An Act of Parliament to amend the National Youth Council Act, No. 10 of 2009
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
|---|---|---|
Clause 2 Amendment of section 2 of No. 10 of 2009 | Section 2 of the National Youth Council Act, No. 10 0f 2009 (the “principal Act"), is amended by deleting the definition of the term "Minister" and substituting therefore the following definition: "Cabinet Secretary" means the Cabinet Secretary for the term being responsible for youth affairs. | This proposal seeks to align the principal Act with the provisions of Article 152 of the Constitution of Kenya, 2010 (the “Constitution”) and section 3 of the Interpretation and General Provisions Act (Cap 2) Laws of Kenya. |
Clause 3 Amendment of section 5 of No. 10 of 2009 | Section 5 of the principal Act is amended by deleting: a. the words "Permanent Secretary” wherever it appears and substituting therefore the words "Principal Secretary"; b. paragraph (g) of subsection (1) and substituting therefore the following new paragraph (g): (g) nine youths nominated through a competitive process by the Cabinet Secretary responsible for youth affairs. | The proposal in clause 3 (a) of the Bill seeks to align the principal Act with the provisions of Article 155 of the Constitution. |
For clause 3 (b) of the Bill, we propose the addition of the words “fair, transparent and” appearing immediately before the word “competitive”. Firstly, a fair, transparent, and competitive nomination process would ensure that candidates are evaluated based on their qualifications, skills, and experience. This would help to attract and select the most suitable individual, contributing to the overall effectiveness and efficiency of the Council. Secondly, transparent nominations would enhance public trust and confidence in the organization responsible for making the nominations. Thirdly, this proposal would ensure that nominations are done in a fair and transparent manner in accordance with the values and principles set out in the Constitution. |
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For clause 3 (b) of the Bill, we also propose the deletion of the words “responsible for youth affairs” appearing immediately after the word “Secretary”. The rationale for this is that a definition of “Cabinet Secretary” has been provided in clause 2 of the Bill. |