Kenya Act or statute

Parliament of Kenya

Kenya National Examinations Council Act

Jurisdiction: Kenya
Structure: 73 provisions
Citation: Cap. 214A
Dates: As at 31 Dec 2022

More statute details

Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This Act may be cited as the Kenya National Examinations Council Act.”

This Act may be cited as the Kenya National Examinations Council Act. Defines the term “Section” as an examination paper. Requires the Kenya National Examination Council and County Directors of Education to submit academic and co-curricular performance data of primary and secondary institutions; requires the Cabinet Secretary to publish ranks and results and empowers the Cabinet Secretary to make rules for ranking. Section 10 lists the Council's functions (setting and conducting examinations, awarding and replacing certificates, confirming authenticity, research, advice, promoting recognition, and incidental actions) and its rule-making and administrative powers including withholding results and appointing officers. The Council has the power to enter into association with other bodies or organizations within or outside Kenya to further its purposes.

How the instrument operates

01
Start with the recorded version

As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

PRELIMINARY - 1. Short title

This Act may be cited as the Kenya National Examinations Council Act.

Section 1

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 7. Term of Office of Chairperson and members

The Chairperson and the appointed members of the Council must serve for a four-year term; they are entitled to be re-appointed for one further term.

Section 7

OATH OF SECRECY, OFFENCES AND PENALTIES - 36. Disclosure of interest in examination or examination paper

People involved in conducting examinations or related work must disclose any private interest in the examination (including if a close relative is a candidate) to the Council or its nominee before starting duties, and must stop performing those duties unless…

Section 36

THE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40N. Enforcement of orders for costs

The Tribunal must issue, on application by the person in whose favour damages or costs are awarded, a certificate stating the amount; that certificate may be filed in the High Court and, when filed, is deemed a High Court decree and may be executed.

Section 40N

TRANSITIONAL PROVISIONS - 57. Staff eligible for re-appointment

Staff and officers of the former Council who were in office immediately before the effective date become staff or officers of the new Council (or Chief Executive Officer) on that date for any unexpired term; those who have served that t…

Section 57

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 31 Dec 2022

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 73 of 73 provisions

Provision 49Offence 18Commencement 3Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Kenya National Examinations Council Act.

Section 1. Short title Section This Act may be cited as the Kenya National Examinations Council Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines the term “Section” as an examination paper.

Section 2. Interpretation Section an examination paper;

Section 2Verify source

Part II

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL

§ 10ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 10. Functions of the CouncilProvision

Section 10 lists the Council's functions (setting and conducting examinations, awarding and replacing certificates, confirming authenticity, research, advice, promoting recognition, and incidental actions) and its rule-making and administrative powers including withholding results and appointing officers.

Section 10. Functions of the Council Section 10(1)(a) set and maintain examination standards, conduct public academic, technical and other national examinations within Kenya at basic and tertiary levels; Section 10(1)(b) award certificates or diplomas to candidates in such examinations; such certificates or diplomas, shall not be withheld from the candidate by any person or institution; Section 10(1)(c) confirm authenticity of certificates or diplomas issued by the Council upon request by the government, public institutions, learning institutions, employers and other interested parties; Section 10(1)(d) issue replacement certificates or diplomas to candidates or diplomas to candidates in such examinations upon acceptable proof of loss of the original; Section 10(1)(e) undertake research on educational assessment; Section 10(1)(f) advise any public institution on the development and use of any system of assessment when requested to do so, and in accordance with such terms and conditions as shall be mutually agreed between the Council and the public institution; Section 10(1)(g) promote the international recognition of qualifications conferred by the Council; Section 10(1)(h) advise the Government on any policy decision that is relevant to, or has implications on, the functions of the Council or the administration of examinations in Kenya; Section 10(1)(i) do anything incidental or conducive to the performance of any of the preceding functions. Section 10(2)(a) make rules regulating the conduct of examinations and for all purposes incidental thereto; Section 10(2)(b) make rules regulating the confirmation of examination results and for purposes incidental thereto; Section 10(2)(c) make rules regulating the conduct of issuance of replacement certificates or diplomas and for all purposes incidental thereto; Section 10(2)(d) make rules regulating the conduct of issuance of certificates or diplomas and for all purposes incidental thereto; Section 10(2)(e) withhold or cancel the results of candidates involved in examination irregularities or malpractices; Section 10(2)(f) appoint any officer responsible for education or training, including heads of education and training institutions to assist in the administration of examination as may be prescribed by the Council in consultation with the Cabinet Secretary; Section 10(2)(g) equate certificates issued by accredited foreign examining bodies with the qualifications awarded by the Council; Section 10(2)(h) conduct examinations on behalf of foreign states or entities upon request by such states or entities; Section 10(2)(i) conduct academic, technical and other examinations outside Kenya on request; Section 10(2)(j) offer examination services and other advisory services relevant to examinations to private institutions in Kenya upon request by such institution and on such terms as the Council may determine; Section 10(2)(k) invite such body in or outside Kenya, as the Council may consider necessary, to conduct on its behalf, academic, technical and other national examinations within Kenya, or to conduct these examinations jointly with the Council and to award certificates or diplomas to successful candidates in such examinations; Section 10(2)(l) co-operate with such bodies, under paragraph (k), in the performance of its functions; Section 10(2)(m) advise the bodies invited under paragraph (k) upon the adaptation of examinations necessary in Kenya and to assist any such bodies to conduct such examinations; Section 10(2)(n) to align its Regulations on the collection and processing of information which consists of personal data with the Data Protection Act.

Section 10Verify source

§ 10AESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 10A. Ranking of institutions of basic educationProvision

Requires the Kenya National Examination Council and County Directors of Education to submit academic and co-curricular performance data of primary and secondary institutions; requires the Cabinet Secretary to publish ranks and results and empowers the Cabinet Secretary to make rules for ranking.

Section 10A. Ranking of institutions of basic education Section 10A(1)(a) academic performance in national examinations; and Section 10A(1)(b) performance in co-curricular activities. Section 10A(2)(a) the Kenya National Examination Council shall submit to the Cabinet Secretary, data regarding the academic performance, in national examinations, of institutions of basic education that offer primary or secondary education; and Section 10A(2)(b) every County Director of Education shall submit the data regarding the performance, in co-curricular activities, of institutions of basic Education that offer primary or secondary education to the Director-General for transmission to the Cabinet Secretary. Section 10A(3) The Cabinet Secretary shall, as soon as practicable after receipt of the data referred under subsection (2), announce and publish the results and ranks of institutions as prescribed in subsection (1). Section 10A(4) The Cabinet Secretary may make rules for the purpose of ranking of institutions of basic education that offer primary or secondary education. Section 10A(5)(a) the form and method of categorization of institutions of basic education that offer primary or secondary education for ranking purposes; Section 10A(5)(b) the announcement and publication, of the results in national examinations and co-curricular activities, of institutions of basic education that offer primary or secondary education and their ranking; Section 10A(5)(c) the criteria to be used in ranking; Section 10A(5)(d) submission and management of data under subsection (3); and Section 10A(5)(e) any other matter that requires to be prescribed under this section. Section 10A(6)(a) "County Director of Education"; and Section 10A(6)(b) "Director General",

Section 10AVerify source

§ 11ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 11. Powers of the CouncilProvision

The Council has the power to enter into association with other bodies or organizations within or outside Kenya to further its purposes.

Section 11. Powers of the Council Section enter into association with such other bodies or organizations within or outside Kenya as it may consider desirable or appropriate and in furtherance of the purposes for which the Council is established;

Section 11Verify source

§ 12ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 12. Conduct of business and affairs of the CouncilProvision

Section 12(1) states that the conduct and regulation of the Council's business shall be as provided in the Schedule. Section 12(2) states that, except as provided in the Schedule, the Council may regulate its own procedure.

Section 12. Conduct of business and affairs of the Council Section 12(1) The conduct and regulation of the business and affairs of the Council shall be as provided in the Schedule. Section 12(2) Except as provided in the Schedule, the Council may regulate its own procedure.

Section 12Verify source

§ 13ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 13. Committees of the Council and delegationProvision

The Council may establish committees it deems necessary for performing its functions, and may delegate powers or functions to committees or to members, officers, employees or agents.

Section 13. Committees of the Council and delegation Section 13(1) The Council may establish such committees as it may deem necessary for the performance of its functions. Section 13(2) The Council may either generally or in any particular case, delegate to any committee or to any member, officer, employee or agent of the Council, the exercise of any of the powers or the performance of any of the functions of the Council under this Act.

Section 13Verify source

§ 14ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 14. Chief Executive OfficerProvision

The Council must appoint a Chief Executive Officer via competitive recruitment; the CEO serves five years, may be re-appointed once, is an ex officio (non‑voting) member, and has specified management responsibilities and is Secretary of the Council.

Section 14. Chief Executive Officer Section 14(1) There shall be a Chief Executive Officer of the Council who shall be appointed by the Council through a competitive recruitment process. Section 14(2) The Chief Executive Officer shall hold office for a period of five years on such terms and conditions of employment as the Council, in consultation with the Salaries and Remuneration Commission may determine, and shall be eligible for re-appointment for one further term. Section 14(3) The Chief Executive Officer shall be an ex officio member of the Council and shall have no right to vote at any meeting of the Council. Section 14(4)(a) responsible for the day to day management of the Council; Section 14(4)(b) responsible for the affairs and transactions of the Council, the exercise, discharge and performance of its objectives and functions, and the general administration of the Council; Section 14(4)(c) the Secretary of the Council.

Section 14Verify source

§ 15ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 15. Qualifications of Chief Executive OfficerProvision

The Chief Executive Officer must have at least a Masters' Degree from a recognised university, in education or another field relevant to the mandate of the Council.

Section 15. Qualifications of Chief Executive Officer Section at least a Masters' Degree from a recognised university, in education or other field relevant to the mandate of the Council;

Section 15Verify source

§ 16ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 16. Removal of Chief Executive OfficerProvision

The Council may suspend the Chief Executive Officer; the section lists grounds for removal and procedural protections including being informed in writing and given an opportunity to defend.

Section 16. Removal of Chief Executive Officer Section 16(1)(a) inability to perform functions of the office arising out of physical or mental incapacity; Section 16(1)(b) gross misconduct; Section 16(1)(c) bankruptcy; or Section 16(1)(d) incompetence. Section 16(2)(a) may be suspended from office by the Council; Section 16(2)(b) shall be informed in writing of the reasons for the intended removal; and Section 16(2)(c) shall be given an opportunity to put in a defence against any such allegations.

Section 16Verify source

§ 17ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 17. Staff of the CouncilProvision

Section 17. Staff of the Council Section The Council may appoint such officers, agents and other staff as are necessary for the proper and efficient discharge of its functions under this Act, and upon such terms and conditions of service as the Council may determine.

Section 17Verify source

§ 18ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 18. The common seal of the CouncilProvision

The common seal must be kept in the custody of the Chief Executive Officer; the seal must be authenticated by signature of the Chairperson and the Chief Executive Officer, and the Council must nominate a member to authenticate the seal if either office-holder is absent. Documents with the affixed seal are to be judicially and officially noticed, and the seal is not to be used except on the order of the Council.

Section 18. The common seal of the Council Section 18(1) The common seal of the Council shall be kept in the custody of the Chief Executive Officer, and shall not be used except upon the order of the Council. Section 18(2) The common seal of the Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Council under this section shall be presumed to have been duly given. Section 18(3) The common seal of the Council shall be authenticated by the signature of the Chairperson of the Council and the Chief Executive Officer: Provided that the Council shall, in the absence of either the Chairperson or the Chief Executive Officer, nominate one member of the Council to authenticate the seal of the Council, in any particular matter, on behalf of either the Chairperson or the Chief Executive Officer, as the case may be.

Section 18Verify source

§ 19ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 19. Protection from personal liabilityProvision

Members, officers, agents and staff of the Council are not personally liable for acts or omissions done in good faith while performing Council functions under this Act.

Section 19. Protection from personal liability Section No member, officer, agent or staff of the Council shall be personally liable for any act or omission done or omitted in good faith in carrying out any of the functions of the Council under this Act.

Section 19Verify source

§ 20ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 20. Liability for damagesProvision

The Council remains liable to pay compensation or damages to any person for injury caused by the exercise of any power conferred by this Act.

Section 20. Liability for damages Section The provisions of section 19 shall not relieve the Council of the liability to pay compensation or damages to any person for any injury caused by the exercise of any power conferred by this Act.

Section 20Verify source

§ 3ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 3. Establishment of the CouncilCommencement

Establishes the Kenya National Examinations Council and lists powers including suing and being sued; acquiring and disposing of property; borrowing and investing; entering into contracts; and performing other acts for its functions. It also states the Council is the successor to the prior Council.

Section 3. Establishment of the Council Section 3(1) There is established a council to be known as the Kenya National Examinations Council. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 3(2)(c) borrowing money or making investments; Section 3(2)(d) entering into contracts; and Section 3(2)(e) performing all other acts or things for the proper performance of its functions under this Act which may lawfully be done or performed by a body corporate. Section 3(3) The Council shall be the successor to the Council known as the Kenya National Examinations Council existing immediately before the commencement of this Act.

Section 3Verify source

§ 4ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 4. Composition of the CouncilProvision

The Council includes a Chairperson appointed by the President under section 5.

Section 4. Composition of the Council Section a Chairperson appointed by the President under section 5 ;

Section 4Verify source

§ 5ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 5. Appointment and qualifications of ChairpersonProvision

The President must appoint the Chairperson.

Section 5. Appointment and qualifications of Chairperson Section 5(1) The Chairperson shall be appointed by the President. Section 5(2)(a) holds at least a masters degree from a recognised university; Section 5(2)(b) has at least fifteen years experience in a senior position in the public service or as a practitioner in a relevant profession or industry; and Section 5(2)(c) satisfies the requirements of Chapter Six of the Constitution.

Section 5Verify source

§ 6ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 6. Qualifications of membersProvision

Members must possess at least a first degree from a recognised university.

Section 6. Qualifications of members Section possess at least a first degree from a recognised university;

Section 6Verify source

§ 7ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 7. Term of Office of Chairperson and membersProvision

The Chairperson and the appointed members of the Council must serve for a four-year term; they are entitled to be re-appointed for one further term.

Section 7. Term of Office of Chairperson and members Section The Chairperson and the appointed members of the Council shall serve for a term of four years, and shall be eligible for re-appointment for one further term.

Section 7Verify source

§ 8ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 8. Council may co-opt membersProvision

The Council may co-opt up to two members for special skills; co-opted members have no right to vote and serve for a period the Council determines.

Section 8. Council may co-opt members Section 8(1) The Council may co-opt not more than two members in order to benefit from any special skills as may be necessary for the better carrying out of the functions of the Council. Section 8(2)(a) have no right to vote on any matter before the Council; Section 8(2)(b) serve for such period as the Council may determine.

Section 8Verify source

§ 9ESTABLISHMENT, POWERS AND FUNCTIONS OF THE COUNCIL - 9. Vacation of officeOffence

Members of the Council (except ex officio members) may resign from office at any time; the Chairperson must give written notice to the President, other members to the Cabinet Secretary.

Section 9. Vacation of office Section 9(1) A member of the Council, other than an ex officio member, may at any time resign from office, in the case of the Chairperson by notice in writing to the President, and in any other case to the Cabinet Secretary. Section 9(2)(a) has been absent from three consecutive meetings of the Council; Section 9(2)(b) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or to a fine exceeding ten thousand shillings; Section 9(2)(c) is convicted of an offence involving dishonesty or fraud; Section 9(2)(d) is adjudged bankrupt or enters into a composition scheme or arrangement with his or her creditors; Section 9(2)(e) is incapacitated by physical or mental illness or is deemed otherwise unfit to discharge his or her duties as a member of the Council; or Section 9(2)(f) fails to comply with the provisions of this Act relating to disclosure.

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 21FINANCIAL PROVISIONS - 21. Funds of the CouncilProvision

The Council must retain all its funds and year-end balances for its established purposes and must establish a reserve account.

Section 21. Funds of the Council Section 21(1)(a) such moneys or assets as may accrue to or vest in the Council in the course of the exercise of its powers or the performance of its functions under this Act; Section 21(1)(b) such moneys as may be payable to the Council pursuant to this Act or any other written law; Section 21(1)(c) such gifts as may be given to the Council; Section 21(1)(d) such moneys as may be appropriated by Parliament for the purposes of the Council; and Section 21(1)(e) all moneys from any other source provided or donated to the Council. Section 21(2) All the funds of the Council and the balance at the end of each financial year shall be retained by the Council for the purposes for which the Council is established and shall, for that purpose, establish a reserve account.

Section 21Verify source

§ 22FINANCIAL PROVISIONS - 22. Financial yearProvision

The Council's financial year is the twelve‑month period starting 1 July and ending 30 June each year.

Section 22. Financial year Section The financial year of the Council shall be the period of twelve months commencing on the first day of July and ending on the thirtieth day of June in each year.

Section 22Verify source

§ 23FINANCIAL PROVISIONS - 23. Annual estimatesCommencement

The Chief Executive Officer must prepare annual revenue and expenditure estimates at least three months before each financial year; the Council must approve the estimates before the financial year starts.

Section 23. Annual estimates Section 23(1) At least three months before the commencement of each financial year, the Chief Executive Officer shall prepare estimates of the revenue and expenditure of the Council for that year. Section 23(2)(a) payment of the salaries, allowances and other charges in respect of members and staff of the Council; Section 23(2)(b) payment of pensions, gratuities and other charges in respect of members and staff of the Council; Section 23(2)(c) procurement of goods and services by the Council; Section 23(2)(d) proper maintenance of the buildings and grounds of the Council; Section 23(2)(e) maintenance, repair and replacement of the equipment and other property of the Council; and Section 23(2)(f) creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment, or in respect of such other matter as the Council may deem appropriate. Section 23(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and, once approved, the sum provided in the estimates shall be submitted to the Cabinet Secretary for approval. Section 23(4) No expenditure shall be incurred for the purposes of the Council except in accordance with the annual estimates approved under subsection (3), or in pursuance of an authorisation of the Council given with prior written approval of the Cabinet Secretary, and the Principal Secretary to the National Treasury.

Section 23Verify source

§ 24FINANCIAL PROVISIONS - 24. Accounts and auditProvision

The Council must keep proper books and records of its income, expenditure, liabilities and assets.

Section 24. Accounts and audit Section 24(1) The Council shall cause to be kept proper books and records of accounts of the income, expenditure, liabilities and assets of the Council. Section 24(2)(a) a statement of the comprehensive income and expenditure of the Council during that year; and Section 24(2)(b) the financial position of the Council on the last day of that year. Section 24(3) The accounts of the Council shall be audited and reported upon in accordance with the provisions of the Public Audit Act (Cap. 412B).

Section 24Verify source

§ 25FINANCIAL PROVISIONS - 25. Investment of fundsProvision

The Council may invest its funds in approved securities or banks and may place moneys not immediately required on deposit with a bank it determines.

Section 25. Investment of funds Section 25(1) The Council may invest any of its funds in securities in which for the time being trustees may by law invest trust funds, or in any other securities or banks which the National Treasury may, from time to time, approve for that purpose. Section 25(2) The Council may place on deposit, with such bank as it may determine, any moneys not immediately required for the purpose of the Council.

Section 25Verify source

Part IV

OATH OF SECRECY, OFFENCES AND PENALTIES

§ 26OATH OF SECRECY, OFFENCES AND PENALTIES - 26. Oath of secrecyOffence

The Council may require officers, agents or staff involved in Council work or examinations to take an oath of secrecy; those who breach the oath commit an offence punishable by up to five years' imprisonment or a fine not exceeding one million shillings, or both.

Section 26. Oath of secrecy Section 26(1) The Council may require an officer, agent or staff performing the work of the Council or being engaged in the conduct of any examination or the handling of any examination paper or material, to take and subscribe such oath of secrecy as the Council may prescribe. Section 26(2) An officer, agent or staff who, having complied with the provisions of subsection (1), does or omits to do any act in contravention of the oath of secrecy, commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding five years or a fine not exceeding one million shillings, or to both.

Section 26Verify source

§ 27OATH OF SECRECY, OFFENCES AND PENALTIES - 27. Unauthorised possession of examination paper, material or informationOffence

It is an offence for a person to have or control examination papers, material or information relating to an examination without lawful excuse; on conviction the person may be imprisoned for up to ten years, fined up to two million shillings, or both.

Section 27. Unauthorised possession of examination paper, material or information Section 27(1) A person who, before or during an examination, has in his or her possession or under his or her control any examination paper or any part thereof, or any material or information purporting to relate to the contents of any paper or material for that examination, without lawful excuse, commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding ten years, or a fine not exceeding two million shillings, or to both. Section 27(2) For purposes of proving an offence under subsection (1), it shall not be necessary for the prosecution to prove that the paper, material or information for the examination is real or false. Section 27(3) A person who, negligently or wilfully, assists or causes any examination candidate to obtain or gain unauthorised possession of any examination paper, material or information or any part thereof, commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding ten years, or a fine not exceeding two million shillings, or to both.

Section 27Verify source

§ 28OATH OF SECRECY, OFFENCES AND PENALTIES - 28. Examination malpracticesOffence

Prohibits giving an examination paper or material to a candidate or another person without lawful authority before or during an examination.

Section 28. Examination malpractices Section before or during an examination, gives an examination paper or material to a candidate or another person without lawful authority;

Section 28Verify source

§ 29OATH OF SECRECY, OFFENCES AND PENALTIES - 29. Loss or misuse of examination paper or materialOffence

A person who negligently or wilfully loses or uses examination papers, materials or related information in a way that prejudices an examination commits an offence and on conviction faces imprisonment up to five years, a fine up to one million shillings, or both.

Section 29. Loss or misuse of examination paper or material Section A person who, having in his or her possession or under his or her control any examination paper, material or any information relating thereto, negligently or wilfully loses such examination paper, material or such information, or uses such examination paper, material or such information in a manner prejudicial to the proper and fair conduct of any examination, commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding five years, or a fine not exceeding one million shillings, or to both.

Section 29Verify source

§ 30OATH OF SECRECY, OFFENCES AND PENALTIES - 30. Damage or destruction to examination material or facilitiesOffence

A person who wilfully and maliciously damages examination materials, facilities, or related evidence commits an offence and may be punished on conviction by up to five years' imprisonment, a fine of up to five million shillings, or both.

Section 30. Damage or destruction to examination material or facilities Section A person, who wilfully and maliciously damages examination material or facilities, or any evidence that could have led to a conviction under this Act, commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding five years, or a fine not exceeding five million shillings, or to both.

Section 30Verify source

§ 31OATH OF SECRECY, OFFENCES AND PENALTIES - 31. ImpersonationOffence

Making, aiding, or allowing impersonation in connection with an examination is an offence; penalties include up to two years' imprisonment or a fine up to two million shillings and possible prohibition from taking an examination for up to three years.

Section 31. Impersonation Section 31(1)(a) is not registered to take a particular examination but, with intent to impersonate, presents or attempts to present himself or herself to take the part of a candidate; Section 31(1)(b) registers for an examination using a false name or identity; or Section 31(1)(c) falsely uses a certificate, testimonial, signature, photograph or a document of some other person to represent that other person, Section 31(2) A person who is registered to take a particular examination but knowingly allows another person to take that examination on his or her behalf commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to a fine not exceeding two million shillings and may in addition to this penalty, be prohibited from taking an examination for a period not exceeding three years immediately after the commission of the offence.

Section 31Verify source

§ 32OATH OF SECRECY, OFFENCES AND PENALTIES - 32. Copying at an examinationOffence

Copying from another candidate's script at an examination.

Section 32. Copying at an examination Section copies from the script of another candidate;

Section 32Verify source

§ 33OATH OF SECRECY, OFFENCES AND PENALTIES - 33. Possession of offensive material and disturbances at examinationsOffence

Possessing or using offensive weapons or inciting disorder is prohibited; if the offender is a candidate the Council must cancel their results and bar them from examinations for up to three years.

Section 33. Possession of offensive material and disturbances at examinations Section 33(1)(a) has in his or her possession any offensive weapon or other material or uses any offensive weapon or other material on any other person; or Section 33(1)(b) acts or incites any other person to act in a disorderly manner, Section 33(2) If the offender under this section is a candidate, the Council shall, in addition to the penalty prescribed in subsection (1), cancel the entire results of the candidate and prohibit the candidate from taking an examination for a period of not exceeding three years immediately after the commission of the offence.

Section 33Verify source

§ 34OATH OF SECRECY, OFFENCES AND PENALTIES - 34. Presentation of forged certificate, etcOffence

Section 34. Presentation of forged certificate, etc

Section 34. Presentation of forged certificate, etc Section a forged certificate or diploma, result slips or statement of results; or

Section 34Verify source

§ 35OATH OF SECRECY, OFFENCES AND PENALTIES - 35. Counterfeiting of certificates and diplomasOffence

Anyone who counterfeits a Council-issued certificate or diploma for commercial purposes is guilty of an offence and may be punished by up to ten years' imprisonment, a fine of up to ten million shillings, or both.

Section 35. Counterfeiting of certificates and diplomas Section A person who counterfeits, for commercial purposes, a certificate or diploma issued by the Council commits an offence and is liable, upon conviction, to imprisonment for a term not exceeding ten years, or a fine not exceeding ten million shillings, or to both.

Section 35Verify source

§ 36OATH OF SECRECY, OFFENCES AND PENALTIES - 36. Disclosure of interest in examination or examination paperCommencement

Section 36. Disclosure of interest in examination or examination paper Section 36(1) If a person engaged in the conduct of examinations or performing work connected with examinations is directly or indirectly interested in a private capacity in an examination or in any examination paper or information relating thereto or if the spouse, a child or parent of such person is a candidate in such examination, that person shall, as soon as practicable before the commencement of his or her duties in respect of such examination, disclose such interest to the Council or its nominee and he or she shall, unless the Council otherwise directs, cease to perform such duties. Section 36(2)(a) if the person is a staff of the Council, be subject to the Council’s disciplinary process; or Section 36(2)(b) if the person is an independent contractor, be liable to have the contract with the Council vitiated.

Section 36Verify source

§ 37OATH OF SECRECY, OFFENCES AND PENALTIES - 37. Request for informationOffence

The Chief Executive Officer (or an officer deputed by the CEO) may, in writing, request any person to provide information or produce documents relevant to the Council's functions; any person who refuses without reasonable cause to comply or who knowingly gives false information is addressed by subsection (2).

Section 37. Request for information Section 37(1) The Chief Executive Officer, or an officer deputed in that behalf by the Chief Executive Officer, may, in writing, request any person to furnish the Council with such information or to produce such documents or records as he or she deems necessary and relevant for the performance of the functions of the Council. Section 37(2)(a) refuses or fails without reasonable cause, to comply with a request under subsection (1); or Section 37(2)(b) in furnishing such information, makes a statement which he or she knows to be false,

Section 37Verify source

§ 38OATH OF SECRECY, OFFENCES AND PENALTIES - 38. Council to keep information confidentialOffence

The Council must keep information acquired under section 37 confidential and may disclose it only as necessary for performing its functions.

Section 38. Council to keep information confidential Section The Council shall keep information acquired under section 37 for its purposes confidential, and shall disclose such information only to the extent it considers necessary for the proper performance of its functions.

Section 38Verify source

§ 39OATH OF SECRECY, OFFENCES AND PENALTIES - 39. Improper disclosure of informationOffence

Improper disclosure contrary to subsection (1) is an offence punishable by a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding two years, or both.

Section 39. Improper disclosure of information Section 39(1)(a) in the course of his or her duties under this Act; or Section 39(1)(b) with the written consent of the Council. Section 39(2) A person who contravenes subsection (1) commits an offence and is 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.

Section 39Verify source

§ 40OATH OF SECRECY, OFFENCES AND PENALTIES - 40. Aiding and abetment of offenceOffence

A person who aids, abets, induces, incites or otherwise facilitates the commission of an offence under this Act commits an offence and, if convicted, is liable to the penalty prescribed in the relevant section.

Section 40. Aiding and abetment of offence Section A person who aids, abets, induces, incites or does an act in a manner that facilitates the commission of an offence under this Act, commits an offence and is liable, upon conviction, to the penalty prescribed under the respective section in relation to that offence.

Section 40Verify source

§ 40AOATH OF SECRECY, OFFENCES AND PENALTIES - 40A. Offences by examination officersOffence

Members, officers, agents or staff of the Council who, by omission or commission, cause an examination irregularity commit an offence and on conviction may face up to five years imprisonment or a fine not exceeding five million shillings, or both.

Section 40A. Offences by examination officers Section A member, officer, agent or staff of the Council whose omission or commission leads to an examination irregularity commits an offence and is liable upon conviction, to imprisonment for a term not exceeding five years or a fine not exceeding five million shillings, or both. [Act No. 27 of 2017 , s. 3.]

Section 40AVerify source

Part IVA

THE NATIONAL EXAMINATIONS APPEALS TRIBUNAL

§ 40BTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40B. National Examinations Appeals TribunalProvision

Establishes the National Examinations Appeals Tribunal and sets out its composition, nomination and appointment process, eligibility restrictions, and some member qualifications.

Section 40B. National Examinations Appeals Tribunal Section 40B(1) There is established a Tribunal to be known as the National Examinations Appeals Tribunal. Section 40B(2)(a) a Chairperson, nominated by the Judicial Service Commission, who shall be an advocate of the High Court of Kenya of at least fifteen years standing; Section 40B(2)(b) two persons nominated jointly by the associations for the time being representing headteachers and principals in the country; Section 40B(2)(c) one person having at least ten years' experience in marking examinations; and Section 40B(2)(d) one person nominated by the Technical and Vocational Education and Training Authority. Section 40B(3) The nominating bodies under subsection (2) shall nominate and submit the names of at least two nominees, being one man and one woman, to the Cabinet Secretary for appointment. Section 40B(4) The Cabinet Secretary shall appoint the members of the tribunal by notice in the Gazette . Section 40B(5) A person shall not be eligible for appointment under subsection (4) if at the time of appointment the person is an employee of the Council or was an employee of the Council five years before the date of appointment. Section 40B(6)(a) ensure that not more than two-thirds of the appointees are of the same gender; and Section 40B(6)(b) have regard to the principle of regional balance.

Section 40BVerify source

§ 40CTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40C. TenureProvision

The Chairperson serves for four years (eligible for one further term); Members serve for three years (eligible for one further three-year term).

Section 40C. Tenure Section 40C(1) The Chairperson of the Tribunal shall serve for a term of four years and shall be eligible for reappointment for one further term. Section 40C(2) A Member of the Tribunal shall serve for a term of three years and shall be eligible for reappointment for one further term of three years. [Act No. 27 of 2017 , s. 4.]

Section 40CVerify source

§ 40DTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40D. RemunerationProvision

Members of the Tribunal must be paid allowances as determined by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

Section 40D. Remuneration Section The members of the Tribunal shall be paid such allowances as the Cabinet Secretary may, in consultation with the Salaries and Remuneration Commission, determine. [Act No. 27 of 2017 , s. 4.]

Section 40DVerify source

§ 40ETHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40E. Vacancy in office of memberProvision

Member resigns by notice in writing addressed to the Cabinet Secretary.

Section 40E. Vacancy in office of member Section resigns by notice in writing addressed to the Cabinet Secretary;

Section 40EVerify source

§ 40FTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40F. Sittings of the TribunalProvision

The Tribunal must be ad hoc and must sit at such times and in such places as it appoints.

Section 40F. Sittings of the Tribunal Section The Tribunal shall be ad hoc and shall sit at such times and in such places as the Tribunal may appoint. [Act No. 27 of 2017 , s. 4.]

Section 40FVerify source

§ 40GTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40G. QuorumProvision

The Tribunal is properly constituted when at least three members are present; the Chairperson shall preside at meetings, and if absent the members elect one of themselves to chair.

Section 40G. Quorum Section 40G(1) The Tribunal shall be properly constituted if at least three of the members of the Tribunal are present. Section 40G(2) The Chairperson shall preside over all the meetings of the Tribunal and in the absence of the Chairperson the members shall elect one member from amongst themselves to chair the Tribunal. [Act No. 27 of 2017 , s. 4.]

Section 40GVerify source

§ 40HTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40H. Jurisdiction to hear appealsProvision

The Tribunal must consider all appeals against Council decisions to withhold, nullify or cancel examinations prepared and administered by the Council.

Section 40H. Jurisdiction to hear appeals Section The Tribunal shall consider all appeals made against a decision of the Council to withhold, nullify or cancel examinations prepared and administered by the Council. [Act No. 27 of 2017 , s. 4.]

Section 40HVerify source

§ 40ITHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40I. Secretariat of the TribunalProvision

The Cabinet Secretary must appoint a public officer in the Ministry responsible for education as secretary to the Tribunal; the Cabinet Secretary may, in consultation with that secretary, appoint other public officers as necessary to assist the Tribunal.

Section 40I. Secretariat of the Tribunal Section 40I(1) The Cabinet Secretary shall designate a public officer serving in the Ministry responsible for matters relating to education to be the secretary to the Tribunal. Section 40I(2) The Cabinet Secretary may, in consultation with the secretary, designate such other public officers as may be necessary to assist the Tribunal in the discharge its functions under this Act. [Act No. 27 of 2017 , s. 4.]

Section 40IVerify source

§ 40JTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40J. Appeals from decisions of the CouncilProvision

Persons or institutions aggrieved by the Council's decision to withhold or cancel results may appeal to the National Examinations Appeals Tribunal; appeals can be made via the County Director; the County Director must forward appeals within five days; parents/guardians must apply for minors; parties may appear or be represented.

Section 40J. Appeals from decisions of the Council Section 40J(1) A person who is aggrieved by a decision of the Council to withhold or cancel the results of a candidate may lodge an appeal to the Tribunal in the prescribed form. Section 40J(2) An institution that is aggrieved by the decision of the Council to withhold or cancel the results of the candidates in that institution may lodge an appeal to the tribunal in the prescribed form. Section 40J(3) Notwithstanding the provisions of subsection (1), a person aggrieved by a decision of the Council may appeal to the Tribunal through the County Director of Education in the County in which the applicant is resident. Section 40J(4) The County Director of Education shall transmit to the Tribunal any applications received under subsection (3) within five days of receipt. Section 40J(5) Where the person aggrieved by the decision of the Council is a minor, the application under subsection (1) shall be made by the parent or guardian of the minor. Section 40J(6)(a) in writing; and Section 40J(6)(b) lodged with the Tribunal within a period of fourteen days from the date of the decision of the Council. Section 40J(7) The parties to an appeal lodged under subsection (1) may appear before the Tribunal in person or be represented by an advocate or any other person whom the Tribunal may permit to be heard on behalf of such party. [Act No. 27 of 2017 , s. 4.]

Section 40JVerify source

§ 40KTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40K. Procedure of the TribunalProvision

The Tribunal must transmit applications to the Council within seven days, act without undue regard to technicalities, is not strictly bound by rules of evidence, and must determine primary-school appeals within 30 days and secondary-school appeals within 60 days of receipt.

Section 40K. Procedure of the Tribunal Section 40K(1) The Tribunal shall transmit a copy of the application made under section 40J and any other supporting documents to the Council within seven days of receipt of the application. Section 40K(2) In any proceedings under this Part, the Tribunal shall act without undue regard to technicalities and shall not be strictly bound by the rules of evidence. Section 40K(3)(a) within thirty days from the date of receipt of the application determine an appeal relating to examination results in respect of national examinations conducted at primary school level; and Section 40K(3)(b) within sixty days from the date of receipt of the application determine an appeal relating to examination results in respect of national examinations conducted at secondary school level.

Section 40KVerify source

§ 40LTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40L. Powers of the TribunalProvision

The Tribunal has the power to summon witnesses, take evidence on oath or affirmation, and order production of documents.

Section 40L. Powers of the Tribunal Section The Tribunal shall have the power to summon witnesses, take evidence on oath or affirmation and order the production of documents. [Act No. 27 of 2017 , s. 4.]

Section 40LVerify source

§ 40MTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40M. Decision of the tribunal on appealProvision

The Tribunal may confirm, set aside or vary a Council decision or make any other appropriate order, and must communicate its decision in writing to the parties within seven days from the date of the decision.

Section 40M. Decision of the tribunal on appeal Section 40M(1)(a) confirm, set aside or vary a decision of the Council; or Section 40M(1)(b) make such other order that it may consider appropriate. Section 40M(2) The Tribunal shall communicate its decision to the parties in writing within seven days from the date of the decision. [Act No. 27 of 2017 , s. 4.]

Section 40MVerify source

§ 40NTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40N. Enforcement of orders for costsProvision

Section 40N. Enforcement of orders for costs Section 40N(1) Where the Tribunal awards damages or costs in any matter before it, it shall, on application by the person in whose favour the damage or costs are awarded, issue to him a certificate stating the amount of the damages or costs. Section 40N(2) A certificate issued under subsection (1) may be filed in the High Court by the person in whose favour the damages or costs have been awarded and upon being so filed, shall be deemed to be a decree of the High Court and may be executed as such. [Act No. 27 of 2017 , s. 4.]

Section 40NVerify source

§ 40OTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40O. Appeals to the High CourtProvision

Appeals to the High Court are available where the decision of the Tribunal was contrary to law or to some usage having the force of law.

Section 40O. Appeals to the High Court Section the decision of the Tribunal was contrary to law or to some usage having the force of law;

Section 40OVerify source

§ 40PTHE NATIONAL EXAMINATIONS APPEALS TRIBUNAL - 40P. Rules and procedures of the TribunalProvision

The Tribunal must make rules within ninety days of the Act coming into effect to regulate its practice and procedure; those Rules must not require payment of fees by parties to an appeal and must prescribe required forms and anything else required under this Part.

Section 40P. Rules and procedures of the Tribunal Section 40P(1) The Tribunal shall make rules, within ninety days of the coming into effect of this Act, for regulating the practice and procedure for the Tribunal. Section 40P(2) Notwithstanding the provisions of subsection (1), the Rules regulating the practice and procedure of the Tribunal shall not provide for the payment of any fees by any of the parties to an appeal and shall prescribe forms and anything required to be prescribed under this Part. [Act No. 27 of 2017 , s. 4.]

Section 40PVerify source

Part V

LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS

§ 41LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 41. Limitation on right to go on strikeProvision

The constitutional right to strike is limited to the nature and extent set out in subsection (2).

Section 41. Limitation on right to go on strike Section 41(1) The right to go on strike guaranteed under Article 41(2)(d) of the Constitution is hereby limited under Article 24 of the Constitution only to the nature and extent contemplated under subsection (2). Section 41(2)(a) compromise the integrity of such examinations; Section 41(2)(b) compromise security information associated with such examination; Section 41(2)(c) compromise the rights and fundamental freedoms of other persons engaged in such examinations; or Section 41(2)(d) compromise the good order in the conduct of such examinations.

Section 41Verify source

§ 42LIMITATION OF RIGHTS AND FUNDAMENTAL FREEDOMS - 42. Limitation on right to access informationProvision

The right of access to information under Article 35 is limited under Article 24 to the nature and extent set out in subsection (2).

Section 42. Limitation on right to access information Section 42(1) The right to access to information guaranteed under Article 35 of the Constitution is hereby limited under Article 24 of the Constitution to the nature and extent contemplated under subsection (2). Section 42(2)(a) compromise the integrity of any examination administered by the Council; Section 42(2)(b) compromise the examination process; or Section 42(2)(c) compromise the right to privacy of any individual.

Section 42Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 43MISCELLANEOUS PROVISIONS - 43. Council may require assistance from State organ or public entityProvision

The Council may require a State organ or public entity to provide facilities and the services of its employees to assist the Council, and the State organ or public entity must provide them.

Section 43. Council may require assistance from State organ or public entity Section 43(1) The Council may require any State organ or public entity to provide such facilities and services of its employees as may be necessary to assist the Council in performing its functions or exercising its powers under this Act, and the State organ or the public entity shall provide accordingly. Section 43(2) Any misconduct by an employee of any such State organ or public entity, during the service of the Council, shall be punishable by the State organ or the public entity, as the case may be.

Section 43Verify source

§ 44MISCELLANEOUS PROVISIONS - 44. Council may require assistance from Teachers Service CommissionProvision

The Council may require the Teachers Service Commission to provide teachers' services temporarily to assist in administering examinations; the Council and the Commission must develop a common code of conduct; infringements by those employed under the assistance provision are punishable by the Commission.

Section 44. Council may require assistance from Teachers Service Commission Section 44(1) The Council may require the Teachers Service Commission to provide such services of persons employed or registered as teachers by the Commission as may be necessary to assist in the administration of examinations on temporary basis. Section 44(2) The Council and the Teachers Service Commission shall develop a common code of conduct to regulate the conduct of persons employed under subsection (1). Section 44(3) Any infringement of the code of conduct by a person employed under subsection (1) shall be punishable by the Teachers Service Commission.

Section 44Verify source

§ 45MISCELLANEOUS PROVISIONS - 45. Nullification of examination and investigationsProvision

The Council may suspend or nullify examinations or results and conduct investigations, and must withhold results pending investigation; it may call for information and documents.

Section 45. Nullification of examination and investigations Section 45(1) Where the Council is satisfied that there has been an irregularity in the course of any examination, the Council shall suspend or nullify such examination or any part thereof. Section 45(2) Where the Council is satisfied that there is reasonable cause to believe that the examination results of any candidate have been obtained by irregular means, the Council shall nullify the examination results of such candidate. Section 45(3) In the exercise of its powers under this section, the Council may conduct such investigations as it may deem necessary, and during such investigations, the Council shall withhold the examination results of any candidate pending conclusion of the investigations. Section 45(4) In the course of investigations under this section, the Council may call for such information or the production of such documents as the Council may require, and within such period, in such place and from such person as the Council may determine, to assist in the investigations.

Section 45Verify source

§ 46MISCELLANEOUS PROVISIONS - 46. Imposition of penalty on institutions for examinations irregularityOffence

If more than two‑thirds of an institution's candidates are found to have acted contrary to the Act, the Council must prohibit that institution from organizing, supervising or acting as the Council's agent in examinations for a period determined by the Council.

Section 46. Imposition of penalty on institutions for examinations irregularity Section Where more than two-thirds of the candidates at an institution which is registered to offer examinations are found to have acted contrary to the provisions of this Act, either before, during or after the examination, the Council shall prohibit such institution from organizing, supervising or acting as an agent of the Council in the conduct of an examination for a period determined by the Council.

Section 46Verify source

§ 47MISCELLANEOUS PROVISIONS - 47. Annual reportProvision

The Council must, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report on its operations and activities for the immediately preceding financial year.

Section 47. Annual report Section 47(1) The Council shall, within three months after the end of each financial year, prepare and submit to the Cabinet Secretary a report on its operations and activities for the immediately preceding financial year. Section 47(2)(a) the performance of the Council in the execution of its functions; Section 47(2)(b) the audited financial report of the Council; and Section 47(2)(c) such other information as the Cabinet Secretary may direct. Section 47(3) The Cabinet Secretary shall cause the report to be laid before the National Assembly as soon as is reasonably practicable after the National Assembly next sits after the Cabinet Secretary has received the report.

Section 47Verify source

§ 48MISCELLANEOUS PROVISIONS - 48. RulesOffence

The Council may make rules to carry into effect the Act, including rules on listed matters such as conduct of examinations, staff terms and discipline, financial procedures, and examination fees.

Section 48. Rules Section 48(1) The Council may make rules generally for the better carrying into effect the provisions of this Act. Section 48(2)(a) conduct of examinations; Section 48(2)(b) the nature and extent of examinations irregularity and the penalty thereof; Section 48(2)(c) the determination and management of examinations; Section 48(2)(d) equation of certificates including prescribing what examinations may be equated by the Council; Section 48(2)(e) the terms and conditions of service, including pension and other retirement benefits of the staff of the Council; Section 48(2)(f) measures for the discipline of the staff of the Council; Section 48(2)(g) the financial procedures of the Council; Section 48(2)(h) examination fees and other charges payable to the Council; Section 48(2)(i) prescribe any other matter which requires to be prescribed under this Act. Section 48(3)(a) the Kenya Certificate of Primary Education Examination or its equivalent; and Section 48(3)(b) the Kenya Certificate of Secondary Education Examination or its equivalent.

Section 48Verify source

Part VII

TRANSITIONAL PROVISIONS

§ 50TRANSITIONAL PROVISIONS - 50. Former Council to continue for two monthsProvision

The former Council must remain in office for no more than two months from the effective date while appointments are made, and while serving under that continuation it must not make appointments to Council offices.

Section 50. Former Council to continue for two months Section 50(1) The former Council shall continue in office for a period of not more than two months from the effective date as appointments are made to the Council and the former Council shall for all intents and purposes be deemed the Council appointed under this Act. Section 50(2) Despite subparagraph (1), the former Council shall not, while in office by virtue of subsection (1), make any appointments to any office of the Council under this Act.

Section 50Verify source

§ 51TRANSITIONAL PROVISIONS - 51. Assets and liabilities of former CouncilProvision

On the effective date, all funds, assets and other property formerly vested in the former Council vest in the Council; and all rights, powers and liabilities formerly vested in, imposed on or enforceable against the former Council vest in, are imposed on, or are enforceable against the Council.

Section 51. Assets and liabilities of former Council Section 51(1) On the effective date, all the funds, assets and other property, both movable and immovable, which immediately before such date were vested in the former Council shall, by virtue of this section vest in the Council. Section 51(2) On the effective date, all rights, powers and liabilities, which immediately before such date were vested in, imposed on or enforceable against the former Council shall, by virtue of this section, be vested in, imposed on or enforceable against the Council.

Section 51Verify source

§ 52TRANSITIONAL PROVISIONS - 52. Reference to former CouncilProvision

Any reference in any written law or in any document or instrument to the former Council shall, on and after the effective date, be construed to be a reference to the Council.

Section 52. Reference to former Council Section Any reference in any written law or in any document or instrument to the former Council shall, on and after the effective date, be construed to be a reference to the Council.

Section 52Verify source

§ 53TRANSITIONAL PROVISIONS - 53. Proceedings of former CouncilProvision

Proceedings that involved the former Council and were pending immediately before the effective date must continue with the Council in place of the former Council.

Section 53. Proceedings of former Council Section Any proceedings pending immediately before the effective date to which the former Council was a party shall be continued as if the Council was a party thereto in lieu of the former Council.

Section 53Verify source

§ 54TRANSITIONAL PROVISIONS - 54. Annual estimates of former CouncilProvision

Subsection (1) deems the former Council's annual estimates to be the Council's estimates for the remainder of that financial year; subsection (2) allows the Council to vary those estimates in a manner approved by the Cabinet Secretary.

Section 54. Annual estimates of former Council Section 54(1) The annual estimates of the former Council for the financial year in which the effective date occurs shall be deemed to be the annual estimates of the Council for the remainder of that financial year. Section 54(2) Any such estimates under subsection (1) may be varied by the Council in such manner as the Cabinet Secretary may approve.

Section 54Verify source

§ 55TRANSITIONAL PROVISIONS - 55. Agreements, deeds,etc., of former CouncilSubstitution

Agreements, deeds, bonds or other instruments involving the former Council are to have effect as if the Council were the party or affected instead of the former Council for anything to be done on or after the effective date.

Section 55. Agreements, deeds,etc., of former Council Section Every agreement, deed, bond or other instrument to which the former Council was a party or which affected the former Council and whether or not of such a nature that the rights, liabilities and obligations thereunder could be assigned, shall have effect as if the Council were a party thereto or affected thereby instead of the former Council, and as if for every reference therein to the former Council they shall be substituted in respect of anything to be done on or after the effective date.

Section 55Verify source

§ 56TRANSITIONAL PROVISIONS - 56. Administrative decisions of former CouncilProvision

Administrative decisions made by the former Council or by the Minister that were in force immediately before the effective date continue to have force after that date as if they were directions made by the Council or the Cabinet Secretary under this Act.

Section 56. Administrative decisions of former Council Section The administrative decisions made by the former Council or by the Minister, as the case may be, which are in force immediately before the effective date shall, on or after such date, have force as if they were directions made by the Council or the Cabinet Secretary under this Act.

Section 56Verify source

§ 57TRANSITIONAL PROVISIONS - 57. Staff eligible for re-appointmentProvision

Section 57. Staff eligible for re-appointment Section 57(1) Any staff or officer, including the Chief Executive Officer, of the former Council immediately before the effective date shall, on that date become a staff or officer of the Council, or the Chief Executive Officer, as the case may be for their unexpired term, if any. Section 57(2) Where a staff or officer of the Council, or the Chief Executive Officer has served their term as contemplated under subsection (1), such staff, officer or the Chief Executive Officer, as the case may be, shall be eligible for re-appointment under this Act.

Section 57Verify source

Legislative relationships

3 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

2 instruments

Council shall be audited and reported upon in accordance with the provisions of the Public Audit Act
Section 24
Council under this Act
Sections 13, 19, 50

T–Z

1 instrument

Tribunal The Tribunal must make rules within ninety days of the Act
Section 40P

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

31 Dec 2022 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.