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Thursday, 28 October 2010 09:03

 

THE NATIONAL YOUTH COUNCIL ACT, 2009

(KENYA GAZETTE SUPPLEMENT NO. 88 (ACTS NO. 10)

THE NATIONAL YOUTH COUNCIL (ELECTIONS GUIDELINES) 2010

ARRANGEMENT OF GUIDELINES

PART I – PRELIMINARY

 

Regulation

1- Citation

2- Interpretation

 

PART II - ELECTION SUPERVISORY COMMITTEES

 

3- National Election supervisory committee

4- Other Election Supervisory Committees

5- Functions of election supervisory committees at different

levels

6- Ministerial Coordinating Committee

7- The Secretariat

 

PART III– ELECTION REGISTER

8- Registration of Youth

 

PART IV – ELECTIONS

9- Nomination of candidates

10- Sub-location level

11- Location level

12- Division level

13- District level

14- Provincial level

15-Conflict of interest

16- Nominations by the National Youth Congress

 

 

 

PART V - VOTING

17- Voting Centres

18- Voting and counting of votes

19- Voter Assistance

20- Filing returns

21- Issuance of certificates

22- Nullification of results

23- Election agents and observers

 

PART VI – QUALIFICATION OF CANDIDATES

 

24- Sub-location level

25- Location level

26- Division level

27- District level

28- Provincial level

 

PART VII – ELECTION IRREGULARITIES

 

29- Election irregularities

 

PART VIII – MISCELLANEOUS

 

 

 

 

 

 


 

NATIONAL YOUTH COUNCIL ACT, 2009

(KENYA GAZETTE SUPPLEMENT NO. 88 (ACTS NO. 10)

 

IN EXERCISE of the powers conferred by section 5 (g) and (h) of the National Youth Council Act, 2009 the Minister for Youth Affairs and Sports makes the following guidelines: -

THE NATIONAL YOUTH COUNCIL (ELECTIONS GUIDELINES) 2010

 

PART I – PRELIMINARY

 

1. These Guidelines may be cited as the National Youth Council

(Elections Guidelines) 2010 and shall come into force on such date as the Minister may prescribe in the gazette.

 

2. In these Guidelines unless the context otherwise requires-

“CBO” means Community Based Organisation

“Election” means any election held in accordance to the provisions of these guidelines

“Election Supervisory Committee” means a committee overseeing National Youth Council Election at various levels.

“FBO” means Faith Based Organisation

“Minister” means the minister for the time being in charge of youth affairs.

“NGO” means Non- Governmental Organization

“NYC” means National Youth Council

“National Youth Congress” means National Youth Congress as established in Part IV herein.

“Youth” means a person aged between eighteen and thirty five years.

“Youth Group” A registered group whose leadership and membership comprise with the definition of the youth per the Act.

 

PART II – ELECTION SUPERVISORY COMMITTEES

3. There shall be election committee to be known as the National

Election Supervisory Committee which shall comprise of:-

(a)            the Permanent Secretary in the Ministry for the time being responsible for youth affairs who shall be the chairperson.

(b)            a representative from Interim Independent Electoral Commission.

(c)             the chairperson Kenya Human Right Commission or his/her representative appointed in writing.

(d)            the Attorney General or his/her representative appointed in writing.

(e)            the Director of National Youth Service or his/her representative appointed in writing.

(f)              a representative from the National Cohesion and Integration Commission.

(g)            the Permanent Secretary in the Ministry for the time being responsible for Internal Security and Provincial Administration or his/her representative  appointed in writing.

(h)            the Permanent Secretary in the Ministry for the time being responsible for Finance or his/her representative appointed in writing.

(i)               the Permanent Secretary in the Ministry for the time being responsible for Gender Children and Social Development his/her representative appointed in writing.

(j)              the Permanent Secretary, Office of the Prime Minister or his/her representative appointed in writing.

(k)             two nominees by the Minister for the time being responsible for Youth Affairs.

 

 

4. The election supervisory committees in other levels, that is, Sub-Location, Location, Division, District and Province shall comprise of 5 members-

(a)            The respective Ministry of Youth Affairs and Sports officer at a given level or his/her representative in writing.

(b)            Officers from the Ministry of Gender, Children and Social Development at all levels

(c)             Three persons from Faith Based organisation/Non- Governmental organisations/Civil society/ Youth serving organisations

5. Functions of the Election Supervisory Committees at the

different levels.

(a)    To verify the register.

(b)    To authenticate the candidates.

(c)    To oversee the elections.

(d)            To secure the ballots and ballot boxes.

(e)            To identify the convenient voting venue.

(f)              To supervise the polling and counting of votes.

(g)            To ensure security.

(h)            To issue certificates to the elected officials at each level.

(i)               To ensure that the election rules are adhered to.

(j)              To recruit and train officers to assist during elections.

 

 

 

 

6. There shall be a Ministerial Coordinating Committee at the headquarters comprising of a team of officers appointed by the Permanent Secretary chaired by the Chief Economist or the Director of Youth Development.

 

7. There shall be a secretariat based at Uchumi House 13th floor to foresee day to day running of the affairs of the National Youth Council.

 

PART III - ELECTION REGISTER

8. (1) All youths in a sub-location interested in participating in National Youth Council election will be required to register with the Youth Officer within a stipulated period.

(2)The election register will be closed two months before the election date.

(3) The area Youth Officers shall compile a comprehensive list of all registered youths by sub-location. The list shall comprise of the name of the youth, his Identity Card number and age.

(4) At the point of registration the Youth Officer should ensure that a member does not appear in the register more than once.

 

PART IV– ELECTIONS

 

9. (1) Any youth intending to contest any position at sub-location level will have to be nominated by at least fifty registered youths.

 

(2) Each nominating group shall present two names of either gender and/or a person with disability for election at the sub-location level.
(3) There shall be six elected youth leaders at each level.

(4) Not more than two thirds of these elected youth shall be of the same gender.

10.Sub-location level

(1)    Any candidate interested in vying for any position shall

declare their candidature.

(2)            The youth will be required to elect six leaders.

(3)            Not more than two thirds of these elected youths shall be of the same gender.

(4)            These six youth leaders elected shall be voters at the next

level.

11. Location level

(1)  Voters at this level shall comprise six elected Youth Leaders from each of the sub locations within that location.

(2)     A candidate at the location level must be proposed by at least five elected youth leaders from the sublocational level.

(3)    Not more than two thirds of these elected youths shall be of the same gender.

(4)    The six youth leaders elected shall be voters at the next

Level.

 

12. Division level

(1)    Voters at this level shall comprise six elected Youth

Leaders from each of the locations within that Division.

(2)      A candidate at the Division level must be proposed by at

least five elected youth leaders from the locational level.

(3)    Not more than two thirds of these elected youths shall be of the same gender

(4)The six youth leaders elected shall be voters at the next

level.

 

13. District level

(1)    Voters at this level shall comprise six elected Youth

Leaders from each of the divisions within that District.

(2)   A candidate at the District level must be proposed by at

least five elected youth leaders from the divisional level.

(3)    There will be two ballot boxes one for the Provincial level

and the other for the National Youth Congress.

4)  Three of the youth leaders elected shall go to the Nation

Youth Congress, while three others will proceed to the          Provincial level

(5)            One person elected in each group shall be of either gender and/or a person with disability.

 

14. Provincial level

(1) Voters at this level shall comprise 3 elected Youth Leaders

from each of the districts within that province.

(2) A candidate at the provincial level must be proposed by at

least five elected youth leaders from the district level

(3) The youth leaders at the Provincial level shall elect one youth leader from each province whose name will be forwarded to the Minister for appointment.


 

15. “Conflict of interest”, no candidate shall be eligible for election if such a person has participated in the civic education training as a trainer of the National Youth Council election or is an officer participating in the national youth council election operationalization exercise.

 

16. (1) There shall be a National Youth Congress to be held by the Ministry of Youth Affairs and Sports.

 

(2) The Nation Youth Congress shall consist of three youth leaders from the District whom one must be of either gender and/or a person with disability.

 

(3) This congress shall be held to nominate 8 youths in the manner set out in sub-section (4) herein below. The names of the eight youths nominated in that manner shall be forwarded to the Minister of Youth Affairs and Sports for appointment to the National Youth Council.

 

(4) During the nomination of the 8 youths in the National

Youth Congress, at least three shall be of the female gender and one shall be a youth with disability in accordance with Section 5 (1) (h) of the Act.

(a)    All districts shall send three youth leaders to the

National Youth Congress who shall be voters

(b)            All provinces shall send their elected leaders to the National Youth Congress.

(c)             The National Election supervisory Committee shall supervise the elections.

(d)            The Minister shall then appoint the eight by notice in the Gazette.

 

(5) Not more than two nominated leaders should be from the same province.

PART V – VOTING

17. (1) The election voting centres shall be identified by the

Election Supervisory Committees.

 

(1)            A Regional list of all identified voting centres shall be

displayed at public offices and markets within the election areas.

 

18. (1) The voting and counting of votes shall be conducted

between 8.00am to 5.00 pm.

 

(2) Voting at each level shall be a one day exercise countrywide:

(a)            All sub-location elections shall be conducted within one day.

(b)             All location elections shall be conducted one week after the sub-location elections,

(c)            All division elections shall be conducted one week after the location elections,

(d)            All district elections shall be conducted  one week after the division elections,

(e)            All provincial elections shall be conducted one week after the district elections,

(f)            The National Youth Congress will be held two weeks after the provincial elections.

 

(2)            Voting shall be by secret ballot.

 

(3)            The ballots to be used for voting shall be made of

a square ruled paper measuring approximately 10cm by 10cm.

 

(4)            All ballot papers must be stamped by the respective

Youth Officer.

(5)            The voting centre must be indicated in the ballot paper.

 

(6)            The ballot boxes must be sealed.

 

(7)      The ballot boxes must not be opened before the

end of the voting exercise.

 

(8)            At the end of the voting exercise all participating

candidates are free to inspect the ballot boxes, to ensure

that they have not been tampered with.

 

(9)            At least three candidates will be expected to confirm by

way of signing a ballot security form.

 

(10)       Counting of the votes will be done by the respective

Election Supervisory Committee in the presence of the

candidates at each voting centre.

 

19. Appointed election official shall assist in voting exercise

in cases where the voter cannot read and write.

 

20. (1) The results shall be recorded in prescribed forms for the

exercise. (NYC form1, NYC form 2, NYC form3, NYC form4

and NYC form 5).

 

(2) The forms shall be authenticated by two Election

Supervisory Committee by signatures and stamp.

 

21.(1) The Election Supervisory Committee shall issue certificate

to the elected youth leaders at each level.

 

(2)The Election Supervisory Committee shall hand over the

results forms to the officer in charge from the Ministry of Youth affairs and Sports appointed for the purpose of this exercise.

 

22. Any irregularities will lead to disqualification of a candidate

or nullification of the results of a centre.

23. (1) every candidate may have an agent during the election process.

 

(2) The election observers in this exercise shall apply to the National Steering Committee for accreditation. The public will be notified through the media by the Ministry.

 

PART VI - QUALIFICATIONS OF THE CANDIDATES.

24. A candidate shall be eligible for election at the sub-location level

if they possess the following qualifications-

a)    Be a Kenyan citizen;

b)    Be of age 18- 35 ;

c)     Be a holder of a KCPE certificate or  above;

d)    Recommendation on good conduct by the area Chief/Assistant-Chief/Religious Leader/the Police

 

25. A candidate shall be eligible for election at the location level if they possess the following qualifications-

a)    Be a Kenyan citizen;

b)    Be of age 18- 35years ;

c)     Be a holder of a KCPE Certificate or  above;

d)    Recommendation on good conduct by the area Chief/Assistant-Chief/Religious  Leader/ the Police

 

26. A candidate shall be eligible for election at the division level if they possess the following qualifications-

a)    Be a Kenyan citizen;

b)    Be of age 18- 35years ;

c)     Be a holder of a KCSE Certificate or  above;

d)    Recommendation on good conduct by the area Chief/Sub-Chief/Religious  Leader/ the Police

 

 

 

 

27. A candidate shall be eligible for election at the District level if

they possess the following qualifications-

a)    Be a Kenyan citizen;

b)    Be of age 18- 35years ;

c)     Be a holder of a KCSE Certificate or  above;

d)    Recommendation on good conduct by the area Chief/Sub-Chief/Religious Leader/the Police

e)    Candidates must be regular residents of the district;

 

28. A candidate shall be eligible for election at the Provincial level if they possess the following qualifications-

a)    Be a Kenyan citizen;

b)    Be of age 18- 35years ;

c)     Preferably an undergraduate degree holder from a recognized institution;

d)    Certificate of good conduct;

 

PART VII - VOTING IRREGULARITIES.

 

29. (1)The Election supervision committee will handle the election grievances and if a committee fails to handle a problem at a particular level then it will be handled by the committee at the next level on rank. The final appeal lies with the National Election Supervisory Committee whose decision shall be final.

 

(2) The election irregularities include: -

(a)  The use of ballots other than the prescribed ballots.

(b)  When the voting centre is not among the published.

(c)  Voting outside the specified period and time.

(d)            Writing more than one name on a ballot.(spoiled vote)

(e)            Coercion and intimidation, use of force.

(f)              Non compliance of conditions 10-17 under voting (VI).

(g)            Misrepresentation

(h)            Corruption

 

(3) The election offences in this case shall apply in the same manner and to the same extent as those set out in the Election Offences Act, Chapter 66 Laws of Kenya.


 

PART VIII – MISCELLANEOUS

 

30.  The purpose of these guidelines is to prescribe the manner of electing the youth representative to the National Youth Council.

 

31. The extent and scope of the elections of the National Youth Council shall be in accordance with schedule six of the new constitution of Kenya.

 

32. The elective positions arising from these elections should not be construed to be neither employment opportunities nor establishment of NYC branches.

 

33. The elected leaders are expected to offer leadership services for the welfare of the youth and the community and promote the spirit of volunteerism in the country.

 

34. The Provincial Administration and Internal Security officer

will assist in sensitization of all stakeholders on the provisions of this Act and organise for security during the entire exercise.

 

35.  The Ministry will seek the services of the Interim independent Electoral Commission of Kenya

 

 

 

 
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