Kenya Act or statute

Parliament of Kenya

Kenya Medical Training College Act

Jurisdiction: Kenya
Structure: 22 provisions
Citation: Cap. 261
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“The Act may be cited as the Kenya Medical Training College Act.”

The Act may be cited as the Kenya Medical Training College Act. This section provides interpretations: it defines terms used in the Act (for example: Academic Council, Alumni Association, Board of Directors, Cabinet Secretary, Chief Executive Officer, College, constituent training centre, Deputy Director, faculty, graduate, statutes). Establishes and incorporates the College, identifies campuses (the Schedule and others the Cabinet Secretary may declare), lists corporate powers (suing and being sued; acquiring and disposing of property; borrowing and lending money; entering contracts and doing other acts), and states the headquarters is in Nairobi. The Common seal must be kept in the custody of the Corporation Secretary; it must be authenticated by the Chief Executive Officer's signature. The College has functions including providing facilities for college education, expanding educational opportunities in approved disciplines, providing consultancy in health areas, developing health trainers, undertaking approved research, conducting examinations and granting diplomas and certificates, determining who may teach and what and how it is taught, and proposing establishment of campuses and faculties.

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PRELIMINARY - 1. Short title

The Act may be cited as the Kenya Medical Training College Act.

Section 1

ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 6. Admission to the College

Admission to the College is open to all persons accepted as qualified by the Academic Board without distinction of race, tribe, place of origin or residence, political opinion, colour, creed or sex.

Section 6

MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 7. Membership of the College

Membership of the College: the Chief Executive Officer.

Section 7

FINANCIAL PROVISIONS - 17. Annual estimates

Section 17

MISCELLANEOUS PROVISIONS - 22. Transitional provisions

Section 22 transfers property, rights and liabilities from the Government (in respect of the former College of Health Professions, Nairobi) to the College, requires public officers to effect transfers, allows the College to continue proceedings against or by…

Section 22

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Showing 22 of 22 provisions

Provision 15Offence 2Commencement 2Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Kenya Medical Training College Act.

Section 1. Short title Section This Act may be cited as the Kenya Medical Training College Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides interpretations: it defines terms used in the Act (for example: Academic Council, Alumni Association, Board of Directors, Cabinet Secretary, Chief Executive Officer, College, constituent training centre, Deputy Director, faculty, graduate, statutes).

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “Academic Board” deleted by ActNo. 5 of 2019, Sch.; "Academic Council” means the Academic Council of the College established under section 11 ; “Alumni Association” means the Alumni Association of the College established under section 12 ; "Board of Directors" means the Board of Directors of the College established under section 9 ; “Board of Management” deleted by ActNo. 5 of 2019, Sch.; "Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to health; "Chief Executive Officer” means the Chief Executive Officer appointed under section 8 ; “College” means the Kenya Medical Training College established under section 3 ; “constituent training centre” means a constituent training centre of the College specified in the Schedule and any other centre or institution declared to be a constituent training centre of the College under section 3 (1)(b); "Deputy Director” means a Deputy Director of the College appointed under section 8 . “Deputy Principal” deleted by ActNo. 5 of 2019, Sch.; “faculty” means a faculty of the College established under section 5 (2); “graduate” means a person upon whom a diploma or certificate has been conferred by the College; “Principal” deleted by ActNo. 5 of 2019, Sch.; “statutes” means the statutes made by the Board of Directors under section 19 . [Act No. 5 of 2019 , Sch.]

Section 2Verify source

Part II

ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE

§ 3ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 3. Establishment and incorporation of the CollegeProvision

Establishes and incorporates the College, identifies campuses (the Schedule and others the Cabinet Secretary may declare), lists corporate powers (suing and being sued; acquiring and disposing of property; borrowing and lending money; entering contracts and doing other acts), and states the headquarters is in Nairobi.

Section 3. Establishment and incorporation of the College Section 3(1)(a) the campuses specified in the Schedule; and Section 3(1)(b) such other institutions as the Cabinet Secretary may, from time to time in consultation with the Board of Directors, by notice in the Gazette , declare to be a campus of the College. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing and lending money; and Section 3(2)(d) doing or performing all such other things or acts, including entering into such contracts as may be necessary or expedient for the furtherance of the provisions of this Act which may lawfully be done by a body corporate. Section 3(3) The headquarters of the College shall be in Nairobi. [Act 5 of 2019 , Sch.]

Section 3Verify source

§ 4ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 4. Common seal and signification of documentsProvision

The Common seal must be kept in the custody of the Corporation Secretary; it must be authenticated by the Chief Executive Officer's signature.

Section 4. Common seal and signification of documents Section 4(1) The Common seal of the College shall be kept in the custody of the Corporation Secretary and shall not be used except by the order of the Board of Directors. Section 4(2) The common seal of the College shall be kept in the custody of the Corporation Secretary and shall be authenticated by the signature of the Chief Executive Officer. Section 4(3) The common seal of the College when affixed to any document and authenticated under this section shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorization of the Board of Directors shall be presumed to have been duly given. [Act No. 5 of 2019 , Sch.]

Section 4Verify source

§ 5ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 5. Functions of the CollegeProvision

The College has functions including providing facilities for college education, expanding educational opportunities in approved disciplines, providing consultancy in health areas, developing health trainers, undertaking approved research, conducting examinations and granting diplomas and certificates, determining who may teach and what and how it is taught, and proposing establishment of campuses and faculties.

Section 5. Functions of the College Section 5(1)(a) to provide facilities for college education for national health manpower requirements, in addition to facilities provided by universities, other colleges, or schools or institutions; Section 5(1)(b) to play an effective role in the development and expansion of opportunities for Kenyans wishing to continue with their education in the disciplines approved by the Academic Council; Section 5(1)(c) to provide consultancy services in health related areas; Section 5(1)(d) to develop health trainers who can effectively teach, conduct operational research, develop relevant and usable health learning materials and manage health training institutions; Section 5(1)(e) to undertake research in disciplines and matters approved by the Academic Board either directly or through the medium of connected universities, or other colleges, schools or institutions; Section 5(1)(f) to conduct examinations for and to grant diplomas, certificates, and other awards of the College; Section 5(1)(g) to determine who may teach and what may be taught and how it may be taught in the College; and Section 5(1)(h) to examine and make proposals for the establishment of campuses and faculties. Section 5(2) For the better carrying out of the functions and objects of the College, the Board of Directors may establish faculties of the College. [Act No. 5 of 2019 , Sch.]

Section 5Verify source

§ 6ESTABLISHMENT AND FUNCTIONS OF THE COLLEGE - 6. Admission to the CollegeProvision

Admission to the College is open to all persons accepted as qualified by the Academic Board without distinction of race, tribe, place of origin or residence, political opinion, colour, creed or sex.

Section 6. Admission to the College Section Admission to the College as candidates for diplomas, certificates or other awards shall be open to all persons accepted as being qualified by the Academic Board, without distinction of race, tribe, place of origin or residence or other local connections, political opinion, colour, creed or sex; and no barrier based on any such distinction shall be imposed upon any person as a condition of his becoming, or continuing to be a lecturer, graduate, or student of the College, or of his holding office in the College, nor shall any preference be given to, or advantage be withheld from, any person on the grounds of any such distinction.

Section 6Verify source

Part III

MEMBERSHIP AND GOVERNMENT OF THE COLLEGE

§ 10MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 10. Functions of the Board of DirectorsProvision

The Board of Directors has governance, control and administration of the College and specified functions including administering property and funds, receiving gifts and disbursing funds, setting fee scales in consultation with the Cabinet Secretary, providing for staff and student welfare, associating with other institutions, making regulations on student conduct after consultation with the Academic Council, and making investments on behalf of the College.

Section 10. Functions of the Board of Directors Section 10(1) Subject to this Act and without prejudice to any written law, trust, deed or other instrument, or power by or under which a constituent training centre is established, the government, control and administration of the College shall be vested in the Board of Directors. Section 10(2)(a) to administer the property and funds of the College in a manner and for purposes which shall promote the best interests of the College; but the Board of Directors shall not charge or dispose of immovable property of the College except in accordance with the procedures laid down by the State Corporations Advisory Committee established under the State Corporations Act (Cap. 446); Section 10(2)(b) to receive, on behalf of the College or a campus, gifts, donations, grants or other moneys and to make disbursements therefrom to the campuses or other bodies or persons; Section 10(2)(c) in consultation with the Cabinet Secretary, to determine the scales of fees payable by or in respect of students at the College and to prescribe the conditions under which fees may be remitted in whole or in part; Section 10(2)(d) to provide for the welfare of the staff and students of the College; Section 10(2)(e) to enter into association with universities, other colleges and other institutions of learning whether within Kenya or otherwise, as the Board of Directors may deem necessary and appropriate; Section 10(2)(f) to make, after consultation with the Academic Council, regulations governing the conduct and discipline of students of the College; and Section 10(2)(g) to make investments on behalf of the College.

Section 10Verify source

§ 11MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 11. The Academic CouncilProvision

Section 11 establishes the Academic Council's membership and assigns it duties to oversee academic standards, propose regulations, decide awards, initiate proposals and make regulations; it also restricts the Board of Directors from acting on certain academic matters except after receiving a report or proposal from the Academic Council and in consultation with it, and limits student members from attending certain confidential deliberations.

Section 11. The Academic Council Section 11(1)(a) the Chief Executive Officer, who shall be the Chairperson of the Academic Council; Section 11(1)(b) four Deputy Directors; Section 11(1)(c) one head of the faculties of the College appointed by the Board; Section 11(1)(d) one head of each campus appointed by the Board; Section 11(1)(e) two members of the academic staff of the College, not being members of the Academic Council under any other provisions of this subsection, elected by the College Staff Association; and Section 11(1)(f) two student members elected by the student body of the College, except that the student members shall not be entitled to attend deliberations of the Academic Council on matters which are considered by the Chief Executive Officer to be confidential and which relate to examinations, the general discipline of students and other related matters. Section 11(2)(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any diploma, certificate or other award of the College, and to report its findings to the Board of Directors; Section 11(2)(b) to propose regulations to be made by the Board of Directors regarding the standard of proficiency to be gained in each examination for a diploma, certificate or other award; Section 11(2)(c) to decide which persons have attained such standard of proficiency or are otherwise fit to be granted the diploma, certificate or other award; Section 11(2)(d) to initiate proposals relating to the conduct of the College generally, and to discuss any matter relating to the College, including the establishment of faculties or training programmes, and make representations thereon to the Board of Directors; Section 11(2)(e) to make regulations governing such other matters as are within its powers in accordance with the provisions of this Act or the statutes; Section 11(2)(f) selection and admission of students; and Section 11(2)(g) to establish technical committees to enable the Academic Council to carry out the necessary functions. Section 11(3) Notwithstanding any other provisions of this Act, the Board of Directors shall not initiate any action in respect of any of the matters mentioned in subsection (2)(a), (b) or (c), except upon receipt of a report or proposal of the Academic Council thereunder and except in consultation with the Academic Council. Section 11(4) Subsection (2) shall be construed to incorporate the provisions of all other written laws that govern training, registration, enrolment and licensing of health professionals. [Act No. 5 of 2019 , Sch.]

Section 11Verify source

§ 12MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 12. The Alumni AssociationProvision

Establishes an Alumni Association composed of past and future graduates (and others prescribed by statute) and gives the Association the right to meet, discuss college matters, transmit resolutions to the Board of Directors and Academic Council, and to exercise other functions as prescribed by statute.

Section 12. The Alumni Association Section 12(1) There shall be an Alumni Association of the College which shall consist of the past and future graduates of the College and such other persons as may be prescribed by the statutes. Section 12(2) The Alumni Association shall have the right to meet and discuss any matter relating to the College and to transmit resolutions thereon to the Board of Directors and the Academic Council, and may exercise such other functions as the statutes may prescribe. [Act No. 5 of 2019 , Sch.]

Section 12Verify source

§ 13MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 13. The staff of the CollegeProvision

Section 13 defines the composition of academic and administrative staff, authorises the Board of Directors to determine administrative staff and to delegate appointment powers, and makes staff subject to the Board and Chief Executive Officer.

Section 13. The staff of the College Section 13(1) The academic staff of the College shall consist of the Chief Executive Officer, the Deputy Directors, the Librarian and all members of staff who are engaged in teaching or research. Section 13(2) The administrative staff of the College shall consist of a finance officer and such other members of the staff, not being engaged in teaching or research, as the Board of Directors may from time to time, determine. Section 13(3)(a) upon such terms and conditions of service as may be prescribed by the statutes; or Section 13(3)(b) in the case of an officer seconded from the service of any university, university college or similar institution, any other college, the Government or any other public service or service of a state corporation, on such terms and conditions as may be agreed between the Board of directors and the seconding body. Section 13(4) The Board of Directors may, subject to such restrictions, if any, as it may impose, delegate, either generally or specially, to any person or committee, the power to appoint any member of the staff of the College. Section 13(5)(a) be subject to the general authority of the Board of Directors and of the Chief Executive Officer; Section 13(5)(b) be deemed to be employed on a full-time basis unless specifically provided by the statutes or by the terms of a particular appointment. Section 13(6) There may be established with the approval of the Board of Directors a College Staff Association. [Act No. 5 of 2019 , Sch.]

Section 13Verify source

§ 14MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 14. Performance of functions in absence of office holdersProvision

If the Chief Executive Officer is incapacitated, the Deputy Director appointed by the Board performs the CEO's functions; if both CEO and Deputy Directors are incapacitated, the Cabinet Secretary (after consulting the Board) appoints an Academic Council member to perform them; the CEO may appoint someone to perform functions of other incapacitated members. “Incapacity” means absence from Kenya or inability for any other reason to perform the functions.

Section 14. Performance of functions in absence of office holders Section 14(1) In the event of the incapacity, the functions of the Chief Executive Officer shall, during the incapacity, be performed by the Deputy Director appointed for that purpose by the Board of Directors. Section 14(2) In the event of the simultaneous incapacity of the Chief Executive Officer and the Deputy Directors, the Cabinet Secretary, after consultation with the Board of Directors, shall appoint a member of the Academic Council to perform the functions of the Chief Executive Officer during such incapacity. Section 14(3) In the event of the incapacity of any member of the college, other than the Chief Executive Officer, the Chief Executive Officer may appoint a suitable person to perform the functions of the member during the incapacity. Section 14(4) In this section “incapacity” means absence from Kenya or inability for any other reason to perform the functions of the office concerned. [Act No. 5 of 2019 , Sch.]

Section 14Verify source

§ 7MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 7. Membership of the CollegeProvision

Membership of the College: the Chief Executive Officer.

Section 7. Membership of the College Section the Chief Executive Officer;

Section 7Verify source

§ 8MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 8. The Chief Executive Officer and Deputy DirectorsProvision

Sets qualification, experience and other requirements for the Chief Executive Officer and Deputy Directors; assigns responsibilities and specifies the CEO's four-year term with one renewal; gives the Board power to appoint a Corporation Secretary.

Section 8. The Chief Executive Officer and Deputy Directors Section 8(1)(a) hold a masters' degree in the relevant field from a university recognized in Kenya; Section 8(1)(b) have at least ten years' knowledge and experience in the relevant field; Section 8(1)(c) meet the requirements of Chapter Six of the Constitution; and Section 8(1)(d) have served in a position of senior management for a period of at least five years. Section 8(2)(a) have overall responsibility for the direction, organization, administration and programmes of the College; Section 8(2)(b) be the Chairperson of the Academic Board; and Section 8(2)(c) be responsible to the Board of Directors for the general conduct and discipline of the staff and students. Section 8(3)(a) academic; Section 8(3)(b) finance, planning and administration; Section 8(3)(c) research and innovation; and Section 8(3)(d) business development, resource mobilization and consultancy. Section 8(4) The Chief Executive Officer shall hold office for a term of four years and shall be eligible for reappointment for one further term of four years subject to satisfactory performance of duties. Section 8(5) There shall be a Corporation Secretary to the Board who shall be appointed by the Board, on such terms and conditions of service as the Board may determine. [Act No. 5 of 2019 , Sch.]

Section 8Verify source

§ 9MEMBERSHIP AND GOVERNMENT OF THE COLLEGE - 9. The Board of DirectorsOffence

Section 9 defines the Board of Directors' composition, meeting rules, voting rights, quorum, tenure, vacancies and related powers and duties.

Section 9. The Board of Directors Section 9(1)(a) have a minimum of a bachelors' degree in a relevant field from a university recognised in Kenya; and Section 9(1)(a)(i) have a minimum of a bachelors' degree in a relevant field from a university recognised in Kenya; and Section 9(1)(a)(ii) have at least ten years' experience in leadership and management; Section 9(1)(b) the Chief Executive Officer who shall be an ex officio member; Section 9(1)(c) the Principal Secretary in the Ministry for the time being responsible for health or their designated representative; Section 9(1)(d) the Principal Secretary in the Ministry for the time being responsible for National Treasury or their designated representative; Section 9(1)(e) the Director-General of Health or their designated representative; Section 9(1)(f) three independent members appointed by the Cabinet Secretary taking into consideration gender balance, regional balance and skills mix; and Section 9(1)(g) one person with knowledge and expertise in finance or audit appointed by the Cabinet Secretary. Section 9(1A) The Chairperson shall preside over all meetings of the Board of Directors and in his or her absence the members present shall choose one of the members to act as the Chairperson. Section 9(1B) A person appointed to act as Chairperson shall have all the powers and privileges of the Chairperson in respect of the meeting at which he or she presides. Section 9(1C) The Board of Directors shall meet at least once every three months. Section 9(1D) Each member of the Board of Directors shall have a deliberative vote and the Chairperson for the time being at any meeting of the Board shall, in addition to the deliberative vote have a casting vote. Section 9(1E) Two-thirds of the members of the Board of Directors, including the Chairperson, shall constitute a quorum at any meeting of the Board, and all acts, matters or things authorized or required to be done by the Board of Directors, may be decided at any meeting at which a quorum is present. Section 9(1F) The powers of the Board of Directors shall not be affected by any vacancy in membership thereof. Section 9(1G) The Chief Executive Officer shall be a member without voting rights. Section 9(1H)(a) audit; Section 9(1H)(b) governance; Section 9(1H)(c) risk; Section 9(1H)(d) compliance; Section 9(1H)(e) finance; Section 9(1H)(f) human resource; Section 9(1H)(g) strategy; and Section 9(1H)(h) technical matters. Section 9(2) Subject to subsection (3), a member of the Board of Directors, other than an ex officio member, shall hold office for a period of three years from the date of appointment specified in the instrument of appointment, but shall be eligible for reappointment for one further term. Section 9(3)(a) he resigns from office by writing to the appointing authority; Section 9(3)(a)(i) he resigns from office by writing to the appointing authority; Section 9(3)(a)(ii) he is convicted of an offence and sentenced to imprisonment for a term exceeding six months without the option of a fine; Section 9(3)(a)(iii) he is absent, without permission of the Board of Directors, from three consecutive meetings; Section 9(3)(b) if the Board of Directors is satisfied that such member is, by reason of physical or mental infirmity, unable to exercise the functions of his office; Section 9(3)(c) upon death; Section 9(3)(d) upon adjudication of bankruptcy by a court of competent jurisdiction; Section 9(3)(e) upon conviction of an offence related to fraud; or Section 9(3)(f) upon the conviction for offence under this Act. Section 9(4) Where the office of a member of the Board of Directors becomes vacant under subsection (3), the Chief Executive Officer shall forthwith notify the vacancy to the appropriate appointing body or person. Section 9(5) Notwithstanding the provisions of this section, the procedure and conduct of affairs of the Board of Directors shall be regulated by the statutes. [Act No. 5 of 2019 , Sch.]

Section 9Verify source

Part IV

FINANCIAL PROVISIONS

§ 15FINANCIAL PROVISIONS - 15. Financial yearProvision

The College's financial year runs for twelve months from 1st July to 30th June of the next year.

Section 15. Financial year Section The financial year of the College shall be the period of twelve months commencing on the 1st July and ending on the 30th June in the next succeeding year.

Section 15Verify source

§ 16FINANCIAL PROVISIONS - 16. Investment of fundsProvision

The Board of Directors may invest College funds in certain securities and may place surplus moneys on deposit with banks.

Section 16. Investment of funds Section 16(1) The Board of Directors may invest any of the funds of the College in securities in which for the time being trustees may by law invest trust funds or in any other securities which the National Treasury may from time to time approve for the purpose. Section 16(2) The Board of Directors may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the College. [Act No. 5 of 2019 , Sch.]

Section 16Verify source

§ 17FINANCIAL PROVISIONS - 17. Annual estimatesCommencement

The Board of Directors must prepare and approve annual revenue and expenditure estimates before the start of each financial year, submit them to the Cabinet Secretary for approval, and may not increase sums in the estimates without the Cabinet Secretary's consent; the Board may create funds and the College may seek authorization for reallocations with prior Cabinet Secretary approval.

Section 17. Annual estimates Section 17(1) Before the commencement of a financial year, the Board of Directors shall cause to be prepared estimates of the revenue and expenditure of the College for that year. Section 17(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the College; Section 17(2)(b) for the payment of the pensions, gratuities and other charges in respect of the retirement benefits which are payable out of the funds of the College; Section 17(2)(c) for the proper maintenance of the buildings and grounds of the College; Section 17(2)(d) for the proper maintenance, repair and replacement of the equipment and other movable property of the College; Section 17(2)(e) for the funding of the cost of teaching and research activities of and in the College; Section 17(2)(f) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment and in respect of such other matters as the Board of Directors may think fit. Section 17(3) Annual estimates shall be approved by the Board of Directors before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval and after the Cabinet Secretary has given his approval the Board of Directors shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary. Section 17(4) No expenditure shall be incurred for the purposes of the College except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Board of Directors given with the prior approval of the Cabinet Secretary. Section 17(5) Where justifiable reasons exist, the College may seek authorization of the Board of Directors given with the prior approval of the Cabinet Secretary for reallocation of funds. Section 17(6)(a) the Exchequer; Section 17(6)(b) fees charged by the College; Section 17(6)(c) the income from resource mobilization; and Section 17(6)(d) any other source that the Board of Directors may authorize.

Section 17Verify source

§ 18FINANCIAL PROVISIONS - 18. Accounts and auditProvision

The Board of Directors must keep full books and records for the College; the Auditor-General must audit and report on the College accounts annually; and the College must pay the expenses of the audit.

Section 18. Accounts and audit Section 18(1) The Board of Directors shall cause to be kept all proper books and records of account of the income, expenditure and assets of the College. Section 18(2)(a) a statement of income and expenditure during the year; and Section 18(2)(b) a statement of the assets and liabilities of the College on the last day of that year. Section 18(3) The accounts of the College shall be audited and reported on annually by the Auditor-General in accordance with the Public Audit Act (Cap. 412B). Section 18(4) The expenses of and incidental to the auditing of the accounts of the College shall be borne by the College. [Act No. 5 of 2019 , Sch.]

Section 18Verify source

Part V

MISCELLANEOUS PROVISIONS

§ 19MISCELLANEOUS PROVISIONS - 19. StatutesProvision

Section 19 enumerates specific subject-matter for statutes concerning the College, including establishment of faculties, academic qualifications and award requirements, conduct of examinations, fees and user charges, staff terms and conditions (appointment, dismissal, retirement benefits), Board constitution and committees, and rules for the students’ association.

Section 19. Statutes Section 19(1)(a) the establishment of faculties, institutes and schools of the College; Section 19(1)(b) the description of diplomas, certificates and other academic qualifications; Section 19(1)(c) the requirements for the award of diplomas, certificates and other academic qualifications; Section 19(1)(d) the conduct of examinations; Section 19(1)(e) prescribing fees and user charges; Section 19(1)(f) settling the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the College; Section 19(1)(g) the constitution and procedure of meetings of the Board of Directors and the establishment, composition and terms of reference of committees of the Board of Directors; Section 19(1)(h) prescribing the rules and regulations for the students’ association. Section 19(2) deleted by ActNo. 5 of 2019, Sch. Section 19(3) deleted by ActNo. 5 of 2019, Sch. Section 19(4) deleted by ActNo. 5 of 2019, Sch. [Act No. 5 of 2019 , Sch.]

Section 19Verify source

§ 20MISCELLANEOUS PROVISIONS - 20. Protection of nameOffence

Public officers registering companies or business names must not accept names combining “College” with “Kenya Medical Training” or “Medical Training” without the Board of Directors' written consent; any person who uses "Kenya Medical Training College" in advertisements without that consent commits an offence punishable by a fine up to five hundred thousand shillings or up to two years' imprisonment or both.

Section 20. Protection of name Section 20(1) Notwithstanding any other written law, no public officer performing functions relating to the registration of companies or business names shall accept for registration any name which includes together with the word “College” the words “Kenya Medical Training” or the words “Medical Training” unless the application for the registration is accompanied by the written consent of the Board of Directors. Section 20(2) Any person who, except with the written consent of the Board of Directors, uses the words "Kenya Medical Training College" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling or profession commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. [Act No. 5 of 2019 , Sch.]

Section 20Verify source

§ 21MISCELLANEOUS PROVISIONS - 21. Amendment of SchedulesAmendment

The Cabinet Secretary may, in consultation with the Board of Directors and by notice in the Gazette, amend the Schedule.

Section 21. Amendment of Schedules Section The Cabinet Secretary may in consultation with the Board of Directors, by notice in the Gazette , amend the Schedule. [Act No. 5 of 2019 , Sch.]

Section 21Verify source

§ 22MISCELLANEOUS PROVISIONS - 22. Transitional provisionsCommencement

Section 22. Transitional provisions Section 22(1) The funds, assets and other movable and immovable property held by the Government for and on behalf of the institution hitherto known as the College of Health Professions, Nairobi, shall be vested in the College. Section 22(2) Every public officer employed to effect or amend any entry in any register relating to property, or to issue or amend any certificate, or other document affecting or evidencing title to property shall do everything necessary under the law to transfer any property vested in the College by this paragraph. Section 22(3) All rights, powers, liabilities and duties whether arising under any written law or otherwise, vested in, imposed on, or enforceable by or against the Government for or in respect of the institution hitherto known as the College of Health Professions, Nairobi, shall be transferred to, vested in, imposed on or enforceable by or against the College. Section 22(4) Any action, suit or legal arbitration proceedings, or any application to any authority, by or against the Government for or in respect of the College of Health Professions, Nairobi, shall not abate or be discontinued or be prejudicially affected because of this Act but may be prosecuted or continued by or against the College, and any judgment or award obtained by or against the Government for or in respect of the College of Health Professions, Nairobi, and not fully satisfied shall be enforceable by or against the College. Section 22(5) In any legal or arbitration proceedings concerning any right or liability transferred to or vested in the College by this Act, a certificate by the accounting officer of the Ministry for the time being responsible for matters relating to health that the right or liability has been so transferred or vested shall be prima facie evidence thereof. Section 22(6) Any reference in any written law, or in any document or any instrument, to the Government, for or in respect of the former College of Health Professions, Nairobi, shall be read and construed as a reference to the College established by this Act. Section 22(7) All directions, orders, rules, appointments, requirements, authorizations and any other things made or done by the Government for or in respect of the College of Health Professions, Nairobi, shall be deemed to have been given, made or done by the College. Section 22(8) Unless the Board of Directors otherwise directs, all persons who are members of the staff of the College of Health Professions, Nairobi, immediately before coming into operation of this Act, shall be members of staff of the College if they so desire and shall be deemed to have been appointed under this Act on the terms and conditions of service applicable to them immediately before the coming into operation of this Act. Section 22(9) Unless the Board of Directors otherwise directs, the faculties of the College of Health Professions, Nairobi, existing immediately before the commencement of this Act shall be deemed to be the faculties of the College established under section 5 (2). [Act No. 5 of 2019 , Sch.]

Section 22Verify source

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3 referenced instruments

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College if they so desire and shall be deemed to have been appointed under this Act
Section 22
College shall be audited and reported on annually by the Auditor-General in accordance with the Public Audit Act
Section 18
College. Section 10. Functions of the Board of Directors Section 10(1) Subject to this Act
Section 10

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31 Dec 2022 · currentEnglish

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