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National Youth Service Act

34. Penalties for disciplinary offences

Edition: 2024-09-03 · In force

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34. Penalties for disciplinary offences

(1)A member of the Service who commits an offence against discipline shall, on conviction, be liable to—
(a)a reprimand;
(b)an order of restitution;
(c)stoppage of salary increments for a specified period of time, but not exceeding one year;
(d)demotion in rank;
(e)dismissal from the Service;
(f)confinement to base for a period not exceeding fourteen days;
(g)reduction of salary by not more than one third of the basic salary for a period not exceeding three months;
(h)extra drills or parades or fatigues; and
(i)any combination of the punishments provided under this section.
(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.
(3)Where the Director-General or an officer authorised by the Director-General imposes a penalty on a member of the Service, the Director-General or that officer shall record the penalty in a register maintained for the purpose stating—
(a)the name, rank and number of the member of the Service against whom the penalty has been imposed;
(b)the nature of the offence;
(c)the date or dates, if known, when the offence was committed;
(d)the penalty imposed; and
(e)the date the penalty was imposed.
(4)A member of the Service who commits an offence against discipline may, during disciplinary proceedings, be accompanied by an officer of the member's choice for assistance and support.
(5)An officer who accompanies a member under subsection (4), shall not be of a rank superior to the officer in charge of the disciplinary proceedings.
(6)A member of the Service who is convicted pursuant to this section may, apply for a review of the penalty imposed against him or her—
(a)to the Council if the penalty was imposed by the Director-General; or
(b)to the Director-General if the penalty was imposed by an officer authorised by the Director-General.
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Source: Kenya Law