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").…
Jurisdiction
Kenya
Structure
28 provisions
Citation
Cap. 211A
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 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.
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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 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…
Provides definitions of key terms used in the Act (e.g. "Cabinet Secretary", "Council", "curriculum", "Institute", "tertiary").
Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to education and training; "Council" means the Council established by section 5 ; "curriculum" means all planned learning programmes that facilitate formal, non-formal and informal learning; "curriculum support materials" means materials used to facilitate curriculum implementation and includes both electronic and non-electronic form; "Director" means the Director of the Institute appointed under section 14 ; "Director-General" means the Director-General responsible for matters relating to education; "former Institute" means the Kenya Institute of Education established by the Kenya Institute of Education Order, 2010 (L.N. 120/2010); "Institute" means the Kenya Institute of Curriculum Development established under section 3 ; "member" means a member of the Council; and "tertiary" means all post-secondary school education and training programmes, but does not include any training undertaken in a university.
§ 3ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE - 3. Establishment of the InstituteCommencement
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.
Section 3. Establishment of the Institute Section 3(1) There is established an Institute to be known as the Kenya Institute of Curriculum Development. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, borrowing, holding, charging or disposing of movable and immovable property; and Section 3(2)(c) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act. Section 3(3) The Institute shall be the successor to the Institute known as the Kenya Institute of Education existing immediately before the commencement of this Act. Section 3(4) The headquarters of the Institute shall be in Nairobi, but the Institute may devolve its functions to the counties progressively.
§ 10THE COUNCIL OF THE INSTITUTE - 10. Powers of the CouncilProvision
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.
Section 10. Powers of the Council Section create, develop, apply for and hold intellectual property rights and enter into agreements or arrangements for their commercial exploitation or otherwise as the Council may consider appropriate;
§ 11THE COUNCIL OF THE INSTITUTE - 11. Delegation by CouncilProvision
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.
Section 11. Delegation by Council Section The Council may, by resolution either generally or in any particular case, delegate to any committee of the Council or to any member, officer, employee or agent of the Institute, the exercise of any of the powers or the performance of any of its functions or duties.
§ 12THE COUNCIL OF THE INSTITUTE - 12. Procedures of the CouncilProvision
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.
Section 12. Procedures of the Council Section 12(1) The business and affairs of the Council shall be conducted in accordance with the Second Schedule. Section 12(2) Except as provided in the Second Schedule, the Council may regulate its own procedure.
§ 13THE COUNCIL OF THE INSTITUTE - 13. Decisions of the CouncilProvision
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.
Section 13. Decisions of the Council Section Unless a unanimous decision is reached, a decision on any matter before the Council shall be by a majority of the votes of the members present and voting, and in the case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.
§ 14THE COUNCIL OF THE INSTITUTE - 14. Director of the InstituteProvision
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.
Section 14. Director of the Institute Section 14(1) There shall be a Director of the Institute who shall be appointed by the Council through a competitive, fair and open process. Section 14(2)(a) is a citizen of Kenya; Section 14(2)(b) holds at least a postgraduate degree in education from a university recognized in Kenya; Section 14(2)(c) has at least ten years experience in management level in matters related to education ; and Section 14(2)(d) meets the requirements of Chapter Six of the Constitution. Section 14(3) The Director shall be the Chief Executive Officer of the Institute and shall be responsible for the day-to-day management of the affairs of the Institute.
§ 15THE COUNCIL OF THE INSTITUTE - 15. Term of office of the DirectorProvision
The Director holds office for five years and may be re-appointed for one further term, subject to the Act.
Section 15. Term of office of the Director Section Subject to the provisions of this Act, the Director shall hold office for a term of five years and shall be eligible for re-appointment for one further term.
§ 16THE COUNCIL OF THE INSTITUTE - 16. Removal of DirectorProvision
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.
Section 16. Removal of Director Section 16(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 16(1)(b) gross misconduct or misbehaviour; Section 16(1)(c) incompetence or neglect of duty; Section 16(1)(d) violation of the Constitution; or Section 16(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 16(2)(a) not less than thirty days’ notice of the allegations made against her or him; and Section 16(2)(b) an opportunity to present her or his defence against the allegations.
§ 5THE COUNCIL OF THE INSTITUTE - 5. Establishment of the CouncilCommencement
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 5. Establishment of the Council Section 5(1) There is established a council to be known as the governing Council of the Institute. Section 5(2)(a) a Chairperson who shall be appointed by the President; Section 5(2)(b) the Principal Secretary in the ministry responsible for matters relating to education and training or a representative designated by the Principal Secretary; Section 5(2)(c) the Principal Secretary responsible for the National Treasury or a representative designated by the Principal Secretary; Section 5(2)(d) one person to represent the Kenya National Examinations Council; Section 5(2)(e) one person to represent the Teachers Service Commission; Section 5(2)(f) one person to represent public universities; Section 5(2)(f)(i) one person to represent public universities; Section 5(2)(f)(ii) one person from the private sector; Section 5(2)(f)(iii) one person nominated by the Kenya Primary Schools Head Teachers Association; Section 5(2)(f)(iv) one person nominated by Kenya Secondary Schools Head Teachers Association; Section 5(2)(g) the Director who shall be an ex officio member. Section 5(2A) Any person who, immediately before the commencement of this section was a member of the Council shall be deemed to be a member of the reconstituted Council for the unexpired period of his or her term of service. Section 5(3) Deleted by ActNo. 18 of 2018, Sch. Section 5(4) The Director of the Institute shall be the Secretary to the Council. Section 5(5) The members referred to in subsection (2)(b) and (c) may designate an officer, in writing to represent them on the Council. Section 5(6) The membership of the Council shall be such as to ensure that not more than two thirds will be of the same gender and shall reflect the regional and ethnic diversity of the people of Kenya. [Act No. 18 of 2018 , Sch.]
§ 6THE COUNCIL OF THE INSTITUTE - 6. Qualifications for appointmentProvision
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.
Section 6. Qualifications for appointment Section 6(1)(a) holds a masters degree from a recognized university; Section 6(1)(b) has at least ten years’ experience in matters related to education; and Section 6(1)(c) meets the requirements of Chapter Six of the Constitution. Section 6(2)(a) holds a degree from a university recognized in Kenya; Section 6(2)(b) education; Section 6(2)(b)(i) education; Section 6(2)(b)(ii) curriculum development; Section 6(2)(b)(iii) economics or finance; Section 6(2)(b)(iv) industry; Section 6(2)(b)(v) media; Section 6(2)(b)(vi) law; or Section 6(2)(b)(vii) public administration; Section 6(2)(c) meets the requirements of Chapter Six of the Constitution. Section 6(3)(a) is a State officer; Section 6(3)(b) is declared to be of unsound mind; Section 6(3)(c) is undischarged bankrupt; or Section 6(3)(d) has been found in accordance with any law to have misused or abused a State office or public office or in any way to have contravened Chapter Six of the Constitution.
§ 7THE COUNCIL OF THE INSTITUTE - 7. Vacancy in officeOffence
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 7. Vacancy in office Section 7(1)(a) resigns by giving notice in writing to the Cabinet Secretary, which notice shall take effect on the date specified therein, and, where no date is specified, on the date of receipt of the notice by the Cabinet Secretary, as the case may be; Section 7(1)(b) is adjudged bankrupt or enters into a scheme of arrangement for the benefit of his or her creditors; Section 7(1)(c) is convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a period exceeding six months without the option of a fine; Section 7(1)(d) is incapacitated by reason of infirmity of body or mind; Section 7(1)(e) is absent from three consecutive meetings of the Council without the permission of the Chairperson; Section 7(1)(f) is otherwise unable or unfit to discharge the functions of the Council; or Section 7(1)(g) dies. Section 7(2) Deleted by ActNo. 18 of 2018, Sch.
§ 9THE COUNCIL OF THE INSTITUTE - 9. Term of office of Council membersProvision
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.
Section 9. Term of office of Council members Section Subject to the provisions of this Act, the Chairperson and members of the Council shall hold office for a term of three years and shall be eligible for re-appointment for one further term.
§ 17ACADEMIC COMMITTEE AND PANELS - 17. Academic Committee and panelsProvision
The Council must establish an Academic Committee and panels; the Director must serve as Secretary to them.
Section 17. Academic Committee and panels Section 17(1) The Council shall have an Academic Committee, course panels, subject panels and a research, monitoring and evaluation panel to perform such functions and discharge such responsibilities as the Council may determine. Section 17(2) The Director shall be the Secretary to the Academic Committee and the panels established under subsection (1).
§ 18ACADEMIC COMMITTEE AND PANELS - 18. Composition and functions of the Academic CommitteeProvision
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.
Section 18. Composition and functions of the Academic Committee Section 18(1) The Academic Committee shall consist of not fewer than thirteen and not more than twenty-three members appointed by the Council. Section 18(2) The Director-General responsible for education shall be the Chairperson of the Academic Committee. Section 18(3)(a) the Ministry responsible for education and training; Section 18(3)(b) the Teachers Service Commission; Section 18(3)(c) the Kenya National Examinations Council; Section 18(3)(d) an institution mandated by law to train teachers for special needs education; Section 18(3)(e) the schools of Education in a public and a private university respectively; Section 18(3)(f) Kenya Federation of Employers; Section 18(3)(g) Kenya Accountants and Secretaries National Examinations Board; Section 18(3)(h) Micro and Small Enterprises Federation; Section 18(3)(i) registered Teachers’ Professional Associations; Section 18(3)(j) registered Teachers’ Unions; Section 18(3)(k) umbrella bodies of registered religious organizations; Section 18(3)(l) not more than four co-opted members not being public officers; and Section 18(3)(m) one person nominated by the national parents association. Section 18(4)(a) keep under constant review the curricula and curriculum support materials at different levels of education and training as provided for in section 4 (e); Section 18(4)(b) ensure the quality of educational programmes developed by the Institute: Section 18(4)(c) co-ordinate and guide the activities of subject and course panels established under section 17 ; Section 18(4)(d) review broad issues relating to curriculum and education policy and make recommendations to the Council; and Section 18(4)(e) recommend for approval by the Council, educational programmes and curricula developed or vetted by the Institute. Section 18(5) The Committee may co-opt not more than three other persons whose knowledge and experience it may find necessary for the performance of its functions. Section 18(6) The Academic Committee may establish its own rules of procedure and shall submit the proceedings of its meetings to the Council for approval.
The Institute's financial year is the twelve-month period ending on 30 June each year.
Section 20. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the thirtieth day of June in 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.
Section 21. Annual estimates Section 21(1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Institute for that year. Section 21(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Institute; Section 21(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Institute; and Section 21(2)(c) the proper maintenance of the buildings and grounds of the Institute. Section 21(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.
§ 22FINANCIAL PROVISIONS - 22. Books of accounts and auditProvision
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.
Section 22. Books of accounts and audit Section 22(1) The Council shall cause to be kept proper books of accounts of all the income and expenditure, assets and liabilities, undertakings, funds, activities, contracts, transactions and other business of the Institute. Section 22(2) The Council shall ensure that all money received is properly brought to account, all payments out of its funds are correctly made and properly authorized and that adequate control is maintained over its assets and liabilities. Section 22(3) The accounts of the Institute shall be audited in accordance with the Public Audit Act (Cap. 412B) and any other law relating to the management of public funds.
Documents required to be under seal are to be sealed with the Council's common seal and authenticated by the Chairperson or the Director.
Section 23. Common seal Section where they are required to be under seal, if sealed with the common seal of the Council 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.
Section 24. Remuneration Section The members of Council shall be paid such allowances as the Council may, in consultation with the Salaries and Remuneration Commission, determine.
§ 25GENERAL PROVISIONS - 25. Appointment of staffProvision
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.
Section 25. Appointment of staff Section 25(1) The Council may appoint such staff or engage such consultants and experts as may be necessary for the proper discharge of its functions under this Act. Section 25(2) The staff appointed under subsection (1) shall serve on such terms and conditions as the Council may, in consultation with the Salaries and Remuneration Commission, determine.
§ 26GENERAL PROVISIONS - 26. Protection from personal liabilityProvision
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.
Section 26. Protection from personal liability Section The Chairperson, members, secretary or staff of the Institute shall not be personally liable for any act or omission done or omitted to be done in good faith in carrying out the functions of the institute 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.
Section 27. Offences Section 27(1) Except as provided for under this Act, no person or institution shall develop or implement any curriculum or curriculum materials in respect to any education institution to which this Act applies, without approval and accreditation in accordance with the provisions of this Act or any other written law. Section 27(2)(a) purports to develop any curriculum in respect of any institution to which this Act applies; Section 27(2)(b) applies in Kenya, any local or foreign curriculum or curriculum support materials in relation to the levels of education and training to which this Act applies without approval of the council; or Section 27(2)(c) contravenes any of the provisions of this Act,
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A–F
4 instruments
Council members Section Subject to the provisions of this Act
Section 9
Curriculum Development Act
Section 1
Director Section Subject to the provisions of this Act
Section 15
Education existing immediately before the commencement of this Act
Section 3
G–M
1 instrument
Institute shall be audited in accordance with the Public Audit Act
Section 22
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31 Dec 2022 · current🇬🇧English
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