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THE KIAMBU COUNTY YOUTH CONGRESS BILL, 2016


ARRANGEMENT OF CLAUSES
Clauses
PART I PRELIMINARY
1. Short title
2. Interpretation
3. Principles & values
PART II ESTABLISHMENT OF THE KIAMBU COUNTY YOUTH CONGRESS
4.
5.
6.
7.

Establishment of the Kiambu County Youth Congress


Members of the Congress
Register of members
Rights and privileges of members

PART III ADMINISTRATION OF THE CONGRESS


8. Organization of the Congress
9. Annual Youth Congress Conference
10.Ward Youth Forums
11.Governors awards and other benefits
12.Youth Patriotism Ambassador
13.Establishment of the Youth Congress Board
14.Allowances of members of the Board
15.Vacancy of the Office of a Board member
16.Functions of the Board
17.Protection of the Congress from Liability
18.Secretary to the Congress
19.Other members of staff of the Congress
PART III FINANCIAL PROVISIONS
20.Sources of funds
21.Congress Bank Account
22.Endowment Funds
23.Signatories of the Congress Bank Accounts
24.Utilization of Funds
25.Utilization of Funds in the event of winding up of Congress
26.Financial year

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27.Annual estimates
28.Financial statements and audits
PART IV MISCELLENEOUS PROVISIONS
29.Regulations
30.Lodging a complaint on a members misconduct
31.Appeals
32.Participation in politics
33.Common seal
34.headquarters

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THE KIAMBU COUNTY YOUTH CONGRESS BILL, 2016
A Bill for
AN ACT of the County Assembly of Kiambu to provide for the establishment of a forum for
the Youth within the County to participate in governance, community services and
empowerment programmes; and for connected purposes.
ENACTED by the County Assembly of Kiambu as follows
PART I PRELIMINARY
Short title

1.

Interpretation

2.

This Act may be cited as the Kiambu County Youth Congress Act,
2016.
In this Act, unless the context otherwise requires
appropriation means funds appropriated by the County Assembly
for the purposes of this Congress;
Congress means the Kiambu Youth Congress established under
Section 3 of this Act;
County means the Kiambu County;
County Government means the County Government of Kiambu;
County Assembly means the County Assembly of Kiambu;
County Executive Committee means the County Executive
Committee of the County Government;
Executive Committee Member means the County Executive
Committee Member responsible for Youth Affairs;
Interim Board means the first Board appointed immediately after
enactment of this Act whose term shall not exceed three years.
Transiting member means a person who having been a member of
the Congress has attained the age of above thirty five years but is
below the age of forty years.

Member means a member of the Kiambu County Youth Congress.


Secretary means the Secretary to the Board and the Congress
accounting officer appointed in accordance with section 10;
Youth means any Kenyan residing within the County whose age is
between sixteen and thirty five years.
Principles and
values

3.

The Congress shall be guided by the following principles(a) inclusivity and non- discrimination except on the basis of age;
(b) promotion of the interests of marginalized and minority
persons;
(c) good governance, inclusive participation and democratic
decision making;
(d) respect for the Constitution and the rule of law;
(e) promotion of peace, integration, cohesion, tolerance and
patriotism;
(f) transparency and accountability in the use of public
resources;
(g) protection of human life and dignity;
(h) protection of the environment and natural habitats;
(i) volunteerism and community service, social justice and
responsibility for social development; and
(j) public decency, courtesy and good public order.

PART II ESTABLISHMENT OF THE KIAMBU COUNTY YOUTH


CONGRESS
Establishment
of the Kiambu
County Youth
Congress

4.

(1) There is established the Kiambu County Youth Congress which


shall be a body corporate with perpetual succession and a common
seal.
(2) The Congress shall be capable in its corporate name of(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring, holding, charging or
disposing of movable and immovable property;
(c) borrowing money; and
(d)doing or performing all such other things or acts necessary for the
proper performance of its functions under Act, that may lawfully

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be done by a corporate body.
(3)
(a)
(b)
(c)
(d)
Members of
the Congress

5.

The Congress shall be a forum through which its members participates in community service and volunteer programmes;
undertakes youth empowerment and mentorship programmes;
engages in personal or group development programmes; and
promote patriotism among the youth.

(1) The Congress shall comprise of youths who have subscribed to


Congress membership in accordance with the regulations set out
under this Act.
(2) Every member of the Congress shall be bound by the code of
conduct prescribed in the Second Schedule.
(3) The Board may, in accordance with the regulations set out under
this Act, expel from membership any member of the Congress who
contravenes any provision of the code of conduct.
(4)Organization, associations, institutions or other corporate entities
shall not be admitted into the membership of the Congress.

Register of
members

6.

(1) The Secretary shall maintain a register of members which shall be


available for inspection by the members of the public during normal
office hours.
(2) The register of members shall, in addition to other details,
contain(a) the full names of members and where applicable, the national
identity card number;
(b) date when a person joined the membership;
(c) the date when a member exits membership;
(d) the reasons for exiting the membership;
(e) any award given to the member; and
(f) Any other information that the Board may deem appropriate.

Rights and
privileges of
Members

7.

(1) The members of the congress may(a) attend and vote during Congress meetings;
(b) volunteer and participate in the Congress activities;
(c) be appointed to any committee of the Congress or to the
Board; and
(d) enjoy a first priority of all procurements of the Congress.

(2) A transiting member of the Congress may attend and participate


at the meeting of the congress but shall have no voting rights.
(3) A member of the Congress, except a member of the Board or a
Committee of the Board, shall not be barred from trading with the
Congress by reason of his or her membership.

PART III- ADMINISTRATION OF THE CONGRESS


Organization
of the
Congress

8.

Annual Youth
Congress
Conference

9.

(4) The Congress shall be organized into(a)


(b)
(c)
(d)
(e)
(f)

Annual Youth Congress Conference;


Ward Youth Forum;
the Talents Development Programme
The Youth Patriotism Ambassador;
the Board; and
the Secretariat.

(1) The Congress shall hold an Annual Youth Congress Conference


whose agenda shall include;
(a) receiving annual reports outlining activities undertaken by
the members and the impact the activities have made to the
Community;
(b) recommending to the Board an annual work plan for the
following year;
(c) proposing to the Board projects and programmes of interest
to the youth;
(d) proposing policies and legislation that will promote youth
activities, empowerment and development programmes; and
(e) receiving an annual statement of audited accounts of its
funds.
(2) The presiding officials during the Annual Youth Congress
Conference shall be-

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(a) The Board Chairperson as the presiding chair;
(b) The holder of the honour of the knights as the coordinator;
(c) The ward youth coordinators as the facilitators.
(3) The Governor and the Members of the County Assembly may
attend and address the Annual Youth Congress Conference.
(4) The Board shall publish the Annual Youth Congress Conference
report.
Ward youth
forums

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(1) The Board shall establish a ward youth forum in each ward
comprising of the youth within the ward which shall be a
volunteering network for the youth in the ward.
(2) Every ward youth forum shall nominate a coordinator who
shall be responsible to the Board for(a) coordinating the volunteer and community service
programmes within the ward;
(b) recording members participation;
(c) identifying programmes relevant to the community;
(d) mobilizing the youth; and
(e) organizing ward youth meetings.
(3) The Member of the County Assembly shall be the Patron of the
Youth Ward Forum in their respective ward.
(4) The youth ward coordinator shall at least once a year submit
a report of the ward youth forum activities to the Board.
(5) The Board shall facilitate the approved ward youth forum
activities in accordance with the approved budget.

Governors
awards and
other benefits

11.

(1) The Governor may recognize exemplary community or volunteer


services of a member by awarding any of the following annual
awards(a) fellows award; or
(b) honor of the knights.
(3) The Executive Committee Member shall by regulations set out(a) other awards;
(b) criteria to qualify for any award; and

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(c) the privileges and conditions accompanying an award.
Youth
patriotism
ambassador.

12.

(1) The holder of the Honor of the Knights award shall be the
Youth Patriotism Ambassador for the year within the County
and as such, shall be responsible for(a) promoting volunteerism spirit and community service
among the youth;
(b) promote mentorship and coaching programmes; and
(c) championing the social responsibility programme of the
congress.
(2) The Board shall facilitated the approved work programme of
the holder of the honor of the knights in accordance with its
approved budget.
(3) The Executive Committee Member shall by regulations set out
the allowance or remuneration payable to the Youth patriotism
ambassador during their active role.
(4) A holder of the honor knight may lose their right to an
allowance or remuneration if they do not meet their targets a
per the approved work programme.

The Talents
Development
Programme

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(1) The Board shall establish a Talents Development Porgramme


comprising of sporting activities, performing arts and creative
arts with the objective of(a) Identifying and nurturing talents in the young people;
(b) Building capacity through continuous training and
participation in county, regional, national and international
levels; and
(c) Exploring economic opportunities for youth in talents
development.
(2) The Executive Committee Member may establish talents
development centers and playgrounds within the decentralized
units of the County as shall be necessary for better
implementation of this section.
(3) The Board may, with the approval of the Executive Committee
Member, recruit coaches, trainers and such other experts in
talents development as shall be necessary for better
implementation of this section.

Establishment
of the Youth
Congress
Board

14.

(1) There is established a Youth Congress Board consist of


(a) a Chairman appointed by the Governor;
(b) the following persons competitively appointed by the Executive
Committee Member(i)
one youth representative for every sub-county;
(ii)
the Director responsible for youth affairs within the
County;
(iii)
not more than four persons who hold academic
qualifications and at least three years experience
relevant to youth affairs.
(2) The members of the Board other than the ex-officio member shall
hold office for a period of three years which term shall not be
renewed.

(3) A person shall not be appointed under (1) (b)(i) unless the
person(a) Is a member of the Congress;
(b) holds at least secondary level education certificate;
(c) is between the age of eighteen to thirty five years;
(d) is a resident of the respective sub-County; and
(e) satisfies the requirements of Chapter Six of the
Constitution.
(4) The provisions of sub sections (3) (a) and (c) shall not apply in
the appointment of the Interim Board.
(5) The Chairman may resign his or her appointment by a letter
addressed to the Governor.
(6)A member of the Board may resign his or her appointment by a
letter addressed to the Executive Committee Member.
(7) The conduct of the affairs of the Board shall be as prescribed
in the First Schedule.
Allowances of
the Members
of Board

15.

Members of the Board may be paid a sitting allowance and such


other remuneration as the County Executive Committee may from
time to time approve.

Vacancy of a

16.

(1) The office of a Board member may become vacant if the member-

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(a) violates the provisions of the Constitution or any other law;
(b) is guilty of gross misconduct, whether in the performance of
the members function or in undertaking private business;
(c) becomes physically or mentally incapable of performing the
function of office;
(d) is incompetent or neglects duty;
(e) fails, neglects or is incapable of promoting the objects of this
Act;
(f) attains the age above forty years;
(g) resigns to seek an elective post;
(h) violates the code of conduct of the Congress; or
(i) resigns in accordance with this Act.

Board
Member

Functions of
the Board

17.

(1) The Board shall(a) promote, organize, coordinate and in other manner launch
initiatives, youth assemblies, forums, training and activities
which will facilitate the empowerment, development and better
participation of the youth in community and volunteer services;
(b) receive and approve applications to join the Congress
membership;
(c) liaise, collaborate or partner with groups, youth focused
community based organizations, non-governmental
organizations, civil society movements and other organizations in
activities of the Congress;
(d) lobby for policies and legislation on issues affecting the youth;

(e) create a liaison between the Congress members and the national
and international organizations with similar objectives or
interests;
(f) promote the members products in the local and global markets;
(g) promote patriotism, volunteerism and unity among the youth;

(h) recommend to the County Executive Member operational


guidelines that protect the youth against manipulation or

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exploitation;
(i) collect, research and analysis of data on youth issues;

(j) communicate the needs, views and inspirations of the youth to


the County Government;
(k) sensitize the Congress members on the financing, employment
and other opportunities that may be available to the youth
within the County Government;
(l) approve a member for the grant of an award under this Act;
(m) initiate income generating activities for the benefit of the
Congress or the Congress members;
(n) approve the expenditure and budgets of the Congress;
(o) evaluate the performance of the secretary in implementation of
the Act and submit a report of performance to the County
Executive Member.
(p) advise the County Executive Member on matters relating to
youth;
(q) attend to complaints and disciplinary matters of the congress
members;
(r) submit an annual work plan, quarterly and annual reports to
the Executive Committee Member; and
(s) perform such other functions incidental to and as may
necessary for better implementation of this Act.
(4) The Board may, in accordance with the regulations set out
herein, delegate any of its function to a committee, a member
of staff, or to an expert as the Board may deem appropriate for
better implementation of this Act except the functions set out
in paragraphs (n), and (r).
Protection of
Congress from

18.

Liability shall not attach to the Members of the Congress, the Board

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Members or to any of its agent for loss or damage sustained by any
person as a result of any act or omission done or made in good faith
and without negligence in the performance or exercise or the
intended performance or exercise of any duty or power imposed or
conferred by or under this Act.

Liability

Secretary to
the Board

19.

(1) The Executive Committee Member shall on the recommendation of


the Board appoint a person as a Secretary to the Board on such
terms and conditions as County Executive Committee shall approve.
(2) No person shall be appointed a Secretary under this Act unless
the person (a) is a Kenyan citizen;
(b) is below thirty five years;
(c) has an academic degree qualification from an institution
recognized in Kenya in either community service, youth
development, finance, law, administration or such other degree
qualification relevant to youth matters; and
(d) has met the requirements of the Constitution.
(3) The Secretary shall be the Secretary and the accounting
officer of the Congress for a period not exceeding five years, or
until he or she attains the age of thirty five years, whichever is
earlier.
(4) The Secretary shall be responsible to the Board for the (a) day to day management of the Congress affairs;
(b) discipline of staff members;
(b) implementation of the Congress budget;
(c) implementation of the Boards resolutions; and
(f) performance of other duties as the Board may, from time to time
assign.

Other
members of
staff of the
Congress

20.

(1) The Board may, with the approval of the Executive Committee
Member employ such members of staff as may be necessary for better
implementation of the Act.
(2) The Executive Committee Member shall on the recommendation of
the Board approve structures and scheme of service for the staff as
shall be appropriate for better management of the human resources.

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PART IV FINANCIAL PROVISIONS


Sources of
funds

21.

(1) The funds of the Congress shall consist of(a) Monies appropriated from the County Revenue Fund by the
County Assembly;
(b) Any grants, gifts, donations, loans or other endowments given
to the Congress;
(c) Interest from the endowment fund and any other account of
the Congress
(d) Membership subscription fees; and
(e) Funds that may vest in or accrue to the Congress in the
Course of implementation of this Act; and
(f) Monies from other lawful sources.

Congress
Bank Account

22.

(1) All monies received by the Congress shall be maintained in a


separate bank account in the name of Kiambu County Youth
Congress opened and administered in accordance with the provisions
of the Public Finance Management Act and any other relevant laws.
(2) The balance funds held in the Congress bank account at the close
of each financial year shall be retained in the Congress account and
used for purposes for which the Congress is established.
(5) The surplus funds declared by the Board at the close of each
financial shall be transferred to the Congress Endowment fund
on or before 31st August in each year.

Endowment
fund

23.

The Congress shall operate an endowment fund in the name of the


Kiambu County Youth Congress Endowment fund into which all the
Congress surplus funds shall be deposited.

Signatories of
Congress
Bank
accounts

24.

The signatories of the Congress bank accounts shall be(a) the Secretary;
(b) the person in charge of finance at the Congress; and
(c) one Board Member designated by the Board.

Utilization of
funds

25.

(1) The funds of the Congress shall not be utilized unless the
expenditure

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(a) is in line with the mandate of the Board;
(b) has been approved by the Board; and
(c) all the provision of law or regulations relating to the
management of public funds have been complied with.
(2) The Board may, in accordance with the provisions of the
Public Finance Management Act, invest the funds of the
Congress as they shall determine.
Utilization of
the funds in
the event of
winding up of
congress

26.

In the event of winding up of the Congress, any funds held in the


Congress accounts shall be transferred to the account designated by
the County Treasury while other assets of the Congress shall be
transferred to the County Government.

Financial year

27.

The financial year of the Congress shall be the financial year of the
County Government.

Annual
estimates

28.

(1) At least three months before the commencement of each


financial year the Secretary shall prepare or cause to be
prepared estimates of the revenue and expenditure of the
Congress for that financial year.
(2) The financial estimates referred to under sub section (1) shallitemize every activity that the Board intends to undertake in
respect of the Congress in the coming financial year under a
separate vote head.
(3) The Congress shall abide by the budget preparation period set
out by the County Government.
(4) Upon approval of the County Government estimates by the
County Assembly, all monies appropriated for purposes of the
Congress shall be paid into Congress account established
under this Act.

Financial
statements
and audits

29.

(1) The Secretary shall cause to be kept such books of accounts and
other books in relation thereto of all its undertakings, funds,
activities and property as the Board may from time to time approve
and shall within a period of three months after the end of the

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financial year, cause to be prepared, signed and forwarded to the
auditor general(a) a financial statement of the Congress; and
(b) such other statements of accounts as the Board may approve.

(3) The accounts of the Congress shall be examined, audited and


reported by the Auditor General in accordance with the Public
Finance Management Act and any other applicable laws.
PART V- MISCELLENEOUS PROVISIONS
Regulations

30.

(1)The County Executive Member may make regulations for the better
carrying out of the provisions of this Act including(a) development and management of income generating activities;
(b) engagement of consultants by the Board;
(c) criteria for selection of members to participate in youth
programmes;
(d) implementation of the Talents Development Programme;
(e) qualifications and privileges for an award;
(f) disciplinary measures applicable to members of the Congress
and the Board;
(g) procedure for winding up of the Congress;
(h) conduct of the Annual Congress Youth Conference;
(i) committees compositions, mandate and remuneration;
(j) assets management; and
(k) any other activity necessary for better implementation of the
Act.
(2)The County Executive Member may set out or amend general rules
of conduct of the Board or the members of Congress as shall be
appropriate.
(3)The provisions of the schedule to this Act are deemed to be
enacted in accordance with this section.

Lodging a
complaint on

31.

(1) Any person may lodge a complaint on a members misconduct


in writing addressed to the Secretary.

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a members
misconduct

(2) A complaint lodged under this Section shall be determined in


accordance with the set out regulations.
(3) The complaint under this section shall be limited to violation
of the code of conduct.
Appeals

32.

Any person aggrieved by the decision of the Board may appeal to the
County Executive Member in accordance with the procedure set out
in the regulations.

Participation
in politics

33.

Common seal

34.

Any member of staff, Board or the Congress who intends to seek an


elective post shall resign in writing at least eight months prior to the
election date.
The Common seal of the Congress shall be kept in the custody of the
Secretary and may only be affixed in the manner prescribed by
regulations.

Congress
headquarters

35

The headquarters of the Congress shall be at the Kiambu or such


other places as may be declared the headquarters of the County
Government.

SCHEDULE I

PROCEDURE FOR THE CONDUCT OF BOARD MEETINGS


1. The Board shall not meet more than four times in a year to transact the Board
business. However, such meetings shall not include the Boards participation in
the Annual Congress Youth Conference and any other meetings with the County
Government necessary for better implementation of this Act.
2. The quorum of the meeting shall be half of the members plus one person.
Where quorum is not achieved, the meeting shall be adjourned for seven days
and a notice of meeting issued immediately. The adjourned meeting shall be

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held within the seven days, or next working day after the lapse of seven days in
the same venue for the same agenda.
3. The Board shall determine its agenda in line with its mandate.
4. All the proceedings of the Board shall be recorded in the Board Minutes. This
includes any meeting of the Board with the County Government and their
participation in the Annual Congress Youth Conference.
5. The Board decisions shall be by simple majority and consensus building. The
Chairman shall have a casting vote.
6. The notice of a Board meeting shall be fourteen days written notice. Documents
for the Board meeting shall be delivered seven days before the date of the
meeting. Where necessitated by an emergency, the Board maybe convened by a
three days written notice, subject to achieving a quorum.
7. The Board shall hold its meetings in the Congress premises or the County
Government premises. Permission must be granted by the County Executive
Member to hold any Board Meeting outside the designated premises. This
limitation does not affect any meeting held by the Board members following a
training session outside the Congress or County Government premises.
8. Board members shall observe general rules of decorum in discussing any item
of the agenda. Any member with a dissenting view from the majority of the
members shall calmly request for the view to be recorded in the minutes, but
shall abide by the Chairmans decisions.
9. All Board Members shall be guided by the rule of collective responsibility in
discharging their mandate.
10. Where the Board has appointed a committee, the chairman of the Committee
may be called upon to present the Committees recommendations. At such
sittings, the Chairman of the Committee shall be in attendance for the specific
item and may be required to leave the meeting upon dispensing with the specific
item.

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SECOND SCHEDULE

KIAMBU COUNTY YOUTH CONGRESS CODE OF CONDUCT


I of Post office Box .. holder
of identity card number (where applicable) (attach a copy) do hereby
confirm that I will abide by the following Code of Conduct:
1. Recognize that the Board is the governing organ of the Congress and shall
respect their leadership and directions.
2. Recognize that the Secretary is the accounting officer of the Board and
Congress secretary and the Congress chief spokesman. I shall not purport to
communicate on behalf of the congress except with the express written
authority of the Secretary.
3. I shall participate in the youth activities organized by the Board voluntarily
and with commitment.
4. I shall conduct myself with order and decorum during youth meetings and
youth activities and in the event I have a different opinion from the majority
of members, I shall put in down in writing and forward it to the Board for
consideration.
5. I shall conduct myself in a manner to be a role model to other members and
the community at large.
6. I shall promote the activities of the Congress within my community.
7. I shall not participate in criminal or activities that may harm my physical
health.
8. I shall respect the laws of the land, promote the rights of Kenyans and keep
peace.

Signed by date

Witnessed by date

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MEMORANDUM OF OBJECT AND REASONS
This Bill is intended to establish the Kiambu County Youth Congress, the vehicle with
which the County will organize and coordinate youth activities, community volunteer
services and youth empowerment programmes. The intention of the Bill is clearly set
out in the preamble.
In Part I of the Bill, preliminary issues of the name and interpretation of terms is
addressed. The part also set out the principles that guide the Youth Congress.
Part II of this Bill establishes the Youth Congress as a body corporate that draws its
membership from the youth within the County. The term youth is defined in the
preliminary part. The part also sets out the functions of the Congress.
Part III set out the administrative structures of the Congress. These include the
Annual Youth Congress Conference, the Ward Youth Forum, the Talents Development
Programme, the Youth Patriotism Ambassador, the Board and the Secretariat. The
structure ensures that there is decentralization and devolution of the youth volunteer
and community services that will be chaperoned by the Members of the County
Assembly. This function, not being entirely the executive function can be undertaken
in collaboration with the Members of the County Assembly without infringing on the
legal requirements.
PART IV addresses the financial provisions. It declares that the financial year and the
accounting standards to be observed by the Congress are the same as those set out for
the County Government. This part gives the Congress the power to operate a bank
account in its name and an endowment account. It identifies the signatories of the
banks accounts. The part also specifies that the funds of the Congress will include the
funds appropriated by the County Assembly, the subscription fees, interests among
others.
Part IV contains the miscellaneous provisions. In this part, the County Executive
Member is given the mandate to set out regulations for better implementation of this
Act. The procedure for lodging a members misconduct is also set out. The Bill in this
part provides that any person who is not satisfied with the decision of the Board may
appeal to the County Executive Member within sixty days from the date such a
decision was communicated. The part also set out the common seal and the
headquarters of the Congress.

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