Thursday, 4 August 2016

1 LAIKIPIA COUNTY INTERNSHIP SERVICE BILL, 2015 ARRANGEMENT OF CLAUSES Clause PART I– PRELIMINARY
 1– Short title.
2– Interpretation.
 3– Object of the Act.
PART II– INTERNSHIP SERVICE
4– Establishment of the service.
5– Internship placement unit.
 6– Placement officers.
 7– Collaboration and partnership.
8– Placement entity.
9– Eligibility.
 10– Placement plan.
11– Application for internship.
12– Internship placement.
 13– Letter of internship service.
14– Term of service.
15– Terms and conditions of service.
16– Duties of a placement department or entity.
17– Duties of a person serving in the internship program
18– Supervision.
19– Training.
 20– Termination of internship
21– Internship exit report.
22– Letter of completion.
 23– Annual internship service report.
 PART III- FINANCIAL PROVISIONS
 24– Funding of the internship service.
PART IV- GENERAL PROVISIONS
 25– Regulations.
3 LAIKIPIA COUNTY INTERNSHIP SERVICE BILL, 2015 A Bill for– AN ACT of County Assembly of Laikipia to provide for establishment of internship service and for connected purposes. ENACTED by County Assembly of Laikipia as follows–
PART I – PRELIMINARY 4 Short title. 1. This Act may be cited as the Laikipia County Internship Service Act, 2015. Interpretation. 2. In this Act– “County Executive Committee Member” means the County Executive Committee Member for the time being responsible for county public service; “department” means the county department responsible for county public service; “graduate” means a person who has graduated from a university, college, polytechnic or home craft center “internship” means placement of a person in workplace for the purpose of gaining work experience, knowledge and practical skills; “placement unit” means the internship placement unit established under section 5; and “student” means a person who is enrolled in a university, college, polytechnic or home craft center. 5 The object of the Act. 3. The object of this Act is to provide for a legal framework for the promotion and fulfillment of Article 55 of the Constitution through the establishment of the county internship service in order to facilitate or enable university and college students and graduates – (a) gain necessary practical work experience; (b)learn appropriate and relevant professional knowledge and practical skills; and (c) be integrated into the labour market.
 PART II– INTERNSHIP SERVICE Establishment of the service. 4. There is established the county internship service. Internship placement unit. 5. (1) There shall be in the department, the internship placement unit. 6 (2) The internship placement unit shall be responsible for– (a) receiving and reviewing applications for internships; (b) coordinating placement of persons recruited under the service; (c) coordinating the internship service; (d) organizing and coordinating training provided to persons serving in the internship service; (e) promoting the development of the internship service; (f) ensuring effective implementation of this Act; and (g) handling disputes arising from the internship service. Placement officers. 6. There shall be such internship placement officers in the department as may be determined by the County Executive Committee Member. 7 Placement entity. 7. A placement entity where a person recruited in the internship service shall be– (a) county executive departments and entities; (b) national government ministries and entities; or (c) non state entity. Collaboration and partnership. 8. The department shall initiate collaboration and partnership with the placement entities described under section 7 (b) and (c) for the purposes of placing persons in the internship programme with the entities. Eligibility. 9. For a person to be eligible for recruitment in the internship service, the person must either be enrolled as a student in a college, a university a polytechnic or a home craft center or be a graduate of not more than one year period after graduating from a college ,a university, a polytechnic or a home craft centre Placement plan. 10. (1) The County Executive Committee member shall for each financial year prepare a plan providing for the number of persons to be placed in the internship service which shall provide for the allocations per county department or entity, national government or private entities. 8 (2) For the purpose of preparing the placement plan under subsection (1)– (a) each county department or entity shall, before thirty first of May in each financial year, submit to the internship placement unit, the number of available internship positions or vacancies as well where applicable the required fields of training or professions; and (b)the internship placement unit shall, before thirty first of May in each financial year, ensure that it has compiled a list of national government and private sector institutions with the respective available internship positions or vacancies including where applicable the required fields of training or professions. (3) The plan prepared under subsection (1) shall be approved by the County Executive Committee. (4) For the purposes of commencing the first internship programme under this Act during the financial year 2015/2016, the County Executive Committee shall approve the number of internship positions for each department that shall be available during the financial year. 9 Application for internship. 11. (1) A person who qualifies for internship under this Act, may apply in the prescribed form for internship to the placement unit. (2) An application made under this section shall be accompanied by – (a) in the case of a student, a recommendation letter for internship from the college or university where the student is enrolled; and (b)in the case of a graduate, a university or college certificate or letter of completion from the university or college where the person has completed the course but has not yet graduated from the university or college. (3) The placement unit shall review the applications and establish that the applicants meet the requirements of this Act. (4) The placement unit shall upon the completion of the review process under subsection (4) prepare a database of all applicants and their respective fields of training or professions. 10 Internship placement. 12. (1) The placement unit shall convene an interdepartmental forum, consisting one representative from each department, within one month upon the coming into force of this Act and thereafter at least once in each period of 3 months for the purposes of placing the various applicants to the respective departments. (2) The forum convened under subsection (1) shall consider and approve the applications for persons to be granted internship opportunities in the various placement entities. (3) In placing the applicants for internship, the placement unit shall – (a) ensure that there balance in regard to matters such as gender, Ward representation and ethnic diversity; and (b) where applicable, place each person whose application has been approved in a job area that is related to the applicant’s area of training. (4) Nothing in this Act shall be deemed to prohibit a person who is eligible under section 9 to be placed in an internship position on the account that the person is not a resident in the county. 11 Letter of internship service. 13. The Department shall issue a letter of internship offer to a person whose application has been approved under section 12, which shall indicate among others the terms and conditions of the internship and the job placement offered. Term of service. 14. (1) The term of service for internship shall – (a) in the case of a student, for a period not exceeding three months; and (b)in the case of a graduate, for a period not exceeding six months. (2) No person shall serve internship for more than one term: Provided that an internship term for a graduate may be extended for a period not exceeding that presecribed by the placement entity (3) Notwithstanding subsection (2) a person who has served an internship term as a student is qualified to serve in internship programme as a graduate. Terms and conditions of service. 15. (1) An internship service shall not be construed to be employment with the county government or any private sector entity participating in the programme. 12 (2) A person serving in the internship programme may be paid such allowances as shall from time to time be determined by County Executive Committee. (3) Subsection (2) shall be applicable to any person serving in the internship programme irrespective of whether the person is placed in a public or private organization. (4) A person serving in the internship programme shall be bound by the code of conduct and practice governing the county public officers. Duties of a placement entity. 16. A placement entity shall have a duty to– (a) facilitate learning and exposure to the person serving in the internship; (b) assign duties or tasks to the person serving in the internship; (c) assign a supervisor to the person serving in the internship programme; and (d) provide administrative support to the person serving in the internship for the purposes of carrying out the assigned tasks. 13 Duties of a person serving in the internship programs. 17. A person serving in the internship programme has a duty to– (a) carry out duties and tasks assigned; and (b) comply with code of conduct for county public officers. Supervision. 18. (1) The department or entity where the person serving the internship programme shall put in place mechanisms for supervising the person in accordance with the guidelines provided by the placement unit. (2) The placement unit shall continuously liaise and coordinate with the placement entities for the purposes of ensuring effective supervision of the persons serving under the internship programme. Training. 19. (1) The placement unit shall in collaboration with other the placement entities design and facilitate training for all persons participating in the internship programme. (2) The training described under subsection (1) shall address matters such as devolution, leadership, life skills, public sector management, public policy, national values and entrepreneurship among others. (3) The placement unit shall ensure that the training is conducted as part of orientation of the persons participating in the internship programme. 14 Termination of internship. 20. A person serving in the internship programme Shall cease from serving under the programme through– (a) resignation from the programme through a two week written notice; or (b)the department terminating the service on account of breach of county government code of ethics and practice governing county public officers. (c) The expiry of the internship period unless otherwise extended in accordance with section (14) of this Act. Internship exit report. 21. (1) Each person participating in the internship programme shall compile an exit report at the end of the term of service which shall be submitted to the supervisor. 15 (2) The report shall cover matters such as – (a) lessons learnt; (b) challenges experienced; (c) recommendations for improving the programme; and (d) any other matter as may be required by the placement unit or the supervisor. Letter of completion 22. The department shall, upon completion of the internship service, issue a letter of completion of internship service to each person who has participated in the internship programme. Annual internship service report. 23. The placement unit shall prepare an annual report on the internship service which shall be submitted to the County Executive Committee for consideration then forwarded to the County Assembly for discussion
PART III- FINANCIAL PROVISIONS Funding of the internship service. 24. The funding of the internship service shall consist of– (a) such monies as may be appropriated by the County Assembly for that purpose; or (b)such grants and donations from any lawful source.
 16 PART IV- GENERAL PROVISIONS Regulations. 25. (1) The County Executive Committee Member may make Regulations for better carrying out of the objects of this Act. (2) Without prejudice to the foregoing the regulations shall provide for: (i) application forms (ii) criteria for placement
MEMORANDUM OF OBJECTS AND REASONS First, this Bill seeks to facilitate the promotion and fulfillment of Article 55 of the Constitution in regard to facilitating youth access to economic opportunities and access to employment. 17 Second, this Bill seeks to provide access to employment and integration to labour market for university and college graduates. Third, this Bill aims at enabling university and college students to access opportunities to gaining necessary skills and learning opportunities as part of their preparation for the job market. Part I of the Bill provides for preliminary matters. it provides for the objectives of the Bill. Part II of the Bill provides for the establishment of the internship service and the internship placement unit. It provides for the placement entities which include the county departments, national government and non state organizations. The Part also provides for the eligibility for internship, application procedures, internship placement, the term of service and the terms and conditions of internship service and the provision of training to persons serving in the internship among others. Part III of the Bill provides for financial provisions. Part IV of the Bill for the general provisions.
Dated this ………day of November………2015
 HON. PETER KIMONDO Chairman, Labour, Social Welfare & Commuinty Services Committee