Human Resource Management Professionals (Elections to the Council)Regulations, 2015

Section 1. Citation Section These Regulations may be cited as the Human Resource Management Professionals (Elections to the Council ) Regulations, 2015.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "chairperson" means the chairperson appointed to the Council as a result of an election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") in accordance with the provisions of section 7 (1) (a) of the Act; "Council" has the meaning assigned to it by the Act; "elected member" means a member appointed to the Council as a result of an election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") in accordance with the provisions of section 7 (1) (d) of the Act; "election" means election held under these Regulations for the purpose of electing, the chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") and elected members in accordance with the provisions of section 7 (1) (a) and (d) of the Act; "nomination date" means the date determined by the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") under regulation 5; and "returning officer" means the body appointed under regulation 3 to be in charge of election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") of the chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") and new members to the Council .

Section 10. Counting of votes and declaration of elected members Section 10(1) The returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall, immediately after the last day fixed for receipt of voting papers, ascertain the validity of the votes cast, examine and count the valid votes cast for each candidate. Section 10(2) The examination, opening and counting of the votes under paragraph (1) shall be done by the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") in the presence of the candidates or their duly nominated or appointed agents of whom seven days notice shall be issued to their last known address but the absence of a candidate or his agent to whom due notice has been given shall not in any way prevent the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") from proceeding with the examination, opening and counting of the votes. Section 10(3) In each of the categories for which the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") is held the candidates having the greatest number of votes shall be declared elected by the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") . Section 10(4) In the event of equality of votes between two or more candidates the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall determine by lot which of the candidates whose votes are equal shall be declared elected.

Section 11. Determination byreturning officer Section Any question arising with regard to the validity of a nomination or voting paper shall be determined by the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") .

Section 12. Written notice ofelectionresults Section The returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall forthwith deliver to every candidate a written notice of the result of the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") and shall deliver to the Council for onward transmission to the Cabinet Secretary, a list of candidates certified by it to have been elected showing the number of votes cast for each candidate.

Section 13. Validity ofelection Section 13(1) Any candidate unsuccessful at the poll may either personally or by his agent appointed in writing, notify the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") within fourteen days after the declaration of the result of the elections that he contests the validity of that part of the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") in respect of which he was unsuccessful on the ground of non-compliance with the provisions of these Regulations, or of misdescription or miscount, or of the non-delivery or loss of any document. Section 13(2) If after consideration of the contention disclosed in the notice, the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") is satisfied in respect of that part that the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") was conducted substantially in accordance with the provisions of these Regulations and that any non-compliance, misdescription, miscount, non-delivery or loss, did not affect the result of that part of the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") , it may, within fourteen days of receiving the notice, so certify and in that event it shall forward a copy of its certificate to the unsuccessful candidate, who may, within seven days of receiving that copy, appeal to the Cabinet Secretary. Section 13(3) Where the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") does not so certify, it shall, not later than the fifteenth day after receiving the notice forward a copy thereof to the Cabinet Secretary together with such comments as it thinks fit. Section 13(4) The Cabinet Secretary shall consider any appeal made under paragraph (2) or any notice received under paragraph (3) and his decision as to whether the result of the relevant part of the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") was so affected shall be, final.

Section 14. Appointment ofchairpersonand elected members Section 14(1) Upon receipt of the names under regulation 12, the Cabinet Secretary shall, by notice in the Gazette, appoint the persons elected as chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") and members of the Council . Section 14(2)(a) is qualified in accordance with the Act; Section 14(2)(b) Kenya Revenue Authority; Section 14(2)(b)(i) Kenya Revenue Authority; Section 14(2)(b)(ii) Higher Education Loans Board (HELB); Section 14(2)(b)(iii) Criminal Investigations Department; Section 14(2)(b)(iv) Credit Reference Bureau; and Section 14(2)(b)(v) Ethics and Anti-Corruption Commission; and Section 14(2)(c) otherwise satisfies the requirements of Chapter Six of the Constitution.

Section 3. Appointment ofreturning officer Section 3(1) The Council shall, within two months upon a vacancy arising in the Council or at least four months before the date on which elected members cease to hold office, appoint an independent body to be the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") for the purpose of election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") of chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") and members under section 7 (1) (a) and (d) of the Act. Section 3(2) Subject to these Regulations, the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall be responsible for the conduct of the elections.

Section 4. Qualification forelection Section 4(1) In order to be eligible for election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") or to be entitled to nominate for or take part in the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") , a person must have the requisite qualifications on the date to be fixed by the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") as the last day on which nomination papers shall be received. Section 4(2)(a) be a registered Member or Fellow of the Institute; and Section 4(2)(b) have at least fifteen (15) years human resource working experience, ten (10) years of which must have been at senior management level. Section 4(3)(a) is a registered Member of the Institute; and Section 4(3)(b) has at least ten (10) years human resource working experience, five (5) of which must have been at senior management level. Section 4(4)(a) is a member of Parliament or County Assembly; Section 4(4)(b) is an official of a governing body of a political party; Section 4(4)(c) has at any time within the preceding five (5) years, held or stood for elections as a member of Parliament, Governor or County assembly; Section 4(4)(d) is an undischarged bankrupt; Section 4(4)(e) has been convicted of a felony; or Section 4(4)(f) has been removed from office for contravening the provisions of the Constitution or any other written law. Section 4(5) Associate members shall be entitled to vote but shall not be eligible to contest for either the position of chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") or Council member. Section 4(6) Honorary Fellows of the Institute shall not be eligible to participate or vote in the elections.

Section 5. Publication of notice ofelection Section The returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall fix the last date on which nomination papers shall be received and at least twenty-one days before the date so fixed he shall cause notice of the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") to be published in the Gazette and at least two newspapers circulating in Kenya, which notice shall be as nearly as may be in Form A set out in the Schedule to these Regulations.

Section 6. Nomination of candidates Section 6(1) Each candidate for election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") as a chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") shall be nominated on a separate nomination paper signed by a nominee, a proposer, a seconder and endorsed by thirteen other members of the Institute, all of whom must have paid the requisite subscriptions for the current year and qualified for nominating the candidate. Section 6(2) Each nomination form for election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") of a member to the Council shall be signed by a nominee, a proposer, a seconder and endorsed by eight other human resource professionals, all of whom must have paid their subscriptions for the current year to the Council .

Section 7. Nomination papers Section 7(1) Forms of nomination papers may be obtained either from the Institute's offices, or downloaded online on the Institute's website (www.ihrm.or.ke) or by making a written request at the address referred to in paragraph (3), and in making the application it should be clearly stated for what part of the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") the nomination form or forms are required. Section 7(2) Every nomination paper shall contain the name, address and registered qualification, and other requisite qualifications, of any of the candidates nominated as set out in Form B in the Schedule to these Regulations and the address and registered qualifications of each of the persons nominating the candidates and shall be as nearly as may be in Form C set out in the Schedule. Section 7(3)(a) accompanied by the declaration in writing in Part II of Form C set out in the Schedule signed by the person nominated acknowledging that he consents to be nominated; Section 7(3)(b) twenty thousand shillings banker's cheque in favour of the Institute for the post of chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") ; and Section 7(3)(b)(i) twenty thousand shillings banker's cheque in favour of the Institute for the post of chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") ; and Section 7(3)(b)(ii) ten thousand shillings banker's cheque in favour of the Institute for the post of elected member ("a member appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (d) of the Act;") ; Section 7(3)(c) addressed to the Returning Officer, C/O The Institute of Human Resource Management, P.O. Box 6132-00300, Nairobi, and delivered to it before the hour of 4 p.m. on the last day fixed by the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") for the receipt of nomination papers. Section 7(4) Any nomination paper which is not received at the address referred to in paragraph (3) before the hour and day specified in that paragraph shall be invalid. Section 7(5) A candidate may only contest only one position, either of chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") or of Council member.

Section 8. List of nominated candidates Section 8(1) As soon as possible after the time fixed for the receipt of nomination papers has expired, the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall publish at the offices of the Council a list of the duly nominated candidates and shall on the same day send a copy of that list by registered post to each of the candidates. Section 8(2) If the Returning Officer declines the nomination of a candidate, it shall as soon as practicable notify that candidate, in writing, giving reasons for the rejection.

Section 9. Conduct of theelection Section 9(1) The election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") of chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") and elected members of the Council shall be conducted online and in accordance with the provisions of this regulation. Section 9(2) If the number of duly nominated candidates in respect of chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") and elected members does not exceed the number to be elected in that category the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall forthwith declare those candidates to be elected. Section 9(3) If the number of duly nominated candidates in respect of chairperson ("the chairperson appointed to the Council as a result of an election in accordance with the provisions of section 7 (1) (a) of the Act;") and elected members exceeds the number to be elected in that category the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall as soon as possible prepare voting papers to be forwarded electronically to every member whose subscription for the current year shall have been paid which voting paper shall be as nearly as may be in the Form D set out in the Schedule. Section 9(4) The voting papers shall contain the names, addresses and registered qualifications of all candidates who have been duly nominated and shall state the last day on which voting papers may be received and the place to which they are to be returned. Section 9(5) If no nomination papers are received on the appointed day the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") may extend the date for returning the nomination papers by fourteen days. Section 9(6) The returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") shall, at least twenty-one days before the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") date, cause a voting paper to be forwarded electronically to each person qualified to vote in the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") . Section 9(7) No vote shall not be cast or accepted as valid except on the voting papers provided by the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") . Section 9(8) Each person qualified to vote in the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") shall mark the voting paper delivered to him with the symbol X against the names of the nominated candidate or nominated candidates for whom he votes and shall electronically send it to the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") at the address specified by the Institute. Section 9(9)(a) three (3) members to represent Nairobi, Central and North Eastern Regions; Section 9(9)(b) one (1) member to represent the Coast and Eastern regions; Section 9(9)(c) one (1) member to represent Rift Valley region; and Section 9(9)(d) one (1) member to represent Western and Nyanza regions. Section 9(9)(2) A member vying for the position of a Council member must have worked in the specified region or regions, for at least one (1) year to enable him articulate issues for the respective region or regions.

Section 17. Election offences Section 17(1)(a) commits the offence of personation, treating, undue influence or bribery as defined in the Elections Act, 2011 ( No. 24 of 2011 ); Section 17(1)(b) makes or publishes, before or during any election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") , for the purpose of promoting or procuring the election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") of any candidate, any false statement of withdrawal of any other candidate at such election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") ; Section 17(1)(c) forges, defaces or destroys any nomination paper, or delivers to the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") any nomination paper knowing it to be forged; Section 17(1)(d) interferes with the voting paper by removing, destroying, concealing or mutilating or assists in the removal, destruction, concealment or mutilation of any such material; Section 17(1)(e) obstructs or hinders the returning officer ("the body appointed under regulation 3 to be in charge of election of the chairperson and new members to the Council") , candidate or agent in the execution of their lawful duties; Section 17(1)(f) makes a false statement or furnishes false particulars in any statement which is required under these Regulations knowing the statement or particulars to be false or without reasonable grounds for believing the same to be true; Section 17(1)(g) forges, counterfeits, defaces or destroys any voting paper or the official perforation, stamp or mark on any voting paper or any campaign or promotional material of an opposing candidate; Section 17(1)(h) without authority destroys, takes, opens, disposes of or otherwise interferes with any election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") material in use or intended to be used for the purposes of an election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") ; Section 17(1)(i) votes at any election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") when he is not entitled to vote; or Section 17(1)(j) votes more than once in any election ("election held under these Regulations for the purpose of electing, the chairperson and elected members in accordance with the provisions of(1) (a) and (d) of the Act;") , Section 17(2) Any person who commits an offence under paragraph (1) shall be liable to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.