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.

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.

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.

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 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.

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.

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

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.

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.

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

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.

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.

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

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

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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 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 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.

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.

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 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 dismissal when imposed by an authorised officer.

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.

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).

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.

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

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.

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.

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

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.

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.

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

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

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.

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.

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

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

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

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

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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

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; assets, liabilities and legal proceedings of the former Service are treated as those of the Service.