Kenya Act or statute

Parliament of Kenya

Kenya School of Government Act

Jurisdiction: Kenya
Structure: 22 provisions
Citation: Cap. 185D
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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Purpose and legislative effect

“The short title of the Act is the Kenya School of Government Act.”

The short title of the Act is the Kenya School of Government Act. This section provides definitions for terms used in the Act: "Cabinet Secretary", "Campuses of the School", "Council", "Director-General", and "School". Section 10 establishes the Academic Board membership, specifies that the Director-General is chairperson and that the Director in charge of academic affairs is secretary, and lists the Board’s functions including programme development, entry-level determination and certification standards. The Academic Board may establish committees and co-opt persons, such co-opted persons hold office for a period the Board determines, and the Academic Board must regulate its own procedure. The common seal of the School must be kept in custody as the Council directs and may only be used as authorized; where required documents must be sealed and authenticated by the chairperson of the Council and the Director‑General, otherwise they may be executed by a member authorized by the Council.

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PRELIMINARY - 1. Short title

The short title of the Act is the Kenya School of Government Act.

Section 1

ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 13. Director-General

Section establishes the Director-General role, appointment process, qualifications, functions, appointment powers for staff, term length and acting appointment rules.

Section 13

ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 6. The Council

Section 6 sets out the membership of the Council, appointment of a non-executive chairperson by the President, term limits and re-appointment eligibility, qualifications for members, grounds for vacancy, and that the Council may co-opt persons who may not…

Section 6

FINANCIAL PROVISIONS - 16. Strategic plans, budget and annual report

Council must prepare strategic plans, annual budgets and reports; Cabinet Secretary must approve submitted plans/budgets within three months unless earlier disapproved and may allow longer report submission periods. The School's financial year ends on 30 June.

Section 16

GENERAL - 21. Transitional provisions

Section 21

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Showing 22 of 22 provisions

Provision 16Commencement 3Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The short title of the Act is the Kenya School of Government Act.

Section 1. Short title Section This Act may be cited as the Kenya School of Government Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

This section provides definitions for terms used in the Act: "Cabinet Secretary", "Campuses of the School", "Council", "Director-General", and "School".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to the Public Service; "Campuses of the School" means the former Government Training Institutes specified in the Schedule and such other campuses as the Cabinet Secretary may, declare to be campuses of the School under section 4 ; "Council" means Council of the Kenya School of Government established under section 5 ; "Director-General" means the Director-General appointed under section 12 ; "School" means the Kenya School of Government established under section 3 .

Section 2Verify source

Part II

ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT

§ 10ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 10. Academic BoardProvision

Section 10 establishes the Academic Board membership, specifies that the Director-General is chairperson and that the Director in charge of academic affairs is secretary, and lists the Board’s functions including programme development, entry-level determination and certification standards.

Section 10. Academic Board Section 10(1)(a) the Director-General, who shall be the chairperson; Section 10(1)(b) Finance and Administration; and Section 10(1)(b)(i) Finance and Administration; and Section 10(1)(b)(ii) Academic Affairs; Section 10(1)(c) the Directors of the School’s Campuses; Section 10(1)(d) persons in charge of academic affairs in the School’s Campuses; and Section 10(1)(e) the head of the School’s library services. Section 10(2) The Director in charge of academic affairs shall be the secretary of the Academic Board. Section 10(3)(a) development, review and delivery of learning and development programmes; Section 10(3)(b) determination of entry levels for learning and development programmes; and Section 10(3)(c) determination of the standards and criteria for certification.

Section 10Verify source

§ 11ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 11. Committees and procedure of the BoardProvision

The Academic Board may establish committees and co-opt persons, such co-opted persons hold office for a period the Board determines, and the Academic Board must regulate its own procedure.

Section 11. Committees and procedure of the Board Section 11(1) The Academic Board may establish committees to deal with such matters as the Board may specify. Section 11(2) The Academic Board may co-opt persons to committees established under subsection (1) for a particular reason and such persons shall hold office for a period as the Board may determine. Section 11(3) The Academic Board shall regulate its own procedure.

Section 11Verify source

§ 12ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 12. Common sealProvision

The common seal of the School must be kept in custody as the Council directs and may only be used as authorized; where required documents must be sealed and authenticated by the chairperson of the Council and the Director‑General, otherwise they may be executed by a member authorized by the Council.

Section 12. Common seal Section 12(1) Subject to this section, the common seal of the School shall be kept in such custody as the Council may direct and shall not be used except in the manner authorized. Section 12(2)(a) where they are required to be under seal, or sealed with the common seal of the School and authenticated by the chairperson of the Council and the Director-General; or Section 12(2)(b) where they are not required to be under seal, if executed in that behalf by a member authorized by the Council for that purpose. Section 12(3) A deed, instrument, contract or any other document executed in accordance with subsection (2) shall, in law, bind the School, its assignees and its successors and may be varied or discharged in the same manner that it was executed.

Section 12Verify source

§ 13ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 13. Director-GeneralProvision

Section establishes the Director-General role, appointment process, qualifications, functions, appointment powers for staff, term length and acting appointment rules.

Section 13. Director-General Section 13(1) There shall be a Director-General appointed by the Cabinet Secretary, on the recommendation of the Council following a competitive process of recruitment, who shall be the chief executive officer of the School. Section 13(2) A person shall not qualify to be appointed as the Director-General of the School unless that person has a minimum of a Masters degree, experience in executive management and leadership training, and possesses not less than ten years experience in senior management and leadership position. Section 13(3)(a) subject to the direction of the Council on matters of policy, be responsible for the administration and management of the School; Section 13(3)(b) after consultation with the Council, engage temporary employees at such daily rates of pay, not below the minimum rates prescribed by any written law, as may be considered appropriate, and shall report such employment to the Council at its next meeting. Section 13(3A) The officers and employees necessary for the conduct of the work of the school shall be appointed by the Council in accordance with the rules, regulations and procedures of the Public Service Commission. Section 13(3B) Despite subsection (3A) the Director-General may, on behalf of the Council, appoint and employ teaching and research staff and may, with the approval of the Council, determine the terms and conditions of their employment, including their remuneration. Section 13(3C) The rules, regulations and procedures of the Public Service Commission shall not apply to any person employed by School under subsection (3B). Section 13(4) The Director-General shall be the Secretary to the Council and any committee which the Council may establish, and shall on the advice of the chairperson of the Council or any such committee, convene any meeting of the Council or the committee, and in carrying out any functions under this subsection, the Director-General may attend any of the meetings together with such officers as he considers necessary. Section 13(5) In exercising the powers of management and control, the Director-General shall take into consideration the policies of the Government and the policies with respect to learning, training and public service delivery needs and priorities that are established by the Public Commission and the relevant Ministry. Section 13(6) The Director-General shall hold office for a term of five years and shall be eligible for re-appointment for one further term. Section 13(7) In the event of a vacancy in the office of the Director-General, the Cabinet Secretary may appoint a senior officer of the school to act as a Director-General but the term of such an appointment shall not exceed ninety days except with the Council’s approval. [Act No. 18 of 2014 , Sch., Act No. 11 of 2017 , Sch.]

Section 13Verify source

§ 13AESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 13A. Determination of Fees.Provision

The Director-General may, with the approval of the Council, set fees or the way of determining fees for services, use of facilities, or for selling/licensing/otherwise making available property rights administered by the School.

Section 13A. Determination of Fees. Section The Director-General may, with the approval of the Council prescribe the fees or the manner of determining the fees to be charged for any service or for the use any facility provided by the school or to be charged by the School when selling, licensing the use of or otherwise making available any property right held, controlled or administered by the School. [Act No. 18 of 2014 , Sch.]

Section 13AVerify source

§ 14ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 14. Staff of the SchoolProvision

The Council may employ the Director-General and other directors and staff as it considers necessary, subject to the State Corporations Act, to enable the School to discharge its functions efficiently.

Section 14. Staff of the School Section The Council may, subject to the State Corporations Act ( Cap. 466 ) employ the Director-General, and such directors and staff as it considers necessary for the efficient discharge of the functions of the School.

Section 14Verify source

§ 3ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 3. Establishment of the Kenya School of GovernmentCommencement

Establishes the Kenya School of Government, grants it corporate powers (suing, holding property, borrowing, entering contracts), makes it successor to two prior bodies and transfers their rights/assets/liabilities, sets its headquarters in the capital city and permits it to establish branches anywhere in Kenya.

Section 3. Establishment of the Kenya School of Government Section 3(1) There is established a school to be known as the Kenya School of Government. 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 contracts as may be necessary or expedient for the furtherance of the provisions of this Act and which may lawfully be done by a body corporate. Section 3(3) The School shall be the successor of the Kenya Institute of Administration established by the Kenya Institute of Administration Act (Repealed) and the Kenya Development Learning Centre established by the Education (Board of Governors) (Development Learning Centre) Order, 2003. Section 3(4) Subject to this Act, all rights, duties, obligations, assets and liabilities of the Kenya Institute of Administration and the Kenya Development Learning Centre existing at the commencement of this Act shall be automatically and fully transferred to the School and any reference to the Kenya Institute of Administration or the Kenya Development Learning Centre in any contract or document shall for all purposes be deemed to be a reference to the School established under subsection (1). Section 3(5) The headquarters of the School shall be in the capital city, but the School may establish branches at any place in Kenya.

Section 3Verify source

§ 4ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 4. Campuses of the SchoolProvision

The Cabinet Secretary may, on the advice of the Council and by Order in the Gazette, establish campuses within the School; those campuses' functions and powers are to be provided by that Order.

Section 4. Campuses of the School Section 4(1) The Cabinet Secretary may, on the advice of the Council, by Order in the Gazette , establish campuses within the School whose functions and powers shall be provided by that Order. Section 4(2) The Government Training Institutes specified in the Schedule shall be deemed to be campuses of the School established under subsection (1).

Section 4Verify source

§ 5ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 5. Functions of the SchoolProvision

The School must provide learning, training, research, and related programmes and services to build capacity and support public service excellence, and may award diplomas and take other actions necessary to discharge its functions.

Section 5. Functions of the School Section 5(1) The School shall provide learning and development programmes to build capacity for the Public Service. Section 5(2)(a) provide training, consultancy and research services designed to inform public policy, promote national development and standards of competence, and integrity in the Public Service; Section 5(2)(b) promote continuous learning for public service excellence; Section 5(2)(c) provide programmes that promote a culture of decency, honesty, hard work, transparency and accountability among public servants; Section 5(2)(d) facilitate the establishment of professional networks and think tanks to develop and grow public sector leaders; Section 5(2)(e) develop linkages and collaborations with institutions of learning, professional organizations, private sector schools of government and other similar institutions across the world; Section 5(2)(f) monitor, evaluate and communicate the impact of strengthened education and training programmes for national leadership and management; Section 5(2)(g) develop and deliver programmes tailored to promote the School’s mandate and clients’ needs; Section 5(2)(h) conduct examinations and award diplomas and other forms of suitable awards to successful candidates; and Section 5(2)(i) do any other thing necessary, or expedient for the discharge of its functions under this Act; Section 5(2)(j) encourage pride and excellence in the public service and foster in managers and other public service employees a sense of the purposes, values and professional work ethic of the public service as stipulated in the Constitution and the relevant policies, laws and regulations; Section 5(2)(k) ensure acquisition by officers in the public service, of the analytical, creative, advisory, administrative and other managerial skills and knowledge necessary to develop and implement policy, respond to changes, including change in the expectations of efficient and effective service delivery, and manage Government programs, services and personnel efficiently, effectively and equitably; Section 5(2)(l) train managers and other public service employees to develop successful working relationships at all levels through leadership, motivation, effective internal communications and the encouragement of innovation, high-quality service to the public and skills development; Section 5(2)(m) develop within the public service and endeavour to attract to the public service through the School's programs and studies, persons who are of high calibre and who reflect the diversity of Kenyan society, and support their growth and development as public sector managers and employees committed to service to the Republic; Section 5(2)(n) encourage greater public awareness of issues related to public sector management, public administration and the role and functions of Government and involve a broad range of individuals and institutions in the school’s pursuit of excellence in public administration.

Section 5Verify source

§ 6ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 6. The CouncilOffence

Section 6. The Council Section 6(1)(a) a non-executive chairperson, who shall be a person with considerable experience in executive management, appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry for the time being responsible for the Public Service; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 6(1)(d) the Principal Secretary in the Ministry for the time being responsible for higher education; Section 6(1)(e) the Secretary to the Commission for Higher Education; Section 6(1)(f) three renowned leaders and managers from the private sector; Section 6(1)(g) one person to represent universities; Section 6(1)(h) one person nominated by the Public Service Commission; and Section 6(1)(i) one person nominated by the Kenya Institute for Public Policy Research and Analysis (KIPPRA); Section 6(1)(j) the Director-General, who shall be the Secretary. Section 6(2) A person shall not be appointed as member of the Council unless that person possesses a minimum of a Bachelor’s degree, has experience of at least five years in a senior management position and has demonstrated leadership skills. Section 6(3) The members of the Council appointed under subsection (1)(f), (g) and (i) shall be appointed by the Cabinet Secretary by notice in the Gazette . Section 6(4) The Chairperson and the members of the Council appointed under subsection (1)(f), (g) and (i) shall hold office for a term not exceeding three years and shall be eligible for re-appointment for one further term. Section 6(5)(a) resigns, in writing, under his hand, addressed to the Chairperson of the Council; Section 6(5)(b) is adjudged bankrupt; Section 6(5)(c) is convicted of a criminal offence and sentenced to imprisonment; Section 6(5)(d) dies; Section 6(5)(e) conducts himself in a manner that is considered by the Cabinet Secretary to be inconsistent with membership of the Council and that brings the School into disrepute; or Section 6(5)(f) is incapacitated by prolonged physical or mental illness from performing his duties as a member of the Council. Section 6(6) The Council may co-opt any person to assist it for such purposes and such period as the Council may determine, but persons so co-opted may not vote on any matter before the Council. [Act No. 18 of 2014 , Sch.]

Section 6Verify source

§ 7ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 7. Committees of the CouncilProvision

The Council may establish committees, may co‑opt non‑members for particular reasons who shall hold office for periods the Council determines, and the Council must not co‑opt more than three persons to its committees at any time.

Section 7. Committees of the Council Section 7(1) The Council may establish committees consisting of members of the Council to deal with such matters as the Council may specify. Section 7(2) The Council may co-opt persons who are not members of the Council to committees established under subsection (1) for a particular reason and such persons shall hold office for such period as the Council may determine. Section 7(3) The Council shall not co-opt more than three persons at any given time to its committees.

Section 7Verify source

§ 8ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 8. Functions of the CouncilProvision

The Council provides strategic advice and direction to the School.

Section 8. Functions of the Council Section provide strategic advice and direction to the School;

Section 8Verify source

§ 9ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT - 9. Meetings of the CouncilProvision

Chairperson shall preside at meetings (or members appoint a presiding member if absent); quorum is five; members may attend in person or via a representative; Council must comply with State Corporations Act provisions on meetings.

Section 9. Meetings of the Council Section 9(1) The chairperson shall preside at all meetings of the Council but in the absence of the chairperson the members present shall appoint one member from among themselves to preside at the meeting. Section 9(2) The quorum for the conduct of business at a meeting of the Council shall be five. Section 9(3) The members of the Council may attend the meetings in person or through a representative. Section 9(4) Except as provided for in this section, the Council shall comply with the provisions of the State Corporations Act ( Cap. 446 ) governing the meetings and proceedings of Boards of State Corporations. [Act No. 18 of 2014 , Sch.]

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 15FINANCIAL PROVISIONS - 15. Funds, assets and liabilities of the SchoolProvision

The Cabinet Secretary may, with the consent of the National Treasury, make available sums from monies provided by Parliament for the purposes of this Act.

Section 15. Funds, assets and liabilities of the School Section such sums as the Cabinet Secretary may, with the consent of the National Treasury, make available for the purposes of this Act out of monies provided by Parliament;

Section 15Verify source

§ 16FINANCIAL PROVISIONS - 16. Strategic plans, budget and annual reportCommencement

Section 16. Strategic plans, budget and annual report Section 16(1) The Council shall, as soon as practicable after the commencement of this Act and in a period not exceeding three years, prepare or cause to be prepared a five year strategic plan pertaining to the School which shall be submitted to the Council for approval. Section 16(2) The Council shall, not later than the end of February in every year, prepare and submit to the Cabinet Secretary for approval a three year budget incorporating estimates of the School’s revenue and expenditure for the next three financial years. Section 16(3) A plan or budget submitted to the Cabinet Secretary under this Act, unless earlier disapproved by the Cabinet Secretary, shall be approved by the Cabinet Secretary with or without such modifications not later than three months after it has been submitted. Section 16(4) The Council shall, within a period of three months after the end of each financial year or within such longer period as the Cabinet Secretary may approve, submit to the Cabinet Secretary a report on the operations and activities of the School. Section 16(5) The financial year of the School shall be the period of twelve months ending on the thirtieth June, in each year.

Section 16Verify source

§ 17FINANCIAL PROVISIONS - 17. Accounts and auditProvision

The Council must keep proper books and records of the School's income, expenditure and assets; the Council's accounts must be prepared and submitted annually for examination by the Auditor-General under the Public Audit Act (Cap. 412B).

Section 17. Accounts and audit Section 17(1) The Council shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the School. Section 17(2) The accounts of the Council shall be prepared and submitted for examination annually by the Auditor-General in accordance with the Public Audit Act (Cap. 412B).

Section 17Verify source

Part IV

GENERAL

§ 18GENERAL - 18. Protection of members and staff of the School from personal liabilityProvision

Members of the Council and officers or employees of the School are exempt from personal liability for acts done in good faith to carry out this Act.

Section 18. Protection of members and staff of the School from personal liability Section No act or thing done by any member of the Council, any officer or employee of the School shall, if the act or thing was done in good faith for the purpose of carrying out the provisions of this Act, subject the person to any liability, action, claim or demand whatsoever.

Section 18Verify source

§ 19GENERAL - 19. Exemption from stamp dutyProvision

The School is exempt from stamp duty on instruments executed by, or on behalf of or in favour of the School.

Section 19. Exemption from stamp duty Section No duty shall be chargeable under the Stamp Duty Act ( Cap. 480 ) in respect of any instrument executed by, or on behalf of or in favour of the School which, but for this section, the School would be liable to pay.

Section 19Verify source

§ 20GENERAL - 20. RegulationsProvision

Section 20. Regulations Section staff appointment and discipline;

Section 20Verify source

§ 21GENERAL - 21. Transitional provisionsCommencement

Section 21 sets transitional rules: defines "former Institutes"; annual estimates for the former Institutes are treated as the School's for the remainder of that financial year but may be varied by the Cabinet Secretary; staff employed at commencement become employees of the School under terms the Council determines; staff employed immediately before commencement are to be given an option to serve in the School and if not appointed by the Council be redeployed in the Public Service.

Section 21. Transitional provisions Section 21(1) For purposes of this section— "former Institutes" means the Institutes known as the Kenya Institute of Administration, the Kenya Development Learning Centre and the Government Training Institutes existing immediately before the commencement of this Act. Section 21(2) The annual estimates approved for the former Institutes in respect of the financial year in which this Act comes into operation shall be considered to be the annual estimates of the School for the remainder of the financial year but those estimates may be varied by the Cabinet Secretary. Section 21(3) All the members of staff of the Kenya Institute of Administration, Government Training Institutes and the Kenya Development Learning Centre employed at the time of commencement of this Act shall become employees of the School subject to such terms and conditions as the Council shall determine. Section 21(4) Despite subsection (3), all the members of staff of the Kenya Institute of Administration, Government Training Institutes and the Kenya Development Learning Centre in the employment immediately before the commencement of this Act shall, upon the commencement of this Act be given an option to serve in the School and if not appointed by the Council be redeployed in the Public Service. [Act No. 11 of 2017 , Sch.]

Section 21Verify source

Legislative relationships

5 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

1 instrument

Act is the Kenya School of Government Act
Section 1

G–M

1 instrument

Kenya Institute of Administration established by the Kenya Institute of Administration Act
Section 3

N–S

3 instruments

School are exempt from personal liability for acts done in good faith to carry out this Act
Section 18
School. Section 19. Exemption from stamp duty Section No duty shall be chargeable under the Stamp Duty Act
Section 19
State Corporations Act
Section 9

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