National Youth Council Act

1. Interpretation

In this Act, unless the context otherwise requires

"Chairperson" means the Chairperson of the National Youth Executive Committee elected under section 10 ;

"Council" means the National Youth Council established by section 2 ;

"currency point" has the value assigned to it in Schedule 1 to this Act;

"district", "county", "subcounty", "division", "town", "parish", "ward", and "village" have the meanings assigned to them under the Local Governments Act;

"Minister" means the Minister responsible for youth affairs;

"Secretary" means the Secretary of the Council appointed under section 13 ;

"youth" means a person between the age of eighteen and thirty years;

"youth committee" means a youth committee established in respect of each youth council.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires "Chairperson" means the Chairperson of the National Youth Executive Committee elected under section 10;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

"Council" means the National Youth Council established by section 2;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"district", "county", "subcounty", "division", "town", "parish", "ward", and "village" have the meanings assigned to them under the Local Governments Act;
"Minister" means the Minister responsible for youth affairs;
"Secretary" means the Secretary of the Council appointed under section 13;
"youth" means a person between the age of eighteen and thirty years;
"youth committee" means a youth committee established in respect of each youth council.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 10 · National Youth Executive Committee Section 2 · Establishment of National Youth Council Section 13 · Appointment and tenure of office of Secretary Local Governments Act

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

2. Establishment of National Youth Council

(1)

There is established a council to be known as the National Youth Council.

(2)

The council shall be a body corporate, with perpetual succession and a common seal and may sue and be sued in its corporate name.

(3)

The Council may, for and in connection with its object and functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and may enter into any contract and other transaction as may be expedient and may do any other act or thing as in law may be done by a body corporate.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Establishment of National Youth Council”.

“(1) There is established a council to be known as the National Youth Council.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) There is established a council to be known as the National Youth Council.
(2) The council shall be a body corporate, with perpetual succession and a common seal and may sue and be sued in its corporate name.
(3) The Council may, for and in connection with its object and functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and may enter into any contract and other transaction as may be expedient and may do any other act or thing as in law may be done by a body corporate.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

3. Object and functions of Council

(1)

The object of the Council is-

(a)

to organise the youth of Uganda under a unified body;

(b)

to engage the youth in activities that are of benefit to them and the nation; and

(c)

to protect the youth against any kind of manipulation.

(2)

For the attainment of its objects under subsection (1), the Council shall be the policy making body and have the following functions-

(a)

to inspire and promote among the youth a spirit of unity and national consciousness;

(b)

to provide a unified and integrated system through which the youth may communicate and coordinate their ideas and activities;

(c)

to establish channels through which economic and social services and amenities may reach the youth in all areas of Uganda;

(d)

to encourage the youth to consolidate their role in national development in the economic, social, cultural and educational fields;

(e)

to initiate and encourage the formation of youth organisations and to facilitate communication among them;

(f)

to promote relations between youth organisations in Uganda and international youth organisations and other bodies with similar objects or interests;

(g)

to make or amend the constitution of the Council; and

(h)

to do all such other things as are incidental or conducive to the attainment of the objects of the Council under this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Object and functions of Council”.

“(1) The object of the Council is-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

13

(1) The object of the Council is-
(a) to organise the youth of Uganda under a unified body;
(b) to engage the youth in activities that are of benefit to them and the nation; and
(c) to protect the youth against any kind of manipulation.
(2) For the attainment of its objects under subsection (1), the Council shall be the policy making body and have the following functions-
(a) to inspire and promote among the youth a spirit of unity and national consciousness;
(b) to provide a unified and integrated system through which the youth may communicate and coordinate their ideas and activities;
(c) to establish channels through which economic and social services and amenities may reach the youth in all areas of Uganda;

5 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

4. Composition of Council

(1)

The Council shall consist of-

(a)

the National Youth Executive Committee;

(b)

the Chairperson of every district youth council;

(c)

the Secretary for female youths at the district level;

(d)

the Secretary for finance at the district level;

(e)

eight representatives of non-governmental organisations involved in youth activities nominated on regional basis by the National Executive Committee in consultation with the Non-governmental Organisations Board;

(f)

a representative of youth persons with disabilities;

(g)

four students' representatives elected by the Uganda National Students' Association, two of whom shall be female and one from a secondary school;

(h)

the Executive Secretary of the Council; and

(i)

members of Parliament representing the youth.

(2)

The members of the Council referred to in subsection (1)(e), (h) and (i) shall be ex officio members who shall participate in the deliberations of the Council without a deciding vote.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Composition of Council”.

“(1) The Council shall consist of-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

11

(1) The Council shall consist of-
(a) the National Youth Executive Committee;
(b) the Chairperson of every district youth council;
(c) the Secretary for female youths at the district level;
(d) the Secretary for finance at the district level;
(e) eight representatives of non-governmental organisations involved in youth activities nominated on regional basis by the National Executive Committee in consultation with the Non-governmental Organisations Board;
(f) a representative of youth persons with disabilities;
(g) four students' representatives elected by the Uganda National Students' Association, two of whom shall be female and one from a secondary school;

3 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

5. Establishment of youth councils

The following youth councils are established in each district (a) village youth councils;

(b)

parish or ward youth councils;

(c)

subcounty, division or town youth councils;

(d)

county youth councils; and

(e)

a district youth council.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Governing rule

This section states the governing statutory rule for “Establishment of youth councils”.

“The following youth councils are established in each district (a) village youth councils;”

Primary legislation Source quotation matched

Practical effect

Use this section as the starting statutory rule for “Establishment of youth councils”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(b) parish or ward youth councils;
(c) subcounty, division or town youth councils;
(d) county youth councils; and
(e) a district youth council.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

6. Composition and hierarchy of youth councils

(1)

A village youth council shall consist of youths who reside in the village and who are willing to be members of the village youth council.

(2)

Without prejudice to subsection (1), a person who is not a citizen of Uganda shall not be a member of a youth council.

(3)

The decisions of a village youth council shall be binding on all the youths in a village.

(4)

A parish or ward youth council shall consist of all the members of the village youth committees in the parish or ward.

(5)

A subcounty, division, municipal or town youth executive committee shall consist of-

(a)

the subcounty, division, municipal or town youth executive committee;

(b)

all members of the parish youth committees in subcounty, division, municipality or town;

(c)

two students elected by the subcounty, division, municipality or town executive committee in consultation with the Uganda National Students' Association in the district, one of whom shall be a female;

(d)

one youth with disability nominated by organisations of persons with disabilities in the subcounty, division, municipality or town;

(e)

the two youth councillors on the subcounty, division, municipality or town, local government council as ex officio members;

(f)

the subcounty, division, municipality or town community officer as an ex officio member; and

(g)

the executive secretary at the subcounty, division, municipality or town community officer as an ex officio member.

(6)

A district youth council shall consist of-

(a)

the district youth committee;

(b)

the chairperson of every subcounty, division, municipality or town youth council;

(c)

the Secretary for women affairs at the subcounty, division, municipality or town level;

(d)

the Secretary responsible for finance at the subcounty, division, municipality or town level;

(e)

one representative of non-governmental organisations involved in youth activities in the district to be nominated by the district youth council committee;

(f)

one youth with disability nominated by organisations of persons with disabilities in the district;

(g)

the district officer in charge of youth affairs;

(h)

two student representatives nominated by the Uganda National Students' Association in the district, one of whom shall be female;

(i)

the two youths councillors on the district local government council; and

(j)

the executive secretary of the district secretariat.

(7)

The members of the Council referred to in subsection (6)(e), (g), (i) and (j) shall be ex officio members who shall participate in the deliberations of the Council without a deciding vote.

(8)

A district youth council shall be a body corporate and may sue or be sued in its corporate name and shall carry out any other activities carried out by a body corporate.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Composition and hierarchy of youth councils”.

“(1) A village youth council shall consist of youths who reside in the village and who are willing to be members of the village youth council.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

25

(1) A village youth council shall consist of youths who reside in the village and who are willing to be members of the village youth council.
(2) Without prejudice to subsection (1), a person who is not a citizen of Uganda shall not be a member of a youth council.
(3) The decisions of a village youth council shall be binding on all the youths in a village.
(4) A parish or ward youth council shall consist of all the members of the village youth committees in the parish or ward.
(5) A subcounty, division, municipal or town youth executive committee shall consist of-
(a) the subcounty, division, municipal or town youth executive committee;
(b) all members of the parish youth committees in subcounty, division, municipality or town;
(c) two students elected by the subcounty, division, municipality or town executive committee in consultation with the Uganda National Students' Association in the district, one of whom shall be a female;

17 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

7. Electoral Commission to designate period for registration

The Electoral Commission shall (a) by statutory instrument, designate a time period for registering youth to participate in a youth council election at all levels;

(b)

compile, maintain, revise and update a voters register for the youth council at the village and the parish level; and

(c)

by statutory instrument, designate a period for updating the voters register for a youth council election.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Electoral Commission to designate period for registration”.

“The Electoral Commission shall (a) by statutory instrument, designate a time period for registering youth to participate in a youth council election at all levels;”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(b) compile, maintain, revise and update a voters register for the youth council at the village and the parish level; and
(c) by statutory instrument, designate a period for updating the voters register for a youth council election.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

8. Electoral Commission to resolve election complaints

The powers of the Electoral Commission to resolve election complaints as provided in section 15 of the Electoral Commission Act shall, with the necessary modifications, apply to the youth council elections

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Electoral Commission to resolve election complaints”.

“The powers of the Electoral Commission to resolve election complaints as provided in section 15 of the Electoral Commission Act shall, with the necessary modifications, apply to the youth council elections”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The powers of the Electoral Commission to resolve election complaints as provided in section 15 of the Electoral Commission Act shall, with the necessary modifications, apply to the youth council elections

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 15 · Other staff of Council Electoral Commission Act

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

9. Establishment and composition of youth committees

(1)

There is established, in respect of each youth council, a youth committee, which shall consist of the following-

(a)

a chairperson;

(b)

a vice chairperson;

(c)

a general secretary;

(d)

a publicity secretary;

(e)

a secretary for women youth who shall be a female;

(f)

a secretary for student affairs who shall be a student;

(g)

a secretary for labour affairs;

(h)

a secretary for sports and culture; and

(i)

a secretary for finance.

(2)

The members of a youth committee shall be elected by the members of a youth council from among their number.

(3)

A person shall not be eligible to be elected a member of a youth committee unless he or she has attained the age of eighteen years, and a person shall not be eligible to be so elected in a youth committee if he or she has attained the age of thirty years.

(4)

A person shall not be a member of more than one youth committee.

(5)

Where a person is elected to a higher youth committee, his or her office in the lower youth committee shall fall vacant and another person shall be elected in his or her place.

(6)

Where the office of a member of the Council falls vacant by virtue of death, resignation, abscondment or any other cause, for more than six months, the Secretary shall, as soon as possible, supervise elections and fill the vacant position in the relevant council and the Secretary shall notify the Electoral Commission of the results.

(7)

A person shall not be elected a member of any youth council and youth committee unless he or she submits a statutory declaration, or birth certificate or proves his or her age before the commencement of an election.

(8)

All youth committee elections at the national and district level shall be by secret ballot.

(9)

Elections for the village, parish or ward, subcounty, division or town youth committee shall be by the electorate lining up behind the candidates nominated for the office, their representatives, portraits or symbols.

(10)

For the avoidance of doubt, any person holding an office in a youth council shall not vacate office on the sole reason that he or she has attained thirty years of age at any time during his or her term of office.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Establishment and composition of youth committees”.

“(1) There is established, in respect of each youth council, a youth committee, which shall consist of the following-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

19

(1) There is established, in respect of each youth council, a youth committee, which shall consist of the following-
(a) a chairperson;
(b) a vice chairperson;
(c) a general secretary;
(d) a publicity secretary;
(e) a secretary for women youth who shall be a female;
(f) a secretary for student affairs who shall be a student;
(g) a secretary for labour affairs;

11 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

10. National Youth Executive Committee

(1)

There shall be a National Youth Executive Committee which shall be responsible for managing the affairs of the Council.

(2)

The National Youth Executive Committee shall be elected by the members of the Council from among their number and shall consist of-

(a)

a chairperson;

(b)

a vice chairperson;

(c)

a general secretary;

(d)

a publicity secretary;

(e)

a secretary for women youth who shall be a female;

(f)

a secretary for student affairs;

(g)

a secretary for labour affairs;

(h)

a secretary for sports and culture;

(i)

a secretary for external relations;

(j)

a secretary for finance; and

(k)

a secretary for legal affairs.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “National Youth Executive Committee”.

“(1) There shall be a National Youth Executive Committee which shall be responsible for managing the affairs of the Council.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

13

(1) There shall be a National Youth Executive Committee which shall be responsible for managing the affairs of the Council.
(2) The National Youth Executive Committee shall be elected by the members of the Council from among their number and shall consist of-
(a) a chairperson;
(b) a vice chairperson;
(c) a general secretary;
(d) a publicity secretary;
(e) a secretary for women youth who shall be a female;
(f) a secretary for student affairs;

5 further items remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

11. Sponsorship of candidate by political organisation or political party

Under the multiparty political system, nomination of candidates may be made by a political organisation or a political party sponsoring a candidate or by a candidate standing for election as an independent candidate without being sponsored by a political party or a political organisation

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Sponsorship of candidate by political organisation or political party”.

“Under the multiparty political system, nomination of candidates may be made by a political organisation or a political party sponsoring a candidate or by a candidate standing for election as an independent candidate without being sponsored by a political party or a political organisation”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Under the multiparty political system, nomination of candidates may be made by a political organisation or a political party sponsoring a candidate or by a candidate standing for election as an independent candidate without being sponsored by a political party or a political organisation

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

12. Secretariat

(1)

The council shall have a secretariat to assist it in carrying out its object and functions under this Act.

(2)

The secretariat shall be composed of a secretary and other staff of the Council.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Secretariat”.

“(1) The council shall have a secretariat to assist it in carrying out its object and functions under this Act.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The council shall have a secretariat to assist it in carrying out its object and functions under this Act.
(2) The secretariat shall be composed of a secretary and other staff of the Council.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

13. Appointment and tenure of office of Secretary

(1)

The Secretary shall be appointed by the Minister on the advice of the Public Service Commission.

(2)

The Secretary shall be appointed from among persons who are qualified or experienced in management or administrative matters.

(3)

Subject to this Act, the Secretary shall hold office on a full time basis and on such terms and conditions as are specified in the instrument of appointment.

(4)

The Secretary may resign his or her office, by writing under his or her hand, addressed to the Minister through the Council.

(5)

The Minister may, on the advice of the Council, remove the Secretary from office for inability to perform the functions of his or her office as a result of infirmity of body or mind, misbehaviour or for any other cause.

(6)

In the case of removal from office of the Secretary under this section on the ground of inability to perform the functions of his or her office as a result of misbehaviour or for any other cause, other than infirmity of body or mind, the Secretary shall, before being removed, be given an opportunity to be heard on the allegations made against him or her.

(7)

The secretary shall not be removed from office under this section for inability to perform the functions of his or her office as a result of infirmity of body or mind unless the fact of such infirmity of body or mind has been proved and certified by at least two medical practitioners appointed by the director of medical services for that purpose.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Appointment and tenure of office of Secretary”.

“(1) The Secretary shall be appointed by the Minister on the advice of the Public Service Commission.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

(1) The Secretary shall be appointed by the Minister on the advice of the Public Service Commission.
(2) The Secretary shall be appointed from among persons who are qualified or experienced in management or administrative matters.
(3) Subject to this Act, the Secretary shall hold office on a full time basis and on such terms and conditions as are specified in the instrument of appointment.
(4) The Secretary may resign his or her office, by writing under his or her hand, addressed to the Minister through the Council.
(5) The Minister may, on the advice of the Council, remove the Secretary from office for inability to perform the functions of his or her office as a result of infirmity of body or mind, misbehaviour or for any other cause.
(6) In the case of removal from office of the Secretary under this section on the ground of inability to perform the functions of his or her office as a result of misbehaviour or for any other cause, other than infirmity of body or mind, the Secretary shall, before being removed, be given an opportunity to be heard on the allegations made against him or her.
(7) The secretary shall not be removed from office under this section for inability to perform the functions of his or her office as a result of infirmity of body or mind unless the fact of such infirmity of body or mind has been proved and certified by at least two medical practitioners appointed by the director of medical services for that purpose.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

14. Functions of Secretary

(1)

The Secretary shall be the chief executive officer and the accounting officer of the Council.

(2)

Subject to the general control of the Council, the Secretary shall-

(a)

act as Secretary at meetings of the Council and record the minutes of the Council at those meetings;

(b)

be responsible for the implementation of the policy decisions of the Council and for the day- to-day administration of the affairs of the Council and the control of the other staff of the Council;

(c)

attend meetings of the Executive Committee; and

(d)

perform such other functions as may be assigned to him or her by the Council.

(3)

Where the office of the Secretary is vacant or where the Secretary is unable to perform the functions of his or her office by reason of illness, absence or other reason, the Council may designate an officer of the Council qualified in terms of section 13 to perform those functions until the vacancy in that office is filled or, as the case may be, until the Secretary is able to perform those functions.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Functions of Secretary”.

“(1) The Secretary shall be the chief executive officer and the accounting officer of the Council.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

(1) The Secretary shall be the chief executive officer and the accounting officer of the Council.
(2) Subject to the general control of the Council, the Secretary shall-
(a) act as Secretary at meetings of the Council and record the minutes of the Council at those meetings;
(b) be responsible for the implementation of the policy decisions of the Council and for the day- to-day administration of the affairs of the Council and the control of the other staff of the Council;
(c) attend meetings of the Executive Committee; and
(d) perform such other functions as may be assigned to him or her by the Council.
(3) Where the office of the Secretary is vacant or where the Secretary is unable to perform the functions of his or her office by reason of illness, absence or other reason, the Council may designate an officer of the Council qualified in terms of section 13 to perform those functions until the vacancy in that office is filled or, as the case may be, until the Secretary is able to perform those functions.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 13 · Appointment and tenure of office of Secretary

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

15. Other staff of Council

(1)

The Council shall employ such other staff as may be necessary for the proper and efficient discharge of the functions of the secretariat under this Act.

(2)

The Council shall regulate the manner of appointment, terms and conditions of service and the discipline of its staff appointed under this section.

(3)

Public officers may be seconded to the service of the Council or may otherwise give assistance to the Council.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Other staff of Council”.

“(1) The Council shall employ such other staff as may be necessary for the proper and efficient discharge of the functions of the secretariat under this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(1) The Council shall employ such other staff as may be necessary for the proper and efficient discharge of the functions of the secretariat under this Act.
(2) The Council shall regulate the manner of appointment, terms and conditions of service and the discipline of its staff appointed under this section.
(3) Public officers may be seconded to the service of the Council or may otherwise give assistance to the Council.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

16. Remuneration of Secretary and other staff

The Council may pay to the Secretary and other staff such remuneration and allowances as it deems fit and may grant pension or retirement benefits or gratuity to them at such rates as the Minister may, after consultation with the Minister responsible for finance, determine

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Remuneration of Secretary and other staff”.

“The Council may pay to the Secretary and other staff such remuneration and allowances as it deems fit and may grant pension or retirement benefits or gratuity to them at such rates as the Minister may, after consultation with the Minister responsible for finance, determine”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Council may pay to the Secretary and other staff such remuneration and allowances as it deems fit and may grant pension or retirement benefits or gratuity to them at such rates as the Minister may, after consultation with the Minister responsible for finance, determine

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

17. District secretariat and secretary

(1)

The district youth council shall have a secretariat to assist in carrying out its functions under this Act.

(2)

The secretariat shall have a secretary who shall be appointed by the Chief Administrative Officer on the advice of the District Service Commission.

(3)

The district youth council shall employ such other staff as may be necessary for the proper and efficient discharge of the functions of the secretariat under this Act.

(4)

The other employees of the Council shall be appointed by the Chief Administrative Officer following procedures applicable to appointments by the District Service Commission on terms applicable to the public service.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “District secretariat and secretary”.

“(1) The district youth council shall have a secretariat to assist in carrying out its functions under this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The district youth council shall have a secretariat to assist in carrying out its functions under this Act.
(2) The secretariat shall have a secretary who shall be appointed by the Chief Administrative Officer on the advice of the District Service Commission.
(3) The district youth council shall employ such other staff as may be necessary for the proper and efficient discharge of the functions of the secretariat under this Act.
(4) The other employees of the Council shall be appointed by the Chief Administrative Officer following procedures applicable to appointments by the District Service Commission on terms applicable to the public service.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

18. Subcounty council to have secretariat

(1)

The subcounty, division, municipal and town youth council shall have a secretariat to assist in carrying out its functions under this Act.

(2)

The secretariat shall have a secretary who shall be appointed by the District Chief Administrative Officer on the advice of the District Service Commission.

(3)

The subcounty, division, municipal and town youth council shall employ such other staff who shall be appointed by the District Service Commission on terms applicable to the public service.

(4)

The provisions of this section shall come into force on a date to be determined by the Minister, by statutory instrument.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Subcounty council to have secretariat”.

“(1) The subcounty, division, municipal and town youth council shall have a secretariat to assist in carrying out its functions under this Act.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The subcounty, division, municipal and town youth council shall have a secretariat to assist in carrying out its functions under this Act.
(2) The secretariat shall have a secretary who shall be appointed by the District Chief Administrative Officer on the advice of the District Service Commission.
(3) The subcounty, division, municipal and town youth council shall employ such other staff who shall be appointed by the District Service Commission on terms applicable to the public service.
(4) The provisions of this section shall come into force on a date to be determined by the Minister, by statutory instrument.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

19. Funds of Council

(1)

The funds and resources of the Council shall consist of-

(a)

such sums from the Consolidated Fund as may be appropriated by Parliament for the purposes of the Council;

(b)

any money accruing to the Council in the discharge of its functions under this Act; and

(c)

grants, gifts or donations to the Council.

(2)

All income and moneys of the Council shall be deposited to the credit of the Council in a bank approved by the Minister and shall not be withdrawn except with the approval of, and in a manner determined by, the Council.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Funds of Council”.

“(1) The funds and resources of the Council shall consist of-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) The funds and resources of the Council shall consist of-
(a) such sums from the Consolidated Fund as may be appropriated by Parliament for the purposes of the Council;
(b) any money accruing to the Council in the discharge of its functions under this Act; and
(c) grants, gifts or donations to the Council.
(2) All income and moneys of the Council shall be deposited to the credit of the Council in a bank approved by the Minister and shall not be withdrawn except with the approval of, and in a manner determined by, the Council.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

20. Funds of district and other councils

(1)

The funds and resources of the district and lower youth councils shall consist of-

(a)

such sums as may be appropriated by Parliament for the purposes of the district and lower youth councils;

(b)

such sums as may be appropriated by the relevant local government council for the purposes of the youth council;

(c)

any money accruing to the relevant youth council in the discharge of its functions under this Act; and

(d)

grants, gifts or donations to the relevant council.

(2)

The money appropriated under subsection (1)(a) shall be decentralised by the Treasury as conditional grants to the relevant local government councils and directly transferred to the district through the prescribed accounting system for the benefit of the relevant youth councils.

(3)

All income and money of a council shall be deposited to the credit of the council in a bank approved by the district youth council and shall not be withdrawn except with approval of the youth council.

(4)

The account shall be operated by the signature of the Chief Administrative Officer or any person authorised by him or her and such other signatures as the council may determine.

(5)

The provisions of sections 21 , 22 , 23 , 24 , 25 and 26 shall apply to the district and other lower youth councils.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Funds of district and other councils”.

“(1) The funds and resources of the district and lower youth councils shall consist of-”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

9

(1) The funds and resources of the district and lower youth councils shall consist of-
(a) such sums as may be appropriated by Parliament for the purposes of the district and lower youth councils;
(b) such sums as may be appropriated by the relevant local government council for the purposes of the youth council;
(c) any money accruing to the relevant youth council in the discharge of its functions under this Act; and
(d) grants, gifts or donations to the relevant council.
(2) The money appropriated under subsection (1)(a) shall be decentralised by the Treasury as conditional grants to the relevant local government councils and directly transferred to the district through the prescribed accounting system for the benefit of the relevant youth councils.
(3) All income and money of a council shall be deposited to the credit of the council in a bank approved by the district youth council and shall not be withdrawn except with approval of the youth council.
(4) The account shall be operated by the signature of the Chief Administrative Officer or any person authorised by him or her and such other signatures as the council may determine.

1 further item remain in the statutory text above.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 21 · Borrowing powers Section 22 · Estimates Section 23 · Financial year Section 24 · Accounts Section 25 · Audit Section 26 · Investment of surplus funds of Council

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

21. Borrowing powers

(1)

The Council may, with the prior approval of the Minister and the Minister responsible for finance, borrow by way of overdraft or otherwise from a banker or any other person, such sums as may be necessary for meeting the obligations of the Council and for carrying out the objects and functions of the Council.

(2)

The Council may, with the prior approval of the Minister for the purposes of any borrowing under subsection (1), charge any asset or property of the Council with the repayment of any money so borrowed.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Borrowing powers”.

“(1) The Council may, with the prior approval of the Minister and the Minister responsible for finance, borrow by way of overdraft or otherwise from a banker or any other person, such sums as may be necessary for meeting the obligations of the Council and for carrying out the objects and functions of the Council.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Council may, with the prior approval of the Minister and the Minister responsible for finance, borrow by way of overdraft or otherwise from a banker or any other person, such sums as may be necessary for meeting the obligations of the Council and for carrying out the objects and functions of the Council.
(2) The Council may, with the prior approval of the Minister for the purposes of any borrowing under subsection (1), charge any asset or property of the Council with the repayment of any money so borrowed.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

22. Estimates

(1)

The council shall, within three months before the end of each financial year, cause to be prepared and submitted to the Minister for submission to the Minister responsible for finance for his or her approval estimates of the income and expenditure of the Council for the next ensuing year.

(2)

No expenditure shall be made out of the funds of the Council unless the expenditure has been approved by the Minister.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Estimates”.

“(1) The council shall, within three months before the end of each financial year, cause to be prepared and submitted to the Minister for submission to the Minister responsible for finance for his or her approval estimates of the income and expenditure of the Council for the next ensuing year.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The council shall, within three months before the end of each financial year, cause to be prepared and submitted to the Minister for submission to the Minister responsible for finance for his or her approval estimates of the income and expenditure of the Council for the next ensuing year.
(2) No expenditure shall be made out of the funds of the Council unless the expenditure has been approved by the Minister.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

23. Financial year

The financial year of the Council shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Financial year”.

“The financial year of the Council shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The financial year of the Council shall be the period of twelve months commencing on the 1st day of July and ending on the 30th day of June of the following year

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

24. Accounts

(1)

The council shall keep proper books of accounts of all its income and expenditure and proper records in relation to them.

(2)

Subject to any directions given by the Minister responsible for finance, the Council shall cause to be prepared, in respect of each financial year, a statement of account which shall include a report on the performance of the Council during the financial year comprising-

(a)

a balance sheet, a statement of income and expenditure and a statement of surplus and deficit; and

(b)

any other information in respect of the financial affairs of the Council as the Minister responsible for finance may require.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Accounts”.

“(1) The council shall keep proper books of accounts of all its income and expenditure and proper records in relation to them.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) The council shall keep proper books of accounts of all its income and expenditure and proper records in relation to them.
(2) Subject to any directions given by the Minister responsible for finance, the Council shall cause to be prepared, in respect of each financial year, a statement of account which shall include a report on the performance of the Council during the financial year comprising-
(a) a balance sheet, a statement of income and expenditure and a statement of surplus and deficit; and
(b) any other information in respect of the financial affairs of the Council as the Minister responsible for finance may require.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

25. Audit

(1)

The accounts of the Council shall, in respect of each financial year, be audited by the Auditor General or by an auditor appointed by the Auditor General.

(2)

The council shall ensure that, within four months after the expiry of each financial year, a statement of account described in section 24 is submitted to the Auditor General for auditing.

(3)

The Auditor General and any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other financial records of the Council and be entitled to have any information and explanation required by him or her in relation to the books of accounts, vouchers and other financial records, as he or she may think fit.

(4)

The Auditor General shall, within two months after receipt of the statement of account under subsection (2), audit the accounts and deliver to the Council a copy of the audited accounts of the Council together with his or her report on the audited accounts stating any matter which in his or her opinion should be brought to the attention of the Minister.

(5)

The Auditor General shall also deliver to the Minister a copy of the audited accounts together with his or her report on the audited accounts.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Audit”.

“(1) The accounts of the Council shall, in respect of each financial year, be audited by the Auditor General or by an auditor appointed by the Auditor General.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) The accounts of the Council shall, in respect of each financial year, be audited by the Auditor General or by an auditor appointed by the Auditor General.
(2) The council shall ensure that, within four months after the expiry of each financial year, a statement of account described in section 24 is submitted to the Auditor General for auditing.
(3) The Auditor General and any auditor appointed by the Auditor General shall have access to all books of accounts, vouchers and other financial records of the Council and be entitled to have any information and explanation required by him or her in relation to the books of accounts, vouchers and other financial records, as he or she may think fit.
(4) The Auditor General shall, within two months after receipt of the statement of account under subsection (2), audit the accounts and deliver to the Council a copy of the audited accounts of the Council together with his or her report on the audited accounts stating any matter which in his or her opinion should be brought to the attention of the Minister.
(5) The Auditor General shall also deliver to the Minister a copy of the audited accounts together with his or her report on the audited accounts.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 24 · Accounts

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

26. Investment of surplus funds of Council

Any funds of the Council not immediately required for any purpose under this Act shall be invested in such manner as the Council may, with the approval of the Minister, after consultation with the Minister responsible for finance, determine

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Investment of surplus funds of Council”.

“Any funds of the Council not immediately required for any purpose under this Act shall be invested in such manner as the Council may, with the approval of the Minister, after consultation with the Minister responsible for finance, determine”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Any funds of the Council not immediately required for any purpose under this Act shall be invested in such manner as the Council may, with the approval of the Minister, after consultation with the Minister responsible for finance, determine

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

27. Protection of members and staff from personal liability

A member of the Council or an employee of the Council acting on its behalf shall not be personally liable for an act done by him or her in good faith for the purpose of carrying into effect this Act

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Protection of members and staff from personal liability”.

“A member of the Council or an employee of the Council acting on its behalf shall not be personally liable for an act done by him or her in good faith for the purpose of carrying into effect this Act”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A member of the Council or an employee of the Council acting on its behalf shall not be personally liable for an act done by him or her in good faith for the purpose of carrying into effect this Act

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

28. Annual reports

The council shall, within three months after the end of each financial year, submit to the Minister a report on the activities of the Council in respect of that financial year, and the report shall include its achievements during that financial year and its future plans

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Annual reports”.

“The council shall, within three months after the end of each financial year, submit to the Minister a report on the activities of the Council in respect of that financial year, and the report shall include its achievements during that financial year and its future plans”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The council shall, within three months after the end of each financial year, submit to the Minister a report on the activities of the Council in respect of that financial year, and the report shall include its achievements during that financial year and its future plans

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

29. Regulations

(1)

The Minister may, by statutory instrument, after consultation with the Council, make regulations for the better carrying into effect the provisions of this Act.

(2)

Without prejudice to subsection (1), the Minister shall, after consultation with the Council, make regulations for the implementation of the provisions of this Act regarding election of members of the Council.

(3)

Without prejudice to subsection (1), the Minister may prescribe as penalties for contravention of the regulations made under that subsection-

(a)

a fine not exceeding seventy-two currency points or imprisonment for a term not exceeding three years, or both;

(b)

a daily fine not exceeding five currency points for each day on which the contravention continues; and

(c)

disqualification for a period not exceeding five years from the date of the conviction from holding an office on a youth committee or being a member of any youth council, other than a cell or village youth council.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Regulations”.

“(1) The Minister may, by statutory instrument, after consultation with the Council, make regulations for the better carrying into effect the provisions of this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

6

(1) The Minister may, by statutory instrument, after consultation with the Council, make regulations for the better carrying into effect the provisions of this Act.
(2) Without prejudice to subsection (1), the Minister shall, after consultation with the Council, make regulations for the implementation of the provisions of this Act regarding election of members of the Council.
(3) Without prejudice to subsection (1), the Minister may prescribe as penalties for contravention of the regulations made under that subsection-
(a) a fine not exceeding seventy-two currency points or imprisonment for a term not exceeding three years, or both;
(b) a daily fine not exceeding five currency points for each day on which the contravention continues; and
(c) disqualification for a period not exceeding five years from the date of the conviction from holding an office on a youth committee or being a member of any youth council, other than a cell or village youth council.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

30. Tenure of office of youth council and youth committee

(1)

Subject to this Act, every youth council and youth committee shall remain in office for a period of five years from the date of its inception, after which it shall automatically lapse and dissolve.

(2)

A member of a youth council or youth committee vacating office at the end of his or her term shall, subject to this Act, be eligible for re-election.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Tenure of office of youth council and youth committee”.

“(1) Subject to this Act, every youth council and youth committee shall remain in office for a period of five years from the date of its inception, after which it shall automatically lapse and dissolve.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Subject to this Act, every youth council and youth committee shall remain in office for a period of five years from the date of its inception, after which it shall automatically lapse and dissolve.
(2) A member of a youth council or youth committee vacating office at the end of his or her term shall, subject to this Act, be eligible for re-election.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

31. Application

Schedule 2 to this Act shall apply in relation to the seal of the Council and to any other matter set out in that Schedule

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Application” applies.

“Schedule 2 to this Act shall apply in relation to the seal of the Council and to any other matter set out in that Schedule”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Schedule 2 to this Act shall apply in relation to the seal of the Council and to any other matter set out in that Schedule

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

32. Power to amend Schedules

(1)

The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.

(2)

The Minister may, by statutory instrument, amend Schedule 2 to this Act.

Schedule 1 (Sections 1 , 32(1) )

Currency point A currency point is equivalent to twenty thousand shillings.

Schedule 2 (Sections 31 , 32(2) )

Seal, offices and meetings of Council and committees

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Power to amend Schedules”.

“(1) The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.
(2) The Minister may, by statutory instrument, amend Schedule 2 to this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 1 · Interpretation Section 31 · Application

Amendment notes

No section-specific note is recorded. Act-level consolidation history:

[Amended by National Youth Council (Amendment) Act, 2006 (Act 4 of 2006) on 21 April 2006]
[Amended by National Youth Council (Amendment) Act, 2010 (Act 9 of 2010) on 25 June 2010]
[Amended by National Youth Council (Amendment) Act, 2015 (Act 20 of 2015) on 16 October 2015]

Act-level history only · Do not infer that every amendment changed this section

1. Common seal of Council

(1)

The common seal of the Council shall be such device as the Council may determine and shall be kept in the custody of the Secretary.

(2)

The common seal shall, when affixed onto any document, be authenticated by the signatures of the Chairperson and the Secretary of the Council.

(3)

In the absence of the Chairperson, the Vice Chairperson shall authenticate the seal in place of the Chairperson, and in the absence of the Secretary, the person for the time being performing the functions of the Secretary shall authenticate in place of the Secretary.

(4)

The signature of the Chairperson, Secretary or other member of the Council under this paragraph shall be independent of the signing by any other person as witness.

(5)

A contract or instrument, which if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Council by the Secretary or any other person authorised in that behalf by the Council.

(6)

Every document purporting to be-

(a)

an instrument issued by the Council and sealed with the common seal of the Council, authenticated in the manner prescribed in this paragraph; or

(b)

a contract or instrument entered into or executed under subparagraph (5), shall be received in evidence without further proof as such an instrument duly issued or a contract or instrument duly entered into or executed, as the case may be, unless the contrary is proved.

2. Vacation of office of member of

youth council or youth committee Except for a village youth council, the seat of a member of a youth council or a youth committee shall fall vacant if-

(a)

the member resigns from the youth council;

(b)

without reasonable cause or the permission of the chairperson, the member fails to attend two consecutive meetings of the Council;

(c)

the member is under sentence of death or imprisonment exceeding six months, imposed on him or her by a court of law;

(d)

the member has been convicted of an offence involving moral turpitude within the preceding six years; and

(e)

circumstances arise which disqualify a member from membership under any other law.

3. Removal of member of youth council or youth committee

Except for a village youth council, a youth council or a youth committee may remove from office any member of that council or of the youth committee of that council on any of the following grounds-

(a)

inability to perform the functions of his or her office, arising out of infirmity of body or mind;

(b)

habitual drunkenness;

(c)

breach of law or public trust; or

(d)

a vote of no confidence passed by a two-thirds majority of the members.

4. Filling of vacancies on councils and committees

Except in the case of a village youth council, where the office of a member of a youth council or a youth committee becomes vacant, the committee of the relevant youth council shall organise an election for the vacancy to be filled.

5. Meetings of Council

(1)

The counci1 shall meet at such times and places as the Chairperson may determine, but it shall meet at least once in each year.

(2)

The Chairperson shall also convene a meeting of the Council if requested to do so in writing by not less than one-third of the members of the Council.

(3)

The Chairperson shall preside at each meeting of the Council, and in his or her absence the Vice Chairperson shall preside.

(4)

In the absence of both the Chairperson and the Vice Chairperson, a member of the Council elected by the members present shall preside.

(5)

The quorum at any meeting of the Council is one-third of the members of the Council, and the quorum shall be maintained throughout the meeting.

(6)

Any matter coming for determination by the Council at any meeting shall be determined by a general consensus, but where a consensus cannot be reached, the matter shall be determined by a simple majority of the members present and voting, but in the event of an equality of votes, the Chairperson or other person presiding at the meeting shall have a second or casting vote.

(7)

The council may co-opt any person who is not a member to attend any of its meetings as an adviser or consultant, and that person may participate in the deliberations at the meeting on any matter in relation to which his or her advice is sought but shall not have the right to vote on any matter coming for decision before the meeting.

(8)

Subject to this paragraph, the Council may regulate the procedure of, and any other matter relating to, its meetings and may, in particular, prescribe the period of notice to be given in respect of any such meeting.

(9)

Minutes of every meeting of the Council shall be recorded in writing and shall be presented to and approved by the Council at its next subsequent meeting and signed by the person presiding at the latter meeting and the Secretary.

6. Meetings of youth councils

(1)

A district youth council shall meet for the discharge of its functions under this Act at least once in every six months at such time and place as the chairperson of the district youth council may determine.

(2)

The chairperson of the district youth council shall also convene a special meeting-

(a)

upon the request in writing of not less than one-third of the members of the district youth council;

(b)

whenever he or she considers it necessary to do so.

(3)

A youth council other than a district youth council shall meet for the discharge of its functions under this Act at least once in every three months, at such time and place as its chairperson may determine.

(4)

The chairperson of a youth council referred to in subparagraph (3) shall also convene a special meeting-

(a)

upon the request in writing of not less than one-third of the members of that council;

(b)

whenever he or she considers it necessary to do so.

(5)

A notice calling a meeting, together with the agenda for that meeting, shall be circulated to each member of the youth council at least fourteen days before the date of the meeting.

(6)

The chairperson of a youth council shall preside at every meeting of the youth council, and in his or her absence the vice chairperson shall preside.

(7)

In the absence of both the chairperson and the vice chairperson at a meeting of a youth council, a member of the youth council elected by the members present shall preside.

(8)

The quorum at a meeting of a youth council is one-third of the members and that quorum shall be maintained throughout the meeting.

(9)

Any matter coming for determination at a meeting of a youth council shall be determined by general consensus, but where a consensus cannot be reached, the matter shall be determined by a simple majority of the members present and voting, but in the event of an equality of votes, the chairperson or other person presiding at the meeting shall have a second or casting vote.

(10)

A youth council may co-opt any person who is not a member to attend any of its meetings as an adviser or consultant, and that person may participate in the deliberations at the meeting on any matter in relation to which his or her advice is sought but shall not have the right to vote on any matter coming for decision before the meeting.

(11)

Subject to this Schedule, a youth council may regulate its own proceedings.

7. Minutes of meetings of youth council

(1)

The minutes of every meeting of a district youth council shall be kept.

(2)

The minutes of every meeting of a youth council, other than a district youth council, shall be kept, and copies of the minutes shall be sent to the chairperson of the youth council immediately higher in hierarchy.

(3)

The minutes of the meetings of a district youth council required to be kept by this paragraph shall be in English and shall be open to inspection during normal office hours by members of the public.

(4)

The minutes of the meetings of a youth council other than a district youth council required to be kept under this paragraph shall be kept in a language decided by each youth council and shall be open to inspection during normal office hours by members of the public.

8. Meetings of youth committee

(1)

Except for the National Youth Executive Committee which shall meet once in three months, the youth committee shall meet for the discharge of its duties at least once every month at such time and place as the chairperson of the committee may direct.

(2)

Notice calling a meeting, together with the agenda for that meeting, shall be circulated to each member of the youth committee at least seven days before the date of the meeting.

(3)

The chairperson of a youth committee shall preside at every meeting of the youth committee, and in his or her absence the vice chairperson shall preside.

(4)

In the absence of both the chairperson and vice chairperson at a meeting of a youth committee, a member of the youth committee elected by the members present shall preside.

(5)

The quorum at a meeting of the youth committee is six members.

(6)

A youth committee may co-opt any person who is not a member to attend any of its meetings as an adviser or consultant, and that person may speak at the meeting on any matter in relation to which his or her advice is sought but shall not have the right to vote on any matter coming for decision before the meeting.

(7)

Subject to this Schedule, a youth committee may regulate its own proceedings.

9. Minutes of meetings of youth committee

Paragraph 7 regarding the keeping of minutes of a youth council shall, with the necessary modifications, apply to the keeping of minutes of a youth committee meeting.

10. Service of documents

Without prejudice to any other written law, a notice or document required to be served on the Council may be served by leaving it at the office of the Secretary or by sending it by prepaid registered post to the Secretary.

About this Act

Amendments

Full text of the Act

Part I

1. Interpretation

Part II

2. Establishment of National Youth Council

3. Object and functions of Council

4. Composition of Council

Part III

5. Establishment of youth councils

6. Composition and hierarchy of youth councils

7. Electoral Commission to designate period for registration

8. Electoral Commission to resolve election complaints

9. Establishment and composition of youth committees

10. National Youth Executive Committee

11. Sponsorship of candidate by political organisation or political party

Part IV

12. Secretariat

13. Appointment and tenure of office of Secretary

14. Functions of Secretary

15. Other staff of Council

16. Remuneration of Secretary and other staff

17. District secretariat and secretary

18. Subcounty council to have secretariat

Part V

19. Funds of Council

20. Funds of district and other councils

21. Borrowing powers

22. Estimates

23. Financial year

24. Accounts

25. Audit

26. Investment of surplus funds of Council

Part VI

27. Protection of members and staff from personal liability

28. Annual reports

29. Regulations

30. Tenure of office of youth council and youth committee

31. Application

32. Power to amend Schedules

1. Common seal of Council

2. Vacation of office of member of

3. Removal of member of youth council or youth committee

4. Filling of vacancies on councils and committees

5. Meetings of Council

6. Meetings of youth councils

7. Minutes of meetings of youth council

8. Meetings of youth committee

9. Minutes of meetings of youth committee

10. Service of documents