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NATIONAL COUNCIL FOR OLDER PERSONS ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
PRELIMINARY.

   1.   Interpretation.

PART II
THE NATIONAL COUNCIL.

   2.   Establishment of the national council.

   3.   Seal of the national council.

   4.   Objects of the national council.

   5.   Composition of the national council.

   6.   Functions of national council.

   7.   Tenure of office of members of the national council.

   8.   Committees of national council.

   9.   Meetings of the national council.

   10.   Remuneration of members.

PART III
THE SECRETARIAT.

   11.   Secretariat.

   12.   Executive Secretary.

   13.   Functions of the Executive Secretary.

   14.   Other staff of the national council.

PART IV
LOWER COUNCILS FOR OLDER PERSONS.

   15.   District or city council for older persons.

   16.   Composition.

   17.   Functions of the district or city council for older persons.

   18.   Secretariat of district or city council for older persons.

   19.   Municipality, city division, town or subcounty council for older persons.

   20.   Composition of municipality, city division, town or subcounty council for older persons.

   21.   Functions of municipality, city division, town or subcounty council for older persons.

   22.   Remuneration of members.

   23.   Meetings of the municipality, city division, town or subcounty council for older persons.

   24.   Parish or ward and village council for older persons.

   25.   Composition of parish, ward and village council for older persons.

   26.   Functions of the parish or ward and village council for older persons.

   27.   Functions of the executive committees of older persons at parish or ward and village level.

PART V
ELECTIONS OF REPRESENTATIVES OF OLDER PERSONS.

   28.   Elections of representatives of older persons.

   29.   Sponsorship of candidates by political organisations or political parties.

PART VI
FINANCIAL PROVISIONS.

   30.   Funds of the national council.

   31.   Borrowing powers.

   32.   Estimates of income and expenditure.

   33.   Financial year.

   34.   Accounts.

   35.   Audit.

   36.   Investment of funds.

PART VII
MISCELLANEOUS.

   37.   Regulations.

   38.   Exemption from liability from acts done in good faith.

      First Schedule   Meetings of the national council.

      Second Schedule   Electoral structure for older persons.

NATIONAL COUNCIL FOR OLDER PERSONS ACT.

Commencement: 8 February, 2013.

   An Act to provide for the establishment of the National Council for Older Persons; to provide for the objects, composition and functions of the national council; to provide for a Secretariat of the national council and the executive secretary and other staff; to provide for lower councils for older persons; to provide for election of representatives of older persons; to provide for financial provisions of the national council and to provide for other related matters;

   WHEREAS Objective VII of the National Objectives and Directive Principles of State Policy requires that the State shall make reasonable provision for the welfare and maintenance of the aged;

   AND WHEREAS article 32 of the Constitution provides that the State shall take affirmative action in favour of marginalised groups on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.

PART I
PRELIMINARY.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   "Executive Secretary" means the Executive Secretary appointed under section 11;

   "gender" means socially constructed or determined roles and responsibilities of men and women, girls and boys in a given culture that are learned and changeable over time and location specific;

   "geriatrician" means a doctor who specialises in the care and treatment of old people who are ill;

   "lower council for older persons" includes district or city, municipal, city divisions, municipal divisions, town and subcounty councils for older persons;

   "Minister" means the Minister responsible for older persons' affairs;

   "national council" means the National Council for Older Persons' established by section 2;

   "NGO" means a Non-Governmental Organisation;

   "older person" means a person aged 60 years and above;

   "region" means the East, West, North and Central;

   "secretariat" means the secretariat established under section 11;

   "service provider" means a person or organisation rendering services or providing goods to older persons;

   "social gerontologist" means a person who studies old age and the process of ageing.

PART II
THE NATIONAL COUNCIL.

2.   Establishment of the national council.

   (1) There is established a national council to be known as the National Council for Older Persons.

   (2) The national council shall be a body corporate with perpetual succession, a common seal and may sue and be sued in its corporate name.

   (3) The national council may, for and in connection with its objects and functions under this Act, purchase, hold, manage and dispose of any property, whether movable or immovable, and may enter into any contract and any other transactions as may be expedient, and may do any act or thing that is lawfully done by a body corporate.

3.   Seal of the national council.

   (1) The seal of the national council shall be kept under the custody of the Executive Secretary and shall be authenticated by the signature of the Chairperson of the national council and the Executive Secretary.

   (2) A document purporting to be an instrument issued with the seal of the council and authenticated in the manner described under subsection (1) shall be taken to be a document of the national council and is admissible in evidence without proof, except where the contrary is shown.

4.   Objects of the national council.

   The objects of the national council are—

   (a)   to act as a coordinating body between Government departments, other service providers and older persons;

   (b)   to provide a structure through which free and fair elections of representatives of older persons will be conducted at any level of local governments;

   (c)   to set standards and regulations to guide Government, civil society organisations and private sector on the quality of services provided to older persons with a view to redressing any bottlenecks encountered;

   (d)   to act as a platform for older persons and stakeholders to meet regularly at least once in a year to review the performance of the national council;

   (e)   to monitor and evaluate the extent to which Government, civil society, organisations and the private sector meet the needs of older persons in planning and implementing programmes designed for equality and full participation of Older Persons.

5.   Composition of the national council.

   (1) The national council shall be composed of the following members—

   (a)   two older persons, male and female from each region elected by the district executive committees of older persons;

   (b)   one representative of Non-Governmental Organisations working with older persons appointed by the Minister in consultation with the National Network for Organisation of Older Persons;

   (c)   one geriatrician experienced in managing diseases of older persons, appointed by the Minister in consultation with the National Network for Organisations of Older Persons;

   (d)   one social gerontologist, experienced in managing social-economic aspects of older persons appointed by the Minister in consultation with the National Network for Organisation of Older Persons;

   (e)   one representative from the following government Ministries, as ex officio members—

      (i)   Ministry responsible for gender, labour and social development;

      (ii)   Ministry responsible for health;

      (iii)   Ministry responsible for public service;

      (iv)   Ministry responsible for finance, planning and economic development; and

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