Kenya Heroes Act No 5of 2014 - as Plain Text by MWakili

SPECIAL ISSUE KenW Gazene Suppl&unt No.63 (Acts No.5) REPUBLIC OF KENTYA KENYA GAZETTE SUPPLEMENT ACTS, 2014 NAIROBI,6th May, 2014 Act- PAGE PRINTED AND PIJBUSHED BY THE GOVERNMENT PRINTER, NAIROBI 1 \ ItII 7l 2014 Kenya Heroes No.5 TIIE KENYA HEROES ACT,2014 (No.

5 of 2014) Date of Assent: 29th April, 2014 Date of Commencement: By Notice ARRANGEMENT OF SECTIONS PART I-PRELIMINARY Section 1-Short title.

2- Interpretation.

3-Objects and purposes of Act.

PART II-THE NATIONAL HEROES COUNCIL 4-Establishment of the Council.

5-Functions of the Councii.

6-Powers of the Council.

7 -Values and Principles.

8-Qualifications for appointment as member.

9-Diversity.

l0-Oath of office.

11-Third Schedule to apply.

l2-Director.

I3 -Qualifications of Director.

l4-Other staff.

15 - Delegation of functions.

l6-Administration of system in the Counties.

PART III -FINANCIAL PROVISIONS 17-Funds of the Council.

l8-Financial year.

19-Annual estimates.

20-Accounts and audit.

72 No.

5 Ketna Heroes 2014 2l - Establishment of the National Lleroes' [jund.

PART IV-IDENTIFICATION AND DECLARATION OF HEROES 22-Call for nominations and selection.

23 - Public Consultation.

24- Investiture.

25-Forms of recognition and honour of national heroes.

26-Establishment of Heroes' Squares.

27-Registration and assistance tll- dependanls.

28-Appeals by dependants.

29- Withdrawal of honours.

30-Regulations.

SCHEDULES FIRST SCHEDULE-CRITERIA FOR IDENTIFICATION, SELECTION AND DECLARATION OF HEROES.

sEcoNDscHE DU Lr - offi FFIcEttt TltXfi ,i],"tilt 3ffi THE DIREC'TOR.

THIRD SCHEDULE_CONDUCT OF THE AFFAIRS OF THE COUNCIL.

FOURTH SCHEDUI,E - CERT I FI CAT E OF DECLA RA]'ION.

73 20L4 Kenya Heroes No.

5 THE KENYA HEROES ACT,2014 An Act of Parliament to provide for the recognition of heroes; to establish criteria for the identification, selection and honouring of national heroes; to provide for the categories of heroesl to provide for the establishment of the National Heroes Council and for connected purposes ENACTED by the Parliament of Kenya, as follows- PART I-PRBLIIVIINARY 1.

This Act may be cited as the Kenya Heroes Act, 2014 short titlt' and shall come into operation on such date as the Cabinet Secretary may, by notice in the Gazette, appoint.

2.

In this Act, unless the context otherwise requires- Interpretation' "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to national heritage; "child", in relation to a hero meaus a child of a lrero or a child to whom the hero is a guardian r.vithin the meaning of No.8ot200t the Children Act; "child hero" means a hero who is belorv the age'of eighteen years; "Committee" means the State Corporations Advisory Cortrmittee established under the State Corporations Act; "'Council" lneans the National Heroes Courrcil cap -lJ6' established section 4; "dependant".

in relation to a hero, nteans- (a) a child.

including a step child or an adopted child; (b) a rvidorv or rvidorver; or (c) any person not rel'erred to in paragraph (a) or (b) who was wholly or partly nraintained by the hero at the time of the hero's death: "Director" means the director appointed uncler sectiort t2; "Fund" means National Heroes Assistance Fund established under section 2l; -7"+ Kettttr ilt'rrtet 2Ol4 No.

5 " hero" rneans a persolr clcclare da hcr() uudcr thc provisious o1' I)arl IV ol'this n ct; "irnmediate f arnil,v" in tlre case ol'a hcro rrsans n-rotlrcr.

f'atlrer, rvil'e, child.

,widorv or widower: "national hero" rneans a hero recognizcd at the national levcl; "rrel'r1ber" mcans a rnernbt: r ol' the C'ourrcill "registered dependant" rleans any pcrson rvho has beerr registered as a dependant under section 27: and "State assistance" rrcans any assistancc accorded to a hcro or dependant under section 27.

Objccts and 3.

(l) 1'he object and purpose of this Act is to provide a purposcs of Act.

legal framework fbr the recognition and honour of' national heroes.

i (2) IA person shall be considered a hero for purposes ol this Act where the person has positively contributed selflessly and sacri ficed fbr the country in any of the f'unctional areas set out in the First Schedule.

PART II -TI{E NATIONAI, HEROES COUNCIL rlsrahlishnrcnr or 4, (l) l'here is cstablished a Council to be known as tlre thc (buncil.

National Ilerocs Council.

(2) The Council shall be a body corporate rvitlr perpetual succession and a comrnon seal and shall, in its corporate name, be capable of- (a) suing and being sued; (b) taking, purchasing or otherwise acquiring.

holding, charging, or disposing of movable arrd immovable property; and (c) doing or perfbrming all such other acts or things as may be necessary for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate.

(3) The Council shall consist of not more than thirteen members, who shall comprise- (a) a chairperson, who shall be appointed by the Cabinet Secretary; 75 2014 Kenya Heroes No.

5 (b) thc Principal Secretary in the Ministry responsible for rnalters relating to heroes or a designated (c) re preserr t ativc; the Principal Secretary irr the Ministry responsible for ntattcrs relating to finance or a designated reprcsen tati ve: (d) the Attorney-General or a designated rcpresentative; and (e) six other members qualified in terms ol section 8 appointed by the Cabinct Secretary.

(5) The Council rnay, from time to time, hire as consultants such suitably qualified persons as it may require in spcci fic cases.

(6) Not more than two-thirds of the members of the Council shall be of the same gender.

'I'he I;unctions of thc t5.

functions of the Council shall be to - Council.

(a) tbrmulate and implement policy relating to national heroes; (b) identify and recommend national heroes; (c) ']+ establish and oversee the management of the national heroes' square; (d) oversee tlre design and creation of appropriate commemorative items for purposes of honouring national heroes; (e) administer State assistance to national heroes where necessary; (o have custody and oversee the management of properties and institutions relating to heroes; (g) enforce sanctions and penalties in respect of disgraced national heroes; and (h) oversee the keeping and maintenance of registers in which shall be entered the names of every national hero and the names of any dependant of any such hero; (i) carry out or cause to be carried out periodic studies, research and evaluations of the national honours system and other systems in other jurisdictions; and 76 Kenya Heroes zol4 No.5 (,) conduct and facilitate civic education in order to stimulate public discussion and awareness on pertinent issues relating to national heroes; and (k) do such other things as may be incidental or conducive to the attainmeht of the objects for which it is established.

Polvers of the 6.

(l) Subject to this Act, the Council shall have all the Council.

powers necessary and expedient for the performance of its functions.

(2) Without prejudice to the generality of subsection (l), the Council shall have power t- (a) manage, control and administer the assets of the Council in such manner and for such purposes as best as best promote the purposes for which it is established; (b) receive any gifts, grants, donations or endowments made to the Council or any other monies in respect of the Council and make disbursements therefrom in accordance with the provisions of this Act; (c) determine the provisions to be made for capital and recurrent expenditure and for reserves of the Council; (d) open a banking account or banking accounts fbr the funds of the Council; and (e) invest any monies of the Council not immediately required for the purposes of this Act in such manner as it may deem appropriate.

Values and 7.

In the exercise of its functions, the Council shall have pri nciples.

regard to the following national values and principles of governance- (a) patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people; (b) human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalized; (c) good governance, integrity, transparency and accountability; (d) sustainable development.

77 2014 Kenya Heroes No.

58.(1) A person shall be qualified for appointment as 4 Qualificationsfor member of the Council under section a(3Xe) if such person- Hj;'J"tf"'"' (a) is a citizen of Kenya; (b) holds a relevant University degree from a university recognised in Kenya and has at least five years' working experience in matters relating to - (i) religious and spiritual affairs; (i:) culture; (iii) education; (iv) public affairs; (v) security, law and order; I (vi) sports; (vii) human rights;.or (v!ii) environmen! (c) is of sound mind; and (d) is of good character and integrity.

(2) A person shall not be qualified for appointment as a member of the Council if such person is- (a) an undischarged bankrupt; or No.4or2003.

(b) a serving public qfficer within the meaning of the Public Officer Ethics Act, 2003; (c) in violation of Chapter Six of the Constitution.

9.

In appointing persons under section 8 the appointing Divenitv' authority shall have regard to Kenya's socio-economic, geographical, gender and ethnic diversity and special interest groups.

, 10.

(1) A member of the Council dnd the Director shall oathororficc' each, before entering upon their office, make and subscribe to the oath or affirmation prescribed in the Second Schedule before the Chief Justice.

(2) Every oath or affirmation made and subscribed to under this section shall be deposited with the Director and with.the Chi'bf Justice.

78 Kettyu l lentcs No.5 2014 'l'hird Schctlulc to Il.

-l'he Third Schedule shall havc eflect vvith respcct to npply.

the conduct of the at'lairs ot'the CoLrncil br-rt subjcct thcreto the CoLrucil slrall regulate its orvn procedLrre.

I)ircctor.

12.

(l) 'l'here shall be a [)irector tll'the Council rvho shall be appclintcd by the (iouncil, tliroLrgh an open and colnpetitive process, on such terms and conditions as the Cabinet Secretary rnay, irr consultatiorr rvith thc Cornmittee.

approve.

(2) 'fhe Director sl:all bc the heaci ol' the Cor-rrrcil's Secretariat and shall be tlrc chicl- c.recutivc and Sccrcrtary to the Colncil Ibr-(3) The f)irector shall be resporrsiblc to tlre Council (a) the day-to-day adrninistratiorr ol' the aflairs ot' thc I CoLrncil; (b) the co-ordination ol' the Cor,rrrcil's studies.

researcl'l and evaluation; (c) the recording of tlre proceedings ol tlre meetings ol' the cor.rncil; (d) custody of all records and docurnents o1'the Council; (e) collection and veril'ication of data on proposccl national heroes; (f) docurnentation of nominations of national lreroes to the Couucil; (g) furrd-raising and the manageurent of firncls and resoLlrces; (h) managernent of irrformation; and (i) management of heroes' sqLrares and other monurrents to national lreroes.

Qualifications 13.

A person shall be qualified fbr appointment as the Director, Director if suclr person- (a) holds at least Master's degree from a university recognised in Kenya in arry field relevant to the position applied fbr; and (b) has knowledge and at least seven years' experience in matters relating to the management of public institutions.

79 2014 Ketrt'u llerttes No.

14.

-f he CloLrncil nrav ernploy sllcl'r otlrer offlcers and Othcr stall, stal'f as it may deem necessary tbr tlre dischargc ol- its .lunctions under tlris Act.

15.

( l) The Cor,rncil may establish and assigrl f urf Ct iOrrs Dclr:gation o[ to such committees as it may consider necessary for the lllncllons better carrying out of its lirnclions under this Act.

(2) 1'he committees established under subsection (l) may from time to time hire experts to assist in carrying out work in their area of expertise.

16.

The County Executive Committees established under Adrninistration of Article 183 of the Constitr,rtion shall be responsible for the systern in thc administration of the heroes'honours system in their Countics.

respective counties in accordance with the provisions ol- this Act.

PART III_-}'INAN CIAL PROVISI ON S 17.

(l) The iunds of tlre Courncil shall consist o1- Funds ol'thc t (a) provided CounciL L sLrch monies as may be by Parliamerrt; i (b) such monies or assets as may accrue to or vest in the l Council in the course of the exercise of its powers and the performance of its functions under this Act; and I (c) all monies from any other source provided for or i donated or lent to the Council.

I (2) There shall be paid out of the funds of the Council all sums required to defiay the expenditure incurred by the Council in the exercise of its powers and th performance of its functions under this.Act.

(3) The Council shall not accept any grant, gift, donation or request made on the condition that the Council perfbrms any function or discharges any duty or obligation other than duties under this Act.

18.

The financial year of the Council shall be the period Financial year.

of twelve months ending on the thirtieth June in each year.

19.

(l) At least five months before the commencement Annual estirnatcs.

of each financial year, the Council shall cause to be prepared the estimates of the revenue and expenditure of the Council for that year.

(2) The annual estimates shalI make provision for all the estimated expenditure of the Council for the financial year concerned, and in particular shall provide for- 80 Kenya Heroes 2014 No.5 1a) the payment of salaries, allowances and other charges in respect of the staff and the members of .the Council; (b) the payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the fun$s of the Council;and (c) the acquisition, maintenance, repair and replacement of the equipment and other movable property of the Council.

(3) The annual estimates shall be approved by the Council at least two months before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.

(a) No expenditure shall be incurred for the purposes of the Council except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Council given with prior written i approval of the Cabinet Secretary and the Principal Secretary I to the Treasury.

Accounts and 20.

(l) The Council shall cause to be kept proper books audit.

and records of account of its income, expenditure and assets.

l No.4 of 2003 (2) The accounts of the Council shall be audited and reported upon in accordance with the Public Audit Act, 2003.

I Establishment of 21.

(l) There is established a fund to be known as the the National National Heroes Fund.

Heroes'Fund.

(2) The Fund shall consist of- (a) such monies as may be specifically designated to it by the Council out of its own funds; (b) such monies as may be received by the Council for the Fund in the form of donations, endowments, grants or bequests from any source; and (c) income from investment made by the trustees appointed under subsection (4); and (d) such other monies as may, by or under any other law, be payable into the Fund.

(3) The income from the Fund shall be used for the benefit of national heroes who are in need of financial assistance and their dependants.

8l 2014 Kenya Heroes No.5 (a) The Fund shall subject to this Act, be administered by a Board of Trustees who shall be appointed by the Cabinet Secretary by notice in the Gazette.

(5) The trustees shall develop and apply principles governing the grant of monies from the Fund and for achieving the object ofthe Fund.

PART IV-IDENTIFICATION AND DECLARATION OF HEROES 22.

(l) The Council may, from time to time, by notice Call for nominations and i published in the print and electronic media, call for proposals selection.

I for nomination of suitable persons to be recommended for declaration as heroes.

(2) A nomination under this section may be made by a member of the public, an organization, a group of persons or an institution.

(3) Nominations received under this section shall be referred to the flppropriate committee of the Council for vetting before being considered by the full Council.

(a) The Couircil shall on receipt of the names of the nominees forwarded under subsection (3), apply the criteria set out in the First Schedule to determine whether the' proposed nominee qualifies for designation as a hero under' this Act.

.

23.

(1) The Council shall, by notice.in at least two Public newspapers of national circulation, publish the names of all Consultation persons proposed to be declared as national heroes under this Act.

(2) A notice under subsection (t) shall - (a) speciff the names of the persons proposed to be so declared; (b) set out a brief summary of the achievements for which such declaration is proposed to be made; and (c) invite objections and representations from members of the public who are of the opinion that the proposed honour is not deserved.

(3) The Council shall consider all objections received pursuant to subsection (2Xc) and draw up a final list of names of the persons confirmed as qualified to be declared as heroes, which it shall forwbrd to the President for such declaration.

82 No.

5 Kttr.\uIl<'roar 2014 14) 'l'he names ol'all pcrsons declarcd as hcrocs shall bc notitled by thc I)rc'siclent by nol.ice in tl-rc Gazettc.

InYesliture 24.

(l) All hcroes Lrnder this Act shall be investcd with that honor.rr by the President at a pllblic ceremony.

t (2) 'fhe investiture of heroes shall take place dLrrirrg I Mashr"rjaa Day, celcbrated orr tlre twentieth October in each year, and the person so invested shall be awarded the certitlcate set out in tlre Fourth Schedr"rle.

(3) The honours proposed by this Act may be awarded durirrg the lif-etime of the hero or posthumor-rsly.

I irrrrts rtl 25.

(l) A person declared a hero under this Act shall be -ectrgrrition and entitled to the fbllowing privileges, among others ortotrr ol ttirlional - J rocs.

(a) invitations to national and comrnnnity functions as a state guest; (b) havirrg cultural festivals, concerts, exhibitions arrd sports events organized in their honour; (c) having towr-ls, institutions, open parks in urban areas, roads, streets, estates, stamps and notable landmarks named after the hero; (d) the award of medals, ir-rsignia, corttmendations, certificates and such other comrnemorative as may be determined by the Council from tinre to time; (e) the issuance of such postage stamps, scarves, mementoes, uteusils, apparel and artef'acts as may be determirred by tlie Council from time to time; (f) the publicatior, of books depicting their respective roles in the country's history or the social life of the society, which shall be part of the educational curriculum; or (g) being accorded financial assistance from the Fund where their economic circumstances warrant such assistance.

(2) Without prejudice to the provisions of subsection (1), the Government may, from tirne to time, accord national heroes who are in need of assistance- (a) the highest attainable standard of health care services, including reproductive health care; 83 2lJl4 Ketrya tleroe.s Nrr.5 (b) accessible and adequatc housing and rcasonable standards of sanitation; (c) adequate lbod ol'acceptable quality; (d) clean and safe water in adequate quantities; (e) social security; (l) fiee educatiorr lor tlreir dependants ol'school-going age up to tertiary level; (g) free transport to pr-rblic tirnctions tcr whiclr they are invited within the country; and (h) ernployment opportunities tbr tlicir dependants who have relevant qualifications.

(4) 'fhe Council shall establislr and maintain a Heroes' I{egister wl-rich shall be available to the pLrblic at the Fleroes' liluares established under section 27.

(5) Notwithstanding tlre place of burial of a hero, the Council may whenever it considers it necessary or appropriate, build and maintain symbolic tonrbs, monlllnents and statues in honour of such lrero and may preservc plaques, material culture, plrotographs, rnemoirs and histories ol the hero at the I-leroes' Square.

26.

The Council may establish and maintain Heroes' Iistablishnre,t.l &1uares, in such places as it rnay deem appropriate.

Ilcr.cs'stlttitrcs' 27.

(l) A person rnay apply to the Council in the *"il:11:'1u'n'"u prescribed *unn.i either individually or jointly with others - ::ili::]ffi,,,,,, (a) to be registered as a dependant ofa hero; ancl (b) to be considered for State assistance.

(2) Upon receipt and consideration of an application under subsection ( l) the Council shall, within sixty days, ei t her- (a) register the applicant as a dependant of the national hero on his own or together with other persons ; or (b) decline to register the applicant and notify hirn of the decision in writing.

(3) Where the Council registers a person as a dependant of a hero, the registered dependant shall be eligible fbr assistance out of the Fund where such assistance is deemed appropriate by the Council, taking account of the economic circumstances of that person.

84 Kenya Heroes 2014 No.5 (4) In determining the nature of assistance to be granted under subsection (3), the Council shall have regard to - (a) the relationship of the applicant to the hero; (b) the number o.f other registered dependants of the hero to be supported by the applicant; (c) the resources available for meeting the reasonable needs of the applicant and any other registered dependant of the hero to be supported by the applicant; and (d) whether the applicant or any other registered dependant of the hero supported by the applicant is in gainful employment or has any income- generating activity.

(5) The period over which assistance may be given to a dependant of a national hero shall be determined in the following manner- (a) where the registered dependant is a child, the assistance shall be given until the child attains the age of eighteen years,'or for such longer period as the Council may determine; (b) where the registered dependant is a widow or widower, the assistance shall be given for life or for such shorter period as the Council may determine.

(6) The assistance given under this section to a dependant who is a widow or widower of a hero shall cease upon remarriage.

Appeals by 28.(1) A dependant who is aggrieved by the decision of dependants.

the Council under this Part may appeal to the Cabinet Secretary within thirty days of the communication of the decision of the Council.

(2) The Cabinet Secretary may *ithin sixty days of the receipt ofan appeal under subsection (1)- (a) confirm the decision of the Council; or (b) remit the matter to the Council for further consideration together with any appropriate recommendation.

(3) The decision of the Council under this section- 85 2014 Kenya Heroes No.5 (a) in the first instance where no appeal is made; or : (b) upon reconsideration of a matter on the direction of the Cabinet Secretary under subsection (2) (b), I shall be final.

29.

(l) The Council may, on its own motion or upon withdrawalof receipt of allegations of misconduct by a hero from any honours' person or institution, appoint a committee of its members to investigate the allegations and make a report to it within a specified period.

(2) The committee shall conduct its investigations within the time specified, and, during the course of the investigations- (a).

may adduce evidence from the complainants or from any other person to prove the allegations; and (b) shall accord the person against whom the allegations are made a chance to be heard in his own defence.

(3) Upon receipt and consideration of the report of the committee under this section, the Council may- (a) caution or censure the person; or (b) withdraw all the privileges attaching to the declaration of a hero under this Act and order the removal of the name of such person from the Heroes Register.

(4) For the purposes of this section' "misconduct" includes- (a) conviction by a court of law of a cognisable offence 'and sentence to a terrn of inrprisonment; or (b) any form of conduct that is in violation of Chapter Six of the Constitution.

30.

The Council nray, irr corrsultation with the Cabinet Resulations' Secretary, make regulations to prescribe- (a) the categories and classes of honours.to be bestowed under this Act; (b) the privileges attaching to each honour specified under paragraph (a); (c) the procedure for the ceremony of investiture of honours; and t]6 Nrr' 5 Kertvct I'lcroes 2014 (d) the symbols to signify investiture of honours; (c) the criteria lbr identification.

selection arrd dcclaration oI' heroes.

I,'lRSl' SC}IBDULE (s.3,22@)) C RI.II|RIA FOR I DENTII.'ICAI.ION, SELBCTION AND DI]CI,ARATION O}'HEIIOES NO I,'I.JN C'TI O NAL ARIIAS QUALITIES I LI I'!]RA'I'I ON STRUGG LE Patriotism Vision lntegrity Cominitment Coqrage Selflessness Perseverance Decisiveness Optirnism 2 ST'I RITUAI, LEADERSHIP Patriotism Vision I ntegri ty Commilment Spirituality Humility Proplretic Charisma Honesty J INDIGENOUS r Patriotism KNOWLEDGE.

Vision.

Integrity.

Commitment.

Expertise.

Talent.

Innovativeness.

Honesty.

Reliabilitv 4 CULTURAL VALUES AND I Patriotism PRACTICES I Vision 87 2014 Kattwt I Ierru:s No.5 NO r-UNC'I'IONAI, AITEAS QtiAr.tl'rES Integrity Conrnritnrcrrt I loncstl' Irrspiratiorral Scl llcssness I)isciplinc 5 Attl's Patriotisnr Vision lrrtegrity Cornnritrne n1 'l'alcrrt Crcativity Pe rs is tc nce I nspi ratio nal 6 SP()I{TS [)at riot isnr Visiorr Intcgrity Conrmitmcnt C)orn petitivcness Discipline lnspirational I)erseverance Optirnisnr 1 SCHOI,ARSIIIP.

Patriotisnr PROFE,SSIONALISM,.

Vision REST]ARCTI.

In tegrity.

Cornmitrnent.

Expertise.

'l'alent.

Innovativeness.

Patience.

lnspirational.

Discipline.

Discovery 8 PEACE MAKING I Patriotism I Vision II ntegrity I Commitment 1 { 88 No.5' Kenya Heroes 2014 I NO FUNCTIONAL AREAS QUALmTES I Expertise I Inspirational I Charisma I Reliability 9 STATESMANSHIP Patriotism Vision Integrity Commitment Courage Optimism Selflessness Charisma Nationalisrn l0 ENTERPRENEURSHIP Patriotisrn AND INDUSTRY Vision Integrity Commitment Patience Reliability Courage Talents Innovation lt PHILANTHROPY Patriotism Vision Integrity Commitment Self'lessness Courage Kindness Discipline 89 2014 Kenya Herctes No.5 NO FUNCTIONAL AREAS QUAI,ITIES t2 HUMAN RIGIITS Patriotism Vision Integrity Commitment Courage Optimism Patience Reliability Courage Talent lnnovation l3 NATIONAL COHBSION Patriotism AND INTEGRATION Vision Integrity Commitment Courage Optimism Patience Reliability' Courage Talent Innovati on t4 ENVIRONMENTAL Patriotism CONSERVATION Vision Integrity Commitment Courage Optimism Patience Reliability Courage Talent Innovation 90 Kenya Heroes 2014 No.5 SECOND SCHEDULE (s,10 (2)) OATII/AFFIRMATION OF OFFICE OF TIIE CHAIRPERSON/ A MEMBERYTTM DIRECTOR I.

.

having been appointed the chairperson/a member/ the director of the Kenya Heroes Council under the Kenya Heroes Act, d"o solemnly swear/solemnly declare and affirm that I will faithfully and fully, impartially and to the best of my ability discharge the trust and perform, the functions and exercise the powers devolving up( n me .by virtue of this appointment without fear, favour, bias, affection, ill-will or prejudice, and to the end that in the exercise of the functions and 1 owers as such member I shall not be influenced by any person or authority.

(So help me God).

CHAIRPERSON/MEMB ER/DIREC T OR CHIEF JUSTICE 9t 2014 Kenya Heroes No.

S THIRD SCHEDULE (s.ll) C ONDUCT OF THE AFFAIRS OF THE COUNCIL 1.

A member of the Council may- (a) resign his office by notice in writing addressed to the Cabinet Secretary; or (b) be removed by the Cabinet Secretary by notice in writing if the mgrn[gp- (i) is subject to a vote calling for his removal by a two thirds majority of all members of the Council; (ii) has been absent from three consecutive meetings of the Council without justi fi able grounds; (iii) is so incapacitated by prolonged physical or mental illness as to be unable to attend to and perform his duties; (iv) is an undischarged bankrupt; (v) is convicted by a Court of an office punishable by term of imprisonment; or (vi) is otherwise unable or unfit to discharge his functions.

2.

'Where the office of a member becomes vacant, the office shall be filled in the same manner as that of a new appointment under this Act.

3.

The Council shall meet not less than four times in every year and.not more than four months shall elapse between the date of one meeting and the date of the next meeting.

4.

A rneeting of the Council shall be held on such date and at such times as the Council may decide, or in the absence of such a decision, if the chairman decides that a meeting is necessary, on a date and time determined by chairman.

5.

Unless otherwise decided by a two-thirds majority of the members of the Council, at least fourteen days'written notice of every meeting of the Council shall be given to the members of the Council.

6.

The quorum for a meeting of the Council shall be seven members.

7.

The Chairman, or in his absence, the vice-chairman, shall preside at every meeting of the Council.

8.

In the absence of both the chairman and vice-chairman, the members present may choose one of their member to preside at the meeting.

9.

A decision of the majority of the members of the Council present at 92 Kct*'a lleroes 2014 No.5 any meeting of the Courrcil shall be deemed to be the decision of tlre Council, arrd in the case of an equality of votes, the chairrnan.

vice-chairman or other person presiding shall lrave a second and casting vote.

10.

No act, decision or proceedings of the Council shall be invalid on account ol' a vacarrcy irr tlre membership thereof or o11 accollnt of tlre appoirrtment of a rnernber o1'the Council being def'ective.

FOURI'I{ SCHEDULE-- (s.25(2 )) CERTIFICATE OF DECLARATION OF HERO TI.IIS IS TO CERTIFY THAT HAS BEEN DULY RECOCNISED FOR HIS/HER REMARKABLT: WORK IN KENYA IN THE FIELD OF.

AND BY ]'HE POWER CONFERRIiT) UPON ME BY THE CONSTITUTION OF KENYA AND BY TI-IE KI]NYA HEROES ACT, HEREBY CONFER I-IIM/HER WITH 1'I.IE S'TATI]S OF A NATIONAL HERO.

Dated the PRESIDENT.

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