Within three months of a vacancy arising in the Council in respect of a nominated member or at least two months before the date on which a nominated member ceases to hold office upon expiry of the member's term, each of the organizations specified in section 4(1)(e)(v), (vi), (vii) and (viii) of the Act shall nominate persons for appointment to the Council in accordance with this regulation.

Each of the organizations referred to in section 4(1)(e)(v), (vi) and (vii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Minister, the names of two persons of opposite gender who are qualified for appointment to the Council under section 4 of the Act.

The organizations referred to in section 4(1)(e)(viii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Minister, the names of four persons, half of whom shall be of opposite gender, who are qualified for appointment to the Council under section 4 of the Act.

In making the appointments under paragraph (4), the Minister shall ensure that the Council reflects the regional and other diversities of the people of Kenya and that not more than two-thirds of the members are of the same gender.

The Council shall, within two months of a vacancy arising in the Council or at least four months before the date on which elected members cease to hold office, appoint a person to be the returning officer for the purpose of election of members under section 4(1)(e)(i),(ii), (iii) and (iv) of the Act.

The qualifications of the various categories of elected members to be elected and the qualifications of persons entitled to nominate and to take part in the election of candidates of each of these categories shall be as specified in the First Schedule.

In order to be eligible for election or to be entitled to nominate for or take part in the election a person shall be required to have the requisite qualifications on the date to be fixed by the returning officer as the last day on which nomination papers shall be received.

Forms of nomination papers may, on application by post or otherwise, be obtained from the returning officer at the address referred to in paragraph (3) and in making the application it should be clearly stated for what part of the election the nomination form or forms are required.

Every nomination paper shall contain the name, address and registered qualification, and other requisite qualifications, of any of the candidates nominated, and the address and registered qualifications of each of the persons nominating the candidate and shall be as nearly as may be in Form B set out in the Second Schedule.

Any nomination paper which is not received at the address referred to in paragraph (3) before the hour and day specified in that paragraph shall be invalid.

The election of elected members of the Council shall be conducted in accordance with the provisions of this regulation.

If the number of duly nominated candidates in respect of any category of elected members does not exceed the number to be elected in that category the returning officer shall forthwith declare those candidates to be duly elected.

If the number of duly nominated candidates in respect of any category of elected members exceeds the number to be elected in that category, the returning officer shall as soon as possible prepare ballot papers and identification envelopes which shall be as nearly as may be to Form D set out in the Second Schedule.

The ballot papers shall contain the names, addresses and registered qualifications of all candidates who have been duly nominated and shall state the last day on which ballot papers may be received and the place to which they are to be returned.

If no nominations are received on the appointed day the returning officer may extend the date for returning the nomination papers by fourteen days.

The returning officer shall, at least twenty-one days before the last day fixed for the receipt of ballot papers, cause a ballot paper to be forwarded by post to each person qualified to vote in the election in accordance with the First Schedule at his registered address, together with an identification envelope.

Votes shall not be cast or accepted except on the ballot papers provided by the returning officers.

Each person qualified to vote in the election shall mark the ballot paper delivered to him with an X against the name or names of the nominated candidate or candidates (not exceeding the number to be elected) for whom he votes and shall place the ballot paper inside the identification envelope, sign the declaration on the envelope, place it inside a covering envelope, and send it by post or otherwise to the returning officer at the address stated therein.

The returning officer shall, immediately after the last day fixed for receipt of ballot papers, ascertain the validity of the votes cast by the examination of identification envelope, open the envelope, examine and count the valid votes given for each candidate.

The examination, opening and counting of the votes under paragraph (1) shall be done by the returning officer in the presence of the candidates or their duly nominated representatives, of whom seven days' notice shall have been issued to their last known address, but the absence of a candidate or his representative to whom due notice has been given shall not in any way prevent the returning officer from proceeding with the examination, opening and counting of the votes.

In each of the categories for which the election is held the candidates having the greatest number of votes shall be declared elected by the returning officer.

In the event of equality of votes between two or more candidates the returning officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.

Any candidate unsuccessful at the poll may either personally or by agent appointed in writing, notify the returning officer within fourteen days after the declaration of the result of the elections, that he contests the validity of that part of the election in respect of which he was unsuccessful on the ground of non-compliance with the provisions of these Regulations, or of misdescription or miscount, or of the non-delivery or loss of any document.

If after consideration of the contention disclosed in the notice, the returning officer is satisfied in respect of that part that the election was conducted substantially in accordance with the provisions of these Regulations and that any non-compliance, misdescription, miscount, non-delivery or loss did not affect the result of that part of the election, he may, within fourteen days of receiving the notice, so certify, and in that event he shall forward a copy of his certificate to the unsuccessful candidate, who may, within seven days of receiving that copy, appeal to the Minister.

Where the returning officer does not certify in accordance with subregulation (2), he shall, not later than the fifteenth day after receiving the notice forward a copy thereof to the Minister together with such comments as he thinks fit.

The Minister shall consider any appeal made under paragraph (2) or any notice received under paragraph (3) and his decision as to whether the result of the relevant part of the election was affected, shall be final.

Upon receipt of the names under regulation 15, the Minister shall, by notice in the Gazette, appoint the persons elected as members of the Council.

Any person who commits an offence under paragraph (1) shall be liable to a fine not exceeding ten thousand shillings or to imprisonment to a term not exceeding six months or to both such fine and imprisonment.

Within three months of a vacancy arising in the Council in respect of a nominated member or at least two months before the date on which a nominated member ceases to hold office upon expiry of the member's term, each of the organizations specified in section 4(1)(e)(v), (vi), (vii) and (viii) of the Act shall nominate persons for appointment to the Council in accordance with this regulation.

Each of the organizations referred to in section 4(1)(e)(v), (vi) and (vii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Cabinet Secretary, the names of two persons of opposite gender who are qualified for appointment to the Council under section 4 of the Act.

The organizations referred to in section 4(1)(e)(viii) of the Act shall, through an open, competitive and transparent process amongst its members, nominate and submit to the Cabinet Secretary, the names of four persons, half of whom shall be of opposite gender, who are qualified for appointment to the Council under section 4 of the Act.

In making the appointments under paragraph (4), the Cabinet Secretary shall ensure that the Council reflects the regional and other diversities of the people of Kenya and that not more than two-thirds of the members are of the same gender.

The Council shall, within two months of a vacancy arising in the Council or at least four months before the date on which elected members cease to hold office, appoint a person to be the returning officer for the purpose of election of members under section 4(1)(e)(i), (ii), (iii) and (iv) of the Act.

The qualifications of the various categories of elected members to be elected and the qualifications of persons entitled to nominate and to take part in the election of candidates of each of these categories shall be as specified in the First Schedule.

In order to be eligible for election or to be entitled to nominate for or take part in the election a person shall be required to have the requisite qualifications on the date to be fixed by the returning officer as the last day on which nomination papers shall be received.

Forms of nomination papers may, on application by post or otherwise, be obtained from the returning officer at the address referred to in paragraph (3) and in making the application it should be clearly stated for what part of the election the nomination form or forms are required.

Every nomination paper shall contain the name, address and registered qualification, and other requisite qualifications, of any of the candidates nominated, and the address and registered qualifications of each of the persons nominating the candidate and shall be as nearly as may be in Form B set out in the Second Schedule.

Any nomination paper which is not received at the address referred to in paragraph (3) before the hour and day specified in that paragraph shall be invalid.

The election of elected members of the Council shall be conducted in accordance with the provisions of this regulation.

If the number of duly nominated candidates in respect of any category of elected members does not exceed the number to be elected in that category the returning officer shall forthwith declare those candidates to be duly elected.

If the number of duly nominated candidates in respect of any category of elected members exceeds the number to be elected in that category, the returning officer shall as soon as possible prepare ballot papers and identification envelopes which shall be as nearly as may be to Form D set out in the Second Schedule.

The ballot papers shall contain the names, addresses and registered qualifications of all candidates who have been duly nominated and shall state the last day on which ballot papers may be received and the place to which they are to be returned.

If no nominations are received on the appointed day the returning officer may extend the date for returning the nomination papers by fourteen days.

The returning officer shall, at least twenty-one days before the last day fixed for the receipt of ballot papers, cause a ballot paper to be forwarded by post to each person qualified to vote in the election in accordance with the First Schedule at his registered address, together with an identification envelope.

Votes shall not be cast or accepted except on the ballot papers provided by the returning officers.

Each person qualified to vote in the election shall mark the ballot paper delivered to him with an X against the name or names of the nominated candidate or candidates (not exceeding the number to be elected) for whom he votes and shall place the ballot paper inside the identification envelope, sign the declaration on the envelope, place it inside a covering envelope, and send it by post or otherwise to the returning officer at the address stated therein.

The returning officer shall, immediately after the last day fixed for receipt of ballot papers, ascertain the validity of the votes cast by the examination of identification envelope, open the envelope, examine and count the valid votes given for each candidate.

The examination, opening and counting of the votes under paragraph (1) shall be done by the returning officer in the presence of the candidates or their duly nominated representatives, of whom seven days' notice shall have been issued to their last known address, but the absence of a candidate or his representative to whom due notice has been given shall not in any way prevent the returning officer from proceeding with the examination, opening and counting of the votes.

In each of the categories for which the election is held the candidates having the greatest number of votes shall be declared elected by the returning officer.

In the event of equality of votes between two or more candidates the returning officer shall determine by lot which of the candidates whose votes are equal shall be declared elected.

Any candidate unsuccessful at the poll may either personally or by agent appointed in writing, notify the returning officer within fourteen days after the declaration of the result of the elections, that he contests the validity of that part of the election in respect of which he was unsuccessful on the ground of non-compliance with the provisions of these Regulations, or of misdescription or miscount, or of the non-delivery or loss of any document.

If after consideration of the contention disclosed in the notice, the returning officer is satisfied in respect of that part that the election was conducted substantially in accordance with the provisions of these Regulations and that any non-compliance, misdescription, miscount, non-delivery or loss did not affect the result of that part of the election, he may, within fourteen days of receiving the notice, so certify, and in that event he shall forward a copy of his certificate to the unsuccessful candidate, who may, within seven days of receiving that copy, appeal to the Cabinet Secretary.

Where the returning officer does not certify in accordance with subregulation (2), he shall, not later than the fifteenth day after receiving the notice forward a copy thereof to the Cabinet Secretary together with such comments as he thinks fit.

The Cabinet Secretary shall consider any appeal made under paragraph (2) or any notice received under paragraph (3) and his decision as to whether the result of the relevant part of the election was affected, shall be final.

Upon receipt of the names under regulation 15, the Cabinet Secretary shall, by notice in the Gazette, appoint the persons elected as members of the Council.

Any person who commits an offence under paragraph (1) shall be liable to a fine not exceeding ten thousand shillings or to imprisonment to a term not exceeding six months or to both such fine and imprisonment.

For the purposes of paragraph (1), a nursing commodity shall be deemed to have been exported when it is placed on a ship, aircraft, train or any other vehicle within Kenya for the purposes of export.

A person who manufactures, sells, imports or exports any nursing commodity shall apply, to the Council for an appropriate licence or for a renewal of the licence.

On receiving an application for a licence or for a renewal of a licence the Council may, issue to the applicant the appropriate licence or renew the licence.

If the Council refuses to issue a nursing commodity licence, the Council shall notify the applicant in writing of the reasons for the refusal and give the applicant an opportunity to be heard.

Any person may lodge a complaint to the Council in respect of a nursing commodity.

A complaint under paragraph (1) shall be lodged in Form C set out in the Second Schedule and shall be accompanied by any supporting documentation as may be necessary.

Upon receipt of a complaint under paragraph (1), the Council shall investigate the complaint and take any action as authorised in this regulation in relation to the licence granted to the person complained against.

The licensee shall be given an opportunity to be heard during the investigations under this regulation.

The Minister shall, upon recommendation by Council, appoint for each county, any person or class of persons to be authorised officers for purposes of these Regulations.

The Minister shall issue a certificate of appointment to every person appointed under this regulation.

Notwithstanding the provisions of this regulation, any person upon whom this law vests functions of maintenance of law and order, shall be deemed to be authorised officers for the purposes of these Regulations.

For the purposes of ensuring compliance with these Regulations, an authorised officer may, at any reasonable time, enter any place in which the officer believes on reasonable grounds that any person or persons is in any way contravening the provisions of these Regulations.

An authorised officer entering any premises under this regulation shall, if so required, produce for inspection by the person who is or appears to be in charge of the premises the certificate issued to him under regulation 6(2).

The time of such entry shall be between six o’clock in the forenoon and six o’clock in the afternoon of any day of the week.

The inspecting agent in paragraph (1) shall issue the respective inspection completion and certification certificate once satisfied with the inspection.

During an inspection under these Regulations, an authorised officer may seize any nursing commodity or thing by means of which or in relation to which the officer believes, on reasonable grounds, that these Regulations have been contravened and a full inventory thereof shall be made at the time of such seizure by the officer.

The authorised officer may direct that any nursing commodity or thing seized be kept or stored in the place where it was seized or that it be removed to another place.

Unless authorised by an officer, no person shall remove, alter or interfere in any manner with any nursing commodity or other thing seized.

Any person from whom any nursing commodity or thing was seized may, within thirty days after the date of seizure, apply to the High Court for an order of restoration, and shall send notice containing the prescribed information to the Minister within the prescribed time and in the prescribed manner.

Where upon hearing an application made under paragraph (1) the court is satisfied that the applicant is entitled to possession of the nursing commodity or thing seized but is not satisfied with respect to the matters mentioned in paragraph (b) of paragraph (1), the court may order that the nursing commodity or thing seized be restored to the applicant on the expiration of one hundred and eighty days from the date of seizure if no proceedings in respect of an offence under these Regulations have been commenced before that time.

No person shall obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under these Regulations.

A person who contradicts the provisions of paragraph (1) commits an offence.

Where a corporation, registered society or other similar legal entity commits an offence under these Regulations, any director or officer of the corporation, society or legal entity who acquiesced in the offence commits an offence shall, on conviction, be liable to the penalty provided for by these Regulations in respect of the offence committed by the corporation, society or legal entity, whether or not such corporation, society or legal entity has been prosecuted.

In any prosecution for an offence under these Regulations, it shall be sufficient proof of the offence to establish that the offence was committed by an employee or agent of the accused.

Any act done or omitted to be done by an employee in contravention of any of the provisions of these Regulations shall be deemed also to be the act or omission of the

employer, and any proceedings for an offence arising out of such act or omission may be taken against both the employer and the employee.

In any prosecution for an offence under these Regulations, a copy of any written or electronic information obtained during an inspection under these Regulations and certified to be a true copy thereof shall be admissible in evidence and shall, in the absence of evidence to the contrary, be proof of its contents.

Subject to this Part, a certificate or report purporting to be signed by an officer stating that the officer analyzed anything to which these Regulations applies and stating the results of the analysis, shall be admissible in evidence in any prosecution for an offence under these Regulations without proof of the signature or official character of the person appearing to have signed the certificate or report.

The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced notice of not less than seven days of that intention together with a copy of the certificate or report.

The party against whom the certificate or report provided for under paragraph (3) is produced may, with leave of the court, require the attendance of the officer for purposes of cross examination.

For the purposes of paragraph (1), a nursing commodity shall be deemed to have been exported when it is placed on a ship, aircraft, train or any other vehicle within Kenya for the purposes of export.

A person who manufactures, sells, imports or exports any nursing commodity shall apply, to the Council for an appropriate licence or for a renewal of the licence.

On receiving an application for a licence or for a renewal of a licence the Council may, issue to the applicant the appropriate licence or renew the licence.

If the Council refuses to issue a nursing commodity licence, the Council shall notify the applicant in writing of the reasons for the refusal and give the applicant an opportunity to be heard.

Any person may lodge a complaint to the Council in respect of a nursing commodity.

A complaint under paragraph (1) shall be lodged in Form C set out in the Second Schedule and shall be accompanied by any supporting documentation as may be necessary.

Upon receipt of a complaint under paragraph (1), the Council shall investigate the complaint and take any action as authorised in this regulation in relation to the licence granted to the person complained against.

The licensee shall be given an opportunity to be heard during the investigations under this regulation.

The Cabinet Secretary shall, upon recommendation by Council, appoint for each county, any person or class of persons to be authorised officers for purposes of these Regulations.

The Cabinet Secretary shall issue a certificate of appointment to every person appointed under this regulation.

Notwithstanding the provisions of this regulation, any person upon whom this law vests functions of maintenance of law and order, shall be deemed to be authorised officers for the purposes of these Regulations.

For the purposes of ensuring compliance with these Regulations, an authorised officer may, at any reasonable time, enter any place in which the officer believes on reasonable grounds that any person or persons is in any way contravening the provisions of these Regulations.

An authorised officer entering any premises under this regulation shall, if so required, produce for inspection by the person who is or appears to be in charge of the premises the certificate issued to him under regulation 6(2).

The time of such entry shall be between six o’clock in the forenoon and six o’clock in the afternoon of any day of the week.

The inspecting agent in paragraph (1) shall issue the respective inspection completion and certification certificate once satisfied with the inspection.

During an inspection under these Regulations, an authorised officer may seize any nursing commodity or thing by means of which or in relation to which the officer believes, on reasonable grounds, that these Regulations have been contravened and a full inventory thereof shall be made at the time of such seizure by the officer.

The authorised officer may direct that any nursing commodity or thing seized be kept or stored in the place where it was seized or that it be removed to another place.

Unless authorised by an officer, no person shall remove, alter or interfere in any manner with any nursing commodity or other thing seized.

Any person from whom any nursing commodity or thing was seized may, within thirty days after the date of seizure, apply to the High Court for an order of restoration, and shall send notice containing the prescribed information to the Cabinet Secretary within the prescribed time and in the prescribed manner.

Where upon hearing an application made under paragraph (1) the court is satisfied that the applicant is entitled to possession of the nursing commodity or thing seized but is not satisfied with respect to the matters mentioned in paragraph (b) of paragraph (1), the court may order that the nursing commodity or thing seized be restored to the applicant on the expiration of one hundred and eighty days from the date of seizure if no proceedings in respect of an offence under these Regulations have been commenced before that time.

No person shall obstruct or hinder, or knowingly make a false or misleading statement to an authorised officer who is carrying out duties under these Regulations.

A person who contradicts the provisions of paragraph (1) commits an offence.

Where a corporation, registered society or other similar legal entity commits an offence under these Regulations, any director or officer of the corporation, society or legal entity who acquiesced in the offence commits an offence shall, on conviction, be liable to the penalty provided for by these Regulations in respect of the offence committed by the corporation, society or legal entity, whether or not such corporation, society or legal entity has been prosecuted.

In any prosecution for an offence under these Regulations, it shall be sufficient proof of the offence to establish that the offence was committed by an employee or agent of the accused.

Any act done or omitted to be done by an employee in contravention of any of the provisions of these Regulations shall be deemed also to be the act or omission of the employer, and any proceedings for an offence arising out of such act or omission may be taken against both the employer and the employee.

In any prosecution for an offence under these Regulations, a copy of any written or electronic information obtained during an inspection under these Regulations and certified to be a true copy thereof shall be admissible in evidence and shall, in the absence of evidence to the contrary, be proof of its contents.

Subject to this Part, a certificate or report purporting to be signed by an officer stating that the officer analyzed anything to which these Regulations applies and stating the results of the analysis, shall be admissible in evidence in any prosecution for an offence under these Regulations without proof of the signature or official character of the person appearing to have signed the certificate or report.

The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced notice of not less than seven days of that intention together with a copy of the certificate or report.

The party against whom the certificate or report provided for under paragraph (3) is produced may, with leave of the court, require the attendance of the officer for purposes of cross examination.