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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.
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.
4.
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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.
Register of
members
6.
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.
8.
Annual Youth
Congress
Conference
9.
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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.
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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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Establishment
of the Youth
Congress
Board
14.
(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.
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;
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exploitation;
(i) collect, research and analysis of data on youth issues;
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.
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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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.
Endowment
fund
23.
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.
Financial year
27.
The financial year of the Congress shall be the financial year of the
County Government.
Annual
estimates
28.
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.
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.
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a members
misconduct
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.
Congress
headquarters
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SCHEDULE I
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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
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.