President's Award Act

Section 1. Short title Section This Act may be cited as the President's Award Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Award programme" means the various activities undertaken by young people to qualify for an award; "Board" means Board of Trustees of the President's Award established under section 4 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to education; "International Award" means the Duke of Edinburgh's International Award; "Participant" means a person who has attained the age of fourteen years but has not attained the age of twenty-five years and who is taking part in the Award programme; "Participating institution" means an educational institution or any other institution licensed by the Board to conduct the Award programme; "the President's Award-Kenya" means a self-development programme designed for young persons in Kenya to equip them with positive life skills as established under section 17 (1); and "young persons" means persons between the ages of fourteen and twenty-four years of age.

Section 3. Object and purpose Section regulate the conferring of awards to young persons who voluntarily undertake to fulfill self-development activities;

Section 4. Establishment of the Board of Trustees Section suing and being sued;

Section 5. Composition of the Board Section 5(1)(a) a Chairperson appointed by the President and who shall be a person with proven knowledge and experience in matters relating to conferring of awards to young persons; Section 5(1)(b) the Cabinet Secretary for the time being responsible for matters relating to education or a representative designated in writing by the Cabinet Secretary; Section 5(1)(c) the Cabinet Secretary for the time being responsible for matters relating to youth or a representative designated in writing by the Cabinet Secretary; Section 5(1)(d) the Principal Secretary to the National Treasury or a representative designated in writing by the Principal Secretary; Section 5(1)(e) five persons appointed by the Cabinet Secretary; and Section 5(1)(f) the Chief Executive Officer who shall be the Secretary to the Board. Section 5(2)(a) holds a degree from a University recognized in Kenya; Section 5(2)(b) in the case of a member appointed under subsection (1) (e), has at least five years experience in matters relating to resource mobilization, governance and public administration, community and social development, planning and devolution, advocacy and communication skil...

Section 6. Tenure of office of Board members Section The members of the Board shall hold office for a period of three years and shall be eligible for re-appointment for a further term of three years depending on satisfactory performance.

Section 7. Functions of the Board Section regulate the President's Award-Kenya established under section 17(1) and its relations with the International Award;

Section 8. Powers of the Board Section control, supervise and administer the assets of the Board in such manner as best promotes the purpose for which the Board is established;

Section 9. Chief Executive Officer of the Board Section 9(1) The Board shall, through an open, transparent and competitive process appoint a suitably qualified person to the office of Chief Executive Officer. Section 9(2)(a) is a citizen of Kenya; Section 9(2)(b) holds at least a degree from a university recognized in Kenya; Section 9(2)(c) has at least five years' post qualification experience in matters relating to awards to young persons; Section 9(2)(d) has demonstrated competence in the performance of managerial and administrative duties for not less than five years; Section 9(2)(e) meets the requirements of Chapter Six of the Constitution. Section 9(3) The Chief Executive Officer shall be an ex-officio member of the Board. Section 9(4) The Chief Executive Officer shall serve for a term of three years and shall be eligible to re-appointment for a further term of three years subject to a satisfactory assessment of performance.

Section 10. Removal from office of the Chief Executive Officer Section 10(1)(a) inability to perform functions of the office arising out of physical or mental infirmity; Section 10(1)(b) gross misconduct or misbehavior; Section 10(1)(c) incompetence; Section 10(1)(d) violation of the Constitution of Kenya, this Act or Regulations made under this Act; or Section 10(1)(e) bankruptcy. Section 10(2) Where the question of the removal of the Chief Executive Officer under subsection (1) arises, the Board shall give the Chief Executive Officer the opportunity to respond in writing.

Section 11. Staff of the Board Section 11(1)(a) such staff appointed by the Board as is necessary for the efficient discharge of the functions of the Board under this Act and upon such terms and conditions as the Board may determine; and Section 11(1)(b) such public officers as may be seconded by the Public Service to the Board. Section 11(2) For purposes of this Act, a public officer who is seconded to the Board under subsection (1)(b), shall be deemed to be an employee of the Board and shall be required to comply with the Constitution, this Act and any other written law relating to matters of ethics, leadership and anti-corruption, and any instruction, orders and directions of the Board. Section 11(3)(a) at least one-third of the staff are of either gender; and Section 11(3)(b) the appointment reflects ethnic and regional diversity of the people of Kenya.

Section 12. Experts and consultants Section The Board may engage experts or consultants to assist in the discharge of the functions of the Board.

Section 13. Delegation by the Board Section The Board may, by resolution either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Board, the exercise of any of the powers or the performance of any of the functions or duties of the Board under this Act or under any other written law.

Section 14. Common seal Section 14(1) The common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except in the manner authorized by the Board. Section 14(2)(a) where it is required to be under seal, if sealed with the common seal of the Board and authenticated by the Chairperson and Chief Executive Officer of the Board; or Section 14(2)(b) where it is not required to be under seal, if executed in that behalf by the Chairperson or the Chief Executive Officer. Section 14(3) Notwithstanding the provisions of subsection (2), the Board shall, in the absence of the Chairperson or the Chief Executive Officer, nominate one member of the Board to authenticate the seal on behalf of either the Chairperson or the Chief Executive Officer. Section 14(4) A deed, instrument, contract or other document executed in accordance with subsection (2) shall bind the Board.

Section 15. Protection from personal liability Section A member, officer, agent or employee of the Board shall not be personally liable for any omission or act done in good faith in the course of carrying out any of the functions of the Board under this Act.

Section 16. Liability for damages Section The provisions of section 15 shall not relieve the Board of liability to pay compensation or damages to a person for an injury to the person, the person's property or the person's interests caused by the exercise of a power conferred by this Act or any other written law.

Section 17. Establishment and levels of the President’s award Section 17(1) There shall be the President's Award-Kenya programme, whose object and purposes shall be in accordance with the provisions of this Act. Section 17(2)(a) Bronze; Section 17(2)(b) Silver; and Section 17(2)(c) Gold. Section 17(3)(a) the service section which requires the participant to undertake voluntary service; Section 17(3)(b) the skills section which requires the participant to undertake the acquisition of practical and vocational skills; Section 17(3)(c) the physical recreation section which requires the participant to undertake sporting activity; and Section 17(3)(d) the adventurous journey section which requires the participant to undertake an expedition and a camping activity.

Section 18. Qualification for an award Section 18(1) A participant shall only qualify for an award if the participant completes the four sections of the Award programme under section 17 (3). Section 18(2) A participant shall not qualify for a gold award unless the participant undertakes a residential project which requires the participant to get involved with activities that include environmental conservation, civic responsibility, construction work and disaster management.

Section 19. Duration for each level of the award programme Section Bronze award shall be for a minimum of six months;

Section 20. Modification of awards Section The International Award Foundation may recommend to the Board the modification of any of the requirements of the President's Award-Kenya.

Section 21. Requirement for licensing of participating institutions Section A person or institution shall not purport, claim or pass himself or itself as working in connection with the Award programme without authority and license granted by the Board in accordance with this Act.

Section 22. Application for licensing Section 22(1) An institution that intends to conduct the Award programme in such capacity as the Board may prescribe shall submit an application for accreditation and licensing to the Board in the prescribed form. Section 22(2)(a) a certificate of registration or in the case of a company, a copy of the memorandum and articles of association of the company; Section 22(2)(b) duly completed and signed application forms in the prescribed form; Section 22(2)(c) supporting documents as prescribed by the Board, where applicable; Section 22(2)(d) the prescribed fees; and Section 22(2)(e) any other document that may be required by the Board.

Section 23. Accreditation of existing participating institutions Section Where an institution accredited and licensed as a participating institution immediately before the commencement of this Act intends to continue as a participating institution, such institution shall apply for re-accreditation in the prescribed manner.

Section 24. Accreditation and licensing Section Where the Board is satisfied that an applicant meets the requirements for accreditation, it shall accredit and licence the institution under specified terms and conditions and issue a certificate to the institution.

Section 25. Rules on licensing Section 25(1) The Board may prescribe rules for the purpose of licensing of participating institutions. Section 25(2)(a) any forms required to be submitted to the Board; Section 25(2)(b) supporting documents to be submitted by an applicant; Section 25(2)(c) the criteria to be used in determining whether an applicant qualifies to be accredited and licensed; Section 25(2)(d) terms and conditions of a licence; and Section 25(2)(e) any other matter that requires to be prescribed under this Part.

Section 26. Appeal from decision of the Board Section 26(1) A person who is aggrieved by the decision of the Board under this Part may, within thirty days of being notified of the decision, appeal to the Cabinet Secretary. Section 26(2) The appeal shall be in the prescribed Form.

Section 27. Funds of the Board Section monies that may accrue to or vest in the Board in the course of the exercise of its functions under this Act;

Section 28. Financial year Section The financial year of the Board shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 29. Annual estimates Section 29(1) At least three months prior to the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Board for that financial year. Section 29(2) The Board shall approve the annual estimates before the commencement of the financial year to which they relate and once approved the sum provided in the estimates shall be forwarded to the Cabinet Secretary for approval. Section 29(3) No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under subsection (2) or in pursuance of an authorization of the Board given with prior written approval of the Cabinet Secretary.

Section 30. Accounts and audit Section 30(1) The Board shall cause to be kept proper books and other records of account of the income, expenditure, assets and liabilities of the Board. Section 30(2) The Board shall, within three months of the end of a financial year, submit, to the Auditor-General or an auditor appointed under the Public Audit Act (Cap. 412B), the accounts of the Board in respect of that year together with a statement of the income and expenditure of the Board during that year. Section 30(3) The accounts of the Board shall be audited and reported in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 31. Investment of funds Section The Board may invest any of the funds of the Board in such manner as the Board may from time to time approve.

Section 32. Exemption from charges Section Subject to all other laws, the Cabinet Secretary for the time being responsible for finance may exempt the Board from such taxes, duties, fees, cess or other charges as the Cabinet Secretary may, by notice in the Gazette , specify.

Section 33. Annual report on operations of the Board Section 33(1) The Board shall, within three months of the end of a financial year, prepare and submit to the Cabinet Secretary an annual report on the operations of the Board for the preceding year. Section 33(2)(a) the financial statements of the Board ; and Section 33(2)(b) a detailed report of the activities of the Board. Section 33(3) The Cabinet Secretary shall, within thirty days of receipt of the annual report, lay the report before the National Assembly.

Section 34. Annual report relating the functions of the Board Section 34(1) The Board shall submit an annual report to the President three months after the end of the year to which it relates. Section 34(2)(a) the financial statements of the Board; Section 34(2)(b) a description of the activities of the Board; Section 34(2)(c) such other statistical information as the Board may consider appropriate relating to the Board's functions; Section 34(2)(d) any recommendations made by the Board to Government departments or any person and the action taken; Section 34(2)(e) the impact of the exercise of any of its mandate or function; Section 34(2)(f) any impediments to the achievements of the objects and functions under the Constitution, this Act or any written law; and Section 34(2)(g) any other information relating to its functions that the Board considers necessary.

Section 35. Acting without authority Section 35(1) No person shall form, organize or work in connection with or be concerned in forming, organizing, or working in connection with, any corps or body of persons who without due authority and license granted in accordance with this Act claim or pass themselves off as the President's Award-Kenya or as otherwise connected with the Award Programme. Section 35(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, upon conviction, be liable to a fine not exceeding five million shillings or a term of imprisonment not exceeding five years.

Section 36. Periodic reports Section A participating institution shall make periodic reports to the Board in such manner and form as may be prescribed.

Section 37. Making of Regulations Section 37(1) The Board may make regulations for the better carrying out of any of the provisions of this Act. Section 37(2)(a) the requirements for registration of a participant; Section 37(2)(b) the specific activities that a participant can undertake within each of the four sections of a level of the award program; Section 37(2)(c) the minimum entry age requirements of participants at each level of the award program; Section 37(2)(d) the criteria to be used by the Board in assessment and determination of a qualifying participant; Section 37(2)(e) the implementation mechanisms to be adopted by the Board including the evaluation criteria to be adopted and the qualifications for evaluators; Section 37(2)(f) the licensing rules and procedure; Section 37(2)(g) rules to be observed by participants and participating institutions; Section 37(2)(h) forms required to be prescribed under this Act; Section 37(2)(i) fees payable to the Board; and Section 37(2)(j) any other matter that requires to be prescribed under this Act.

Section 38.Spent