Kenya Act or statute

Parliament of Kenya

Technical and Vocational Education and Training Act

Jurisdiction: Kenya
Structure: 58 provisions
Citation: Cap. 210A
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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“This Act may be cited as the 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.

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PRELIMINARY - 1. Short title

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

Section 1

FINANCIAL PROVISIONS - 15. Investment of funds

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.

Section 15

THE TECHNICAL AND VOCATIONAL EDUCATION TRAINING FUNDING BOARD - 51. Books of accounts and audits

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

Section 51

HARMONIZATION OF TRAINING QUALIFICATIONS - 39. Integration of internships in training

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

Section 39

MISCELLANEOUS PROVISIONS - 58. Existing Institutions

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.

Section 58

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Showing 58 of 58 provisions

Provision 45Commencement 6Offence 5Short title

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Technical and Vocational Education and Training Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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").

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "accreditation" means the process by which the Board formally recognizes and confirms by certification that an institution has met and continues to meet the standards of academic, training and competence excellence set by the Board in accordance with the provisions of this Act; "Authority" means the Technical and Vocational Educational and Training Authority established under section 6 ; "Board" means the Technical and Vocational Education and Training Board established under section 8 of this Act; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to technical and vocation education and training; "certificate" means the level of qualification below diploma or its equivalent; "Certification Council" means the technical and Vocational Education and Training Curriculum Development, Assessment and Certification Council established under section 44 (1) of this Act; "Commission" means the Commission for the time being in charge of university education; "Diploma" means the level of qualification below degree and above a certificate; "Fund" means the Technical and Vocational Education Fund established under section 47 ; "institution" means an institution that promotes or offers technical and vocational education and training; "National Polytechnic" means an institution declared a National Polytechnic in accordance with this Act; "private institution" means an institution which is not a public institution; "public institution" means an institution established or maintained by use of public funds or by the community; "technical and vocational college" means an institution offering technical and vocational education and training at diploma level; "technical trainer college" means an institution offering technical teachers training at higher diploma level; "trainer" means a person registered under section 25 (1)(b); "training" includes technical, industrial and vocational education and training leading to an award of a certificate, diploma; "university" means a university within the meaning of the Universities Act(Cap. 210); "vocational training center" means an institution providing training leading to the awards below the level of diploma. Section 2(2) Spent. [Act No. 18 of 2014 , Sch.]

Section 2Verify source

§ 3PRELIMINARY - 3. Guiding principlesProvision

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.

Section 3. Guiding principles Section 3(1)(a) training shall be availed to all qualified Kenyans without discrimination; Section 3(1)(b) there shall be instituted appropriate mechanisms to promote access, equity, quality and relevance in training to ensure adequate human capital for economic, social and political development; Section 3(1)(c) the educational, cultural and social economic background of the people; Section 3(1)(c)(i) the educational, cultural and social economic background of the people; Section 3(1)(c)(ii) the technical and professional skills, knowledge and levels of qualification needed in the various sectors of the economy and the technological and structural changes to be expected; Section 3(1)(c)(iii) the trends towards integration of information and communication technologies to multiply access and improve training capacity, delivery modes and life-long employability of graduates; Section 3(1)(c)(iv) the employment opportunities, occupational standards and development prospects at the international, national, regional and local levels; and Section 3(1)(c)(v) the protection of the environment and the common heritage of the country. Section 3(2) There shall be no discrimination on grounds of race, colour, gender, religion, national or social origin, political or other opinions, economic status, or any other ground save as provided under this Act.

Section 3Verify source

§ 4PRELIMINARY - 4. Role of the Cabinet SecretaryProvision

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.

Section 4. Role of the Cabinet Secretary Section 4(1) The Cabinet Secretary in consultation with the other Ministries and the private sector involved in training shall develop policies and provide strategies for the development of a national training system. Section 4(2) The Cabinet Secretary shall have the overall responsibility in the provision of training and shall, in collaboration with other Ministries and stakeholders, be responsible for promoting access, equity, quality and relevance in training.

Section 4Verify source

§ 5PRELIMINARY - 5. Policy guidance by Cabinet SecretaryProvision

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

Section 5. Policy guidance by Cabinet Secretary Section The Cabinet Secretary shall provide policy guidance on all matters relating to the implementation.

Section 5Verify source

Part II

THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING AUTHORITY

§ 10THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING AUTHORITY - 10. Staff of the AuthorityProvision

Section 10. Staff of the Authority Section The Board may appoint such other officers and staff as may be necessary for the proper discharge of the functions of the Authority under this Act or any other written law, upon such terms and conditions of service as the Board may determine.

Section 10Verify source

§ 6THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING AUTHORITY - 6. Establishment of the Technical and Vocational Education and Training AuthorityProvision

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.

Section 6. Establishment of the Technical and Vocational Education and Training Authority Section 6(1) There is hereby established an Authority to be known as the Technical and Vocational Education and Training Authority. Section 6(2)(a) suing and being sued; Section 6(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; Section 6(2)(c) borrowing money; Section 6(2)(d) charging for services offered; Section 6(2)(e) entering into contracts; and Section 6(2)(f) doing or performing all other acts necessary for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate.

Section 6Verify source

§ 7THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING AUTHORITY - 7. Functions of the AuthorityProvision

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 7. Functions of the Authority Section 7(1)(a) regulate and co-ordinate training under this Act; Section 7(1)(b) accredit and inspect programmes and courses; Section 7(1)(c) advise and make recommendations to the Cabinet Secretary on all matters related to training; Section 7(1)(d) determine the national technical and vocational training objectives; Section 7(1)(e) promote access and relevance of training programmes within the framework of the overall national socio-economic development plans and policies; Section 7(1)(f) prescribe the minimum criteria for admission to training institutions and programmes in order to promote access, equity and gender parity; Section 7(1)(g) recognize and equate qualifications awarded by local or foreign technical and vocational education institutions in accordance with the Standards and guidelines set out by the Authority from time to time; Section 7(1)(h) develop plans, and guidelines for the effective implementation of the provisions of this Act; Section 7(1)(i) establish a training system which meets the needs of both the formal and informal sectors as provided under this Act; Section 7(1)(j) collect, examine and publish information relating to training; Section 7(1)(k) inspect, license, register and accredit training institutions; Section 7(1)(l) advise on the development of schemes of service for trainers; Section 7(1)(m) assure quality and relevance in programmes of training; Section 7(1)(n) liaise with the national and county governments and with the public and the private sector on matters relating to training; Section 7(1)(o) undertake, or cause to be undertaken, regular monitoring, evaluation and inspection of training and institutions to ensure compliance with set standards and guidelines; Section 7(1)(p) mobilize resources for development of training; Section 7(1)(q) ensure the maintenance of standards, quality and relevance in all aspects of training, including training by or through open, distance and electronic learning; Section 7(1)(r) approve the process of introduction of new training programmes and review existing programmes in Technical and Vocational Education and Training Board institutions; Section 7(1)(s) perform any other functions necessary for the better implementation of this Act. Section 7(2) The Authority may where appropriate, with approval of the Cabinet Secretary, delegate the performance of any of its functions to a suitably qualified person or body. Section 7(3) For the avoidance of doubt, the Authority shall be the sole body with the powers to perform the functions set out in this section. [Act No. 18 of 2014 , Sch.]

Section 7Verify source

§ 8THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING AUTHORITY - 8. The Board of the AuthorityOffence

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.

Section 8. The Board of the Authority Section 8(1)(a) a chairperson; Section 8(1)(b) the Principal Secretary in the Ministry responsible for finance; Section 8(1)(c) the Principal Secretary in the Ministry responsible for technical and vocational education and training; Section 8(1)(d) the chief executive of the Fund; Section 8(1)(e) five persons who have proven knowledge and experience in technical and vocational education and training, legal and financial matters of whom at least two and not more than three shall be of the same gender. Section 8(2) The chairperson and the members of the Board under subsection (1)(a) and (e) shall be appointed by the Cabinet Secretary only from a list of, in the case of the chairperson, three names, and in the case of other members, nine names submitted by a Selection Panel appointed by the Cabinet Secretary in accordance with subsection (3). Section 8(3)(a) a representative of the Public Service Commission; Section 8(3)(b) one person nominated by the body recognized as representing technologists and technicians; Section 8(3)(c) a representative of the Federation of the Kenya Employers; and Section 8(3)(d) one person to represent the body currently recognized as representing the interests of the private sector. Section 8(4) The Selection Panel shall have power to regulate its own procedure. Section 8(5) The Selection Panel shall advertise for the vacancies and publicize the applicants and shortlisted candidates in at least two newspapers with a wide national circulation. Section 8(6) In appointing the members of the Board under this section, the Cabinet Secretary shall have regard to the objectives and needs of development of technical and vocational education and training and shall ensure that there are balanced competencies, gender equity, inclusion of persons with disabilities, the marginalized and other minority groups. Section 8(7) The Selection Panel shall stand dissolved after the appointment of the members of the Board. Section 8(8) The Director-General shall be ex officio member and secretary to the Board. Section 8(9)(a) resigns by notice in writing addressed to the Cabinet Secretary; Section 8(9)(b) is unable to exercise the functions of office by reason of physical or mental infirmity; Section 8(9)(c) is adjudged bankrupt by a court of competent jurisdiction; Section 8(9)(d) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months; Section 8(9)(e) conducts himself in a manner inconsistent with membership of the Board; Section 8(9)(f) contravenes the provisions of Chapter Six of the Constitution; or Section 8(9)(g) is absent from three consecutive meetings of the Board without the permission of the chairman. Section 8(10) Where a vacancy occurs under subsection (9) a replacement shall be appointed in accordance with subsection (2). Section 8(11) Subject to the provisions of this Act, the Chairperson and members of the Board shall hold office for a term not exceeding four and three years respectively and shall be eligible for reappointment for one further term. Section 8(12) The members of the Board shall be appointed at different times so that their terms expire at different times. Section 8(13) All appointments under this section shall be by notice in the Gazette . Section 8(14) The First Schedule shall apply with respect to the conduct of business affairs of the Board.

Section 8Verify source

§ 9THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING AUTHORITY - 9. Director-General of the AuthorityProvision

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.

Section 9. Director-General of the Authority Section 9(1) There shall be a Director-General of the Authority who shall be appointed by the Cabinet Secretary on the recommendation of the Authority following a competitive recruitment process and who shall serve for a period of five years, which term may be renewed once. Section 9(2) The Director-General shall be the chief executive officer of the Authority and shall, subject to the directions of the Board, be responsible for the day-to-day management of the affairs of the Authority. Section 9(3)(a) holds at least a Master's degree from a university recognized in Kenya; Section 9(3)(b) has at least fifteen years experience in management of public or private institutions; and Section 9(3)(c) meets the requirements of Chapter Six of the Constitution.

Section 9Verify source

Part III

FINANCIAL PROVISIONS

§ 11FINANCIAL PROVISIONS - 11. Financial yearProvision

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

Section 11. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth of June in every year.

Section 11Verify source

§ 12FINANCIAL PROVISIONS - 12. Funds of the AuthorityProvision

Parliament may provide moneys for the purposes of the Authority.

Section 12. Funds of the Authority Section such moneys as may be provided by Parliament for the purposes of the Authority;

Section 12Verify source

§ 13FINANCIAL PROVISIONS - 13. Annual estimatesCommencement

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

Section 13. Annual estimates Section 13(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 13(2)(a) the payment of the pensions, gratuities and other charges in respect of retirement benefits to members of staff; Section 13(2)(b) payment of rent, utility bills and other services rendered to the Board; Section 13(2)(c) the proper maintenance of the buildings and grounds of the Board; Section 13(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Board; and Section 13(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 matters as the Board may deem fit. Section 13(3) The annual estimates shall be submitted to the Cabinet Secretary for approval before the commencement of the financial year to which they relate. Section 13(4) The sum provided in the estimates once approved under subsection (3) shall not be increased without the prior consent of the Board. Section 13(5) No expenditure shall be incurred for the purposes of the Board except in accordance with the annual estimates approved under subsection (3) or in pursuance of an authorization of the Board.

Section 13Verify source

§ 14FINANCIAL PROVISIONS - 14. Accounts and auditProvision

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.

Section 14. Accounts and audit Section 14(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Board. Section 14(2)(a) a statement of income and expenditure during that year; and Section 14(2)(b) a statement of the assets and liabilities of the Board on the last day of the financial year. Section 14(3) The accounts of the Board shall be audited by the Auditor-General or by an auditor appointed by the Board with the written approval of the Auditor-General. Section 14(4) The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Auditor-General. Section 14(5) The Auditor-General may give general or special directions to an auditor appointed under subsection (3) and the auditor shall comply with those directions. Section 14(6) An auditor appointed under subsection (3) shall report directly to the Auditor-General on any matter relating to the directions given under subsection (5) of this section. Section 14(7) Within a period of six months after the end of the financial year the Auditor-General shall report on the examination and audit of the accounts of the Board to the Minister, and in the case of an auditor appointed under subsection (3), the auditor shall transmit a copy of the report to the Auditor-General. Section 14(8) Nothing in this Act shall be construed to prohibit the Auditor-General from carrying out an inspection of the Board’s accounts or records whenever it appears to him desirable and the Auditor-General shall carry out such an inspection at least once every six months. Section 14(9) Notwithstanding anything in this Act, the Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Act and the Public Audit Act (Cap. 412B) shall, with necessary modifications, apply to any report made under this section. Section 14(10) The Cabinet Secretary shall lay the Annual Audit Report before the National Assembly as soon as reasonably practicable after the report is submitted to him under this section. Section 14(11) The fee for any auditor, not being a public officer, shall be determined and paid by the Board.

Section 14Verify source

§ 15FINANCIAL PROVISIONS - 15. Investment of fundsProvision

Section 15. Investment of funds Section 15(1) The Board may invest any of its funds in securities in which for the time being trustees may by law invest in trust funds, or in any other securities which the National Treasury may, from time to time, approve for that purpose. Section 15(2) The funds to be invested may, subject to the approval of the National Treasury, be placed on deposit with such bank or banks as Board may determine, including any monies not immediately required for the purposes of the Board.

Section 15Verify source

§ 16FINANCIAL PROVISIONS - 16. Vesting of propertyProvision

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.

Section 16. Vesting of property Section All such immovable property, shares, funds and securities as may from time to time become the property of the Board shall be dealt with in such manner as the Board may determine, subject to the conditions upon which grants are made from public funds for capital and recurrent purposes and the conditions upon which any endowment, bequest or donation is made for any purpose connected to the Board.

Section 16Verify source

Part IV

LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS

§ 17LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 17. Requirement for registrationCommencement

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.

Section 17. Requirement for registration Section 17(1) No person or institution shall offer training in Kenya unless the person or institution has been accredited, licensed and registered under this Act to offer such training. Section 17(2) Notwithstanding the provisions of subsection (1), any person or institution already offering training in Kenya by any mode of delivery or is a trainer at the commencement of this Act, shall, within six months from the date of such commencement submit an application to the Board for accreditation, registration and licensing under this Act. Section 17(3) No programme or course of training shall be mounted in an institution without prior approval by the Board and no academic award or qualification issued by any institution not yet accredited, registered and licensed in accordance with this Act shall be recognized in Kenya. Section 17(4) Any person who contravenes the provision of this section commits an offence and is liable on conviction to a fine of a sum not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both.

Section 17Verify source

§ 18LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 18. Application for registrationProvision

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).

Section 18. Application for registration Section 18(1) Any person or institution intending to offer training in Kenya shall apply to the Board in the form prescribed by the Board from time to time. Section 18(2)(i) the name, physical, postal and electronic addresses of the proposed institution; Section 18(2)(ii) the governance and management structures of the institution; Section 18(2)(iii) membership of the proposed institution; Section 18(2)(iv) aims and objectives for which the institution is to be established and the programmes of instruction and courses of study that are to be offered; Section 18(2)(v) the number, qualifications and competence of the manager and trainers; Section 18(2)(vi) layout designs and specifications of available infrastructure and equipment; Section 18(2)(vii) a statement on the suitability, ownership or lease arrangement for premises to be used as evidence of structural soundness of buildings and their capacity in accordance with the Public Health Act ( Cap. 242 ); Section 18(2)(viii) a statement of financial ability and fees to be charged; and Section 18(2)(ix) such other matters as may be prescribed in the regulations made under this Act.

Section 18Verify source

§ 19LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 19. Consideration of applicationProvision

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

Section 19. Consideration of application Section 19(1)(a) examine the documents submitted; and Section 19(1)(b) inspect and assess the facilities available for use in respect of the proposed institution. Section 19(2) The Board shall prepare a detailed accreditation report thereon and return it to the applicant.

Section 19Verify source

§ 20LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 20. Registration and Licensing of institutionsProvision

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.

Section 20. Registration and Licensing of institutions Section 20(1) Where the Board is satisfied that the applicant meets the conditions for establishment of an institution, it shall enter the particulars of the institution in its register and issue the institution with a licence to offer training in the prescribed format as shall be set out by the Board. Section 20(2)(a) reject the application; or Section 20(2)(b) make its comments or recommendations thereon and forward them to the applicant. Section 20(3) An applicant whose application has been commented upon in accordance with subsection (2)(b) may resubmit a revised application within a period of six months.

Section 20Verify source

§ 21LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 21. Determination of a revised applicationProvision

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.

Section 21. Determination of a revised application Section On receipt of a revised application under section 20 (3), the Board shall, within three months from the date of receipt, determine the application in accordance with this Act and upon such determination if satisfied, register and license the institution in accordance with this Act.

Section 21Verify source

§ 22LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 22. Accreditation of foreign institutionsCommencement

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.

Section 22. Accreditation of foreign institutions Section 22(1) Notwithstanding the provisions of any other written law for the time being in force, any foreign institution which intends to offer training in Kenya, or which, at the commencement of this Act was already offering training in Kenya shall within a period of six months from the date of such commencement, apply for accreditation, licensing and registration in accordance with this Act. Section 22(2) A foreign institution may apply to the Board in the prescribed form for accreditation and approval by the Board, to enter into an arrangement with an institution licensed, registered and accredited in Kenya for the purposes of offering joint training of instruction and or courses of study. Section 22(3) A training programme under subsection (2) shall require to first be approved by the Board in accordance with this Act. Section 22(4) Any person or institution who contravenes this section commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or to both.

Section 22Verify source

§ 23LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 23. Registration and licensing of trainersCommencement

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.

Section 23. Registration and licensing of trainers Section 23(1) Any person who intends to become a trainer in an institution shall apply for licensing and registration by the Board in accordance with the provisions of this Act. Section 23(2) Application for licensing shall be in accordance with the prescribed format. Section 23(3) Any person who is not registered at the commencement of this Act shall comply with this Act within six months from the date of such commencement.

Section 23Verify source

§ 24LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 24. Appeal against refusalProvision

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

Section 24. Appeal against refusal Section Any person aggrieved by the decision of the Board under this Part may, within thirty days of being notified of the decision, appeal to the Cabinet Secretary against such decision.

Section 24Verify source

§ 25LICENSING, REGISTRATION AND ACCREDITATION OF INSTITUTIONS AND TRAINERS - 25. RegistersProvision

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.

Section 25. Registers Section 25(1)(a) particulars of institutions accredited, registered and licensed under this Act; and Section 25(1)(b) particulars of trainers registered and licensed under this Act. Section 25(2) The registers maintained under subsection (1) shall be open for inspection by members of the public during office hours free of charge.

Section 25Verify source

Part IX

THE TECHNICAL AND VOCATIONAL EDUCATION TRAINING FUNDING BOARD

§ 47THE TECHNICAL AND VOCATIONAL EDUCATION TRAINING FUNDING BOARD - 47. Establishment of the FundProvision

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 47. Establishment of the Fund Section 47(1) There shall be established a Fund to be known as the Technical and Vocation Education Fund. Section 47(2) The object and purpose of the Fund shall be to provide funds to be used for financing technical and vocation education institutions. Section 47(3)(a) monies provided by Parliament; Section 47(3)(b) such sums of money as may be received by the Funding Board in the form of donations; Section 47(3)(c) such sums of money as may be specifically designated for the Fund by the Authority out of its own Funds; and Section 47(3)(d) income generated by investments made by the trustees; and Section 47(3)(e) endowments, grants and gifts from whatever source designated for the Fund. Section 47(4) There shall be paid out of the Fund any expenditure approved by the Funding Board and incurred in connection with the administration of the Fund.

Section 47Verify source

§ 48THE TECHNICAL AND VOCATIONAL EDUCATION TRAINING FUNDING BOARD - 48. Membership of Funding BoardProvision

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.

Section 48. Membership of Funding Board Section 48(1)(a) a chairperson; Section 48(1)(b) the Principal Secretary in the Ministry responsible for technical and vocational education; Section 48(1)(c) the Principal Secretary in the Ministry responsible for finance; Section 48(1)(d) six members appointed by the Cabinet Secretary in accordance with subsection (2). Section 48(2)(a) the objects of the Fund; Section 48(2)(b) the need for balanced competencies within the Funding Board; Section 48(2)(c) gender equity; and Section 48(2)(d) the inclusion of persons with disabilities, the minorities and other marginalized groups. Section 48(3) The provisions relating to the appointment of the members of the Board as set out in section 8 shall apply, mutatis mutandis , to the Funding Board. Section 48(4)(a) disburse funds to institutions in accordance with criteria prescribed by the Cabinet Secretary, taking into account the respective institution’s output, efficiency and role in areas priotised by the Government; Section 48(4)(b) in consultation with the institutions, establish the maximum differentiated unit cost for the programmes offered and discipline differentiated remuneration for academic staff and advise the Government accordingly; and Section 48(4)(c) receive funds for purposes of the Fund from the Government, donors, and from any other source; Section 48(4)(d) provide advice on disbursement criteria for the Fund utilization. Section 48(5) The Funding Board may invest any unutilized balances in the Fund in such manner as trustees may lawfully invest public funds.

Section 48Verify source

§ 49THE TECHNICAL AND VOCATIONAL EDUCATION TRAINING FUNDING BOARD - 49. Financial year of the Funding BoardProvision

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

Section 49. Financial year of the Funding Board Section The financial year of the Funding Board shall be the period of twelve months commencing on the 1st July and ending on the thirtieth day of June of the following year.

Section 49Verify source

§ 50THE TECHNICAL AND VOCATIONAL EDUCATION TRAINING FUNDING BOARD - 50. Annual estimatesCommencement

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.

Section 50. Annual estimates Section 50(1) The Funding Board shall submit to the Cabinet Secretary an estimate of its income and expenditure during the succeeding financial year six months before the commencement of the financial year. Section 50(2) The Cabinet Secretary shall communicate to the Funding Board his approval of the annual estimates at least one calendar month before the commencement of the financial year.

Section 50Verify source

§ 51THE TECHNICAL AND VOCATIONAL EDUCATION TRAINING FUNDING BOARD - 51. Books of accounts and auditsProvision

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

Section 51. Books of accounts and audits Section 51(1) The Funding Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Fund. Section 51(2)(a) a balance sheet showing in detail the assets and liabilities of the Board at the end of the financial year; Section 51(2)(b) a statement of financial activities, income and expenditure during the financial year; and Section 51(2)(c) other statements of accounts as may be necessary to fully disclose the undertaking, assets, liabilities and discharge of the functions of the Board. Section 51(3) The accounts of the Funding Board shall be audited in accordance with the Public Audit Act ( Cap. 412B ) and any other law relating to the management of public funds.

Section 51Verify source

Part V

ORGANIZATION OF TRAINING INSTITUTIONS

§ 26ORGANIZATION OF TRAINING INSTITUTIONS - 26. Categories of institutionsProvision

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.

Section 26. Categories of institutions Section 26(1)(a) vocational training centers, which shall offer courses up to Artisan Certificate; Section 26(1)(b) technical and vocational colleges, which shall offer programmes up to Diploma; Section 26(1)(c) technical trainer colleges, which shall offer up to higher diploma level; Section 26(1)(d) National Polytechnics, which shall offer up to higher Diploma level; and Section 26(1)(e) such other categories as the Cabinet Secretary may specify. Section 26(2)(a) suing and being sued; Section 26(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; Section 26(2)(c) borrowing money; Section 26(2)(d) charging for services offered, with the approval of the Cabinet Secretary; Section 26(2)(e) entering into contracts; and Section 26(2)(f) doing or performing all other acts necessary for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate. Section 26(3) The institutions provided for under subsection (1)(c) and (d) may in collaboration with a University offer programmes leading to the award of an undergraduate degree in technical and vocational education and training. Section 26(4)(a) the establishment and composition of the council; the functions and organs of governance; Section 26(4)(b) the appointment of the Principal; and Section 26(4)(c) the power of the Cabinet Secretary to make regulations. Section 26(5) Notwithstanding the provisions of this section, and unless otherwise provided, the establishment of a public institution offering training related to a matter placed under a Ministry other than the Ministry for the time being responsible for technical education shall be the responsibility of the Cabinet Secretary in charge of that other Ministry under the provisions of this Act in consultation with the Cabinet Secretary responsible for technical education. [Act No. 18 of 2014 , Sch.]

Section 26Verify source

§ 27ORGANIZATION OF TRAINING INSTITUTIONS - 27. Governance and management in TrainingProvision

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.

Section 27. Governance and management in Training Section 27(1) Training in the institutions referred to under section 26 (1)(a) and (b) shall be governed and managed in accordance with the provisions of this Act and any instrument of governance approved by the Board. Section 27(2)(a) encouraging co-operation and collaboration among all stakeholders for effective representation in governance and management of the institution; Section 27(2)(b) decentralizing decision-making authority with regard to financial matters, human resource issues, and other relevant matters; Section 27(2)(c) enhancing the culture of accountability, democracy, and transparency in the governance and management of the institutions; Section 27(2)(d) ensuring effective and efficient education and training; Section 27(2)(e) ensuring the participation of and consultation with the stakeholders at the county, national and international levels.

Section 27Verify source

§ 28ORGANIZATION OF TRAINING INSTITUTIONS - 28. Organs of governanceProvision

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.

Section 28. Organs of governance Section 28(1)(a) Boards of Governors for vocational training centers; Section 28(1)(b) Boards of Governors for technical and vocational colleges; Section 28(1)(c) Councils for National Polytechnics; and Section 28(1)(d) Councils for technical trainer colleges. Section 28(2) The institutions may establish such other organs as may be approved by the Board for the better management and governance. Section 28(3) The membership of the organs set out under subsection (1) and governance procedures shall be as set out in the Second Schedule. Section 28(4) The organs of governance set out in subsection (1)(a) and (b) shall be unincorporated bodies. Section 28(5) The organs may set up such committees and assign such responsibilities as it may deem fit. [Act No. 18 of 2014 , Sch.]

Section 28Verify source

§ 29ORGANIZATION OF TRAINING INSTITUTIONS - 29. Functions of the governing bodies of training institutionsProvision

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.

Section 29. Functions of the governing bodies of training institutions Section overseeing the conduct of education and training in the institutions in accordance with the provisions of this Act and any other written law;

Section 29Verify source

§ 30ORGANIZATION OF TRAINING INSTITUTIONS - 30. Principal to be chief executive officerProvision

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.

Section 30. Principal to be chief executive officer Section 30(1) There shall be a Principal of a public training institution established under section 26 (1)(a) or (b) who shall be appointed by the Cabinet Secretary on the recommendation of the Board of Governors following a competitive recruitment process and who shall serve for a period of five years, which term may be renewed once. Section 30(2) The chief executive officer of a private institution shall be appointed in accordance with the provisions of the instrument of governance of the institution.

Section 30Verify source

Part VI

STANDARDS, QUALITY AND RELEVANCE IN TRAINING

§ 31STANDARDS, QUALITY AND RELEVANCE IN TRAINING - 31. Standards in trainingProvision

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

Section 31. Standards in training Section 31(1)(a) establish standards and benchmarks for training; Section 31(1)(b) administer policies and guidelines developed under this Act or any other written law to govern the establishment and accreditation of training institutions in accordance with this Act; and Section 31(1)(c) ensure the maintenance of standards, quality and relevance in all aspects of training within the national training system. Section 31(2) The Board shall, in consultation with stakeholders establish guidelines regarding the nature and quality of facilities that may be used for purposes of conducting technical and vocational education and training.

Section 31Verify source

§ 32STANDARDS, QUALITY AND RELEVANCE IN TRAINING - 32. Programs of instruction in training institutionsProvision

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.

Section 32. Programs of instruction in training institutions Section 32(1) 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. Section 32(2)(i) innovativeness and creativity; Section 32(2)(ii) continuation of training for improvement of professional qualifications and updating of knowledge, skills and understanding; Section 32(2)(iii) complementary education for those receiving technical, vocational and education training in the form of on-the-job training or other training in institutions or other facilities; Section 32(2)(iv) the special needs of persons with disability, minorities and marginalized groups.

Section 32Verify source

§ 33STANDARDS, QUALITY AND RELEVANCE IN TRAINING - 33. Monitoring and evaluation of training institutionsProvision

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

Section 33. Monitoring and evaluation of training institutions Section 33(1) Training shall be of quality and relevance and in accordance with the standards set out by the Board, and shall implement the objectives stated under this Act. Section 33(2) Every institution shall put in place internal systems to ensure the maintenance of standards, quality and relevance of training programmes. Section 33(3) The Board shall establish mechanisms for monitoring and evaluating services and programmes in accordance with this Act to ensure and assure standards, quality and relevance in the provision of programmes and management of institutions on a continuous basis. Section 33(4) Pursuant to subsection (3) the Board shall conduct periodic evaluation of each institution for purposes of assessing and evaluating on a regular basis the quality of training offered at or by each particular institution.

Section 33Verify source

§ 34STANDARDS, QUALITY AND RELEVANCE IN TRAINING - 34. Appointment of monitors and evaluatorsProvision

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.

Section 34. Appointment of monitors and evaluators Section 34(1) For purposes of section 33 (3) and (4), the Board shall appoint evaluators and monitors for purposes of conducting evaluation and monitoring. Section 34(2) In undertaking evaluation and monitoring under section 33 , the evaluators and monitors shall have the power to inquire into infrastructure, equipment, programs, the trainers, students, or any other relevant matter concerning the institution, and shall utilize such methods or modalities of evaluation as may be prescribed in the statutes under this Act or any other written law. Section 34(3) After completion of evaluation and monitoring as provided for under this section, the evaluators and monitors shall prepare a report in the prescribed form and submit the same to the Board.

Section 34Verify source

§ 35STANDARDS, QUALITY AND RELEVANCE IN TRAINING - 35. Offence to hinder or obstruct evaluation or monitoringOffence

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

Section 35. Offence to hinder or obstruct evaluation or monitoring Section Any person who refuses, hinders or obstructs evaluators or monitors from carrying out the evaluation commits an offence.

Section 35Verify source

§ 36STANDARDS, QUALITY AND RELEVANCE IN TRAINING - 36. Notice to rectifyProvision

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.

Section 36. Notice to rectify Section The Board may by notice in writing, require an institution in default of any set standard to comply therewith within a prescribed time and in a prescribed manner.

Section 36Verify source

§ 37STANDARDS, QUALITY AND RELEVANCE IN TRAINING - 37. Closure of training institutionsProvision

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.

Section 37. Closure of training institutions Section 37(1) If any institution served with the notice under section 36 fails to comply with the notice, the Board may close the institution either permanently or until the notice is complied with. Section 37(2) Any person aggrieved by the decision of the Board under subsection (1) may appeal to the Cabinet Secretary within thirty days of the decision.

Section 37Verify source

Part VII

HARMONIZATION OF TRAINING QUALIFICATIONS

§ 38HARMONIZATION OF TRAINING QUALIFICATIONS - 38. National and international standards and quality assuranceProvision

Adopt appropriate national and international standards in training.

Section 38. National and international standards and quality assurance Section adopt appropriate national and international standards in training;

Section 38Verify source

§ 39HARMONIZATION OF TRAINING QUALIFICATIONS - 39. Integration of internships in trainingProvision

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

Section 39. Integration of internships in training Section The training systems shall integrate on-the-job attachment and internships at all levels in order to provide relevant training for the development of appropriate practical and innovative skills.

Section 39Verify source

§ 40HARMONIZATION OF TRAINING QUALIFICATIONS - 40. Responsibility of institutions and quality assurance agencies in implementing of standardsProvision

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.

Section 40. Responsibility of institutions and quality assurance agencies in implementing of standards Section The guidelines on standards, quality and relevance established under this Act shall be implemented by the institutions, regulatory and quality assurance agencies in training and any other person directly or indirectly engaged in training in the country.

Section 40Verify source

§ 41HARMONIZATION OF TRAINING QUALIFICATIONS - 41. Filing of annual reportOffence

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

Section 41. Filing of annual report Section 41(1) Every institution accredited under this Act shall file its annual self-evaluation report in the prescribed manner with the Board. Section 41(2) The annual self-evaluation report shall give details of development made in the institution’s physical infrastructure and training. Section 41(3) Any institution that fails to comply with the provisions of this section commits an offence under this Act.

Section 41Verify source

§ 42HARMONIZATION OF TRAINING QUALIFICATIONS - 42. Recognition and equation of certificates and diplomasProvision

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

Section 42. Recognition and equation of certificates and diplomas Section The Board shall assess examinations, certificate or diploma qualifications acquired from any institution, whether local or foreign, or any skills, knowledge and qualifications evidenced by the extent to which the qualifications so awarded conform to the established standards and guidelines and are of an equivalent standard.

Section 42Verify source

§ 43HARMONIZATION OF TRAINING QUALIFICATIONS - 43. Certification of skill and competencies acquired on the jobProvision

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

Section 43. Certification of skill and competencies acquired on the job Section The Authority may, in accordance with the standards and guidelines set out under this Act, assess the skills or competencies acquired by a person on the job, equate such competencies to qualifications within the training framework and recommend to the appropriate competent authorities to issue corresponding certificates and diplomas.

Section 43Verify source

Part VIII

THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING CURRICULUM DEVELOPMENT, ASSESSMENT AND CERTIFICATION COUNCIL

§ 44THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING CURRICULUM DEVELOPMENT, ASSESSMENT AND CERTIFICATION COUNCIL - 44. Establishment of Certification CouncilProvision

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.

Section 44. Establishment of Certification Council Section 44(1) There is established a body to be known as the TVET Curriculum Development, Assessment and Certification Council. Section 44(2)(a) suing and being sued; Section 44(2)(b) purchasing, holding and disposing of movable and immovable property; and Section 44(2)(c) doing all such other acts or things as may be done by a body corporate. Section 44(3) All courts, judges and other persons acting judicially shall take judicial notice of the seal of the Council and shall presume that it was duly affixed.

Section 44Verify source

§ 45THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING CURRICULUM DEVELOPMENT, ASSESSMENT AND CERTIFICATION COUNCIL - 45. Functions of certification CouncilProvision

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

Section 45. Functions of certification Council Section undertake design and development of curricula for the training institutions’ examination, assessment and competence certification;

Section 45Verify source

§ 46THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING CURRICULUM DEVELOPMENT, ASSESSMENT AND CERTIFICATION COUNCIL - 46. Composition of the Certification CouncilOffence

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.

Section 46. Composition of the Certification Council Section 46(1)(a) a chairman appointed by the Cabinet Secretary; Section 46(1)(b) the Principal Secretary of the Ministry for the time being responsible for TVET; Section 46(1)(c) the Director-General of the Authority; Section 46(1)(d) one member from the Senate of a technical university; Section 46(1)(d)(i) one member from the Senate of a technical university; Section 46(1)(d)(ii) one member from among the principals of Technical Colleges; Section 46(1)(d)(iii) one member from the national polytechnics; Section 46(1)(d)(iv) not more than three members from industry with complementary competencies; Section 46(1)(e) the Council Secretary who shall be the secretary to the Council. Section 46(2) The chairman shall hold office for a period not exceeding three years but shall be eligible for reappointment. Section 46(3) The members appointed under subsection (1)(d) shall, hold office for a period of three years and shall be eligible for reappointment. Section 46(4) Where any member of the Council other than an ex officio member is unable to attend any meetings of the Council by reason of physical or mental incapacity, the Cabinet Secretary shall appoint his place at that meeting. Section 46(5)(a) is convicted of an offence and sentenced to imprisonment for a term of six months or more; Section 46(5)(b) is adjudicated bankrupt; or Section 46(5)(c) unable to perform the functions of office by a reason of physical or mental incapacity. Section 46(6) The provisions relating to the appointment of the Director-General and staff members of the Authority as set out in sections 9 and 10 shall apply, mutatis mutandis , to the appointment of the Director and staff of the Council. Section 46(7) The provisions relating to the financial provisions of the Authority as set out in sections 11 , 12 , 13 , 14 , 15 and 16 shall apply, mutatis mutandis , to the Council. Section 46(8) Subject to this Act, the Council shall have power to regulate its own procedure. [Act No. 18 of 2014 , Sch.]

Section 46Verify source

Part X

MISCELLANEOUS PROVISIONS

§ 52MISCELLANEOUS PROVISIONS - 52. Placement of students into technical and vocation education institutionsProvision

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

Section 52. Placement of students into technical and vocation education institutions Section Admission of students into technical and vocation education institutions shall be conducted by the Service established under the law relating to universities.

Section 52Verify source

§ 53MISCELLANEOUS PROVISIONS - 53. Common SealProvision

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.

Section 53. Common Seal Section Subject to this Act the common seal of the Board shall be kept in such custody as the Board may direct and shall not be used except in the manner authorized by the Board.

Section 53Verify source

§ 54MISCELLANEOUS PROVISIONS - 54. Protection from personal liabilityProvision

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.

Section 54. Protection from personal liability Section 54(1) No matter or thing done by a member of the Board or any officer, employee or agent thereof shall, if the matter or thing is done bona fide for executing the functions, powers or duties of the Board, render the member, officer, employee or agent or any person acting on his or her directions personally liable to any action, claim or demand whatsoever. Section 54(2) The provisions of subsection (1) shall not relieve the Authority of the liability to pay compensation or damages to any person for any injury to the person, the person’s property or any of the person’s interests caused by the exercise of any power conferred by this act or any other written law, or by the failure, whether wholly or partially, of any works.

Section 54Verify source

§ 55MISCELLANEOUS PROVISIONS - 55. Liability for damagesProvision

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.

Section 55. Liability for damages Section The provisions of section 54 shall not relieve the Board of the liability to pay compensation or damages to any person for an injury to the person or property or any of persons interests negatively affected by the exercise of the powers conferred on the Board by this Act or by any other written law or by the failure, whether wholly or partially, of any works.

Section 55Verify source

§ 56MISCELLANEOUS PROVISIONS - 56. PenaltiesOffence

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.

Section 56. Penalties Section Any person who commits an offence under this Act in respect of which no penalty has been specifically provided is 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.

Section 56Verify source

§ 57MISCELLANEOUS PROVISIONS - 57. Regulations and standardsProvision

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.

Section 57. Regulations and standards Section 57(1)(a) the conditions under which training instructions under this Act may be approved; Section 57(1)(b) guidelines for the determination of course content and examination and assessment of training for purposes of registration under this Act; Section 57(1)(c) the forms and fees to be prescribed for purpose of this Act; Section 57(1)(d) the inspection and registration of training institutions and programs; and Section 57(1)(e) anything required to be prescribed by this Act. Section 57(2) Any standards, criteria, regulations made under this Act shall be published in the Gazette .

Section 57Verify source

§ 58MISCELLANEOUS PROVISIONS - 58. Existing InstitutionsCommencement

Section 58. Existing Institutions Section 58(1) Notwithstanding the provisions of the Education Act (Repealed) or regulations made thereunder, all technical or vocational training institutions established by Orders made under that Act shall within a period of two years from the date of the commencement of this Act, seek accreditation from the Authority in accordance with the provisions of this Act. Section 58(2) Notwithstanding the provisions of subsection (1) all acts, directions, orders, appointments, requirements, authorizations, other things given, taken or done under, and all funds, assets and other property acquired by virtue of those Orders shall, so far as not inconsistent with this Act, be deemed to have been given, taken, done or acquired under this Act. Section 58(3) All statutes or regulations made under the orders referred to in subsection (1) which are in force immediately before the commencement of this Act shall continue in force but may be amended or revoked by a statute or regulations made under this Act.

Section 58Verify source

Legislative relationships

6 referenced instruments

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

A–F

5 instruments

Authority Section 7(1)(a) regulate and co-ordinate training under this Act
Section 7
Authority under this Act
Section 10
Board. Section 51(3) The accounts of the Funding Board shall be audited in accordance with the Public Audit Act
Section 51
Cabinet Secretary in charge of that other Ministry under the provisions of this Act
Section 26
Education Act
Section 58

T–Z

1 instrument

Universities Act
Section 2

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