Technical and Vocational Education and Training Act

This Act may be cited as the Technical and Vocational Education and Training Act.

Section 2 provides definitions of terms used in the Act (for example: "accreditation", "Authority", "Board", "Cabinet Secretary", "certificate", "Certification Council", "Commission", "Diploma", "Fund", "institution", "National Polytechnic", "private institution", "public institution", "technical and vocational college", "technical trainer college", "trainer", "training", "university", "vocational training center").

Training must be made available to all qualified Kenyans without discrimination; mechanisms must be instituted to promote access, equity, quality and relevance in training; discrimination is prohibited on the listed grounds.

The Cabinet Secretary must develop policies and strategies for a national training system and has overall responsibility for provision of training, promoting access, equity, quality and relevance.

The Cabinet Secretary must provide policy guidance on all matters relating to the implementation.

The Board may appoint other officers and staff as necessary for the Authority's functions and on terms and conditions the Board determines.

Establishes the Technical and Vocational Education and Training Authority and grants it corporate powers including suing and being sued, acquiring property, borrowing money, charging for services, entering contracts, and performing necessary acts.

Lists functions assigned to the Technical and Vocational Education and Training Authority, including regulating, accrediting and inspecting programmes, setting objectives and admission criteria, promoting access and quality, collecting and publishing training information, and related functions; the Authority may delegate functions with Cabinet Secretary approval and is sole body with powers to perform these functions.

Section 8 sets out Board composition, Selection Panel membership and procedures for appointing the chairperson and board members, advertising vacancies, grounds triggering vacancies, replacement appointments, term lengths, and that the Director‑General is ex officio member and secretary.

Establishes a Director-General appointed by the Cabinet Secretary on the Authority's recommendation; the Director-General is the Authority's CEO, manages day-to-day affairs, serves a five-year term renewable once, and must meet specified qualifications.

The Authority's financial year is the twelve-month period ending on 30 June each year.

Parliament may provide moneys for the purposes of the Authority.

The Board must cause preparation of annual revenue and expenditure estimates at least three months before the start of each financial year.

Requires the Board to keep full accounts; requires audits by the Auditor‑General or an Auditor approved by the Auditor‑General; restricts termination of appointed auditors without Auditor‑General consent; allows the Auditor‑General to direct auditors and inspect accounts at least every six months; requires reporting to the Minister and laying the annual audit report before the National Assembly.

The Board may invest its funds in trustees' lawful trust-fund securities or other securities approved by the National Treasury; funds may be deposited with banks subject to National Treasury approval.

Property that becomes the Board's (immovable property, shares, funds and securities) may be dealt with in the manner the Board determines, subject to conditions attached to public grants and to endowments, bequests or donations.

Persons or institutions may not offer training in Kenya unless they are accredited, licensed and registered under the Act; existing trainers must apply to the Board within six months of commencement; programmes need prior Board approval; contravention is an offence with fines or imprisonment.

Anyone intending to offer training in Kenya must apply to the Board using the Board's prescribed form and include the particulars listed in Section 18(2)(i)–(ix).

The Board must prepare a detailed accreditation report and return it to the applicant.

If the Board is satisfied the applicant meets establishment conditions, the Board must record the institution and issue a licence; the Board may reject the application or comment and forward recommendations; an applicant who received comments may resubmit within six months.

When the Board receives a revised application under section 20(3), it must determine the application within three months of receipt and, if satisfied, register and license the institution.

Foreign institutions that intend to offer or were offering training in Kenya must apply for accreditation, licensing and registration within six months of commencement; they may apply to the Board to enter into arrangements with Kenyan institutions; contravention is an offence with fines or imprisonment.

People who intend to be trainers must apply to the Board for licensing and registration; people not registered at commencement must comply with the Act within six months.

A person aggrieved by the Board's decision under this Part may appeal to the Cabinet Secretary within thirty days of being notified.

Registers of accredited, registered or licensed institutions and of registered and licensed trainers must be open for public inspection during office hours free of charge.

Establishes the Technical and Vocation Education Fund to finance technical and vocation education institutions and lists sources of its funds plus that the Funding Board approves expenditures paid from the Fund.

Section defines the composition of the Technical and Vocational Education Training Funding Board, lists appointment criteria to be applied, and sets certain functions of the Funding Board including disbursement, establishing unit costs and remuneration, receipt of funds, advising on disbursement criteria, and investing unutilized balances.

The Funding Board's financial year is the 12-month period from 1 July to 30 June of the following year.

The Funding Board must submit annual income and expenditure estimates to the Cabinet Secretary six months before the financial year starts; the Cabinet Secretary must communicate approval to the Funding Board at least one calendar month before the financial year starts.

The Funding Board must keep all proper books and records of accounts for the Fund, including specified financial statements.

Section 26 defines categories of training institutions (several named types and 'such other categories' that the Cabinet Secretary may specify), lists capacities of those institutions (e.g. sue and be sued, hold property, borrow, enter contracts, charge for services with Cabinet Secretary approval), allows specified institutions to offer undergraduate degrees in collaboration with a university, and reserves certain establishment responsibilities to the relevant Cabinet Secretary.

Training in the institutions referred to under section 26(1)(a) and (b) shall be governed and managed in accordance with this Act and any instrument of governance approved by the Board.

The section lists the organs of governance for various training institutions and says institutions may establish other organs approved by the Board; the organs may set up committees and assign responsibilities.

The governing bodies of training institutions oversee the conduct of education and training in the institutions in accordance with this Act and any other written law.

The Cabinet Secretary must appoint the Principal of a public training institution (established under section 26(1)(a) or (b)) on the Board's recommendation following a competitive recruitment process; the Principal serves for five years, renewable once.

The Board must, in consultation with stakeholders, establish guidelines on the nature and quality of facilities used for technical and vocational education and training.

An institution offering technical and vocational education and training may, with the approval of the Board, introduce, review or alter programmes of instruction or courses of study.

Institutions must maintain quality and relevance by having internal systems; the Board must set monitoring mechanisms and periodically evaluate institutions.

The Board must appoint evaluators and monitors who have powers to inquire and use prescribed evaluation methods, and after completing evaluation must prepare and submit a prescribed-form report to the Board.

Any person must not refuse, hinder or obstruct evaluators or monitors carrying out an evaluation; doing so is an offence.

The Board may, by written notice, require an institution that is in default of any set standard to comply within a prescribed time and in a prescribed manner.

If an institution served with a notice under section 36 fails to comply, the Board may close it (permanently or until compliance). A person aggrieved by that Board decision may appeal to the Cabinet Secretary within thirty days.

Adopt appropriate national and international standards in training.

Training systems must integrate on-the-job attachments and internships at all levels to provide relevant practical and innovative skills.

The guidelines on standards, quality and relevance established under this Act must be implemented by institutions, regulatory and quality assurance agencies in training and any other person directly or indirectly engaged in training in the country.

Institutions accredited under the Act must file an annual self-evaluation report in the prescribed manner with the Board.

The Board must assess whether certificates, diplomas and related qualifications (including those from foreign institutions) meet established standards and are equivalent.

The Authority may assess on-the-job skills and equate them to qualifications and recommend certificates or diplomas to competent authorities.

Establishes the TVET Curriculum Development, Assessment and Certification Council and gives it corporate powers; requires courts and judicial officers to take judicial notice of its seal and presume it was duly affixed.

The certification Council must design and develop curricula for training institutions' examinations, assessment and certification of competence.

Sets the membership of the Certification Council, term lengths for the chairman and certain members, appointment and replacement rules, that the Council Secretary is secretary to the Council, and that the Council may regulate its own procedure.

Admissions to technical and vocation education institutions must be conducted by the Service established under the law relating to universities.

The common seal of the Board must be kept in custody as the Board directs and may only be used in the manner authorized by the Board.

Members of the Board and its officers, employees or agents are not personally liable for actions done bona fide in executing the Board’s functions, powers or duties; the Authority remains liable to pay compensation or damages for injury caused by exercise of powers or failure of works.

The Board remains liable to pay compensation or damages to any person for injury to person, property or interests caused by the exercise of the Board's powers or by failure (wholly or partially) of any works.

If any person commits an offence under this Act for which no specific penalty is provided, they are liable on conviction to a fine not exceeding one million Kenya shillings, or to imprisonment for a term not exceeding two years, or to both.

Empowering regulations and standards may be made covering specified matters: conditions for approval of training instructions; guidelines for course content, examination and assessment for registration; prescribed forms and fees; inspection and registration of training institutions and programs; and anything required to be prescribed; and any standards, criteria or regulations made must be published in the Gazette.

Technical or vocational training institutions established by Orders under the repealed Education Act must seek accreditation from the Authority within two years from the date of commencement of this Act.