Basic Education Act
The Act may be cited as the Basic Education Act.
- Jurisdiction
- Kenya
- Instrument
- Act or statute
- Citation
- Cap. 211
- Version
- 31 Dec 2022
- Language
- en
- Official source
- View official record ↗
Source attribution: Source: Kenya Law
Statute overview
About this statute
The Act may be cited as the Basic Education Act. Defines 'Section' as: any institution or assembly for which a Cabinet Secretary other than the Cabinet Secretary responsible for matters relating to basic education and training is responsible. This Act applies to all institutions of basic education. Every child is entitled to free and compulsory basic education. Sets out how the Selection Panel is appointed and the timeline and steps for inviting, shortlisting, interviewing and appointing the Chairperson and members of the Board, including time limits for the Cabinet Secretary and Selection Panel and requirements for public advertisement and consideration of representation and equity.
Search within this statute
Search all stored provisions in this version.
Legal text
Provisions of Basic Education Act
Showing 101 of 101
Part I
PRELIMINARY
- 1 Verify source ↗
PRELIMINARY - 1. Short title
The Act may be cited as the Basic Education Act.
Section 1. Short title Section This Act may be cited as the Basic Education Act. - 2 Verify source ↗
PRELIMINARY - 2. Interpretation
Defines 'Section' as: any institution or assembly for which a Cabinet Secretary other than the Cabinet Secretary responsible for matters relating to basic education and training is responsible.
Section 2. Interpretation Section any institution or assembly for which a Cabinet Secretary other than the Cabinet Secretary responsible for matters relating to basic education and training, is responsible; - 3 Verify source ↗
PRELIMINARY - 3. Application
This Act applies to all institutions of basic education.
Section 3. Application Section This Act shall apply to all institutions of basic education under this Act. - 4 Verify source ↗
PRELIMINARY - 4. Guiding principles
Every child is entitled to free and compulsory basic education.
Section 4. Guiding principles Section the right of every child to free and compulsory basic education;
Part II
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD
- 10 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 10. Appointment and term of Chairperson and members.
Sets out how the Selection Panel is appointed and the timeline and steps for inviting, shortlisting, interviewing and appointing the Chairperson and members of the Board, including time limits for the Cabinet Secretary and Selection Panel and requirements for public advertisement and consideration of representation and equity.
Section 10. Appointment and term of Chairperson and members. Section 10(1) Upon commencement of this Act or whenever there is a vacancy in the Board, the Cabinet Secretary shall, within fourteen days of the occurrence of the vacancy, appoint a Selection Panel for the purpose of selecting suitable candidates for appointment as the Chairperson or member of the Board. Section 10(2)(a) two persons to represent registered School Heads Association; Section 10(2)(b) a representative of the Cabinet Secretary responsible for matters relating to education who shall be the Secretary to the Selection Panel; Section 10(2)(c) one person to represent the Public Service Commission; Section 10(2)(d) one person to represent the National Council for Persons with Disabilities; Section 10(2)(e) a joint forum of the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya; Section 10(2)(e)(i) a joint forum of the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya; Section 10(2)(e)(ii) the Kenya Conference of Catholic Bishops ; and Section 10(2)(e)(iii) the Muslims Education Council. Section 10(2)(f) one person to represent the Kenya Private Sector Alliance; Section 10(2)(g) one person to represent the Teachers Service Commission. Section 10(2)(h) two persons to represent trade unions of teachers; Section 10(2)(i) one person to represent organizations dealing with children's rights; and Section 10(2)(j) one person to represent an association of parents. Section 10(3) The Selection Panel shall, subject to this section, determine its own procedure, and the Cabinet Secretary responsible for education shall provide the Panel with such facilities and such other support as the Panel may require for the discharge of its functions. Section 10(4) The Selection Panel shall, within seven days of its convening, invite applications, in at least two newspapers of nationwide circulation from qualified persons to be submitted within twenty-one days from the date of the invitation. Section 10(5) The Selection Panel shall within seven days of receipt of applications under subsection (4) consider the applications and publish the names and academic qualifications of all shortlisted applicants in at least two daily newspapers of nationwide circulation. Section 10(6) The Selection Panel shall within fourteen days of the publication under subsection (5) interview and identify three persons qualified for appointment as Chairperson and thirteen persons qualified for appointment as members of the Board and shall forward the names of the selected candidates to the Cabinet Secretary for appointment. Section 10(7) The Cabinet Secretary shall, within seven days of receipt of the names forwarded under subsection (6) appoint the Chairperson and members of the Board. Section 10(8) Where the Cabinet Secretary rejects a nominee or all of the nominees submitted by the Selection Panel for approval under paragraph (6), the provisions of paragraph (1) to (5) shall apply. Section 10(9) In rejecting a nominee or nominees, the Cabinet Secretary shall attach a memorandum indicating the reason for such rejection. Section 10(10) The Selection Panel convened under subsection (1) shall stand dissolved upon the appointment of the Chairperson or member of the Board whichever is the later. Section 10(11) In short listing, nominating or appointing persons as Chairperson and members of the Board, the Selection Panel and the Cabinet Secretary shall observe the principle of gender equity, regional, ethnic and religious balance, transparency, openness and competitiveness and shall have due regard to the principle of equal opportunities for persons with disabilities. Section 10(12) The Selection Panel may, subject to this section, determine its own procedure. - 11 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 11. Vacation of and removal from office
Members vacate office if they die, resign by written notice to the Cabinet Secretary, are absent from three consecutive Board meetings without good cause, or are removed under subsection (2), which lists grounds for removal.
Section 11. Vacation of and removal from office Section 11(1)(a) dies; Section 11(1)(b) resigns from office, by a notice in writing addressed to the Cabinet Secretary; Section 11(1)(c) is absent from three consecutive meetings of the Board without good cause; or Section 11(1)(d) is removed from office in accordance with subsection (2). Section 11(2)(a) contravention of Chapter Six of the Constitution; Section 11(2)(b) serious violation of this Act or any other law; Section 11(2)(c) gross misconduct, whether in the performance of the Chairperson's, member's or office holder's functions or otherwise; Section 11(2)(d) physical or mental incapacity to perform the functions of office; Section 11(2)(e) incompetence; or Section 11(2)(f) if adjudged bankrupt - 12 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 12. Staff of the Board
The Cabinet Secretary may, in consultation with the Board and on prescribed terms and conditions, second officers, agents and other staff as necessary to enable the Board to discharge its functions under the Act.
Section 12. Staff of the Board Section The Cabinet Secretary may in consultation with the Board and upon such terms and conditions as may be prescribed, second such officers, agents and other staff as may be necessary for the efficient discharge of the functions of the Board under this Act. - 13 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 13. Experts and Consultants
The Board may engage consultants and experts to assist in carrying out its functions under this Act.
Section 13. Experts and Consultants Section The Board may engage consultants and experts as it considers appropriate, to assist in the discharge of its functions under this Act. - 14 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 14. Remuneration of the Board
The Chairperson and members of the Board are to be paid remuneration, fees, allowances and expense disbursements as approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.
Section 14. Remuneration of the Board Section The Chairperson and members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission. - 15 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 15. Reporting
The National Education Board must submit an annual report to the Cabinet Secretary; the Cabinet Secretary may require a report from the Board on a particular matter at any time.
Section 15. Reporting Section 15(1) The National Education Board shall submit an annual report to the Cabinet Secretary. Section 15(2) Notwithstanding subsection (1), the Cabinet Secretary may, at any time, require a report from the National Education Board on a particular matter. - 16 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 16. Secretary to the Board.
The Board must recommend, via an open, transparent and competitive recruitment process, a suitably qualified person for appointment by the Cabinet Secretary as Secretary to the Board; the Secretary is appointed by the Cabinet Secretary, is an ex officio member with no right to vote, must manage day-to-day affairs subject to Board directions, perform other functions as the Board determines, and shall serve on terms the Cabinet Secretary determines upon advice of the Salaries and Remuneration Commission.
Section 16. Secretary to the Board. Section 16(1) The Board shall, through an open, transparent and competitive recruitment process, recommend for appointment by the Cabinet Secretary a suitably qualified person to be the Secretary to the Board. Section 16(2)(a) holds a minimum of a first degree in education or related discipline; Section 16(2)(b) has had at least ten years' proven experience in leadership at senior management level; Section 16(2)(c) has experience in finance, management and public administration; and Section 16(2)(d) satisfies the requirements of Chapter Six of the Constitution. Section 16(3)(a) be appointed by the Cabinet Secretary; Section 16(3)(b) be an ex officio member of the Board with no right to vote; Section 16(3)(c) be the secretary to the Board; Section 16(3)(d) subject to the directions of the Board, be responsible for the day to day management of the affairs of the Board; and Section 16(3)(e) perform such other functions as the Board may from time to time, determine. Section 16(4) The Secretary shall serve on such terms and conditions as the Cabinet Secretary may determine upon the advice of the Salaries and Remuneration Commission. - 5 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 5. Establishment and functions of the Board
Establishes the National Education Board and sets out its functions, including collaborating with relevant bodies, initiating approval guidelines for basic education institutions, promoting school attendance and transitions for vulnerable children, and producing an annual report on education and service delivery.
Section 5. Establishment and functions of the Board Section 5(1) There is established a Board to be known as the National Education Board. Section 5(2)(a) collaboration with the Quality Assurance and Standards Council, Teachers Service Commission and with other stakeholders to promote standards in basic education and training; Section 5(2)(b) working with all relevant authorities and agencies to ensure that all the barriers to the right to quality education are removed and that the National and County governments facilitate the realization of the right to education by all Kenyans; Section 5(2)(c) the initiation of guidelines for approval by the Cabinet Secretary on the establishment of basic education institutions; Section 5(2)(d) putting measures in place to ensure all children attend and remain in school to complete basic education requirements; Section 5(2)(e) putting measures to ensure, where applicable, transition to the next level of education, especially for the vulnerable and marginalized children; Section 5(2)(f) any other matter as shall be from time to time be referred to the Board by the Cabinet Secretary. Section 5(3) The National Education Board shall generate and cause to be published an annual report on the state of education and service delivery in the country. - 6 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 6. Conduct of business and affairs of the Board
The Board must conduct and regulate its business and affairs as provided in the First Schedule; except as so provided, the Board may regulate its own procedure.
Section 6. Conduct of business and affairs of the Board Section 6(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule Section 6(2) Except as provided under the First Schedule, the Board may regulate its own procedure. - 7 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 7. Composition of the Board
The Board is made up of a Chairperson and eight other members appointed by the Cabinet Secretary; the Chairperson serves four years (eligible for one further four-year term); other members serve three years (eligible for one further three-year term).
Section 7. Composition of the Board Section 7(1) The Board shall consist of a Chairperson and eight other members appointed by the Cabinet Secretary in accordance with the provisions of this Act. Section 7(2) The Chairperson shall serve for a term of four years and shall be eligible for reappointment for one further term of four years. Section 7(3) The members shall serve for a term of three years and shall be eligible for re-appointment for one further term of three years. - 8 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 8. Qualifications for appointment as Chairperson or member of the Board.
Sets the qualifications required for appointment as Chairperson or member of the Board, including specified degrees, experience, distinguished career and Chapter Six compliance.
Section 8. Qualifications for appointment as Chairperson or member of the Board. Section 8(1)(a) holds a degree in education from a university recognized in Kenya; Section 8(1)(b) has knowledge and at least fifteen years' experience in matters relating to education; Section 8(1)(c) has had a distinguished career in their respective fields; and Section 8(1)(d) meets the requirements of Chapter Six of the Constitution. Section 8(2)(a) holds a degree from a recognized university; Section 8(2)(b) education; Section 8(2)(b)(i) education; Section 8(2)(b)(ii) management; Section 8(2)(b)(iii) finance; Section 8(2)(b)(iv) governance; Section 8(2)(b)(v) human rights; Section 8(2)(b)(vi) public administration; Section 8(2)(b)(vii) law; Section 8(2)(b)(viii) economics; and Section 8(2)(b)(ix) meets the requirements of Chapter Six of the Constitution. Section 8(2)(c) has had a distinguished career in their respective fields; and Section 8(2)(d) meets the requirements of Chapter Six of the Constitution. - 9 Verify source ↗
ESTABLISHMENT, POWERS AND FUNCTIONS OF THE NATIONAL EDUCATION BOARD - 9. Disqualifications from appointnment
Disqualifications from appointnment Section is a member of Parliament or a county assembly;
Section 9. Disqualifications from appointnment Section is a member of Parliament or a county assembly;
Part III
COUNTY EDUCATION BOARD
- 17 Verify source ↗
COUNTY EDUCATION BOARD - 17. County Education Board
A County Education Board is established for every county and that County Education Board is an agent of the National Education Board.
Section 17. County Education Board Section 17(1) There is established a County Education Board for every county. Section 17(2) The County Education Board established under subsection (1) shall be an agent of the National Education Board. - 18 Verify source ↗
COUNTY EDUCATION BOARD - 18. Functions of the County Education Boards
County Education Boards are assigned multiple functions for managing, coordinating, monitoring and promoting education and training in the county and must perform those functions; the Board may, in consultation with the National Education Board and stakeholders, appoint a sub-county education office.
Section 18. Functions of the County Education Boards Section 18(1)(a) oversee in consultation with the county government, the operation and management of youth polytechnics, early childhood education including early childhood care and education programmes in the county; Section 18(1)(b) coordinate and monitor education and training in the County on behalf of the national government and the county government; Section 18(1)(c) interpret national policies in education based on the county's needs; Section 18(1)(d) initiate proposals for policy reforms; Section 18(1)(e) plan, promote, develop, and coordinate education, training and research in the county in accordance with the provisions of this Act, the national education policy and the laws and policies of the county government; Section 18(1)(f) collaborate with the Board of Management, the Principal, the HeadTeacher, and other appropriate authorities in the management of basic schools; Section 18(1)(g) register and maintain a data bank of all education and training institutions within the county; Section 18(1)(h) monitor curriculum implementation in basic education in the county; Section 18(1)(i) monitor the conduct of examinations and assessments at the basic education and training levels in the county in collaboration with all the relevant national bodies; Section 18(1)(j) collaborate with the Teachers Service Commission on teacher management within the county; Section 18(1)(k) prepare and submit a comprehensive school termly annual report including Educational Management Information System data to the Cabinet Secretary on all areas of its mandate including education and training services, curriculum, policy implementation and school based audit report within the County; Section 18(1)(l) coordinate with all relevant agencies to ensure that all the barriers to the right to quality education are removed and with National Government to facilitate realization of the right to education within the county; Section 18(1)(m) put measures in place to ensure all children and youth of school going age within the county attend and stay in to complete basic education. Section 18(1)(n) perform such other functions as may be necessary for the better carrying out of the functions of the county education board under this Act or any other written law. Section 18(2) The County Education Board may in consultation with the National Education Board and relevant stakeholders appoint a sub-county education office with clear functions and powers. [Act No. 3 of 2021 , s. 70.] - 19 Verify source ↗
COUNTY EDUCATION BOARD - 19. Consultation with National Education Board
The County Education Board must work in consultation and co-operation with the National Education Board; the Cabinet Secretary, in consultation with the National Education Board, must make regulations prescribing coordination between the National and County Education Boards.
Section 19. Consultation with National Education Board Section 19(1) In carrying out its functions, the County Education Board shall work in consultation and co-operation with the National Education Board. Section 19(2) Notwithstanding the provisions of subsection (1), the Cabinet Secretary in consultation with the National Education Board shall make regulations prescribing the coordination between the National Education Board and the County Education Boards. - 20 Verify source ↗
COUNTY EDUCATION BOARD - 20. Composition of the County Eduation Boards
Section 20 names the composition of County Education Boards.
Section 20. Composition of the County Eduation Boards Section 20(1)(a) an educationist of at least five years' standing, based in the county; Section 20(1)(b) the County Director of Education or his or her representative who shall be the Secretary to the County Education Board; Section 20(1)(c) a representative of the county executive in charge of education; Section 20(1)(d) a representative of the Teachers Service Commission Section 20(1)(e) jointly, the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya; Section 20(1)(e)(i) jointly, the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya; Section 20(1)(e)(ii) the Kenya Episcopal Conference; and Section 20(1)(e)(iii) the Muslims Education Council; Section 20(1)(f) a representative of the association of private schools; Section 20(1)(g) two representatives of a trade union representing the interest of teachers; Section 20(1)(h) two representatives of parents teachers association; and Section 20(1)(i) a representative of persons with disability; Section 20(1)(j) the Primary School HeadTeachers' Association; and Section 20(1)(j)(i) the Primary School HeadTeachers' Association; and Section 20(1)(j)(ii) the Secondary School Principals Association. Section 20(1)(k) a representative of a child rights organization. Section 20(2) In appointing persons as Chairperson and members of the County Education Board, the Cabinet Secretary shall observe the principle of gender equity, regional, ethnic and religious balance, transparency, openness and competitiveness and shall have due regard to the principle of equal opportunities for persons with disabilities. Section 20(3) All members of the County Education Board shall have a minimum qualification of secondary education certificate. - 21 Verify source ↗
COUNTY EDUCATION BOARD - 21. Conduct of business and affairs of the County Education Boards.
County Education Boards must follow the Second Schedule for the conduct and regulation of their business and affairs; except as set out in the Second Schedule, they may regulate their own procedure.
Section 21. Conduct of business and affairs of the County Education Boards. Section 21(1) The conduct and regulation of the business and affairs of the County Education Boards shall be as provided in the Second Schedule. Section 21(2) Except as provided in the Second Schedule, the County Education Boards may regulate its own procedure. - 22 Verify source ↗
COUNTY EDUCATION BOARD - 22. Tenure
Chairperson serves four years (renewable once); members serve three years (renewable); Cabinet Secretary must, by regulation, provide for staggering inaugural board terms.
Section 22. Tenure Section 22(1) The Chairperson shall serve for a term of four years renewable once. Section 22(2) The members shall serve for a renewable term of three years. Provided that the Cabinet Secretary shall by regulation, provide for the, staggering of the terms of the inaugural Board members. - 23 Verify source ↗
COUNTY EDUCATION BOARD - 23. Remuneration of the County Education Boards
Members of County Education Boards are entitled to be paid allowances and disbursements for expenses, subject to approval by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.
Section 23. Remuneration of the County Education Boards Section The members of the County Education Boards shall be paid such allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission. - 24 Verify source ↗
COUNTY EDUCATION BOARD - 24. Co-option.
The County Education Boards may, from time to time, co-opt up to three people into its membership when satisfied they have relevant skills and experience to assist the Board's functions.
Section 24. Co-option. Section The County Education Boards may from time to time co-opt into its membership such persons not being more than three as it is satisfied possess skills and experience to assist in the discharge of the functions of the County Education Board. - 25 Verify source ↗
COUNTY EDUCATION BOARD - 25. Committees of the County Education Board
The County Education Board may establish committees, shall appoint committee chairpersons from among its members, may co‑opt persons to attend committee deliberations, and may review committee decisions.
Section 25. Committees of the County Education Board Section 25(1) A County Education Board may establish such committees as may be appropriate to perform such functions and discharge such responsibilities as it may determine. Section 25(2)(a) finance, audit and human resources; Section 25(2)(b) basic education; Section 25(2)(c) special needs education; Section 25(2)(d) early childhood care and education; Section 25(2)(e) vocational institutions and youth polytechnics; Section 25(2)(f) standards and quality assurance; Section 25(2)(g) assessment and examinations; Section 25(2)(h) dispute resolution; and Section 25(2)(i) human rights and gender. Section 25(3) The County Education Board shall appoint the Chairperson of a committee established under subparagraph (1) from among its members. Section 25(4) The County Education Board may where it deems appropriate, co-opt any person to attend the deliberations of any of its committees. Section 25(5) All decisions of the committees appointed under subsection (1) may be reviewed by the County Education Board. - 26 Verify source ↗
COUNTY EDUCATION BOARD - 26. Roles of County Government
County governments must provide funds for infrastructure for basic education and training institutions; the national government may transfer related infrastructure functions to counties (with request and agreement) and may allocate conditional grants when it does so.
Section 26. Roles of County Government Section 26(1) The roles of the county government shall include the provision of funds required for the development of the necessary infrastructure for institutions of basic education and training used for conducting early childhood education, childcare facilities, homecraft centres and village polytechnics. Section 26(2) Pursuant to Article 187 of the Constitution, the national government may, upon request and with agreement between both governments, transfer its functions relating to infrastructure development of primary schools and secondary schools to a county government. Section 26(3) Where the national government transfers its functions to a county government under subsection (2), it may also allocate conditional grants to that county government to cater for the additional responsibilities arising from the transfer. [Act No. 3 of 2021 , s. 70.] - 27 Verify source ↗
COUNTY EDUCATION BOARD - 27. Role of Sponsor
The Sponsor is to participate and make recommendations on the review of syllabus, curriculum, books and other teaching aids.
Section 27. Role of Sponsor Section to participate and make recommendations of review of syllabus, curriculum, books and other teaching aids;
Part IV
FREE AND COMPULSORY BASIC EDUCATION
- 28 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 28. Right of child to free and compulsory
The Cabinet Secretary must implement every child's right to free and compulsory basic education.
Section 28. Right of child to free and compulsory Section 28(1) The Cabinet Secretary shall implement the right of every child to free and compulsory basic education. Section 28(2)(a) early childhood, primary and secondary schools, mobile schools, and adult and continuing education centers, within a reasonably accessible distance within a county; Section 28(2)(b) appropriate boarding primary schools in arid and semi-arid areas, hard-to-reach and vulnerable groups as appropriate; and Section 28(2)(c) academic centres, or relevant educational institutions to cater for gifted and talented learners; Section 28(2)(d) special and integrated schools for learners with disability. - 29 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 29. Free Tuition
Public schools must not charge tuition fees for any pupil; non‑Kenyan persons may be required to pay tuition; no one may collect levies without issuing an official receipt.
Section 29. Free Tuition Section 29(1) No public school shall charge or cause any parent or, guardian to pay tuition fees for or on behalf of any pupil in the school. Section 29(2)(a) tuition fees may be payable by persons who are not Kenyan citizens; Section 29(2)(b) other charges may be imposed at a public school with the approval of the Cabinet Secretary in consultation with the county education Board provided that no child shall be refused to attend school because of failure to pay such charges; Section 29(2)(c) no person shall collect levies without issuing an official receipt. - 30 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 30. Compulsory primary and secondary education
Parents must take their children to school; failure is an offence subject to a fine up to one hundred thousand shillings or imprisonment up to one year, but subsection (2) does not apply if a parent or guardian presents a satisfactory reason to the County Director of Education within a reasonable time.
Section 30. Compulsory primary and secondary education Section 30(1)(a) Kenyan; or Section 30(1)(b) resides in Kenya Section 30(2) A parent who fails to take his or her child to school as required under subsection (1) commits an offence. Section 30(3) A person who contravenes this section shall be liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding one year, or both. Section 30(4) Subsection (2) shall not apply to a parent or guardian who presents within a reasonable time a reason to the satisfaction of the County Director of Education for the absence of his or her child at a school or institutions of basic education. - 31 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 31. Duty of parents and guardian
Parents or guardians must present their children for admission to basic education; failure is an offence punishable by a fine up to one hundred thousand, imprisonment up to two years, or both; parents/guardians have the right to participate in their child's character development.
Section 31. Duty of parents and guardian Section 31(1) It shall be the responsibility of every parent or guardian to present for admission or cause to be admitted his or her child, as the case may be, to a basic education institution. Section 31(2) Where a parent or guardian defaults in the discharge of his or her responsibility under subsection (1), such a parent or guardian shall be deemed to have committed an offence and is liable to fine not exceeding one hundred thousand or to a period not exceeding two years or to both. Section 31(3) A parent or guardian shall have the right to participate in the character development of his or her child. - 32 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 32. No payment of fee for admission
No person must not collect any admission fee when admitting a child to a public school or basic education institution.
Section 32. No payment of fee for admission Section No person shall while admitting a child to a public school or a basic education institution collect any admission fee. - 33 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 33. Proof of age for admission
Section 33 requires that for admission to basic education a child's age be determined by a birth certificate issued under the Births, Deaths Registration Act or, if the child has attained school-going age of four years, by other prescribed documents; and no child shall be denied admission for lack of proof of age.
Section 33. Proof of age for admission Section 33(1) For the purpose of admission to a basic education institution, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths Registration Act ( Cap. 149 ) or at the attainment of the school going age of four years on the basis of such other document, as may be prescribed under regulations. Section 33(2) No child shall be denied admission in a school or basic education institution for lack of proof of age. - 34 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 34. No denial of admission
The section requires that schools and admission officers do not discriminate in admitting children; children must not be denied admission to public schools; County Education Boards must review denials; public schools cannot use admission tests except to place pupils; the Cabinet Secretary may set admission criteria by regulation.
Section 34. No denial of admission Section 34(1) A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed. Section 34(2) A school or person responsible for admission shall not discriminate against any child seeking admission on any ground, including ethnicity, gender, sex, religion, race, colour or social origin, age, disability, language or culture. Section 34(3) The provisions of subsection (2) shall not apply in matters relating to gender in cases where a school is registered for a particular gender. Section 34(4) No public school shall administer any test related to admission of a child to a public school or cause a person to administer such test unless such a test is for purposes of placing the child at an appropriate level of education. Section 34(5) No child shall be denied admission to a public school. Section 34(6) A parent of a child who has been denied admission to a public school may notify the County Education Board of the decision. Section 34(7) The County Education Board shall review the decision of a school that denies a child admission. Section 34(8) The Cabinet Secretary may by regulation prescribe criteria for the admission to a public school. - 35 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 35. Incentives and prohibition of holding back and expulsion.
Pupils must be given incentives to complete basic education; pupils shall not be held back or expelled except as regulated by the Cabinet Secretary, who may make regulations for expulsion or discipline after other measures and a hearing; such pupils must be admitted to corrective educational institutions.
Section 35. Incentives and prohibition of holding back and expulsion. Section 35(1) Pupils shall be given appropriate incentives to learn and complete basic education. Section 35(2) No pupil admitted in a school, subject to subsection (3) shall be held back in any class or expelled from school. Section 35(3) Subject to subsection (1) the Cabinet Secretary may make regulations to prescribe expulsion or the discipline of a delinquent pupil for whom all other corrective measures have been exhausted and only after such child and parent or guardian have been afforded an opportunity of being heard: Provided that such a pupil shall be admitted to an institution that focuses on correction in the context of education. - 36 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 36. Prohibition against physical punishment and mental harassment to the child.
Pupils have the right not to be subjected to torture or cruel, inhuman or degrading treatment or punishment (physical or psychological).
Section 36. Prohibition against physical punishment and mental harassment to the child. Section 36(1) No pupil shall be subjected to torture and cruel, inhuman or degrading treatment or punishment, in any manner, whether physical or psychological. Section 36(2) A person who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction to a fme not exceeding one hundred thousand shillings or to imprisonment not exceeding six months or both. - 37 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 37. Holiday Tuition
Pupils are entitled not to be subjected to holiday tuition.
Section 37. Holiday Tuition Section 37(1) No pupil shall be subjected to holiday tuition. Section 37(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a period not exceeding one year or to both. - 38 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 38. Prohibition against employment of a child of compulsory school age.
No person shall employ a child of compulsory school age in work that prevents the child from attending school.
Section 38. Prohibition against employment of a child of compulsory school age. Section 38(1) No person shall employ a child of compulsory school age in any labour or occupation that prevents such child from attending school. Section 38(2) Any person who employs or prevents a child who is subject to compulsory attendance from attending school is guilty of an offence and is liable to fme not exceeding five million or to a period not exceeding five years or to both. - 39 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 39. Responsibility of the Government
The Government is responsible for providing free and compulsory basic education to every child.
Section 39. Responsibility of the Government Section provide free and compulsory basic education to every child; - 40 Verify source ↗
FREE AND COMPULSORY BASIC EDUCATION - 40. Duty of a principal or headteacher
HeadTeacher must investigate when a pupil fails to attend; parents who, without reasonable cause and after written notice, fail to comply with section 38 commit an offence and face fines or imprisonment.
Section 40. Duty of a principal or headteacher Section 40(1) Where a pupil fails to attend school, the HeadTeacher shall cause investigation of the circumstances of the child's absence from school; Section 40(2)(a) issue a written notice to the parent of the child requiring that parent to comply with the provisions of this Act. Section 40(2)(b) submit a report on the child to the County Education Board. Section 40(2)(c) submit a report on the child to the County Education Board. Section 40(3) Any parent who without a reasonable cause and after a written notice from the headteacher, fails to comply with section 38 of this Act, commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a period not exceeding two years or to both.
Part IX
STANDARDS, QUALITY ASSURANCE AND RELEVANCE
- 64 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 64. Establishment of the Education Standards and Quality Assurance Council.
Creates an Education Standards and Quality Assurance Council and assigns it duties to maintain standards and quality in basic education, administer policies, oversee curriculum delivery, monitor assessments with county education, and evaluate standards.
Section 64. Establishment of the Education Standards and Quality Assurance Council. Section 64(1) There shall be established an Education Standards and Quality Assurance Council. Section 64(2)(a) ensure standards and maintain quality in institutions of basic education; Section 64(2)(b) administer policies and guidelines set for basic education; Section 64(2)(c) supervise and oversee curriculum implementation and delivery; Section 64(2)(d) in cooperation with county education, monitor the conduct of assessments and examinations in institutions of basic education; Section 64(2)(e) monitor and evaluate standards and quality in basic education. Section 64(3) The Cabinet Secretary shall by regulations prescribe the composition, appointment and terms of service of the members of Education Standards and Quality Assurance Council in accordance with the Constitution and this Act - 65 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 65. Composition and staff at Education Standards and Quality Assurance Council.
The Council must appoint quality assurance and standards officers for the purposes of this Act.
Section 65. Composition and staff at Education Standards and Quality Assurance Council. Section 65(1) The Council shall appoint quality assurance and standards officers for the purposes of this Act. Section 65(2)(a) the relationship between the Cabinet Secretary and the Director-General; Section 65(2)(b) the composition of Education Standards and Quality Assurance Council; Section 65(2)(c) functions of key officers of Education Standards and Quality Assurance Council; Section 65(2)(d) qualifications of members and key staff; Section 65(2)(e) the relative autonomy of Education Standards and Quality Assurance Council; and Section 65(2)(f) the retention by the Cabinet Secretary of policy making and oversight. - 66 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 66. Powers of the Quality Assurance and Standards Officers.
Quality Assurance and Standards Officers must promote and facilitate compliance with education standards, have powers to enter and inspect institutions, require documents and attendance, take recordings, recommend suspension, and may make recommendations to authorities; school heads must allow access and provide records when requested.
Section 66. Powers of the Quality Assurance and Standards Officers. Section 66(1) The Quality and Assurance officers shall facilitate compliance with standards by promoting a collegial and collective approach to quality assurance. Section 66(2) Education Standards and Quality Assurance Council and Quality Assurance Officers shall provide appropriate incentives for voluntary compliance with the standards and quality assurance in basic education. Section 66(3)(a) at any time enter any basic education and training institution with or without notice to ensure compliance with education standards and regulations Section 66(3)(b) to produce for his or her quality review any time table syllabus, or record book, material or document; Section 66(3)(b)(i) to produce for his or her quality review any time table syllabus, or record book, material or document; Section 66(3)(b)(ii) to furnish the Quality Assurance and Standards Officer with such information relating to the teaching or the management of the basic education institution; Section 66(3)(c) require by order in writing, the attendance before him or her any person who appears to be acquainted with the facts or circumstances of the case. Section 66(3)(d) take such photographs or video recording as the Quality Assurance and Standards Officer deems necessary of the premises and persons reasonably believed to be acquainted with the fact or the circumstances of the case. Section 66(4) An officer appointed under this section shall have power to recommend temporary suspension of operations of the institutions to the County Education Board for a specific period until the basic standards are met. Section 66(5) A Quality Assurance and Standards Officer may make recommendations to the Teachers Service Commission and County Education Board for necessary action. Section 66(6) The head, institutional managers, directors, heads or principals shall allow access to all parts and records of the institution. Section 66(7) On being so requested by an officer appointed under this section, the head principal or any other person responsible for the school shall place at the disposal of the officer all the facilities, records, accounts, notebooks, examination scripts and other materials belonging to the school that the officer may reasonably require for the purpose of the inspection of the school or the inspection or audit of its accounts. Section 66(8) In this section, "school" shall include any part of the school and any building used in connection with the school, including workshops, dormitories, kitchens, sanatoria, hostels, ancillary buildings and any other buildings on the site of the school. - 67 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 67. Cabinet Secretary and promoters to be responsible for maintenance of standards.
Specific education authorities must ensure maintenance of standards, quality and relevance of education and training.
Section 67. Cabinet Secretary and promoters to be responsible for maintenance of standards. Section The Cabinet Secretary, the Teachers Service Commission, the Standards and Quality Assurance Council, the National Education Board, the national quality assurance bodies, and the County Education Boards shall ensure the maintenance of standards, quality and relevance of education and training as provided for under this Act or any other written law. - 68 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 68. National Qualifications Framework
The Principal Secretary must oversee the administration and implementation of the National Qualifications Framework with regard to basic education.
Section 68. National Qualifications Framework Section 68(1)(a) set the standards and benchmarks for qualifications and competencies including skills, knowledge, attitudes and values; Section 68(1)(b) define the levels of qualifications and competencies; Section 68(1)(c) provide for the recognition of attainment or competencies including skills, knowledge, attitudes and values; and Section 68(1)(d) facilitate linkages, credit transfers and exemptions and a vertical and horizontal mobility at all levels to enable entry, re-entry and exit. Section 68(2) The Principal Secretary shall oversee the administration and implementation of the National Qualifications Framework with regard to basic education under this Act or any other written law. - 69 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 69. Review of standards, quality and relevance
The Cabinet Secretary must continuously review, evaluate and monitor policies on standards and relevance in education and training, in consultation with relevant departments or agencies and stakeholders, through regulations and appropriate measures.
Section 69. Review of standards, quality and relevance Section The Cabinet Secretary shall in consultation with the relevant departments or agencies and stakeholders through regulations and appropriate measures continuously review, evaluate and monitor policies on standards and relevance in education and training to assure and ensure standards, quality and relevance. - 70 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 70. National and international standards and quality assurance.
Section directs development or adaptation of appropriate national and international standards.
Section 70. National and international standards and quality assurance. Section develop or adapt appropriate national and international standards; - 71 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 71. Standards, quality and relevance in education
Ensure compliance with quality and relevance in the provision and delivery of education.
Section 71. Standards, quality and relevance in education Section ensure compliance with quality and relevance in the provision and delivery of education; - 72 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 72. Guidelines on standards, quality an relevance.
The Cabinet Secretary must make regulations on standards, quality and relevance in education in Kenya in consultation with relevant stakeholders.
Section 72. Guidelines on standards, quality an relevance. Section The Cabinet Secretary shall, in consultation with the relevant stakeholders, make Regulations on standards, quality and relevance in education in Kenya. - 73 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 73. Policy and guidelines on curricula.
The Cabinet Secretary must, with advice from the National Education Board, continuously develop, review, evaluate and monitor the curriculum and must make regulations; basic education institutions may initiate curriculum policy reviews in consultation with quality assurance bodies, agency and industry; curriculum must be reviewed every five years.
Section 73. Policy and guidelines on curricula. Section 73(1) To ensure standards, quality and relevance in curriculum development, the Cabinet Secretary shall, upon advice of the National Education Board, continuously develop, review, evaluate and monitor the curriculum: Provided that the curriculum shall be reviewed every five years. Section 73(2) Basic education institutions may, in consultation with the national quality assurance bodies, curriculum development agency and industry, initiate the review of policy on curriculum in their respective areas. Section 73(3) The policy and guidelines on curricula developed under this section shall secure the competencies and learning outcomes for the relevant structures and levels under the National Qualifications Framework. Section 73(4) The Cabinet Secretary shall, in consultation with the relevant stakeholders make appropriate regulations to implement the provisions of this section. - 74 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 74. Curricula development
The section establishes a Kenya Institute of Curriculum Development; the Cabinet Secretary must accredit curriculum development agencies; accredited agencies must develop curricula per the National Qualifications Framework and Act policies; any person or institution may propose curricula; contravening the section is an offence.
Section 74. Curricula development Section 74(1) There shall be a Kenya Institute of Curriculum Development whose mandate shall include curriculum development for basic education. Section 74(2) Subject to subsection (1), the Cabinet Secretary shall accredit curriculum development agencies for all levels and programmes on the basis of approved criteria. Section 74(3) Subject to subsection (1), the curricula shall be developed for all levels and programmes by accredited agencies in accordance with the National Qualifications Framework and the policies and guidelines developed and established under this Act. Section 74(4) Any person or institution may propose a curriculum to an accredited curriculum agency. Section 74(5) Any person who contravenes the provisions of this section commits an offence. - 75 Verify source ↗
STANDARDS, QUALITY ASSURANCE AND RELEVANCE - 75. Prohibition of development and examination of own curriculum
No person or institution may both develop and teach and examine and certify a curriculum unless they have accreditation and approval under this Act.
Section 75. Prohibition of development and examination of own curriculum Section Except as otherwise provided for under this Act, no person or institution shall combine the functions of developing and teaching and examining or assessing and issuing a certificate in respect of a curriculum without accreditation and approval in accordance with the provisions of this Act.
Part V
SYSTEM AND STRUCTURE OF EDUCATION
- 41 Verify source ↗
SYSTEM AND STRUCTURE OF EDUCATION - 41. Promotion of education
Promotion of education
Section 41. Promotion of education Section early childhood education; - 42 Verify source ↗
SYSTEM AND STRUCTURE OF EDUCATION - 42. Structure of education
Sets structural goals for education access and assigns duties to the Cabinet Secretary to make regulations and advise government on financing and environmental protection education.
Section 42. Structure of education Section 42(1) The system shall be so structured as to enable learners to access education and training at any level in a sequence, and at a pace that may be commensurate with the individual learner's physical, mental and intellectual abilities and the resources available. Section 42(2) The Cabinet Secretary in consultation with the National Education Board and other relevant stakeholders shall make Regulations prescribing an appropriate structure for education and training. Section 42(3) The Cabinet Secretary in consultation with the National Education Board shall advise the government on the financing of technical, vocational and talent education. Section 42(4) The Cabinet Secretary shall upon advice of the National Education Board advice the government on the promotion of environmental protection education for sustainable development. - 43 Verify source ↗
SYSTEM AND STRUCTURE OF EDUCATION - 43. Categories of schools
Defines public and private schools, and prohibits converting a public basic education institution to private status without consultation and Cabinet Secretary approval.
Section 43. Categories of schools Section 43(1)(a) public schools which are schools established, owned or operated by the Government and includes sponsored schools; Section 43(1)(b) private schools as those established, owned or operated by private individuals, entrepreneurs and institutions. Section 43(2) A public basic education institution shall not be converted to a private basic education institution or to any other private status without consultation with the National Education Board and approval by the Cabinet Secretary.
Part VI
SPECIAL NEEDS EDUCATION
- 44 Verify source ↗
SPECIAL NEEDS EDUCATION - 44. Establishment and management of special institutions
The Cabinet Secretary must establish and maintain public special schools, provide special needs education in suitable schools, and ensure special schools have appropriate trained staff, infrastructure, learning materials and equipment.
Section 44. Establishment and management of special institutions Section 44(1) Subject to the Constitution and the provisions of this Act, the Cabinet Secretary shall establish and maintain public special schools. Section 44(2) The Cabinet Secretary shall provide special needs education in special schools established under subsection (1) or in early childhood, primary and secondary schools suitable to the needs of a pupil requiring special education. Section 44(3)(a) intellectually, mentally, physically, visually, emotionally challenged or hearing impaired learners; Section 44(3)(b) pupils with multiple disabilities; and Section 44(3)(c) specially gifted and talented pupils. Section 44(4) The Cabinet Secretary shall ensure that every special school or educational institution with learners with special needs is provided with appropriate trained teacher, non teaching staff, infrastructure, learning materials and equipment suitable for such learners. [Act No. 3 of 2021 , s. 70.] - 45 Verify source ↗
SPECIAL NEEDS EDUCATION - 45. Regulations in special needs education.
The Cabinet Secretary may make regulations governing establishment and management of special schools and institutions offering special needs education, including prescribing curricula, standards, categories of pupils, and monitoring mechanisms.
Section 45. Regulations in special needs education. Section 45(1) The Cabinet Secretary may make regulations for the establishment and management of special schools and institutions offering special needs education to pupils with special needs. Section 45(2)(a) prescribe the duration of primary and secondary education suitable to the needs of a pupil pursuing special needs education; Section 45(2)(b) provide for the learning and progression of children with special needs through the education system; Section 45(2)(c) prescribe standards and requirements relating to the conduct of schools making provision for special needs education for pupils with special needs. Section 45(2)(d) prescribe the curriculum to be used in respect of special needs education; Section 45(2)(e) prescribe the categories of pupils requiring special needs education and methods appropriate for the education of pupils in each category of special school or educational institutions under section 42 ; Section 45(2)(f) prescribe guidelines for the promotion of education for children with special needs; Section 45(2)(g) establish mechanisms to ensure that every special school or educational institution offering special needs education has appropriate personnel, infrastructure, learning materials and equipment; and Section 45(2)(h) establish a mechanism for monitoring and evaluation to advice the government on the quality of infrastructure and learning facilities in regard to special needs education. Section 45(3) The curriculum used in special needs education shall comply with the requirement of the national curriculum in so far as it is reasonably practicable. - 46 Verify source ↗
SPECIAL NEEDS EDUCATION - 46. Duty of County education Boards to provide child guidance service.
Every County Education Board must, in consultation with the relevant county government and subject to the Constitution and this Act, provide education assessment and research centres including a special needs service in identified clinics in the county.
Section 46. Duty of County education Boards to provide child guidance service. Section 46(1) Subject to the Constitution and the provisions of this Act, it shall be the duty of every County Education Board in consultation with the relevant county government to provide for education assessment and research centers including a special needs service in identified clinics in the county. Section 46(2)(a) the study of children with special education needs within the county; Section 46(2)(b) the giving of advice to parents and teachers as to appropriate methods of education for such children; Section 46(2)(c) in suitable cases, provision for the special education needs of such children in the identified clinics; and - 47 Verify source ↗
SPECIAL NEEDS EDUCATION - 47. Report of child with special needs by County Education Board
The County Education Board must consider future provision for each child with special needs in its area after basic education and must report to the Director-General or relevant Director.
Section 47. Report of child with special needs by County Education Board Section 47(1) It shall be the duty of the County Education Board to consider in relation to each child with special needs belonging to schools in their area, what provision would benefit him or her after he or she completes basic education and to make a report to the Director-General or relevant Director. Section 47(2)(a) recommendations as to whether the child would benefit from school education after he or she completes basic education; Section 47(2)(b) a summary of the child's impairments or talent; Section 47(2)(c) a statement of the special educational needs arising from those impairments or talents; Section 47(2)(d) a statement of the measures proposed by the education authority to be taken to meet those needs; and Section 47(2)(e) where appropriate, the proposal of a school of higher learning to be attended by him or her. - 48 Verify source ↗
SPECIAL NEEDS EDUCATION - 48. Future provision for children with special needs
A County Education Board must, in consultation with the Cabinet Secretary, make arrangements to enable a pupil with special needs to attend an establishment in or outside Kenya.
Section 48. Future provision for children with special needs Section 48(1) A County Education Board shall in consultation with the Cabinet Secretary make such arrangements as they deem fit to enable a pupil with special needs attend an establishment whether or not a school in or outside Kenya if that establishment makes provision wholly or mainly gifted or talented learners or advantage of the pupil for one or both of his or her parents, or some other person, to be present with him or her at the establishment during the period of the attendance, learners with disabilities. Section 48(2)(a) the fees payable for the pupil's attendance and his or her travelling, maintenance and other expenses in respect of that attendance; and Section 48(2)(b) where in the opinion of the Cabinet Secretary it would be to the such expenses of, as the case may be, the parent, parents or other person.
Part VII
PRIVATE EDUCATIONAL INSTITUTIONS
- 49 Verify source ↗
PRIVATE EDUCATIONAL INSTITUTIONS - 49. Establishment private schools
Any person may establish and maintain a private school.
Section 49. Establishment private schools Section Subject to the Constitution and the provisions of this Act, any person may establish and maintain a private school. - 50 Verify source ↗
PRIVATE EDUCATIONAL INSTITUTIONS - 50. Registration of private schools
A person must not establish or maintain a private school unless the school is registered under this Act.
Section 50. Registration of private schools Section 50(1) A person shall not establish or maintain a private school unless it is registered under this Act. Section 50(2)(a) the proprietor is disqualified from being a proprietor by reason of Article 10 or Chapter Six of the Constitution; Section 50(2)(b) a teacher employed in the school is not registered by the Teachers Service Commission; Section 50(2)(c) the school premises, or any part of those premises, are unsuitable for a school; or Section 50(2)(d) the proprietor or manager has been convicted of any crime against children under the Sexual Offences Act (Cap. 63A) and Counter Trafficking in Persons Act (Cap. 61). Section 50(3) Subject to the provisions of this Act, the registration of any private school shall be provisional for a term of one year renewable for one further term of one year until the institution is quality assured and notice given in writing to the proprietor that the registration is final. Section 50(4)(a) conducts a private school which is not a registered school or a provisionally registered school, or Section 50(4)(b) being the proprietor of a private school does any act calculated to lead to the belief that the school is a registered school while it is a provisionally registered school, - 51 Verify source ↗
PRIVATE EDUCATIONAL INSTITUTIONS - 51. Right to attend a private school
Any person who requires basic education may attend a private school.
Section 51. Right to attend a private school Section Any person requiring basic education may attend a private school. - 52 Verify source ↗
PRIVATE EDUCATIONAL INSTITUTIONS - 52. Duties and rights of a private school
Private schools must perform specified duties—establish governance and educational structures, recruit registered teachers, follow the approved curriculum, maintain premises and materials, keep and submit pupil data to the Cabinet Secretary, and when requested provide evidence of pupil progress; the County Education Board (with the Teachers Service Commission) must assess private schools and inspect facilities as required by the Cabinet Secretary.
Section 52. Duties and rights of a private school Section 52(1)(a) establish necessary educational and governance structures; Section 52(1)(b) recruit registered teachers; Section 52(1)(c) comply with and follow the approved curriculum; Section 52(1)(d) maintain premises that meet the requirements of the occupational health, safety regulations and building standards; Section 52(1)(e) maintain necessary teaching and learning materials; Section 52(1)(f) maintain a data bank on pupils undertaking education in the school and submit to the Cabinet Secretary; Section 52(1)(g) where requested by the Cabinet Secretary, provide evidence that pupils are making reasonable educational progress appropriate for their age and grade level based upon results of nationally recognized standardized achievement tests. Section 52(2) The County Education Board in consultation with the Teachers Service Commission shall assess a private school, including teachers, non teaching staff, the school's educational programmes and the school instructional materials, to inspect the school's facilities and to perform such other appropriate functions with respect to the private school as the Cabinet Secretary may require.
Part VIII
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING
- 53 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 53. Governance and management of education and training
The Cabinet Secretary must be responsible for overall governance and management of basic education, and subject to the Act must by regulation entrust governance or management of any aspect of basic education and training to an appropriate agency, body, organ or institution.
Section 53. Governance and management of education and training Section 53(1) The Cabinet Secretary shall be responsible for the overall governance and management of basic education. Section 53(2) Subject to the provisions of this Act, the Cabinet Secretary shall by regulation entrust the governance or management of any aspect of basic education and training to any agency, body, organ or institution as may be appropriate for the purposes of this Act. - 54 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 54. Structures of governance and management in education.
The Cabinet Secretary must make regulations to establish governance and management structures for basic education at national and county levels; the Cabinet Secretary must deploy County Directors of Education; County Directors have specified responsibilities and authority.
Section 54. Structures of governance and management in education. Section 54(1) For purposes of ensuring effective and efficient management of basic education in Kenya, the Cabinet Secretary shall by regulation establish such structures of governance and management at national and county levels as may be appropriate. Section 54(2)(a) encourage cooperation and collaboration among all stakeholders involved in governance and management of basic education; Section 54(2)(b) decentralize decision making authority on financial and human resources and related functions in basic education; Section 54(2)(c) enhance the culture of democracy, accountability and transparency in the governance and management of basic education; and Section 54(2)(d) ensure effective and efficient delivery of basic education at all levels. Section 54(3) There shall be a Director-General appointed through an open and competitive process under the Public Service Commission Act in consultation with the Cabinet Secretary. Section 54(4)(a) The Director-General appointed under subsection 3 shall be responsible to the Principal Secretary. Section 54(4)(b) The Director-General shall have functions prescribed in any written law and the directions of the Cabinet Secretary. Section 54(5) There shall be a County Director of Education deployed by the Cabinet Secretary through an open and competitive process. Section 54(6) The County Director of Education shall be Secretary to the County Education Board and holder of the authority to incur expenditure of the educational account in the country. Section 54(7)(a) implementation of education policies; Section 54(7)(b) co-ordination and supervision of all education officers and support staff at the County level; Section 54(7)(c) management of basic education, adult continuing education, non-formal, special needs education, tertiary and other educational programmes; Section 54(7)(d) initiating educational policies at County level; Section 54(7)(e) liaise with Kenya National Examination Council on management of national examinations; Section 54(7)(f) maintenance of quality assurance and standards in the County; Section 54(7)(g) management and monitoring the implementation of educational programmes; Section 54(7)(h) advising and facilitating the establishment and registration of learning institutions by the County government; Section 54(7)(i) administration of education management information system and the related information and communication technology at the County level; Section 54(7)(j) facilitate auditing of all basic education institutions in the County; Section 54(7)(k) advise the County Education Board on selection and appointment of Boards of Management (BOMs), School Management Committees and Parents Associations; Section 54(7)(l) co-ordinate capacity building and development for officers, school managers, Boards of Management and curriculum implementers; Section 54(7)(m) admissions, transfers and discipline of students; Section 54(7)(n) co-ordination of partners and education providers in the County including links with Government Departments on all education matters; Section 54(7)(o) supervision of handing and taking over in schools and educational institutions in consultation with the Teacher Service Commission; Section 54(7)(p) oversee the proper management and maintenance of school buildings, property and infrastructure development; Section 54(7)(q) monitoring and evaluation of education programmes; Section 54(7)(r) management of co-curricular activities, sports education and talent development in basic education institutions in the County; Section 54(7)(s) any other duties assigned by the Cabinet Secretary. Section 54(8) The County Director of Education shall, in the performance of the functions under subsection (7), have due regard to the teacher management functions provided under Article 237 of the Constitution and the Teachers Service Commission Act. - 55 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 55. Board of management
Schools must have parents associations; private schools must establish parents' teachers associations.
Section 55. Board of management Section 55(1)(a) deleted by ActNo. 3 of 2021 ; Section 55(1)(b) primary school; Section 55(1)(c) secondary school; Section 55(1)(d) adult and continuing education centre; Section 55(1)(e) multipurpose development training institute; or Section 55(1)(f) middle level institutions of basic education. Section 55(2) Notwithstanding subsection (1) every school shall have a parents association which shall be constituted in the manner set out in the Third Schedule. Section 55(3) Every private school shall establish a parents' teachers association. [Act No. 3 of 2021 , s. 70.] - 56 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 56. Composition of Board of Management.
Section 56 sets out membership and governance rules for a school's Board of Management, including who composes the board, the Board's power to co‑opt members, voting restrictions for co‑opted members, and rules for selecting or appointing the Chairperson.
Section 56. Composition of Board of Management. Section 56(1)(a) six persons elected to represent parents of the pupils in the school or local community in the case of county secondary schools; Section 56(1)(b) one person nominated by the County Education Board; Section 56(1)(c) one representative of the teaching staff in the school elected by the teachers; Section 56(1)(d) three representatives of the sponsors of the school; Section 56(1)(e) one person to represent special interest groups in the community; and Section 56(1)(f) one person to represent persons with special needs; Section 56(1)(g) a representative of the students' council who shall be an ex officio member Section 56(2) The Board of Management may from time to time co-opt into its membership such persons as it is satisfied possess skills and experience to assist in the discharge of the Board's functions. Section 56(3) The number of members of the Board of Management co-opted under subsection (2) shall not exceed three at any particular time and such members do not have a right to vote at the meetings of the Board. Section 56(4) The members of the Board of Management shall elect their Chairperson from amongst themselves provided that the member to be so elected shall not be a person who was appointed under subsection (1)(c). Section 56(5) For public schools sponsored by faith-based organisations, the Chairperson of the Board of Management shall be appointed by the County Education Board in consultation with the sponsor. Section 56(6) For a public school, the Chairperson of the Board of Management shall be elected by the members in their first meeting. Section 56(7) Despite subsection (5), a faith-based sponsor who does not make a significant contribution and impact to a school or institution as contemplated under section 2 of the Act shall not be consulted in the appointment of the Chairperson of the Board of Management of that school or institution. Section 56(8) The conduct and affairs of the Board of Management shall be as set out in the Fourth Schedule. Section 56(9)(a) primary school; Section 56(9)(b) secondary school; Section 56(9)(c) adult and continuing education centre; and Section 56(9)(d) multipurpose development training institute. - 57 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 57. Qualifications of members of boards of management
The Cabinet Secretary must, by regulations, prescribe qualifications for persons appointed or co‑opted to boards of management of basic education institutions.
Section 57. Qualifications of members of boards of management Section 57(1) The Cabinet Secretary shall, by regulations members of boards of management. prescribe the qualifications for persons who may be appointed to or co-opted into the Board of Management of a primary school, secondary school, adult continuing education centre, multipurpose development training institution or any basic education institution under this Act. Section 57(2)(a) the ethnic and regional diversity of the people of Kenya; Section 57(2)(b) impartiality and gender equity; and Section 57(2)(c) Article 10 and Chapter Six of the Constitution. - 58 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 58.[Repealed by ActNo. 3 of 2021, s. 70.]
Section 58 has been repealed.
Section 58.[Repealed by ActNo. 3 of 2021, s. 70.] - 59 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 59. Functions of the Board of Management
The Board of Management must promote the best interests of the institution and ensure its development.
Section 59. Functions of the Board of Management Section promote the best interests of the institution and ensure its development; - 60 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 60. Annual report on governance
Every public school or institution of basic education must submit an annual report to the Director of Basic Education.
Section 60. Annual report on governance Section Every public school or institution of basic education shall, submit on an annual basis a report to the Director of Basic Education. - 61 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 61. Committees of the Board of Management of a basic institution.
The board of management of a basic education institution may establish committees to perform functions and discharge responsibilities it considers necessary.
Section 61. Committees of the Board of Management of a basic institution. Section 61(1) The board of management of an institution of basic education may establish such committees as the Board may consider appropriate to perform such functions and discharge such responsibilities as the Board may deem necessary. Section 61(2)(a) finance, procurement and general purposes committee; Section 61(2)(b) academic standards, quality and environment committee; Section 61(2)(c) discipline, ethics and integrity committee; Section 61(2)(d) audit committee; and Section 61(2)(e) human rights and student welfare committee. - 62 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 62. Secretary to the Board of Management.
The head of a basic education institution must serve as the secretary to the Board of Management.
Section 62. Secretary to the Board of Management. Section The head of a basic education institution shall be the secretary to the Board of Management. - 63 Verify source ↗
GOVERNANCE AND MANAGEMENT OF BASIC EDUCATION AND TRAINING - 63. Remuneration of the members of the Board of management
Members of the Board of Management must be paid allowances as provided by the Cabinet Secretary by regulations on the advice of the Salaries and Remuneration Commission.
Section 63. Remuneration of the members of the Board of management Section The members of the Board of Management shall be paid such allowances as the Cabinet Secretary may provide by regulations upon the advice of the Salaries and Remuneration Commission.
Part X
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION
- 76 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 76. Licensing, registration and accreditation of persons and institutions of education, training and research
Persons or organisations wanting to establish a basic education institution must apply in the prescribed manner to the relevant County Education Board; the Board must record the application, notify the applicant within thirty days if satisfied the requirements are met, and if approved inform the county office representing the Education, Standards and Quality Assurance Council for primary or secondary schools.
Section 76. Licensing, registration and accreditation of persons and institutions of education, training and research Section 76(2) A person or organization intending to establish an institution offering basic education shall make an application in the prescribed manner to the relevant County Education Board. Section 76(3)(a) record the application; and Section 76(3)(b) if satisfied that the establishment of the institution conforms to the prescribed requirements, notify the applicant within thirty days. Section 76(4) Where an application is approved the County Education Board shall inform the office representing the Education, Standards and Quality Assurance Council at the county in the case of a primary or secondary school. [Act No. 3 of 2021 , s. 70.] - 77 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 77. Rejection of application by the County Education Board
The County Education Board may reject an application if it is not satisfied the institution meets the Act's requirements and must notify the applicant within thirty days; a person aggrieved may appeal to the Education Appeals Tribunal within thirty days of the decision.
Section 77. Rejection of application by the County Education Board Section 77(1) Where the County Education Board is not satisfied that the institution has complied with the requirements set out under this Act the Board may reject the application and notify the applicant of the decision within thirty days. Section 77(2) Any person aggrieved by the decision of the County Education Board under subsection (1) may appeal to the Education Appeals Tribunal within a period of thirty days of the decision. - 78 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 78. Offence to promote without being licensed or accredited and registered.
Persons must not promote, manage or teach basic education unless accredited and registered; persons must not use premises to provide education by any mode unless the institution has undergone quality review and approval. Contravention is an offence punishable by a fine not exceeding twenty million shillings or imprisonment not exceeding three years or both.
Section 78. Offence to promote without being licensed or accredited and registered. Section 78(1) A person shall not engage in the promotion, management, or teaching of basic education unless such person is accredited and registered in accordance with the provisions of this Act. Section 78(2) A person may not use any premises or facilities to provide education and training through face to face, open distant or electronic learning or any other mode of delivery unless the institution has undergone quality review and approved in accordance with this Act. Section 78(3) Any person who contravenes the provisions of this section commits an offence and shall be liable on conviction to a fine not exceeding twenty million shillings or a term of imprisonment not exceeding three years or to both. - 79 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 79. County Education Board to maintain a databank
The County Education Board must maintain a databank of registered, accredited, licensed and incorporated educational institutions, teachers, and pupils/students in the County.
Section 79. County Education Board to maintain a databank Section 79(1)(a) registered, accredited, licensed and incorporated institutions of education, training and or research in the County; Section 79(1)(b) teachers in the County; and Section 79(1)(c) pupils and students. Section 79(2) The register established and maintained under subsection (1) shall be open to the public for inspection during normal working hours. Section 79(3) The Board shall deal with any relevant personal data collected and so held in the register according to the data principles set out in the Data Protection Act, No. 24 of 2019 . [Act No. 24 of 2019 , 2nd Sch.] - 80 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 80. Fees.
Any person applying to establish, license, register or accredit a basic education and training institution must pay the prescribed fees to the relevant agencies.
Section 80. Fees. Section Any person making an application for the establishment, licensing, registration and accreditation of a basic education and training institution shall pay the prescribed fees to the relevant agencies under the Act or any other written law. - 81 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 81. Rules, regulations and guidelines on quality.
The Cabinet Secretary must, in consultation with the Education, Standards and Quality Assurance Council and relevant stakeholders, establish guidelines and prescribe rules and regulations for establishing, licensing, accrediting and registering basic education and training institutions.
Section 81. Rules, regulations and guidelines on quality. Section The Cabinet Secretary shall in consultation with Education, Standards and Quality Assurance Council, and the relevant stakeholders establish guidelines and prescribe rules and regulations for the establishment, licensing, accreditation and registration of basic education and training institutions. - 82 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 82. Licensing of an institution basic education and training.
The Education, Standards and Quality Assurance Council must assess licence applications for basic education institutions and report to the County Education Board; institutions must meet specified staffing, facilities, premises, health and safety, infrastructure and equipment requirements.
Section 82. Licensing of an institution basic education and training. Section 82(1) The Education, Standards and Quality Assurance Council shall assess the application to ensure due compliance with the standards formulated and developed under this Act and submit its report to the County Education Board. Section 82(2)(a) the institution has sufficient number of registered teachers and non teaching staff under the staffing norms prescribed by the Education Standards and Quality Assurance office for the county have been complied with. Section 82(2)(b) the institution has appropriate teaching and learning facilities; Section 82(2)(c) the available premises and accommodation are suitable with regard to the number, age, gender, and security of the learners who are to attend the institution; Section 82(2)(d) the premises and accommodation conform to the prescribed requirements of the occupational health and safety regulations; Section 82(2)(e) the necessary and suitable infrastructure as well appropriate and adequate equipment to carry out the programmes applied for as may be prescribed by regulations. - 83 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 83. Application to County Education Board for establishment of a basic education institution.
An application to the County Education Board for establishing a basic education institution must provide the section name and the physical, postal and electronic addresses of the proposed institution.
Section 83. Application to County Education Board for establishment of a basic education institution. Section name, physical, postal and electronic addresses of the proposed institution; - 84 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 84. Examinations and assessments
Public examinations must be conducted as provided under the Kenya National Examination Council Act; the section also addresses school-based assessments, conditions, and certification of those assessments.
Section 84. Examinations and assessments Section 84(1) Public examinations shall be conducted as provided for under the Kenya National Examination Council Act (Cap. 225A) Section 84(2)(a) the conduct of school based assessments; Section 84(2)(b) conditions; Section 84(2)(c) the certification of school based assessments. - 85 Verify source ↗
LICENSING, REGISTRATION AND ACCREDITATION PROCEDURES IN BASIC EDUCATION - 85. Appeal against decision of County Education Board
An aggrieved person may, within thirty days of being notified, appeal a County Education Board decision to the Education Appeals Tribunal.
Section 85. Appeal against decision of County Education Board Section Any person aggrieved by the decision of County Education Board under this Part may, within thirty days of being notified of the decision, appeal against such a decision to the Education Appeals Tribunal established under section 93 .
Part XI
FINANCIAL PROVISIONS
- 86 Verify source ↗
FINANCIAL PROVISIONS - 86. Financing of basic education.
Funds described in subsection (1) are to be used to promote basic education.
Section 86. Financing of basic education. Section 86(1)(a) monies provided by Parliament for the purposes of the Department; Section 86(1)(b) any funds provided by bilateral or multilateral donors, for the purpose of the basic education; Section 86(1)(c) monies that may accrue to or vest in the in the course of the exercise of its functions under this Act; Section 86(1)(d) gifts, grants, donations or endowments as may be given to the Department; Section 86(1)(e) monies that may be borrowed by the Departmentfor the discharge of the functions of the Department; Section 86(1)(f) fees for services rendered to any designated institution in terms of a service agreement; and Section 86(1)(g) monies from any other source provided for the Department or relevant educational institution or programme. Section 86(2) The funds shall be used to promote basic education. - 87 Verify source ↗
FINANCIAL PROVISIONS - 87. Financial year
The financial year of the Department of Education shall be the government financial year.
Section 87. Financial year Section The financial year of the Department of Education Financial year shall be the government financial year. - 88 Verify source ↗
FINANCIAL PROVISIONS - 88. Annual estimates.
The Cabinet Secretary must cause the Department's annual estimates of revenue and expenditure to be prepared before the start of each financial year; Parliament must approve those annual estimates before the financial year begins.
Section 88. Annual estimates. Section 88(1) Before the commencement of each financial year, the Cabinet Secretary shall cause to be prepared estimates of revenue and expenditure of the Department for that year. Section 88(2)(a) the payment of salaries, allowances and other changes in respect of the staff of the Department; Section 88(2)(b) the payment of pensions, gratuity and other changes in respect of retirement benefits which are payable out of the funds of the Department; Section 88(2)(c) the acquisition, maintenance, repair and replacement of the equipment, facilities and other movable properties of the Department; Section 88(2)(d) the proper maintenance of buildings and grounds of the Department; Section 88(2)(e) the 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 Department may deem as appropriate; Section 88(2)(f) the infrastructural development; and Section 88(2)(g) conditional capitation funds to facilitate the acquisition of sufficient and quality sanitary towels to every girl child registered and enrolled in a public basic education institution who has reached puberty. Section 88(3) The annual estimates shall be approved by Parliament before the commencement of the financial year to which they relate. [Act No. 17 of 2017 , s. 3.] - 89 Verify source ↗
FINANCIAL PROVISIONS - 89. Accounts and Audit of Departments or schools.
The Cabinet Secretary must keep all proper books and records of accounts for the Department, showing income, expenditure, assets and liabilities.
Section 89. Accounts and Audit of Departments or schools. Section 89(1) The Cabinet Secretary shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Department. Section 89(2)(a) a statement of income and expenditure during the year; and Section 89(2)(b) a statement of the assets and liabilities of the Department on the last day of that year. Section 89(3) The accounts of the Department shall be audited and reported upon in accordance with the provisions of the Public Audit Act. - 90 Verify source ↗
FINANCIAL PROVISIONS - 90. School based auditing
Requires the Cabinet Secretary to establish school-based auditing mechanisms and to make regulations for public schools; requires officers responsible for school-based auditing in public schools to advise and work with school leaders and governing bodies to maintain accounts and assets.
Section 90. School based auditing Section 90(1) The Cabinet Secretary shall establish School based auditing mechanisms for school-based auditing. Section 90(2) The officers responsible for school-based auditing for public schools shall advise and work with the respective headteachers, principals, school administrators and governing bodies to ensure the proper maintenance of accounts and assets of the institution. Section 90(3) The Cabinet Secretary shall make appropriate regulations on school based auditing for public schools. - 91 Verify source ↗
FINANCIAL PROVISIONS - 91. Investment of funds
The Cabinet Secretary may invest Department funds in trustee‑permitted or Treasury‑approved securities; the Cabinet may deposit monies not immediately required in banks it determines.
Section 91. Investment of funds Section 91(1) The Cabinet Secretary may invest any of the funds of the Department in securities in which for the time being trustees may by law invest funds or in any other securities which the Treasury may from time to time approve for that purpose. Section 91(2) The Cabinet may place on deposit, with such bank or banks as it may determine, any monies not immediately required for the purpose of the Department.
Part XII
GENERAL PROVISIONS
- 92 Verify source ↗
GENERAL PROVISIONS - 92. General penalties
On a first conviction, the offender is liable to a fine not exceeding two hundred thousand shillings, or to imprisonment not exceeding twelve months, or both.
Section 92. General penalties Section in the case of a first conviction, to a fine not exceeding two hundred thousand shillings or a term of imprisonment not exceeding twelve months, or both; and - 93 Verify source ↗
GENERAL PROVISIONS - 93. The Education Appeals Tribunal.
Creates an Education Appeals Tribunal, allows aggrieved persons to appeal County Education Board decisions to that Tribunal, and requires the Cabinet Secretary to make regulations on its operation and structure.
Section 93. The Education Appeals Tribunal. Section 93(1) There is established an Education Appeal Tribunal. Section 93(2) Any person aggrieved by the decisions of the County Education Board may appeal to the Education Appeals Tribunal. Section 93(3) The Cabinet Secretary in consultation with the National Education Board and relevant stakeholders shall prescribe regulations on the operation and structure of the Education Appeals Tribunal. Section 93(4)(a) the Chairperson of the National Education Board; Section 93(4)(b) the Director-General; Section 93(4)(c) the Secretary to the Teachers Service Commission; Section 93(4)(d) a representative of the Education Standards and Quality assurance Council; Section 93(4)(e) a representative of the Kenya Private Sector Alliance; Section 93(4)(f) a representative of the Attorney-General; and Section 93(4)(g) the Chief Executive Officer of the National Council for Nomadic Education in Kenya. - 94 Verify source ↗
GENERAL PROVISIONS - 94. Establishment of the National Council for Nomadic Education
Establishes the National Council for Nomadic Education in Kenya and provides that the Council shall be constituted in the manner set out in the Sixth Schedule.
Section 94. Establishment of the National Council for Nomadic Education Section 94(1) There is established a National Council for Nomadic Education in Kenya. Section 94(2) Notwithstanding subsection (1), the National Council for Nomadic Education in Kenya shall be constituted in a manner set out in the Sixth Schedule. - 95 Verify source ↗
GENERAL PROVISIONS - 95. Regulations
The Cabinet Secretary may make regulations on a wide range of education matters listed in Section 95, including duties and rights of students.
Section 95. Regulations Section 95(1)(a) prescribing anything that may be prescribed under this Act; and Section 95(1)(b) generally for the better carrying out of provisions of this Act. Section 95(1)(c) on the establishment of Boards of Management for primary schools. Section 95(2)(a) an appropriate structure for education and training Section 95(2)(b) incentives to learners, teachers and non teaching staff; Section 95(2)(c) discipline, corrective measures and expulsion to facilitate compliance; Section 95(2)(d) admission, progression and transfer of learner; Section 95(2)(e) integration of the madrassa, Duksi and pastoral programmes of instructions into the formal education system as appropriate to improve access and retention; Section 95(2)(f) to secure appropriate institutional linkages and relative autonomy for the Kenya National Commission for United Nations Educational Scientific and Cultural Organization to enable it to promote education through culture, natural science, social and human sciences, and information and communication technology. Section 95(3)(a) prescribe standards with regards to the numbers and qualifications of staff, the size of classes and the expenditure on educational standards n accordance with international best practices; Section 95(3)(b) provide for the preparation or approval of curricula, syllabuses, books and other educational materials; Section 95(3)(c) prescribe minimum standards for the health and safety of pupils and for a satisfactory environment for education; Section 95(3)(d) provide for the keeping of registers and records and the submission of returns, including EMIS data; Section 95(3)(e) provide for incentives for submission of reports, returns and related EMIS data; Section 95(3)(f) provide for sanctions and penalties for non submission and falsification of records, reports, returns, and related EMIS data; Section 95(3)(g) provide for admission, suspension, discipline, punishment and expulsion of pupils; Section 95(3)(h) provide for educational calendar; Section 95(3)(i) prescribe how schools shall be classified; Section 95(3)(j) make different provisions with respect to different classes or kinds of schools, impose conditions and make exemptions; Section 95(3)(k) provide for the promotion, development, management and governance of education through ICT Integration and Education, and EMIS, and statutory structural adjustment; Section 95(3)(l) provide for religious instruction and religious education in basic education having regard to the national values and principles under Article 10 and Chapter Six of the Constitution; Section 95(3)(m) provide for teacher education and development; Section 95(3)(n) provide for the implementation of international instruments on education and child rights to which Kenya is a party; and Section 95(3)(o) provide for or prescribe such other matters as the Cabinet Secretary considers necessary or desirable to provide for or prescribe. Section 95(4) The Cabinet Secretary may make regulations prescribing the duties and rights of students.
Part XIII
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
- 100 Verify source ↗
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS - 100. Transfer of property, assets, liabilities and staff.
Property, assets, rights, obligations, liabilities and staff of institutions under repealed Acts transfer to the respective institutions established under this Act.
Section 100. Transfer of property, assets, liabilities and staff. Section 100(1) All immovable and movable property and assets which immediately before the commencement of this Act were vested in, or possessed by the institutions established under the repealed Acts shall by virtue of this section vest in the respective institutions established under this Act without further conveyance, transfer or assignment. Section 100(2) All rights, obligations and liabilities which immediately before the commencement of this Act were vested in or imposed on the institutions established under the repealed Acts are deemed to be the rights, obligations and liabilities of the respective institutions established under this Act. Section 100(3) All references to the offices or institutions established under the repealed Acts in any agreement or instrument relating to any property, assets, rights, privileges, immunity, obligations or liabilities transferred under subsection (1) and (2) and subsisting immediately before the commencement of this Act, shall, unless the context otherwise requires, be read as references to respective offices or institutions established under this Act. Section 100(4) Except as the institutions established under the repealed Acts otherwise directs under the relevant law, all persons who were members of the staff of the offices or institutions established under the repealed Acts shall be members of the staff of respective offices or institutions established under this Act and shall be deemed to have been appointed under this Act on the terms and conditions of service applicable to them immediately before the commencement of this Act. - 101 Verify source ↗
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS - 101. General savings
The Cabinet Secretary may, in consultation with the National Education Board, make regulations to prescribe matters and better carry the Act into effect.
Section 101. General savings Section 101(1) Notwithstanding the repeal of the Acts under all acts, directions, orders, appointments, requirements, authorizations, decisions or other things given, taken or done under, and all funds, assets and other property acquired or disposed of by virtue of the repealed Acts shall, so far as are not inconsistent with this Act, be deemed to have been given, taken, done or acquired or disposed of under this Act. Section 101(2) All rules and regulations made under the repealed Acts and in force immediately prior to the commencement of this Act shall continue to be in force but may be amended or revoked by rules and regulations made under this Act. Section 101(3) All pending disciplinary matters will be determined as if they were commenced under this Act. Section 101(4) All instruments issued by the offices or institutions established under the repealed Acts and in force immediately prior to the commencement of this Act shall be deemed to have been issued under this Act. Section 101(5) All pre-primary institutions currently managed by the Ministry of Education, or any local government shall continue under such management until the first general election under the Constitution. Section 101(6) The Cabinet Secretary may, in consultation with the National Education Board, make regulations prescribing anything which under this Act may be prescribed, and generally for the better carrying into effect the provisions of this Act. - 96 Verify source ↗
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS - 96. Repealed Acts
Repeals the Education Act (Cap. 211).
Section 96. Repealed Acts Section the Education Act (Cap. 211); and - 97 Verify source ↗
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS - 97. Preservation of proceedings and rights of appeal.
Proceedings, instruments and rights of review or appeal that existed immediately before this Act commenced continue to be treated as subsisting under the corresponding enactments in this Act.
Section 97. Preservation of proceedings and rights of appeal. Section Any proceedings, instruments and any right of review appeal subsisting immediately before the commencement of this Act by virtue of the repealed Acts shall after the commencement of this Act be treated as subsisting by virtue of the corresponding enactment in this Act. - 98 Verify source ↗
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS - 98. Continuance of periods of time
If a time period set by a repealed Act is still running when this Act begins, this Act counts that period as if the earlier provision had been in force from when the period started.
Section 98. Continuance of periods of time Section Where a period of time specified in the repealed Acts is current at the commencement of this Act, this Act shall have effect as if the corresponding provisions had been in force when the period began to run. - 99 Verify source ↗
REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS - 99. Preservation of licences, certificates and registration
Registers, registrations, certificates, letters of Interim Authority, notices or information, returns and other acts done under repealed Acts remain in force as if done under the corresponding provision of this Act; forms and requirements for particulars used under the repealed Acts continue until prescribed under this Act.
Section 99. Preservation of licences, certificates and registration Section 99(1) Any register kept, registration effected, certificate issued, letters of Interim Authority, notice or information given, return made or other thing done under the repealed Acts which, immediately before the date of commencement of this Act, was in force or effect shall continue in force and have effect as if kept, effected, issued, given, made or done under the corresponding provision of this Act. Section 99(2) Any form used and any requirement as to the particulars to be entered in any form used for the purposes of the repealed Act which was in force or effect immediately before the date of commencement of this Act shall continue in force and have effect as though prescribed under this Act until forms or particulars are so prescribed.
Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.
Ask AI about this statute
Basic Education Act
Sign in to ask AI about this statute
Sign in to start authenticated, citation-grounded statute research.
Sign inLexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.