Kenya Institute of Curriculum Development Act

This Act may be cited as the Kenya Institute of Curriculum Development Act.

Provides definitions of key terms used in the Act (e.g. "Cabinet Secretary", "Council", "curriculum", "Institute", "tertiary").

Establishes the Kenya Institute of Curriculum Development, lists its powers (including suing, acquiring property, and doing acts necessary for its functions), states it succeeds the Kenya Institute of Education, sets headquarters in Nairobi, and allows progressive devolution of functions to counties.

The Institute's function is to advise the Government on matters pertaining to curriculum development.

The Council has the power to create, develop, apply for and hold intellectual property rights and to enter into agreements or arrangements for their commercial exploitation or otherwise.

The Council may, by resolution, delegate any of its powers, functions or duties to a committee or to any member, officer, employee or agent of the Institute.

The Council must conduct its business and affairs in accordance with the Second Schedule; except as provided in that Schedule, the Council may regulate its own procedure.

If the Council does not reach a unanimous decision, the decision is made by a majority of votes of members present and voting; if votes are equal, the Chairperson or presiding person has a casting vote.

The Council must appoint a Director by a competitive, fair and open process; the Director must meet specified qualifications and is the Institute's Chief Executive Officer responsible for day-to-day management.

The Director holds office for five years and may be re-appointed for one further term, subject to the Act.

Sets grounds for removal of a Director (including incapacity, gross misconduct, incompetence, violation of the Constitution, or other service‑related grounds) and states that the person must be given not less than thirty days’ notice of the allegations and an opportunity to present a defence.

Establishes the governing Council of the Institute, lists its membership (including a Chairperson appointed by the President and the Director as an ex officio member), provides that prior members are deemed members of the reconstituted Council, states the Director is Secretary, and allows certain members to designate written representatives.

Section 6 sets out qualifications and disqualifications for appointment, including holding a masters degree from a recognized university, having at least ten years’ experience in matters related to education, and meeting the requirements of Chapter Six of the Constitution.

Lists the specific circumstances (resignation, bankruptcy, conviction with imprisonment over six months without option of a fine, incapacity, absence from three consecutive Council meetings without permission, inability or unfitness to discharge functions, or death) that cause a vacancy in office.

Section 8 has been deleted by Act No. 18 of 2018, Schedule.

The Chairperson and members of the Council shall hold office for a term of three years and may be re-appointed for one further term.

The Council must establish an Academic Committee and panels; the Director must serve as Secretary to them.

The Academic Committee must have between 13 and 23 members appointed by the Council; the Director-General responsible for education is Chair; the Committee has several duties (curriculum review, quality assurance, coordination, policy review, and recommending programmes), may co-opt up to three persons, may make its own rules of procedure, and must submit its meeting proceedings to the Council for approval.

Defines the Institute's funds as monies allocated by Parliament for the purposes of the Institute.

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

The Council must prepare estimates of the Institute's revenue and expenditure at least three months before each financial year; the Council must approve the annual estimates before the start of the financial year and they must be submitted to the Cabinet Secretary for approval.

The Council must keep proper books of accounts for the Institute and must ensure money received is properly recorded, payments are correctly authorized, and adequate control is maintained over assets and liabilities.

Documents required to be under seal are to be sealed with the Council's common seal and authenticated by the Chairperson or the Director.

Members of the Council are to be paid allowances as determined by the Council in consultation with the Salaries and Remuneration Commission.

The Council may appoint staff or engage consultants and experts; appointed staff must serve on terms and conditions the Council determines in consultation with the Salaries and Remuneration Commission.

The Chairperson, members, secretary and staff of the Institute are protected from personal liability for acts or omissions done in good faith while performing the institute's functions under this Act.

Persons or institutions must not develop or implement curricula or curriculum materials for education institutions covered by the Act without approval and accreditation.

Regulations: the procedures to be followed in the review and development of curricula and curriculum support materials.