National Youth Service Act

Section 1. Short title Section This Act may be cited as the National Youth Service Act.

Section 2. Interpretation Section any chattels or goods of any description belonging to the Service which have been issued to members of the Service for the purposes of the Service or are held in store for the purpose of being so issued to members of the Service; or

Section 3. Object of the Act Section The object of this Act is to establish the National Youth Service.

Section 4. Guiding principles Section strive for the highest standards of professionalism and discipline;

Section 5. Establishment of the National Youth Service Section 5(1) There is established a uniformed and disciplined service to be known as the National Youth Service. Section 5(2)(a) have the power to sue and be sued; Section 5(2)(b) acquire, hold and dispose of movable and immovable properties for the purposes of this Act; and Section 5(2)(c) do or perform all such other things or acts for the proper discharge of its functions under the Constitution, this Act or any written law, as may be lawfully done or performed by a body corporate.

Section 6. Determination of the numbers of the Members of the Service Section 6(1) The Service shall consist of such number of officers as shall be determined from time to time by the Council with the approval of the Cabinet Secretary. Section 6(2) The members of the Service shall consist of officers of the ranks specified in the First Schedule. Section 6(3) The Council may from time to time amend the ranks specified in the First Schedule by a notice in the Gazette . Section 6(4) The Service shall establish such branches, operational units, support units and formations as the Council may from time to time, determine.

Section 7. Functions of the Service Section 7(1)(a) undertake paramilitary training of members of the Service; Section 7(1)(b) instill in members of the Service, a tradition of patriotism, loyalty, integrity, duty and service to the nation; Section 7(1)(c) provide vocational training, professional and personal development programmes and activities for members of the Service; Section 7(1)(d) undertake such enterprises and commercial activities pursuant to the provisions of the Fourth Schedule of the Constitution as the Council may from time to time, determine; Section 7(1)(e) collaborate with stakeholders for the furtherance of its functions; Section 7(1)(f) initiate, plan, organize, fund, manage and administer programmes and activities for the development of members of the Service; Section 7(1)(g) develop leadership skills in members of the Service; Section 7(1)(h) develop cross cultural integration among members of the Service; and Section 7(1)(i) perform any other function that may be conferred by this Act or any other written law. Section 7(2) The Service shall co-operate with and assist the Kenya Defence Forces, the National Police Service Commission and other public authoritie...

Section 8. Powers of the Service Section 8(1) The Service shall have the power to do all the things necessary for the performance of its functions under this Act or any other written law. Section 8(2)(a) partner with the public and private sector in the financing, construction, development, operation, or maintenance of infrastructure or development projects of the Service through concession or other contractual arrangements pursuant to the provisions of the Public Private Partnership Act ( Cap. 430 ); Section 8(2)(b) enter into partnership arrangements with public and private bodies as it deems fit with regard to the establishment, implementation, monitoring and financing of training or employment programmes; Section 8(2)(c) receive or administer funds donated or entrusted to the Council by any agency or organization for any purpose relating to the training or employment of persons; Section 8(2)(d) invest any surplus or profit for the performance of its functions; and Section 8(2)(e) undertake any task or enter into any transaction which, in the opinion of the Council, is necessary to ensure the proper performance of its functions.

Section 9. Establishment of the Council of the National Youth Service Section 9(1) There is established the Council of the National Youth Service. Section 9(2)(a) a non-executive Chairperson who shall be appointed by the President; Section 9(2)(b) the Principal Secretary responsible for matters relating to the youth or a representative nominated in writing; Section 9(2)(c) the Principal Secretary responsible for matters relating to finance or a representative nominated in writing; Section 9(2)(d) the Principal Secretary responsible for matters relating to internal security or a representative nominated in writing; Section 9(2)(e) the Attorney-General or a representative nominated in writing; Section 9(2)(f) the Chief of the Kenya Defence Forces or a representative nominated in writing; Section 9(2)(g) five other members to be appointed by the Cabinet Secretary two of whom shall be youth, one of either gender; and Section 9(2)(h) the Director-General who shall be an ex-officio member and Secretary to the Council. Section 9(3)(a) ensure that not more than two-thirds of the members are of the same gender; Section 9(3)(b) observe the principle of regional and ethnic balance; and Sectio...

Section 10. Vacancy of member of the Council Section dies;

Section 11. Committees of the Council Section 11(1) The Council may from time to time establish committees for the better carrying out of its functions. Section 11(2) The Council may co-opt into the membership of committees established under subsection (1) a person whose knowledge and skills are necessary for the functions of the Council. Section 11(3) The Council may by resolution either generally or in any particular case delegate to any Committee of the Council or to any member, officer, employee or agent of the Council the exercise of any of the powers, functions or duties of the Council.

Section 12. Functions of the Council Section 12(1)(a) be responsible for the formulation of policy, control, oversight and supervision of the Service; Section 12(1)(b) receive and act on reports submitted to the Council by the Cabinet Secretary and the Director-General; Section 12(1)(c) monitor implementation of the policies of the Service; Section 12(1)(d) direct and oversee the deployment of the members of the Service as authorised under this Act; Section 12(1)(e) upon application, review penalties imposed on members of the Service after undergoing disciplinary proceedings in accordance with this Act; Section 12(1)(f) receive and consider the budget estimates of the Service; Section 12(1)(g) recruit members of the Service; Section 12(1)(h) promote members of the Service and staff upon recommendation of the Director-General; Section 12(1)(i) develop the criteria for appointments, posting or promotions of senior officers of the Service; Section 12(1)(j) commission research related to the functions of the Service; Section 12(1)(k) advise the President and the Cabinet Secretary on any matter relating to and affecting the Service; Section 12(1)(l) in consultation with the disciplined...

Section 13. Terms and conditions of members of the Service Section 13(1) The Council shall, on the advice of the Salaries and Remuneration Commission, determine the salaries of the members of the Service. Section 13(2) The Council shall, in consultation with the Public Service Commission, determine other terms and conditions of service of members of the Service.

Section 14. Conduct of the business and affairs of the Council Section 14(1) The business and affairs of the Council shall be conducted in accordance with the Second Schedule. Section 14(2) Except as provided for in this Act, the Council shall regulate its own procedure. Section 14(3) The Council may permit any other person to attend its meetings and participate in its deliberations but that person shall not participate in the making of any of its decisions.

Section 15. Protection from liability Section 15(1) No matter or thing done by a member of the Council or by any member of the Service, or staff or agent of the Council, shall, if the matter or thing is done bonafides for executing the functions, powers or duties of the Council under this Act, render the member, officer, employee or agent or any person acting on their directions personally liable to any actions, claim or demand whatsoever. Section 15(2) The provisions of subsection (1) shall not relieve the Council of the liability to pay compensation to any persons for any injury to him, his property or to any of its interest caused by the exercise of any power conferred by this Act, or by the failure, whether wholly or partially, of any works.

Section 16. Appointment of Director-General Section 16(1) There shall be a Director-General of the Service who shall be appointed by the President on recommendation of the Council. Section 16(2)(a) is a Kenyan citizen by birth; Section 16(2)(b) has served at a senior rank in the Service or in any other disciplined service and has not attained retirement age; Section 16(2)(c) has at least ten years post qualification experience, five of which have been at senior management level; Section 16(2)(d) has not been convicted of any criminal offence; Section 16(2)(e) has not been dishonourably discharged from a national security organ; Section 16(2)(f) has not been otherwise dismissed from an office in the public service; and Section 16(2)(g) is not an undischarged bankrupt. Section 16(3) For purposes of this section disciplined service means the Kenya Defence Forces, the National Police Service, the National Intelligence Service, the Kenya Forest Service, the Kenya Prisons Service, the Kenya Wildlife Service, the Kenya Coast Guard Service and the National Government Administration.

Section 17. Functions of the Director-General Section 17(1) The Director-General shall be the Chief Executive and accounting officer of the Service and shall ensure that the resources of the Service are used in a way that is lawful, authorized, effective, efficient, economical and transparent. Section 17(2)(a) subject to the general directions of the Council, be responsible for the day to day administration, control and management of the Service; Section 17(2)(b) advise the Council and the Cabinet Secretary on any military, operational and administrative matters within the competence of the Director-General; Section 17(2)(c) lawfully administer, control and manage the Service as a paramilitary force; Section 17(2)(d) comply with any lawful direction issued by the Council; Section 17(2)(e) implement the Service policy and strategy; Section 17(2)(f) execute commands by issuing lawful orders, directives or instructions to members of the Service; Section 17(2)(g) be responsible for the training, education and deployment of the members of the Service; Section 17(2)(h) prepare and submit to the Council an annual report on the activities undertaken by the Service; Section 17(2)(i) ensure...

Section 18. Director-General may delegate powers or functions Section 18(1) The Director-General may, in writing, delegate the performance of any function or exercise of a power conferred on him or her by this Act or any other written law to a member of the Service. Section 18(2)(a) shall be subject to any conditions the Director-General may impose; Section 18(2)(b) shall not relieve the Director-General of responsibility concerning the exercise of the delegated function or performance of the delegated power; and Section 18(2)(c) may be withdrawn or varied by the Director-General at any time. Section 18(3) The Director-General shall not assign the performance of a function or exercise of a power that is exercisable by an officer of a specific rank, seniority or qualification to an officer who does not hold a rank, seniority or qualification that is not contemplated by this Act or any other written law.

Section 19. Term of office of Director-General Section A person appointed as the Director-General shall serve for a single and non-renewable term of six years.

Section 20. Vacancy in the office of Director-General Section 20(1)(a) dies; Section 20(1)(b) resigns from office in writing to the President; Section 20(1)(c) is convicted of a criminal offence and sentenced to a term of imprisonment; or Section 20(1)(d) violation of the Constitution or any other written law including a contravention of Chapter Six; Section 20(1)(d)(i) violation of the Constitution or any other written law including a contravention of Chapter Six; Section 20(1)(d)(ii) gross misconduct in the performance of the functions of the office of the Director-General; Section 20(1)(d)(iii) physical or mental incapacity to perform the functions of the office of the Director-General; Section 20(1)(d)(iv) incompetence; or Section 20(1)(d)(v) bankruptcy. Section 20(2) Where a vacancy occurs in the office of Director-General, the President shall fill the vacancy in accordance with the provisions of section 16 .

Section 21. Retirement or redeployment of Director-General Section Despite the provisions of section 20 , the President may in consultation with the Council remove, retire or redeploy the Director-General at any time before the expiry of his or her term of office.

Section 22. Oath of office by Director-General Section A person appointed as Director-General shall, on his or her appointment, take and subscribe to the oath of office set out in the Third Schedule.

Section 23. Enlistment to the Service Section A person is eligible to be enlisted as a member of the Service if he or she is a youth as defined under this Act.

Section 24. Termination of service Section 24(1) The Council may at any time during the period of secondment of a member of the Service terminate such secondment if, for any reason, the services of such member are no longer required. Section 24(2) The appointment of a member of the Service may be terminated if his or her services are no longer, required in the manner prescribed. Section 24(3) The Director-General may, at any time during the period of enlistment or re-enlistment of a member of the Service, terminate such enlistment or re-enlistment if for any reason the services of the member are no longer required.

Section 25. Resignation from the Service Section 25(1) A member of the Service may be permitted to resign from the Service before the expiration of his or her period of enlistment or re-enlistment on personal or compassionate grounds. Section 25(2) A member of the Service may be permitted to resign from the Service in the manner prescribed.

Section 26. Extension of Service during times of emergency Section Notwithstanding the provisions of this Act, any member of the Service whose engagement or secondment expires, or who wishes to resign, during a state of war, insurrection, hostilities, disasters or emergency may be retained in the Service and his or her period of engagement or secondment extended for such further period, not being more than six months after the end of the engagement, secondment or resignation, as the Council may direct.

Section 27. Return of Service property Section 27(1) Every member on leaving the Service shall forthwith deliver up to such person as may be authorized in that behalf, any uniform, clothing, equipment or accoutrements supplied to him or her by or on behalf of the Service. Section 27(2) Despite subsection (1) the Director-General, at his or her discretion, may authorize a member of the Service to retain items of clothing on leaving the Service. Section 27(3) Any person who fails to comply with subsection (1) or who returns such property in a damaged condition, the damage not being attributable to the proper discharge of his or her duties whilst a member of the Service, shall be liable for the cost of replacing or repairing such property and such cost shall be a debt due from such person to the Service and maybe recoverable by deduction from any moneys due from the Service to such person or by civil suit for the whole amount or for any balance due after such deduction as aforesaid.

Section 28. Members not to engage in any other gainful employment Section During the period of service with the Service no member shall engage in any other gainful employment, outside the scope of his or her duties in the Service, except with the approval of the Council in the case of a uniformed and disciplined member, or the Director-General in the case of any other member.

Section 29. Pension Scheme and other schemes Section 29(1) The Council, in consultation with the National Treasury, shall establish a pension scheme for the members of the Service. Section 29(2) Notwithstanding the provisions of subsection (1), the Director-General, may with the approval of the Council, establish such other schemes as may be considered to be necessary.

Section 30. Oath of Office by members of Service Section 30(1) Every person recruited to and appointed as a member of the Service shall, on his or her appointment, make and subscribe to the oath of office set out in the Third Schedule. Section 30(2) The oath of office taken or subscribed to by a member of the Service shall be taken and subscribed to before an officer of a rank not lower than that of a Senior Superintendent.

Section 31. Staff of the Service Section 31(1) The Council shall employ such number of staff of the Service as may be necessary for the proper and efficient discharge of the functions of the Service. Section 31(2) The Director-General may, in consultation with the Council, request for a public officer to be seconded, deployed or temporarily attached to the Service from either level of government for a specific period of time. Section 31(3) For the purposes of this Act, a public officer who is seconded, deployed or temporarily attached to the Service under subsection (2), shall be regarded as a member of the Service and be subject only to the operational control and direction of the Director-General. Section 31(4) The Council shall, in consultation with the Cabinet Secretary, establish a disciplinary mechanism for the staff of the Service who are either employed, seconded or deployed to the Service.

Section 32. Terms and conditions of service for staff of the Service Section 32(1) The Council shall, on the advice of the Salaries and Remuneration Commission, determine the salaries of the staff of the Service who are employed, seconded or deployed to the Service. Section 32(2) The Council shall, in consultation with the Public Service Commission, determine other terms and conditions of service of the staff of the Service who are either employed, seconded or deployed to the Service.

Section 33. Disciplinary offences Section 33(1) Every member of the Service shall be subject to the provisions of this Part. Section 33(2) A member of the Service who commits any of the acts set out in the Fourth Schedule commits an offence against discipline. Section 33(3) A member of the Service who commits an offence under any other written law shall be liable to proceedings in a court of law in accordance with the provisions of the law under which the offence was committed. Section 33(4) Despite the provisions of subsection (3), the Director-General or an officer authorised in writing by the Director-General may, for cause, take such disciplinary action as may be appropriate in the circumstances against a member of the Service who commits an offence under this Act or any other written law. Section 33(5) The Council shall in consultation with the Cabinet Secretary, make rules of procedure for purposes of this section.

Section 34. Penalties for disciplinary offences Section 34(1)(a) a reprimand; Section 34(1)(b) an order of restitution; Section 34(1)(c) stoppage of salary increments for a specified period of time, but not exceeding one year; Section 34(1)(d) demotion in rank; Section 34(1)(e) dismissal from the Service; Section 34(1)(f) confinement to base for a period not exceeding fourteen days; Section 34(1)(g) reduction of salary by not more than one third of the basic salary for a period not exceeding three months; Section 34(1)(h) extra drills or parades or fatigues; and Section 34(1)(i) any combination of the punishments provided under this section. Section 34(2) The Director-General shall confirm the penalty of demotion in rank or dismissal from service if the penalty was imposed by an officer authorised by the Director-General in accordance with this Act. Section 34(3)(a) the name, rank and number of the member of the Service against whom the penalty has been imposed; Section 34(3)(b) the nature of the offence; Section 34(3)(c) the date or dates, if known, when the offence was committed; Section 34(3)(d) the penalty imposed; and Section 34(3)(e) the date the penalty was imposed. Section...

Section 35. Power to summon witnesses Section 35(1)(a) summon and examine any member of the Service on oath or affirmation; or Section 35(1)(b) require the production of relevant documents by any member of the Service. Section 35(2)(a) he or she fails or refuses to attend at the time and place specified in the summons or, having attended, refuses to answer any questions that are lawfully put to him or her; or Section 35(2)(b) he or she fails without reasonable cause to produce any relevant document. Section 35(3) A member of the Service who has been summoned as a witness or is required to produce any relevant document under subsection (1) shall not answer questions or produce documents that may incriminate him or her.

Section 36. Loss or damage to property to be made good by recovery from salary Section 36(1)(a) entrusted to him or her; Section 36(1)(b) in the lawful custody of the Service and supplied to him or her; or Section 36(1)(c) seized or taken charge of by him or her; Section 36(2) Despite the provisions of subsection (1), any member of the Service who pawns, sells, loses by negligence, makes away with, or wilfully or negligently damages any firearm, ammunition, accoutrement or uniform commits an offence against discipline and shall on conviction be liable to a penalty or combination of penalties set out in section 34 (1).

Section 37. Desertion or absence without leave by members of the Service Section 37(1) A police officer may, on a reasonable suspicion that a member of the Service has deserted the Service or is absent without leave from the Service, arrest that person and present him or her before a magistrate having jurisdiction in the area in which the person was arrested. Section 37(2) Where a person arrested under subsection (1) admits to having deserted the Service or is absent without leave from the Service and the magistrate is satisfied that he or she has deserted or is absent without leave, the magistrate shall cause the person to be delivered to the Service for disciplinary action. Section 37(3) Where a person arrested under subsection (1) refuses to admit to having deserted the Service or to being absent without leave from the Service or if the magistrate is not satisfied that the person has deserted the Service, the magistrate shall consider any evidence and any statement of the accused and may order the release of the accused person. Section 37(4) A magistrate shall not discharge the accused if the accused is in custody for any other lawful reason.

Section 38. Prohibition against torture or other cruel, inhuman or degrading treatment Section 38(1) A member of the Service shall not subject any person to torture or any cruel, inhuman or degrading treatment. Section 38(2) A member of the Service who subjects a person to torture commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding twenty-five years. Section 38(3) A member of the Service who subjects another person to cruel, inhuman or degrading treatment commits an offence and shall be liable, on conviction, to imprisonment for a term not exceeding fifteen years or to a fine not exceeding one million shillings, or to both such fine and imprisonment.

Section 39. Application of this Part Section 39(1) This Part shall apply to any person who is not a member of the Service. Section 39(2) For purposes of this Part, a staff of the Service is not a member of the Service. Section 39(3) A person accused of an offence under this Part shall be tried by a subordinate court established under Article 169 of the Constitution.

Section 40. Obstructing an officer Section assaults, resists or wilfully obstructs a member of the Service in the performance of his or her duties or any person acting in aid of the member of the Service;

Section 41. Procuring or assisting in the desertion of a member of the Service Section procures or persuades a member of the Service to desert or be absent without leave from the Service;

Section 42. Unlawful purchase of Service store Section 42(1) A person who acquires any Service stores, solicits or procures any person to dispose of Service stores or acts for any person in the disposing of Service stores commits an offence and shall be liable, upon conviction, to imprisonment for a term not exceeding two years. Section 42(2) A person shall not be liable under subsection (1), where a person proves that the chattels in his or her possession were acquired lawfully after they had been disposed of by the order or the consent of the Service or of some other authorised person or authority who had or he or she had reasonable cause to believe had authority to give such order or consent.

Section 43. Unauthorised use of or dealing in uniform, decorations,etc., of the Service Section 43(1)(a) without lawful authority, uses or wears any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem supplied or authorised by the President or the Council; Section 43(1)(b) uses or wears a uniform, decoration, badge or insignia of rank, wound stripe or emblem so nearly resembling any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem as to be calculated to deceive; Section 43(1)(c) falsely presents himself or herself as a person who is or has been entitled to use or wear any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem; or Section 43(1)(d) purchases or takes in pawn, solicits or procures any person to sell or pledge or acts for any person in the selling or pledging of any Service uniform, decoration, badge or insignia of rank, wound stripe or emblem awarded to a member of the Service, Section 43(2) Notwithstanding the provisions of subsection (1)(a), (b) or (c), a person shall not be prohibited from wearing medals, brooches or ornaments representing Service badges.

Section 44. Interference with aids to navigation,etc. Section interferes with an aid to navigation established, managed or maintained by the Service; or

Section 45. Application of this Part Section 45(1) This Part shall apply to the members of the Service in active service. Section 45(2) For purposes of this Part, "in active service" means a member of the Service engaged in operations of the Service.

Section 46. Conditions for the limitation of rights or fundamental freedoms Section 46(1)(a) ensure the protection of national security, public safety, public order, public health or morals; Section 46(1)(b) the protection of the rights and fundamental freedoms of others; Section 46(1)(c) be necessary to achieve the purposes and objects of the Service; Section 46(1)(d) be applied without discrimination; and Section 46(1)(e) not impair the essence of the right or fundamental freedom being limited. Section 46(2)(a) protection of classified information; Section 46(2)(b) maintenance and preservation of national security; Section 46(2)(c) maintenance of the security and safety of members of the Service; Section 46(2)(d) that the enjoyment of a right or a fundamental freedom by a member of the Service does not prejudice the enjoyment of a right or fundamental freedom by another member; Section 46(2)(e) good order and discipline in the Service; and Section 46(2)(f) public health and safety.

Section 47. Limitation of right to privacy Section 47(1)(a) the member's home or property within any Service base or Service establishment is to be searched; Section 47(1)(b) the member's possessions are to be seized; Section 47(1)(c) information relating to the member's family or private affairs is required to be revealed; or Section 47(1)(d) the member's communications are to be investigated or interfered with. Section 47(2) A limitation of a member of the Service's right to privacy under subsection (1)(c) shall be made where the member commits or is reasonably suspected of having committed an offence under this Act or any other written law.

Section 48. Limitation of the right to access to information Section 48(1) The right of access to information as provided for in Article 35(1) of the Constitution may be limited in respect of classified information or information in the custody of the Service. Section 48(2)(a) any demand to furnish an unauthorised person with classified information; Section 48(2)(b) any disclosure or publishing of information the disclosure or publishing of which would be prejudicial to national security; or Section 48(2)(c) any disclosure or publishing of information relating to the operational plans of the Service. Section 48(3) "Classified information" under this section shall include any information whose disclosure or publishing would prejudice national security and includes information on Service strategy, doctrine, capability, capacity or deployment. Section 48(4)(a) top secret information; Section 48(4)(b) secret information; Section 48(4)(c) confidential information; and Section 48(4)(d) restricted information.

Section 49. Limitation of the freedom of association Section 49(1) Despite the provisions of Article 36 of the Constitution in relation to the freedom of association, a member of the Service shall not join or participate in the activities of an association except as may be prescribed in a regulations made under this Act. Section 49(2) Subsection (1) shall not apply to the membership of a member of the Service in, or the participation of that member in the activities of professional associations.

Section 50. Limitation of the right to assembly, demonstration, picketing and petition Section Despite the provisions of Article 37 of the Constitution a member of the service shall not assemble, demonstrate, picket or petition public authorities.