncilOffence

The Council has a set of specified functions for governing the Service (formulating policy; oversight; receiving reports; monitoring implementation; directing deployment; reviewing disciplinary penalties on application; considering budgets; recruiting and promoting staff; developing appointment criteria; commissioning research; advising the President and Cabinet Secretary; developing absorption criteria in consultation; and other functions). The Council may delegate, in writing, to the Director-General the power to promote, transfer or retire subordinate officers, subject to conditions and possible withdrawal.

Section 12. Functions of the Council Section 12(1)(a) be responsible for the formulation of policy, control, oversight and supervision of the Service; Section 12(1)(b) receive and act on reports submitted to the Council by the Cabinet Secretary and the Director-General; Section 12(1)(c) monitor implementation of the policies of the Service; Section 12(1)(d) direct and oversee the deployment of the members of the Service as authorised under this Act; Section 12(1)(e) upon application, review penalties imposed on members of the Service after undergoing disciplinary proceedings in accordance with this Act; Section 12(1)(f) receive and consider the budget estimates of the Service; Section 12(1)(g) recruit members of the Service; Section 12(1)(h) promote members of the Service and staff upon recommendation of the Director-General; Section 12(1)(i) develop the criteria for appointments, posting or promotions of senior officers of the Service; Section 12(1)(j) commission research related to the functions of the Service; Section 12(1)(k) advise the President and the Cabinet Secretary on any matter relating to and affecting the Service; Section 12(1)(l) in consultation with the disciplined services, develop a criteria for the absorption of the trained members of the Service in the disciplined services and in other government institutions; and Section 12(1)(m) perform any other functions conferred by this Act or any other written law. Section 12(2) The Council may, in writing, delegate to the Director-General the power to promote, transfer or retire subordinate officers. Section 12(3)(a) shall be subject to any conditions the Council may impose; Section 12(3)(b) shall not divest the Council of its responsibility concerning the exercise of the delegated power; and Section 12(3)(c) may be withdrawn at any time and, if a delegated power is withdrawn, any decision made by the Director-General in relation to the delegated power may be withdrawn or varied by the Council. Section 12(4) The Council shall be responsible to the Cabinet Secretary in the performance of its functions under this Act.

Section 12Verify source

§ 13ProvisionProvision

The Council must determine members' salaries on the advice of the Salaries and Remuneration Commission, and must determine other terms and conditions of service in consultation with the Public Service Commission.

Section 13. Terms and conditions of members of the Service Section 13(1) The Council shall, on the advice of the Salaries and Remuneration Commission, determine the salaries of the members of the Service. Section 13(2) The Council shall, in consultation with the Public Service Commission, determine other terms and conditions of service of members of the Service.

Section 13Verify source

§ 14ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 14. Conduct of the business and affairs of the CouncilProvision

Section 14 requires that the Council regulate its own procedure (except as provided in the Act), allows the Council to permit others to attend meetings (without allowing them to take part in decisions), and states the Council's business shall be conducted in accordance with the Second Schedule.

Section 14. Conduct of the business and affairs of the Council Section 14(1) The business and affairs of the Council shall be conducted in accordance with the Second Schedule. Section 14(2) Except as provided for in this Act, the Council shall regulate its own procedure. Section 14(3) The Council may permit any other person to attend its meetings and participate in its deliberations but that person shall not participate in the making of any of its decisions.

Section 14Verify source

§ 15ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 15. Protection from liabilityProvision

Members of the Council, members of the Service, staff, agents or persons acting on their directions who act bona fide in executing the Council's functions, powers or duties are not personally liable to any actions, claims or demands; however, the Council remains liable to pay compensation for injuries or damage caused by exercise of powers or failure of works.

Section 15. Protection from liability Section 15(1) No matter or thing done by a member of the Council or by any member of the Service, or staff or agent of the Council, shall, if the matter or thing is done bonafides for executing the functions, powers or duties of the Council under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any actions, claim or demand whatsoever. Section 15(2) The provisions of subsection (1) shall not relieve the Council of the liability to pay compensation to any persons for any injury to him, his property or to any of its interest caused by the exercise of any power conferred by this Act, or by the failure, whether wholly or partially, of any works.

Section 15Verify source

§ 16ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 16. Appointment of Director-GeneralOffence

The President appoints the Director-General of the Service on the Council's recommendation; eligibility criteria for the office are listed.

Section 16. Appointment of Director-General Section 16(1) There shall be a Director-General of the Service who shall be appointed by the President on recommendation of the Council. Section 16(2)(a) is a Kenyan citizen by birth; Section 16(2)(b) has served at a senior rank in the Service or in any other disciplined service and has not attained retirement age; Section 16(2)(c) has at least ten years post qualification experience, five of which have been at senior management level; Section 16(2)(d) has not been convicted of any criminal offence; Section 16(2)(e) has not been dishonourably discharged from a national security organ; Section 16(2)(f) has not been otherwise dismissed from an office in the public service; and Section 16(2)(g) is not an undischarged bankrupt. Section 16(3) For purposes of this section disciplined service means the Kenya Defence Forces, the National Police Service, the National Intelligence Service, the Kenya Forest Service, the Kenya Prisons Service, the Kenya Wildlife Service, the Kenya Coast Guard Service and the National Government Administration.

Section 16Verify source

§ 17ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 17. Functions of the Director-GeneralProvision

The Director-General is the Chief Executive and accounting officer of the Service and must ensure the Service's resources are used lawfully, authorized, effective, efficient, economical and transparent.

Section 17. Functions of the Director-General Section 17(1) The Director-General shall be the Chief Executive and accounting officer of the Service and shall ensure that the resources of the Service are used in a way that is lawful, authorized, effective, efficient, economical and transparent. Section 17(2)(a) subject to the general directions of the Council, be responsible for the day to day administration, control and management of the Service; Section 17(2)(b) advise the Council and the Cabinet Secretary on any military, operational and administrative matters within the competence of the Director-General; Section 17(2)(c) lawfully administer, control and manage the Service as a paramilitary force; Section 17(2)(d) comply with any lawful direction issued by the Council; Section 17(2)(e) implement the Service policy and strategy; Section 17(2)(f) execute commands by issuing lawful orders, directives or instructions to members of the Service; Section 17(2)(g) be responsible for the training, education and deployment of the members of the Service; Section 17(2)(h) prepare and submit to the Council an annual report on the activities undertaken by the Service; Section 17(2)(i) ensure that the Service keeps financial and accounting records that comply with the Public Finance Management Act ( Cap. 412A ); Section 17(2)(j) ensure that all financial and accounting records of the Service are kept in any form, including in electronic form are adequately protected and backed up; Section 17(2)(k) ensure that all contracts entered into by the Service are lawful and are complied with; Section 17(2)(l) ensure that all applicable accounting and financial controls, systems, standards, laws and procedures are followed when procuring or disposing of goods and services and that, in the case of goods, adequate arrangements are made for their custody, safeguarding and maintenance; Section 17(2)(m) bring any matter to the attention of the Cabinet Secretary responsible for the Service, through the Council, if, in their opinion, a decision or policy or proposed decision or policy of the Service may result in resources being used in a way that is contrary to subsection (1); Section 17(2)(n) prepare a strategic plan for the Service in conformity with the medium term fiscal framework and fiscal policy objectives of the national government; Section 17(2)(o) prepare estimates of expenditure and revenues of the Service in conformity with the strategic plan referred to in paragraph (n); Section 17(2)(p) submit the estimates of the Service to the Council who, after approving it, shall forward it to the Cabinet Secretary; Section 17(2)(q) prepare annual financial statements for each financial year within three months after the end of the financial year, and submit them to the Controller of Budget and the Auditor-General for audit, and forward a copy to the National Treasury; Section 17(2)(r) take appropriate measures to resolve any issues arising from audit which may remain outstanding; Section 17(2)(s) provide the National Treasury and any other office, where relevant, with any information it may require to fulfil its functions under the Public Finance Management Act ( Cap. 412A ); Section 17(2)(t) be the custodian of all the assets of the Service; and Section 17(2)(u) perform any other functions conferred by this Act or any other written law.

Section 17Verify source

§ 18ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 18. Director-General may delegate powers or functionsProvision

The Director-General may, in writing, delegate functions or powers to a member of the Service; must remain responsible for delegated functions; must not assign functions reserved for officers of a particular rank to officers lacking that rank.

Section 18. Director-General may delegate powers or functions Section 18(1) The Director-General may, in writing, delegate the performance of any function or exercise of a power conferred on him or her by this Act or any other written law to a member of the Service. Section 18(2)(a) shall be subject to any conditions the Director-General may impose; Section 18(2)(b) shall not relieve the Director-General of responsibility concerning the exercise of the delegated function or performance of the delegated power; and Section 18(2)(c) may be withdrawn or varied by the Director-General at any time. Section 18(3) The Director-General shall not assign the performance of a function or exercise of a power that is exercisable by an officer of a specific rank, seniority or qualification to an officer who does not hold a rank, seniority or qualification that is not contemplated by this Act or any other written law.

Section 18Verify source

§ 19ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 19. Term of office of Director-GeneralProvision

A person appointed as the Director-General must serve a single, non-renewable term of six years.

Section 19. Term of office of Director-General Section A person appointed as the Director-General shall serve for a single and non-renewable term of six years.

Section 19Verify source

§ 20ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 20. Vacancy in the office of Director-GeneralOffence

If there is a vacancy in the office of Director-General (for reasons listed in subsection (1)), the President must fill the vacancy in accordance with section 16.

Section 20. Vacancy in the office of Director-General Section 20(1)(a) dies; Section 20(1)(b) resigns from office in writing to the President; Section 20(1)(c) is convicted of a criminal offence and sentenced to a term of imprisonment; or Section 20(1)(d) violation of the Constitution or any other written law including a contravention of Chapter Six; Section 20(1)(d)(i) violation of the Constitution or any other written law including a contravention of Chapter Six; Section 20(1)(d)(ii) gross misconduct in the performance of the functions of the office of the Director-General; Section 20(1)(d)(iii) physical or mental incapacity to perform the functions of the office of the Director-General; Section 20(1)(d)(iv) incompetence; or Section 20(1)(d)(v) bankruptcy. Section 20(2) Where a vacancy occurs in the office of Director-General, the President shall fill the vacancy in accordance with the provisions of section 16 .

Section 20Verify source

§ 21ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 21. Retirement or redeployment of Director-GeneralProvision

The President may, after consulting the Council, remove, retire or redeploy the Director-General at any time before the expiry of the Director-General's term of office, notwithstanding section 20.

Section 21. Retirement or redeployment of Director-General Section Despite the provisions of section 20 , the President may in consultation with the Council remove, retire or redeploy the Director-General at any time before the expiry of his or her term of office.

Section 21Verify source

§ 22ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 22. Oath of office by Director-GeneralProvision

A person appointed as Director-General must, on appointment, take and subscribe to the oath of office set out in the Third Schedule.

Section 22. Oath of office by Director-General Section A person appointed as Director-General shall, on his or her appointment, take and subscribe to the oath of office set out in the Third Schedule.

Section 22Verify source

§ 23ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 23. Enlistment to the ServiceProvision

A person who is a youth as defined under this Act is eligible to be enlisted as a member of the Service.

Section 23. Enlistment to the Service Section A person is eligible to be enlisted as a member of the Service if he or she is a youth as defined under this Act.

Section 23Verify source

§ 24ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 24. Termination of serviceProvision

The Council may terminate a member's secondment when their services are no longer required; the Director-General may terminate enlistment or re-enlistment when a member's services are no longer required.

Section 24. Termination of service Section 24(1) The Council may at any time during the period of secondment of a member of the Service terminate such secondment if, for any reason, the services of such member are no longer required. Section 24(2) The appointment of a member of the Service may be terminated if his or her services are no longer, required in the manner prescribed. Section 24(3) The Director-General may, at any time during the period of enlistment or re-enlistment of a member of the Service, terminate such enlistment or re-enlistment if for any reason the services of the member are no longer required.

Section 24Verify source

§ 25ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 25. Resignation from the ServiceProvision

Members of the Service may be permitted to resign before their enlistment ends for personal or compassionate reasons and may resign in the manner prescribed.

Section 25. Resignation from the Service Section 25(1) A member of the Service may be permitted to resign from the Service before the expiration of his or her period of enlistment or re-enlistment on personal or compassionate grounds. Section 25(2) A member of the Service may be permitted to resign from the Service in the manner prescribed.

Section 25Verify source

§ 26ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 26. Extension of Service during times of emergencyProvision

If a member of the Service's engagement or secondment ends, or they wish to resign, during war, insurrection, hostilities, disasters or emergency, they may be kept in the Service and their engagement or secondment period may be extended; the extension cannot be more than six months after the end and is as the Council may direct.

Section 26. Extension of Service during times of emergency Section Notwithstanding the provisions of this Act, any member of the Service whose engagement or secondment expires, or who wishes to resign, during a state of war, insurrection, hostilities, disasters or emergency may be retained in the Service and his or her period of engagement or secondment extended for such further period, not being more than six months after the end of the engagement, secondment or resignation, as the Council may direct.

Section 26Verify source

§ 27ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 27. Return of Service propertyProvision

Members leaving the Service must return uniforms, clothing, equipment or accoutrements supplied by the Service; the Director-General may allow a member to retain clothing; failure to return items or returning damaged items (unless damage occurred in proper duty) makes the person liable for replacement or repair costs which may be recovered by the Service.

Section 27. Return of Service property Section 27(1) Every member on leaving the Service shall forthwith deliver up to such person as may be authorized in that behalf, any uniform, clothing, equipment or accoutrements supplied to him or her by or on behalf of the Service. Section 27(2) Despite subsection (1) the Director-General, at his or her discretion, may authorize a member of the Service to retain items of clothing on leaving the Service. Section 27(3) Any person who fails to comply with subsection (1) or who returns such property in a damaged condition, the damage not being attributable to the proper discharge of his or her duties whilst a member of the Service, shall be liable for the cost of replacing or repairing such property and such cost shall be a debt due from such person to the Service and maybe recoverable by deduction from any moneys due from the Service to such person or by civil suit for the whole amount or for any balance due after such deduction as aforesaid.

Section 27Verify source

§ 28ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 28. Members not to engage in any other gainful employmentProvision

Members must not do any other paid work during service except if approved by the Council (for uniformed and disciplined members) or by the Director-General (for other members).

Section 28. Members not to engage in any other gainful employment Section During the period of service with the Service no member shall engage in any other gainful employment, outside the scope of his or her duties in the Service, except with the approval of the Council in the case of a uniformed and disciplined member, or the Director-General in the case of any other member.

Section 28Verify source

§ 29ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 29. Pension Scheme and other schemesProvision

The Council shall establish a pension scheme for members of the Service; the Director-General may, with the approval of the Council, establish other necessary schemes.

Section 29. Pension Scheme and other schemes Section 29(1) The Council, in consultation with the National Treasury, shall establish a pension scheme for the members of the Service. Section 29(2) Notwithstanding the provisions of subsection (1), the Director-General, may with the approval of the Council, establish such other schemes as may be considered to be necessary.

Section 29Verify source

§ 30ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 30. Oath of Office by members of ServiceProvision

Members of the Service must, on appointment, make and subscribe to the oath of office in the Third Schedule; the oath must be taken before an officer of rank not lower than a Senior Superintendent.

Section 30. Oath of Office by members of Service Section 30(1) Every person recruited to and appointed as a member of the Service shall, on his or her appointment, make and subscribe to the oath of office set out in the Third Schedule. Section 30(2) The oath of office taken or subscribed to by a member of the Service shall be taken and subscribed to before an officer of a rank not lower than that of a Senior Superintendent.

Section 30Verify source

§ 31ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 31. Staff of the ServiceProvision

The Council must employ the staff necessary for the Service; the Director-General may request public officers be seconded or attached from either level of government; such seconded officers are regarded as Service members and are subject only to the Director-General's operational control; the Council must establish, with the Cabinet Secretary, a disciplinary mechanism for Service staff.

Section 31. Staff of the Service Section 31(1) The Council shall employ such number of staff of the Service as may be necessary for the proper and efficient discharge of the functions of the Service. Section 31(2) The Director-General may, in consultation with the Council, request for a public officer to be seconded, deployed or temporarily attached to the Service from either level of government for a specific period of time. Section 31(3) For the purposes of this Act, a public officer who is seconded, deployed or temporarily attached to the Service under subsection (2), shall be regarded as a member of the Service and be subject only to the operational control and direction of the Director-General. Section 31(4) The Council shall, in consultation with the Cabinet Secretary, establish a disciplinary mechanism for the staff of the Service who are either employed, seconded or deployed to the Service.

Section 31Verify source

§ 32ProvisionProvision

The Council must determine the salaries and other terms and conditions of service for staff of the Service, with salaries determined on the advice of the Salaries and Remuneration Commission and other terms determined in consultation with the Public Service Commission.

Section 32. Terms and conditions of service for staff of the Service Section 32(1) The Council shall, on the advice of the Salaries and Remuneration Commission, determine the salaries of the staff of the Service who are employed, seconded or deployed to the Service. Section 32(2) The Council shall, in consultation with the Public Service Commission, determine other terms and conditions of service of the staff of the Service who are either employed, seconded or deployed to the Service.

Section 32Verify source

§ 5ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 5. Establishment of the National Youth ServiceProvision

Establishes the National Youth Service and grants it powers including to sue and be sued, to hold and dispose of property for the Act's purposes, and to perform other acts necessary to discharge its functions.

Section 5. Establishment of the National Youth Service Section 5(1) There is established a uniformed and disciplined service to be known as the National Youth Service. Section 5(2)(a) have the power to sue and be sued; Section 5(2)(b) acquire, hold and dispose of movable and immovable properties for the purposes of this Act; and Section 5(2)(c) do or perform all such other things or acts for the proper discharge of its functions under the Constitution, this Act or any written law, as may be lawfully done or performed by a body corporate.

Section 5Verify source

§ 6ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 6. Determination of the numbers of the Members of the ServiceAmendment

Specifies how the number and ranks of members of the Service are set and allows the Council to amend ranks; the Service must establish organisational units as the Council determines.

Section 6. Determination of the numbers of the Members of the Service Section 6(1) The Service shall consist of such number of officers as shall be determined from time to time by the Council with the approval of the Cabinet Secretary. Section 6(2) The members of the Service shall consist of officers of the ranks specified in the First Schedule. Section 6(3) The Council may from time to time amend the ranks specified in the First Schedule by a notice in the Gazette . Section 6(4) The Service shall establish such branches, operational units, support units and formations as the Council may from time to time, determine.

Section 6Verify source

§ 7ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 7. Functions of the ServiceProvision

Section 7 sets out functions and powers of the Service, obligations to assist other authorities in emergencies, rules on deployment with the Kenya Defence Forces, and authority for the Inspector‑General to request appointment of special police officers.

Section 7. Functions of the Service Section 7(1)(a) undertake paramilitary training of members of the Service; Section 7(1)(b) instill in members of the Service, a tradition of patriotism, loyalty, integrity, duty and service to the nation; Section 7(1)(c) provide vocational training, professional and personal development programmes and activities for members of the Service; Section 7(1)(d) undertake such enterprises and commercial activities pursuant to the provisions of the Fourth Schedule of the Constitution as the Council may from time to time, determine; Section 7(1)(e) collaborate with stakeholders for the furtherance of its functions; Section 7(1)(f) initiate, plan, organize, fund, manage and administer programmes and activities for the development of members of the Service; Section 7(1)(g) develop leadership skills in members of the Service; Section 7(1)(h) develop cross cultural integration among members of the Service; and Section 7(1)(i) perform any other function that may be conferred by this Act or any other written law. Section 7(2) The Service shall co-operate with and assist the Kenya Defence Forces, the National Police Service Commission and other public authorities during emergencies, disasters, war or insurrection or in the execution of the mandates of the public authorities as the Council may determine. Section 7(3) The Council may in consultation with the National Security Council, deploy the members of the Service to support the Kenya Defence Forces in times of war, insurrection, hostilities or public emergency in accordance with the Kenya Defence Forces Act ( Cap. 199 ). Section 7(4) Where any part of the Service is, in pursuance of an order made under subsection (3), serving with the Kenya Defence Forces, or otherwise in the defence of the nation whether within or without Kenya, such part of the Service shall for all purposes be deemed to be part of the Kenya Defence Forces, and it shall be governed by and subject to all the laws relating to and governing the Kenya Defence Forces. Section 7(5) Where any part of the Service is, in pursuance of an order made under subsection (3), serving with and as part of the Kenya Defence Forces, the National Security Council shall make rules declaring which ranks of the Service shall correspond to which ranks of the defence forces, and shall make rules relating to the command of such part of the Service by members of the Kenya Defence Forces. Section 7(6) If it appears expedient in the interests of public order and safety, the Inspector-General may with the approval of the National Security Council, request the National Police Service Commission to appoint members of the Service to be special police officers for such period and within such area as may be considered necessary in accordance with the National Police Service Act (Cap. 84). Section 7(7) An officer appointed under sub section (6) shall, during the period of service as a special police officer, be deemed to be a police officer for the purposes of the National Police Service Act (Cap. 84).

Section 7Verify source

§ 8ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 8. Powers of the ServiceProvision

Section 8 grants the Service broad powers to perform its functions, including partnering with public/private sectors (including under the Public Private Partnership Act), entering partnerships for training or employment, receiving and administering funds, investing surplus, and undertaking tasks or transactions the Council considers necessary.

Section 8. Powers of the Service Section 8(1) The Service shall have the power to do all the things necessary for the performance of its functions under this Act or any other written law. Section 8(2)(a) partner with the public and private sector in the financing, construction, development, operation, or maintenance of infrastructure or development projects of the Service through concession or other contractual arrangements pursuant to the provisions of the Public Private Partnership Act ( Cap. 430 ); Section 8(2)(b) enter into partnership arrangements with public and private bodies as it deems fit with regard to the establishment, implementation, monitoring and financing of training or employment programmes; Section 8(2)(c) receive or administer funds donated or entrusted to the Council by any agency or organization for any purpose relating to the training or employment of persons; Section 8(2)(d) invest any surplus or profit for the performance of its functions; and Section 8(2)(e) undertake any task or enter into any transaction which, in the opinion of the Council, is necessary to ensure the proper performance of its functions.

Section 8Verify source

§ 9ESTABLISHMENT AND FUNCTIONS OF THE SERVICE - 9. Establishment of the Council of the National Youth ServiceProvision

Establishes the Council of the National Youth Service, sets appointment sources for members (President, Cabinet Secretary, Principal Secretaries, Attorney-General, Chief of the Kenya Defence Forces, Director-General ex‑officio), gender and youth representation requirements, membership terms, qualification requirements (including years of experience and Chapter Six compliance), prohibition on trading with the Service, and that allowances are determined by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

Section 9. Establishment of the Council of the National Youth Service Section 9(1) There is established the Council of the National Youth Service. Section 9(2)(a) a non-executive Chairperson who shall be appointed by the President; Section 9(2)(b) the Principal Secretary responsible for matters relating to the youth or a representative nominated in writing; Section 9(2)(c) the Principal Secretary responsible for matters relating to finance or a representative nominated in writing; Section 9(2)(d) the Principal Secretary responsible for matters relating to internal security or a representative nominated in writing; Section 9(2)(e) the Attorney-General or a representative nominated in writing; Section 9(2)(f) the Chief of the Kenya Defence Forces or a representative nominated in writing; Section 9(2)(g) five other members to be appointed by the Cabinet Secretary two of whom shall be youth, one of either gender; and Section 9(2)(h) the Director-General who shall be an ex-officio member and Secretary to the Council. Section 9(3)(a) ensure that not more than two-thirds of the members are of the same gender; Section 9(3)(b) observe the principle of regional and ethnic balance; and Section 9(3)(c) have due regard to the principle of fair representation for persons with disabilities. Section 9(4) A member of the Council shall be paid such allowances as the Cabinet Secretary may in consultation with the Salaries and Remuneration Commission determine. Section 9(5) A member of the Council shall serve on a part-time basis. Section 9(6) A member of the Council appointed under subsection (2) (a) and (g) shall serve for a term of three years, renewable once and upon satisfactory performance of his or her duties. Section 9(7) A member of the Council, member of the Service or staff shall not trade directly or indirectly with the Service. Section 9(8)(a) has knowledge and experience of not less than ten years in any relevant field; Section 9(8)(b) has had a distinguished career in his or her respective field; and Section 9(8)(c) meets the requirements of Chapter Six of the Constitution. Section 9(9) Despite the requirement under subsection (8)(a), a representative of the youth shall have at least five years' experience in his or her respective field.

Section 9Verify source

Part III

DISCIPLINE

§ 33DISCIPLINE - 33. Disciplinary offencesOffence

Members of the Service are subject to this Part; committing acts in the Fourth Schedule is a disciplinary offence; the Director-General or an authorised officer may, for cause, take disciplinary action despite subsection (3).

Section 33. Disciplinary offences Section 33(1) Every member of the Service shall be subject to the provisions of this Part. Section 33(2) A member of the Service who commits any of the acts set out in the Fourth Schedule commits an offence against discipline. Section 33(3) A member of the Service who commits an offence under any other written law shall be liable to proceedings in a court of law in accordance with the provisions of the law under which the offence was committed. Section 33(4) Despite the provisions of subsection (3), the Director-General or an officer authorised in writing by the Director-General may, for cause, take such disciplinary action as may be appropriate in the circumstances against a member of the Service who commits an offence under this Act or any other written law. Section 33(5) The Council shall in consultation with the Cabinet Secretary, make rules of procedure for purposes of this section.

Section 33Verify source

§ 34DISCIPLINE - 34. Penalties for disciplinary offencesOffence

Section 34. Penalties for disciplinary offences Section 34(1)(a) a reprimand; Section 34(1)(b) an order of restitution; Section 34(1)(c) stoppage of salary increments for a specified period of time, but not exceeding one year; Section 34(1)(d) demotion in rank; Section 34(1)(e) dismissal from the Service; Section 34(1)(f) confinement to base for a period not exceeding fourteen days; Section 34(1)(g) reduction of salary by not more than one third of the basic salary for a period not exceeding three months; Section 34(1)(h) extra drills or parades or fatigues; and Section 34(1)(i) any combination of the punishments provided under this section. Section 34(2) The Director-General shall confirm the penalty of demotion in rank or dismissal from service if the penalty was imposed by an officer authorised by the Director-General in accordance with this Act. Section 34(3)(a) the name, rank and number of the member of the Service against whom the penalty has been imposed; Section 34(3)(b) the nature of the offence; Section 34(3)(c) the date or dates, if known, when the offence was committed; Section 34(3)(d) the penalty imposed; and Section 34(3)(e) the date the penalty was imposed. Section 34(4) A member of the Service who commits an offence against discipline may, during disciplinary proceedings, be accompanied by an officer of the member's choice for assistance and support. Section 34(5) An officer who accompanies a member under subsection (4), shall not be of a rank superior to the officer in charge of the disciplinary proceedings. Section 34(6)(a) to the Council if the penalty was imposed by the Director-General; or Section 34(6)(b) to the Director-General if the penalty was imposed by an officer authorised by the Director-General.

Section 34Verify source

§ 35DISCIPLINE - 35. Power to summon witnessesProvision

Members of the Service who are summoned as witnesses or required to produce documents must not answer questions or produce documents that may incriminate themselves.

Section 35. Power to summon witnesses Section 35(1)(a) summon and examine any member of the Service on oath or affirmation; or Section 35(1)(b) require the production of relevant documents by any member of the Service. Section 35(2)(a) he or she fails or refuses to attend at the time and place specified in the summons or, having attended, refuses to answer any questions that are lawfully put to him or her; or Section 35(2)(b) he or she fails without reasonable cause to produce any relevant document. Section 35(3) A member of the Service who has been summoned as a witness or is required to produce any relevant document under subsection (1) shall not answer questions or produce documents that may incriminate him or her.

Section 35Verify source

§ 36DISCIPLINE - 36. Loss or damage to property to be made good by recovery from salaryOffence

Members of the Service must not pawn, sell, lose through negligence, make away with, or wilfully or negligently damage firearms, ammunition, accoutrements or uniform; doing so is an offence and on conviction attracts penalties under section 34(1).

Section 36. Loss or damage to property to be made good by recovery from salary Section 36(1)(a) entrusted to him or her; Section 36(1)(b) in the lawful custody of the Service and supplied to him or her; or Section 36(1)(c) seized or taken charge of by him or her; Section 36(2) Despite the provisions of subsection (1), any member of the Service who pawns, sells, loses by negligence, makes away with, or wilfully or negligently damages any firearm, ammunition, accoutrement or uniform commits an offence against discipline and shall on conviction be liable to a penalty or combination of penalties set out in section 34 (1).

Section 36Verify source

§ 37DISCIPLINE - 37. Desertion or absence without leave by members of the ServiceProvision

Police officers may arrest a service member on reasonable suspicion of desertion or absence without leave and bring them before a magistrate; the magistrate must deliver admitted deserters/absentees to the Service for disciplinary action, must consider evidence and statements when satisfaction is lacking, may order release, and must not discharge an accused who is in custody for other lawful reasons.

Section 37. Desertion or absence without leave by members of the Service Section 37(1) A police officer may, on a reasonable suspicion that a member of the Service has deserted the Service or is absent without leave from the Service, arrest that person and present him or her before a magistrate having jurisdiction in the area in which the person was arrested. Section 37(2) Where a person arrested under subsection (1) admits to having deserted the Service or is absent without leave from the Service and the magistrate is satisfied that he or she has deserted or is absent without leave, the magistrate shall cause the person to be delivered to the Service for disciplinary action. Section 37(3) Where a person arrested under subsection (1) refuses to admit to having deserted the Service or to being absent without leave from the Service or if the magistrate is not satisfied that the person has deserted the Service, the magistrate shall consider any evidence and any statement of the accused and may order the release of the accused person. Section 37(4) A magistrate shall not discharge the accused if the accused is in custody for any other lawful reason.

Section 37Verify source

§ 38DISCIPLINE - 38. Prohibition against torture or other cruel, inhuman or degrading treatmentOffence

Members of the Service must not subject any person to torture or to cruel, inhuman or degrading treatment.

Section 38. Prohibition against torture or other cruel, inhuman or degrading treatment Section 38(1) A member of the Service shall not subject any person to torture or any cruel, inhuman or degrading treatment. Section 38(2) A member of the Service who subjects a person to torture commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding twenty-five years. Section 38(3) A member of the Service who subjects another person to cruel, inhuman or degrading treatment commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding fifteen years or to a fine not exceeding one million shillings, or to both such fine and imprisonment.

Section 38Verify source

Part IV

OTHER OFFENCES CONCERNING THE SERVICE

§ 39OTHER OFFENCES CONCERNING THE SERVICE - 39. Application of this PartOffence

This Part applies to any person who is not a member of the Service; 'staff of the Service' are not members; persons accused under this Part are to be tried by a subordinate court established under Article 169 of the Constitution.

Section 39. Application of this Part Section 39(1) This Part shall apply to any person who is not a member of the Service. Section 39(2) For purposes of this Part, a staff of the Service is not a member of the Service. Section 39(3) A person accused of an offence under this Part shall be tried by a subordinate court established under Article 169 of the Constitution.

Section 39Verify source

§ 40OTHER OFFENCES CONCERNING THE SERVICE - 40. Obstructing an officerOffence

Makes it an offence to assault, resist or wilfully obstruct a member of the Service while they are performing their duties or any person acting in aid of that member.

Section 40. Obstructing an officer Section assaults, resists or wilfully obstructs a member of the Service in the performance of his or her duties or any person acting in aid of the member of the Service;

Section 40Verify source

§ 41OTHER OFFENCES CONCERNING THE SERVICE - 41. Procuring or assisting in the desertion of a member of the ServiceOffence

Creates an offence of procuring or persuading a member of the Service to desert or be absent without leave.

Section 41. Procuring or assisting in the desertion of a member of the Service Section procures or persuades a member of the Service to desert or be absent without leave from the Service;

Section 41Verify source

§ 42OTHER OFFENCES CONCERNING THE SERVICE - 42. Unlawful purchase of Service storeOffence

It is an offence for a person to acquire, solicit, procure or act in disposing of Service stores; on conviction the person may be imprisoned for a term not exceeding two years. A defence is available where the person proves the chattels were lawfully acquired after disposal by order or consent of the Service or an authorised person believed to have such authority.

Section 42. Unlawful purchase of Service store Section 42(1) A person who acquires any Service stores, solicits or procures any person to dispose of Service stores or acts for any person in the disposing of Service stores commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding two years. Section 42(2) A person shall not be liable under subsection (1), where a person proves that the chattels in his or her possession were acquired lawfully after they had been disposed of by the order or the consent of the Service or of some other authorised person or authority who had or he or she had reasonable cause to believe had authority to give such order or consent.

Section 42Verify source

§ 43OTHER OFFENCES CONCERNING THE SERVICE - 43. Unauthorised use of or dealing in uniform, decorations,etc., of the ServiceOffence

Persons must not without lawful authority use, wear, deceptively imitate, falsely claim entitlement to, or deal in Service uniforms, decorations, badges or insignia; wearing medals, brooches or ornaments representing Service badges is not prohibited.

Section 43. Unauthorised use of or dealing in uniform, decorations,etc., of the Service Section 43(1)(a) without lawful authority, uses or wears any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem supplied or authorised by the President or the Council; Section 43(1)(b) uses or wears a uniform, decoration, badge or insignia of rank, wound stripe or emblem so nearly resembling any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem as to be calculated to deceive; Section 43(1)(c) falsely presents himself or herself as a person who is or has been entitled to use or wear any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem; or Section 43(1)(d) purchases or takes in pawn, solicits or procures any person to sell or pledge or acts for any person in the selling or pledging of any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem awarded to a member of the Service, Section 43(2) Notwithstanding the provisions of subsection (1)(a), (b) or (c), a person shall not be prohibited from wearing medals, brooches or ornaments representing Service badges.

Section 43Verify source

§ 44OTHER OFFENCES CONCERNING THE SERVICE - 44. Interference with aids to navigation,etc.Offence

Prohibits interference with an aid to navigation that is established, managed or maintained by the Service.

Section 44. Interference with aids to navigation,etc. Section interferes with an aid to navigation established, managed or maintained by the Service; or

Section 44Verify source

Part V

LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS

§ 45LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 45. Application of this PartProvision

This Part applies to members of the Service who are in active service.

Section 45. Application of this Part Section 45(1) This Part shall apply to the members of the Service in active service. Section 45(2) For purposes of this Part, "in active service" means a member of the Service engaged in operations of the Service.

Section 45Verify source

§ 46LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 46. Conditions for the limitation of rights or fundamental freedomsProvision

Rights or fundamental freedoms may be limited only to protect national security, public safety, public order, public health or morals; to protect the rights and freedoms of others; when necessary to achieve the purposes and objects of the Service; when applied without discrimination; and without impairing the essence of the limited right or freedom.

Section 46. Conditions for the limitation of rights or fundamental freedoms Section 46(1)(a) ensure the protection of national security, public safety, public order, public health or morals; Section 46(1)(b) the protection of the rights and fundamental freedoms of others; Section 46(1)(c) be necessary to achieve the purposes and objects of the Service; Section 46(1)(d) be applied without discrimination; and Section 46(1)(e) not impair the essence of the right or fundamental freedom being limited. Section 46(2)(a) protection of classified information; Section 46(2)(b) maintenance and preservation of national security; Section 46(2)(c) maintenance of the security and safety of members of the Service; Section 46(2)(d) that the enjoyment of a right or a fundamental freedom by a member of the Service does not prejudice the enjoyment of a right or fundamental freedom by another member; Section 46(2)(e) good order and discipline in the Service; and Section 46(2)(f) public health and safety.

Section 46Verify source

§ 47LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 47. Limitation of right to privacyOffence

Members of the Service have a limited right to privacy: their homes or property in Service bases/establishments may be searched; their possessions may be seized; information about their family or private affairs may be required to be revealed; and their communications may be investigated or interfered with.

Section 47. Limitation of right to privacy Section 47(1)(a) the member's home or property within any Service base or Service establishment is to be searched; Section 47(1)(b) the member's possessions are to be seized; Section 47(1)(c) information relating to the member's family or private affairs is required to be revealed; or Section 47(1)(d) the member's communications are to be investigated or interfered with. Section 47(2) A limitation of a member of the Service's right to privacy under subsection (1)(c) shall be made where the member commits or is reasonably suspected of having committed an offence under this Act or any other written law.

Section 47Verify source

§ 48LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 48. Limitation of the right to access to informationProvision

The right of access to information may be limited for classified information or information in the custody of the Service.

Section 48. Limitation of the right to access to information Section 48(1) The right of access to information as provided for in Article 35(1) of the Constitution may be limited in respect of classified information or information in the custody of the Service. Section 48(2)(a) any demand to furnish an unauthorised person with classified information; Section 48(2)(b) any disclosure or publishing of information the disclosure or publishing of which would be prejudicial to national security; or Section 48(2)(c) any disclosure or publishing of information relating to the operational plans of the Service. Section 48(3) "Classified information" under this section shall include any information whose disclosure or publishing would prejudice national security and includes information on Service strategy, doctrine, capability, capacity or deployment. Section 48(4)(a) top secret information; Section 48(4)(b) secret information; Section 48(4)(c) confidential information; and Section 48(4)(d) restricted information.

Section 48Verify source

§ 49LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 49. Limitation of the freedom of associationProvision

Members of the Service must not join or participate in activities of associations unless regulations under this Act allow it.

Section 49. Limitation of the freedom of association Section 49(1) Despite the provisions of Article 36 of the Constitution in relation to the freedom of association, a member of the Service shall not join or participate in the activities of an association except as may be prescribed in a regulations made under this Act. Section 49(2) Subsection (1) shall not apply to the membership of a member of the Service in, or the participation of that member in the activities of professional associations.

Section 49Verify source

§ 50LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 50. Limitation of the right to assembly, demonstration, picketing and petitionProvision

A member of the service is prohibited from assembling, demonstrating, picketing or petitioning public authorities.

Section 50. Limitation of the right to assembly, demonstration, picketing and petition Section Despite the provisions of Article 37 of the Constitution a member of the service shall not assemble, demonstrate, picket or petition public authorities.

Section 50Verify source

§ 51LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 51. Limitation of the right to labour relationsProvision

A member of the Service is prohibited from forming, joining, agitating for or participating in a trade union or going on strike.

Section 51. Limitation of the right to labour relations Section Despite the provisions of Article 41 of the Constitution a member of the Service shall not form, join, agitate for or participate in the activities of a trade union or go on strike.

Section 51Verify source

§ 52LIMITATION OF RIGHTS OR FUNDAMENTAL FREEDOMS - 52. Limitation of economic and social rightsProvision

Economic and social rights in Article 43 may be limited, for a member of the Service, by regulation to the extent necessary for training of members or for the Service's operations.

Section 52. Limitation of economic and social rights Section The economic and social rights set out in Article 43 of the Constitution may, in respect of a member of the Service, be limited, as prescribed by a regulation made under this Act, to the extent necessary for the training of members of the Service or for the operations of the Service.

Section 52Verify source

Part VI

FINANCIAL PROVISIONS

§ 53FINANCIAL PROVISIONS - 53. Funds of the ServiceProvision

The Service may retain surplus and profit funds from its commercial activities, subject to the Public Finance Management Act; retained funds must be directed to further the Service's functions.

Section 53. Funds of the Service Section 53(1)(a) monies appropriated by the National Assembly for the purposes of the Service; Section 53(1)(b) monies or assets that may accrue to the Service in the performance of its functions or the exercise of its powers under this Act or any other written law; and Section 53(1)(c) monies lawfully provided or donated to the Service. Section 53(2) The Service may retain surplus and profit funds generated out of its enterprise and commercial activities subject to the Public Finance Management Act ( Cap. 412A ). Section 53(3) The surplus and profit funds retained under sub section (2) shall be directed to the furtherance of the functions of the Service.

Section 53Verify source

§ 54FINANCIAL PROVISIONS - 54. Accounts and auditProvision

The Service must keep and maintain its books and records of income, expenditure, assets and liabilities, and the Service's accounts must be audited and reported in accordance with the cited Acts and Constitution provisions.

Section 54. Accounts and audit Section 54(1) The books and records of accounts of the income, expenditure, assets and liabilities of the Service shall be kept and maintained in accordance with the Public Finance Management Act ( Cap. 412A ). Section 54(2) The accounts of the Service shall be audited and reported in accordance with the provisions of Articles 226 and 229 of the Constitution and the Public Audit Act ( Cap. 412B ).

Section 54Verify source

Part VII

MISCELLANEOUS PROVISIONS

§ 55MISCELLANEOUS PROVISIONS - 55. Uniforms of the ServiceProvision

The Council must, by notice in the Gazette, specify and designate uniforms for members of the Service.

Section 55. Uniforms of the Service Section The Council shall, by notice in the Gazette , specify and designate uniforms for the members of the Service.

Section 55Verify source

§ 56MISCELLANEOUS PROVISIONS - 56. Exemption from execution against public propertyProvision

A judgment, decree or order against a member of the Service cannot be enforced by levying execution on any property of the Service or property for which the Service is responsible that is in the possession of that member.

Section 56. Exemption from execution against public property Section A judgment, decree or order given or made against a member of the Service shall not be enforced by the levying of execution on any property of the Service or for which the Service is responsible in the possession of the member against whom the judgement, decree or order was made.

Section 56Verify source

§ 57MISCELLANEOUS PROVISIONS - 57. Next of kin of members of the ServiceProvision

Members must provide and keep updated the particulars of their ordinary residence and next of kin; the Service must record and update these particulars in a register.

Section 57. Next of kin of members of the Service Section 57(1) Every member of the Service shall, on being recruited and appointed, give the particulars of the place, county and sub-county in which the member ordinarily resides and the name and address of the member's next of kin and those particulars shall be recorded in a register kept and maintained by the Service for that purpose. Section 57(2) Where there is a change in the particulars recorded under subsection (1), the member shall notify the Service of the change and the Service shall make the necessary changes in the register.

Section 57Verify source

§ 58MISCELLANEOUS PROVISIONS - 58. Uniforms and decorations not part of estate of members of ServiceProvision

On a member's death, uniforms and decorations issued or authorised to the member do not form part of the member's estate and must be delivered to the Director-General to be disposed of under Regulations.

Section 58. Uniforms and decorations not part of estate of members of Service Section The uniforms and decorations issued or authorised to a member of the Service shall not, on the death of that member, form part of the estate of the member in relation to any claim by a creditor or for any of the purposes of the administration of the estate of the member and shall be delivered to the Director-General and thereafter disposed of in the manner prescribed by Regulations made under this Act.

Section 58Verify source

§ 59MISCELLANEOUS PROVISIONS - 59. Protection of members on dutyOffence

If a member is captured or goes missing while performing duties and the commanding officer is satisfied, the member is regarded as still serving until they report for duty, their death is confirmed, or a court presumes death.

Section 59. Protection of members on duty Section 59(1) For purposes of this section, member includes a staff of the Service. Section 59(2) Where a member of the Service has been captured or has gone missing in circumstances not constituting an offence under this Act, and the member's commanding officer is satisfied that the member's capture or absence arose from the performance of his or her duties while rendering services in terms of this Act, such member shall be regarded to be still serving in the Service for all purposes until the day on which he or she again reports for duty or on which his or her death is confirmed or on which a competent court issues an order whereby the death of such person is presumed. Section 59(3) The pay, salary and allowances accruing to a member during his or her captivity or other absence contemplated in subsection (2) shall be paid to a beneficiary designated by the member concerned. Section 59(4) The Director-General shall take the necessary steps to ensure that in respect of every member of the Service there is at all times a record of the particulars of the beneficiary designated by such member for purposes of subsection (3). Section 59(5) A member of the Service may at any time designate another person in the place of the person designated for purposes of subsection (3) and shall ensure that any change in designation is notified to the Director-General in writing. Section 59(6) Any change in designation becomes valid for purposes of subsection (3) when it is received by or on behalf of the Director-General. Section 59(7) The Service shall compensate its members who lose their life or sustain injuries while on duty in line with the Work Injury Benefits Act (Cap. 236).

Section 59Verify source

§ 60MISCELLANEOUS PROVISIONS - 60. Convening of boards of inquiryProvision

Sets when and by whom boards of inquiry may be convened, what they must do when directed, their composition, and that their proceedings cannot be used in disciplinary proceedings.

Section 60. Convening of boards of inquiry Section 60(1)(a) the absence without leave of a member of the Service; Section 60(1)(b) the capture of any member of the Service by an enemy of Kenya; Section 60(1)(c) the death of any member of the Service if an inquiry into the member's death is not required to be held by a civilian authority; or Section 60(1)(d) any other matter that in the opinion of the Director-General or officer authorised by the Director-General requires convening of a board of inquiry. Section 60(2) A board of inquiry convened under subsection (1) shall, if directed to do so by its convening authority, express an opinion on any question that may arise out of any of the matters referred to the board. Section 60(3) The Director-General or any officer authorised by the Director-General in writing may convene a board of inquiry to investigate and report in any other matter. Section 60(4) A board of inquiry shall consist of the number of members prescribed by Regulations made under this Act and be chaired by an officer of a rank not lower than Chief Inspector. Section 60(5) The proceedings and findings of a board of inquiry shall not be admissible against any person in any disciplinary proceedings.

Section 60Verify source

§ 61MISCELLANEOUS PROVISIONS - 61. RedressProvision

Members of the Service may complain in writing to the Director-General if wronged by a superior; the Director-General must investigate complaints and may grant necessary redress if the complaint is proven.

Section 61. Redress Section 61(1) If any member of the Service thinks he or she has been wronged in any way by member of a superior rank, he or she may complain in writing to the Director-General and seek redress for the wrong. Section 61(2) The Director-General shall, on receiving a complaint under subsection (1), investigate the complaint and if the complaint is proven to be true, may grant any redress which appears to the Director-General to be necessary. Section 61(3) This section shall be implemented in accordance with the Fair Administrative Action Act ( Cap. 7L ).

Section 61Verify source

§ 62MISCELLANEOUS PROVISIONS - 62. Secondment from National Security OrgansProvision

National security organs may second officers to the Service on the Director-General's request; seconded officers remain members or employees, retain their privileges and liabilities, and are regarded as Service members subject only to the Director-General's operational control and direction.

Section 62. Secondment from National Security Organs Section 62(1) A national security organ may on request from the Director-General, second officers to the Service. Section 62(2) An officer seconded to the Service shall remain a member of the Service or employee of the national security organ, as the case may be, and shall retain all the privileges and liabilities such membership or employment he or she is entitled or subject to. Section 62(3) For the purposes of this Act, an officer who is seconded to the Service under subsection (1) shall be regarded as a member of the Service and be subject only to the operational control and direction of the Director-General.

Section 62Verify source

§ 63MISCELLANEOUS PROVISIONS - 63. Temporary holding areasOffence

The Director-General may, by standing orders, designate temporary holding areas to detain persons suspected of disciplinary offences under this Act.

Section 63. Temporary holding areas Section The Director-General may through standing orders designate temporary holding areas for the detention of persons suspected to have committed offences against discipline under this Act.

Section 63Verify source

§ 64MISCELLANEOUS PROVISIONS - 64. RegulationsProvision

Requires establishment of a disciplinary mechanism for the staff seconded or deployed to the Service.

Section 64. Regulations Section the establishment of a disciplinary mechanism for the staff seconded or deployed to the Service;

Section 64Verify source

§ 65MISCELLANEOUS PROVISIONS - 65. Service Standing OrdersProvision

The Director-General may make standing orders about any matter relating to the Service; those standing orders must be consistent with this Act or any other written law and must not be published in the Gazette.

Section 65. Service Standing Orders Section 65(1) The Director-General may make general, special or routine standing orders with respect to any matter relating to the Service. Section 65(2) Any standing orders made under subsection (1) shall be consistent with the provisions of this Act or any other written law. Section 65(3) Any standing orders made under subsection (1) shall not be published in the Gazette .

Section 65Verify source

Part VIII

REPEAL, SAVINGS AND TRANSITION PROVISIONS

§ 66REPEAL, SAVINGS AND TRANSITION PROVISIONS - 66. Interpretation of this PartRepeal

"former Service" means the National Youth Service established under section 3 of the repealed National Youth Service Act.

Section 66. Interpretation of this Part Section In this Part, "former Service" means the National Youth Service established under section 3 of the repealed National Youth Service Act.

Section 66Verify source

§ 67REPEAL, SAVINGS AND TRANSITION PROVISIONS - 67. TransitionCommencement

Section 67. Transition Section 67(1) The members of the Service and the staff serving in the former Service before the commencement of this Act, shall be deemed to be members and staff of the Service under this Act. Section 67(2) Despite subsection (1), all the staff who were serving at the former Service shall upon the commencement of this Act be given an option to elect to serve in the Service or be redeployed in the Public Service within a period of one year. Section 67(3) The Council shall determine the criteria and make guidelines for the transition of the members of the Service and staff serving in the former Service before the commencement of this Act. Section 67(4) Assets and liabilities of the former Service shall be deemed to be assets and liabilities of the Service under this Act. Section 67(5) All legal proceedings by or against the former Service shall be deemed to be legal proceedings by or against the Service under this Act.

Section 67Verify source

Legislative relationships

13 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Act The object of this Act
Section 3
Council Section 14 requires that the Council regulate its own procedure (except as provided in the Act
Section 14
Council under this Act
Section 15

N–S

10 instruments

National Police Service Act
Section 7
Public Private Partnership Act
Section 8
Service as authorised under this Act
Section 12
Service during times of emergency Section Notwithstanding the provisions of this Act
Section 26
Service has been captured or has gone missing in circumstances not constituting an offence under this Act
Section 59
Service if he or she is a youth as defined under this Act
Section 23
Service must not join or participate in activities of associations unless regulations under this Act
Section 49
Service shall be kept and maintained in accordance with the Public Finance Management Act
Section 54
Service under this Act
Section 67
Service who commits an offence under this Act
Section 33

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