Kenya Act or statute

Parliament of Kenya

Early Childhood Education Act

Jurisdiction: Kenya
Structure: 69 provisions
Citation: Cap. 211B
Dates: As at 31 Dec 2022

More statute details

Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
The record does not meet this release's canonical indexing criteria. (emergency-noindex)

On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

Purpose and legislative effect

“This Act may be cited as the Early Childhood Education Act.”

This Act may be cited as the Early Childhood Education Act. Provides definitions of terms used in the Act, listing meanings for quoted terms such as "board of management", "Cabinet Secretary", "child", and others. County governments are specified to provide a framework for establishing a comprehensive early childhood development and education system. Recognises the right to free and compulsory basic education under Article 53 of the Constitution. Every child has the right to free and compulsory early childhood education in a public education centre.

How the instrument operates

01
Start with the recorded version

As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.
02
Locate the controlling provision

Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.
03
Read conditions and exceptions together

Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.
04
Verify currency and official wording

Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

PRELIMINARY - 1. Short title

This Act may be cited as the Early Childhood Education Act.

Section 1

ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 18. Registration

The County Education Board must grant full registration and issue a certificate to a provisionally registered education centre when it is satisfied the centre meets the registration criteria.

Section 18

MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 35. Record keeping requirements

Requires maintaining a register of learners who attend or have attended the early childhood education centre, including each learner's date of birth.

Section 35

ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 50. Prohibition of education centres offering foreign curriculums

Education centres must not offer boarding facilities unless they are child care centres that are registered under the law regulating child care facilities.

Section 50

MISCELLANEOUS PROVISIONS - 69. General penalty

A person who contravenes any provision of this Act for which no penalty is specified commits an offence and, on conviction, is liable to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both.

Section 69

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 31 Dec 2022

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Search within this statute

Search all stored provisions in this version.

Showing 69 of 69 provisions

Provision 55Offence 7Commencement 3Interpretation 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the Early Childhood Education Act.

Section 1. Short title Section This Act may be cited as the Early Childhood Education Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Provides definitions of terms used in the Act, listing meanings for quoted terms such as "board of management", "Cabinet Secretary", "child", and others.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "board of management" means the board of management of an education centre; "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to early childhood education; "child" has the meaning assigned to it under the Children Act (Cap. 141); "children with special needs" means a child in need of special needs education; "County Education Board" means the County Education Board established under section 17 of the Basic Education Act (Cap. 211) in each county; "county executive committee member" means the county executive committee member responsible for matters relating to education within each county; "curriculum" means all approved subjects taught or programmes offered in an education centre which are approved by the Kenya Institute of Curriculum Development; "department" means the department of education headed by the county executive committee member responsible for education at the county level of government; "Education Appeals Tribunal" means the Appeals Tribunal established under section 93 of the Basic Education Act (Cap. 211); "education centre" means a public or private early childhood education centre or facility used for conducting early childhood education and training; "early childhood education" means the pre-primary educational programmes imparted to a child in an education centre; "Education Standards and Quality Assurance Council" means the Education Standards and Quality Assurance Council established under section 64 of the Basic Education Act (Cap. 211); "head teacher" means the lead educator or administrator in an education centre who is responsible for the implementation of policy guidelines and professional practice in the education centre; "Kenya Institute of Curriculum Development" means the Kenya Institute of Curriculum Development established under section 3 of the Kenya Institute of Curriculum Development Act (Cap. 211A); "learner" has the meaning assigned to it in the Teachers Service Commission Act (Cap. 212); "mobile school" has the meaning assigned to it under the Basic Education Act (Cap. 211); "public education centre" includes a sponsored public education centre"; "special needs education" has the meaning assigned to it in the Basic Education Act (Cap. 211); "sponsor" has the meaning assigned to it under the Basic Education Act (Cap. 211); "teacher" has the meaning assigned to it under the Teachers Service Commission Act (Cap. 212); and "Teachers Service Commission" means the Teachers Service Commission established under Article 237(1) of the Constitution. "village administrator" means the office of a village administrator established in section 52 of the County Governments Act (Cap. 265).

Section 2Verify source

§ 3PRELIMINARY - 3. ObjectsProvision

County governments are specified to provide a framework for establishing a comprehensive early childhood development and education system.

Section 3. Objects Section provide a framework for the establishment of a comprehensive early childhood development and education system by the county governments;

Section 3Verify source

§ 4PRELIMINARY - 4. Guiding principlesProvision

Recognises the right to free and compulsory basic education under Article 53 of the Constitution.

Section 4. Guiding principles Section the right to free and compulsory basic education enshrined under Article 53 of the Constitution;

Section 4Verify source

Part II

RIGHT TO EARLY CHILDHOOD EDUCATION

§ 5RIGHT TO EARLY CHILDHOOD EDUCATION - 5. Right to early childhood educationProvision

Every child has the right to free and compulsory early childhood education in a public education centre.

Section 5. Right to early childhood education Section 5(1) Every child has the right to free and compulsory early childhood education in a public education centre. Section 5(2) The right to early childhood education shall be enjoyed without discrimination, exclusion or restriction on the basis of sex, race, colour, ethnic origin, tribe, birth, creed or religion, social or economic standing, political or other opinion, property, disability or other status. Section 5(3)(a) respect, protect, promote, monitor, supervise and evaluate the right to early childhood education and guarantee mechanisms for its enforcement; Section 5(3)(b) refrain from actions that undermine access to early childhood education; Section 5(3)(c) ensure the availability and accessibility of early childhood education by all children within the county irrespective of their economic, social or religious background by making provision for sufficient access to resources, funding and support and maintaining an enabling environment in which children can attain early childhood education; Section 5(3)(d) provide an opportunity for the public to develop their understanding on the need to support the implementation of early childhood education and for public participation in the formulation and implementation of any service or programme interventions towards early childhood education; Section 5(3)(e) ensure the development of skills and capacity building necessary for achieving an equitable and effective early childhood education system in the county; and Section 5(3)(f) provide and maintain a sustainable early childhood education system and protect the right to early childhood education from encroachment by any public authority or any person.

Section 5Verify source

§ 6RIGHT TO EARLY CHILDHOOD EDUCATION - 6. Obligations of county governments in promoting the right to early childhood educationProvision

County governments must provide free and compulsory early childhood education in public education centres within the county.

Section 6. Obligations of county governments in promoting the right to early childhood education Section provide free and compulsory early childhood education in public education centres within the county;

Section 6Verify source

§ 7RIGHT TO EARLY CHILDHOOD EDUCATION - 7. Duty of parents or guardiansOffence

Parents or guardians must present or cause their child to be admitted to an education centre; failure is an offence punishable by a fine up to ten thousand shillings, and if unable to pay, imprisonment up to one year or other penalties including community service.

Section 7. Duty of parents or guardians Section 7(1) Every parent or guardian shall cause to be presented for admission or cause to be admitted his or her child, as the case may be, to an education centre. Section 7(2) A parent or guardian who fails to comply with subsection (1) commits an offence and is liable on conviction, to a fine not exceeding ten thousand shillings. Section 7(3) Where a person convicted of an offence under subsection (2) is unable to pay the fine, that person is liable to imprisonment for a term not exceeding one year or to such penalty including community service as the Court shall consider fit to impose.

Section 7Verify source

§ 8RIGHT TO EARLY CHILDHOOD EDUCATION - 8. Duty of head teacherOffence

The head teacher must investigate a learner's unexplained absence (with the village administrator), issue a written notice to the learner's parent requiring compliance, and submit a report to the County Education Board; a parent who without reasonable cause and after such notice fails to comply commits an offence punishable by a fine not exceeding ten thousand shillings or imprisonment not exceeding one year, or both.

Section 8. Duty of head teacher Section 8(1) Where a learner admitted in an education centre fails to attend the education centre, the head teacher shall, in collaboration with the village administrator, cause an investigation of the circumstances of the learner's absence from school. Section 8(2)(a) issue a written notice to the parent of the learner requiring that parent to comply with the provisions of this Act; and Section 8(2)(b) submit a report on the learner to the County Education Board. Section 8(3) A parent who without reasonable cause and after a written notice from the head teacher, fails to comply with a notice under subsection (2) commits an offence and shall be liable, on conviction, to a fine not exceeding ten thousand shillings or imprisonment for a term not exceeding one year, or to both.

Section 8Verify source

§ 9RIGHT TO EARLY CHILDHOOD EDUCATION - 9. Children with special needsProvision

The county executive committee member must provide infrastructure and measures to ensure children with special needs can access and receive early childhood education, and must carry out a list of specified actions (screening tools, identification, training, programmes, access to sports, individualized education plans, psychosocial support, teacher aids, and other necessary support).

Section 9. Children with special needs Section 9(1) The county executive committee member shall put in place such infrastructure as may be necessary to ensure that children with special needs have access to, and are provided with early childhood education. Section 9(2)(a) ensure that screening tools for early identification of children with special needs and disabilities are developed and distributed for use; Section 9(2)(b) ensure early identification, assessment and interventions of children with special needs and disabilities; Section 9(2)(c) ensure training of personnel working with children with special needs and disabilities on use of screening tools for early interventions; Section 9(2)(d) facilitate development of programmes for training and professional development for all pre-primary education providers and personnel in special needs education; Section 9(2)(e) ensure that children with special needs and disabilities have equal access to recreational sporting facilities within and outside pre-primary school programmes to nurture talents; Section 9(2)(f) ensure that teachers and other staff in integrated pre-primary schools plan and implement an integrated individualized education programme for the purpose of monitoring the progress of an individual child with special needs and disabilities; Section 9(2)(g) liaise with other professionals and stakeholders to provide psychosocial support to learners with special needs and disabilities; Section 9(2)(h) facilitate provision of teacher aids to pre-primary schools to support teachers handling children with special needs and disabilities; and Section 9(2)(i) ensure that children with disabilities are provided with any other necessary support.

Section 9Verify source

Part III

ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES

§ 10ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 10. Establishment of public education centresProvision

County governments must establish and maintain early childhood education centres.

Section 10. Establishment of public education centres Section Subject to the Constitution and this Act, the county governments shall establish and maintain such early childhood education centres as they may consider necessary to meet the obligation set out under Article 53 of the Constitution.

Section 10Verify source

§ 11ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 11. Register of education centresProvision

The section specifies what the county register must list (registered centres, cancelled registrations, and other particulars) and allows any person to inspect or obtain copies; the County Education Board may determine additional particulars from time to time.

Section 11. Register of education centres Section 11(1)(a) all education centres registered to provide early childhood education services within the respective county; Section 11(1)(b) all education centres whose registration has been cancelled; and Section 11(1)(c) such other particulars as the County Education Board may from time to time determine to be necessary. Section 11(2) Any person may inspect the register and obtain a copy of, or an extract of the register from the Registrar.

Section 11Verify source

§ 12ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 12. Requirement for registration of education centresOffence

A person must be registered under the Act to offer early childhood education services or to establish or maintain an education centre; otherwise they must not offer or maintain such a centre.

Section 12. Requirement for registration of education centres Section 12(1) A person shall not offer early childhood education services or establish or maintain an education centre unless that person is registered in accordance with this Act. Section 12(2) A person who fails to comply with subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years, or to both.

Section 12Verify source

§ 13ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 13. Application for registrationProvision

A person intending to offer early childhood education and development services must submit a registration application to the County Education Board in the prescribed form and provide the prescribed supporting documents listed in Section 13(2).

Section 13. Application for registration Section 13(1) A person who intends to offer early childhood education and development services shall submit an application for registration to the County Education Board in the prescribed form. Section 13(2)(a) a certificate of registration or in the case of a company, a copy of the memorandum and articles of association of the company; Section 13(2)(b) duly completed and signed application forms for the management of the education centre in the prescribed form; Section 13(2)(c) duly completed and signed application forms for the head teacher of the education centre in the prescribed form; Section 13(2)(d) an education centre inspection report by the Sub-County Education office; Section 13(2)(e) a public health or sanitary inspection report; Section 13(2)(f) the Title Deed, allotment letter or a valid lease agreement covering a period not less than five years; Section 13(2)(g) certified copies of professional and academic certificates of all teachers and the head teacher; Section 13(2)(h) certified copies of registration certificates issued to the teachers in the education centre by the Teachers Service Commission; Section 13(2)(i) supporting records signed by the relevant authorities showing existing facilities and future development or extension plans where applicable; and Section 13(2)(j) the prescribed fees.

Section 13Verify source

§ 14ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 14. Registration of existing schools to offer early childhood educationProvision

If a person or entity already registered to offer basic education intends to offer early childhood education, they must apply for registration to offer early childhood education.

Section 14. Registration of existing schools to offer early childhood education Section Where a person who or an entity which is registered to offer basic education under the Basic Education Act (Cap. 211) intends to offer early childhood education, such person or entity shall apply, subject to section 66 , for registration to offer early childhood education in the prescribed manner.

Section 14Verify source

§ 15ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 15. Provisional registrationProvision

The County Education Board must provisionally register applicants meeting the registration criteria.

Section 15. Provisional registration Section 15(1) The County Education Board shall, where an applicant under section 13 and section 14 meets the criteria for registration, provisionally register the applicant if it is satisfied that the education centre or proposed education centre meets the criteria for registration as an education centre. Section 15(2) Provisional registration of an education centre or proposed education centre shall be for a period of twelve months, unless earlier revoked or such other period as the County Education Board may specify. Section 15(3) The County Education Board may renew the provisional registration of an education centre only once, for such period as it may specify, if it is satisfied that exceptional circumstances exist in relation to the education centre. Section 15(4) The County Education Board may undertake further investigations of the education centre, in addition to the review required under section 16 , of an education centre that has its provisional registration renewed under subsection (3).

Section 15Verify source

§ 16ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 16. Review of registrationProvision

After provisional registration the County Education Board must inform the county executive committee member; the county executive committee member must cause a review between six and twelve months (or earlier if they consider necessary), must conduct further review on request of the County Education Board, and must submit review findings to the County Education Board and the head teacher, including whether the centre meets registration criteria and areas for improvement.

Section 16. Review of registration Section 16(1) As soon as practicable after provisionally registering an education centre under section 15 , the County Education Board shall inform the county executive committee member of the provisional registration. Section 16(2)(a) between six and twelve months after the provisional registration of the education centre or proposed education centre; or Section 16(2)(b) a period earlier than that specified in paragraph (a) if in the opinion of the County Executive Committee member, a shorter time is necessary. Section 16(3) The county executive committee member shall cause a further review of an education centre to be conducted upon the request of the County Education Board. Section 16(4) The county executive committee member shall submit the findings of a review under this section to the County Education Board and to the head teacher of the education centre for implementation. Section 16(5)(a) information on whether the education centre meets the criteria for registration as an education centre; and Section 16(5)(b) information on the areas where improvement is required, if it does not meet the criteria.

Section 16Verify source

§ 17ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 17. Criteria for registration as a private education centreProvision

Criterion for registration: situated in premises that meet the requirements of a suitable premises under section 19.

Section 17. Criteria for registration as a private education centre Section is situated in a premises that meets the requirements of a suitable premises under section 19 ;

Section 17Verify source

§ 18ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 18. RegistrationProvision

The County Education Board must grant full registration and issue a certificate to a provisionally registered education centre when it is satisfied the centre meets the registration criteria.

Section 18. Registration Section Where the County Education Board is satisfied that an education centre that is provisionally registered meets the criteria for registration as an education centre, it shall grant full registration to the centre and issue to the centre, a certificate of registration.

Section 18Verify source

§ 19ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 19. Suitable premisesProvision

The County Education Board must consider the criteria in the First Schedule when determining whether an education centre's premises are suitable for early childhood education.

Section 19. Suitable premises Section 19(1) In determining whether the premises of an education centre are suitable for the administration of early childhood education, the County Education Board shall take into account the criteria specified under the First Schedule. Section 19(2) Subsection (1) shall apply to all premises used by the education centre for the regular delivery of courses, whether or not the proprietor of the centre owns or leases the premises for the education centre. Section 19(3) The compound in which an education centre is situated shall not be less than one acre in measurement.

Section 19Verify source

§ 20ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 20. Change of premisesProvision

The board of management must not change the centre's location or acquire additional premises for running the centre unless it has applied to and obtained approval from the County Education Board; the County Education Board must consider the criteria in section 17 when deciding whether to grant approval.

Section 20. Change of premises Section 20(1) The board of management shall not change the location of the centre nor acquire additional premises for the purpose of running the education centre unless it has applied to, and obtained the approval of the County Education Board. Section 20(2) In determining whether to grant approval under subsection (1), the County Education Board shall take into account the criteria specified under section 17 . Section 20(3)(a) the acquisition of premises that are in addition to its current premises; or Section 20(3)(b) the relocation of the education centre to a different premise from that currently occupied by the education centre.

Section 20Verify source

§ 21ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 21. Mobile schoolsProvision

County Governments may establish mobile schools to facilitate access to early childhood education within the county; the Cabinet Secretary may, in consultation with the County Education Board, prescribe requirements for establishing a mobile school.

Section 21. Mobile schools Section 21(1) A County Government may establish such mobile schools as it considers necessary to facilitate access to early childhood education within the county. Section 21(2) The provisions of this Part shall, subject to subsection (3), apply with necessary modification to the registration of mobile schools. Section 21(3) The Cabinet Secretary may, in consultation with the County Education Board prescribe the requirements for the establishment of a mobile school within the county.

Section 21Verify source

§ 22ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 22. Obligations of a private education centreProvision

A private education centre must establish the structures necessary for the management and administration of education within the centre.

Section 22. Obligations of a private education centre Section establish the structures necessary for the management and administration of education within the centre;

Section 22Verify source

§ 23ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 23. Action by the County Education Board where centre fails to comply with ActOffence

The County Education Board may, where an education centre fails to meet registration criteria or there are other specified grounds, issue a notice to comply, require the head teacher to inform parents, impose registration conditions, suspend registration, or cancel registration in accordance with section 25.

Section 23. Action by the County Education Board where centre fails to comply with Act Section 23(1)(a) it considers that the education centre has not met any or all of the criteria for registration as an education centre; Section 23(1)(b) a review conducted under section 16 indicates that the education centre does not, or is not likely to, meet all or any of the criteria for registration as a private education centre; Section 23(1)(c) the head teacher of the education centre has breached or is breaching his or her statutory duties in relation to the education centre under this Act or any other written law; or Section 23(1)(d) it has reasonable grounds to believe that serious criminal activity has or is occurring in the education centre. Section 23(2)(a) issue the head teacher of the education centre with a notice to comply in the prescribed form; Section 23(2)(b) require the head teacher of the education centre to inform parents of the learners in the centre that the centre is not meeting the criteria for registration as a private education centre; Section 23(2)(c) impose conditions on the continued registration of the education centre; Section 23(2)(d) take any action specified under paragraphs (a) to (c), and suspend the education centre's registration; or Section 23(2)(e) cancel the education centre's registration in accordance with section 25 . Section 23(3)(a) shall be proportionate to the seriousness of the action or inaction by the education centre; and Section 23(3)(b) is in addition to any fine incurred or other penalty imposed under this Act, or under any other written law.

Section 23Verify source

§ 24ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 24. Suspension of registration where welfare learners is at riskProvision

The County Education Board has the power to suspend an education centre's registration when the welfare of learners is at risk and (a) the risk cannot be managed by any practicable means other than suspension, or (b) managing the risk without suspension would take an amount of time that the County Education Board considers excessive.

Section 24. Suspension of registration where welfare learners is at risk Section 24(1)(a) that it is unlikely that the risk can be managed by any practicable means other than by suspension of the registration; or Section 24(1)(b) that, although the risk could be managed by means other than by suspension of the registration, the amount of time necessary to do so is likely, in the opinion of the County Education Board, to be excessive. Section 24(2)(a) is satisfied that the head teacher has complied with all requirements imposed by it; or Section 24(2)(b) cancels the registration of the education centre in accordance with section 25 . Section 24(3)(a) is satisfied that the welfare of the learners in the education centre is no longer at risk; or Section 24(3)(b) cancels the registration of the education centre in accordance with section 25 , after issuing the head teacher of the education centre with a notice to comply in accordance with section 23 .

Section 24Verify source

§ 25ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 25. Cancellation of registrationProvision

The County Education Board must (a) obtain and consider relevant information including review committee reports, (b) give written notice with reasons to a centre's board of management if it is considering cancelling registration, and (c) give that board a reasonable opportunity to respond.

Section 25. Cancellation of registration Section 25(1)(a) does not improve sufficiently to meet the criteria for registration under section 17 ; and Section 25(1)(a)(i) does not improve sufficiently to meet the criteria for registration under section 17 ; and Section 25(1)(a)(ii) is not, in the opinion of the County Education Board, likely to meet the criteria, within a further reasonable time; Section 25(1)(b) the head teacher of the education centre is continuing in breach of the statutory duties in relation to the centre; or Section 25(1)(c) serious criminal activity has or continues to occur in the education centre. Section 25(2)(a) take reasonable steps to obtain and consider any relevant information, including any report by a review committee appointed by the County Education Board for that purpose; Section 25(2)(b) give written notice to the board of management of the education centre that it is considering cancelling the registration of the education centre, and give reasons; and Section 25(2)(c) give the board of management of the education centre a reasonable opportunity to respond to the notice.

Section 25Verify source

§ 26ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 26. Appeal from decision of the County Education BoardProvision

A person aggrieved by a County Education Board decision may appeal to the Education Appeals Tribunal within thirty days of notification; the Cabinet Secretary may prescribe the appeal form and the manner of determination.

Section 26. Appeal from decision of the County Education Board Section 26(1) A person who is aggrieved by the decision of the County Education Board under this Part may, within thirty days of being notified of the decision, appeal to the Education Appeals Tribunal established under section 93 of the Basic Education Act (Cap. 211). Section 26(2) The Appeal shall be in such form as the Cabinet Secretary may prescribe. Section 26(3) The appeal shall be determined in such manner as the Cabinet Secretary shall, under section 93(3) of the Basic Education Act (Cap. 211) prescribe.

Section 26Verify source

§ 27ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 27. Categories of education centresProvision

Defines private and public education centres; prohibits converting a public education centre to private status without consultation and approval.

Section 27. Categories of education centres Section 27(1)(a) private education centres established, owned or operated by private persons; and Section 27(1)(b) public education centres established, owned or operated by the county government. Section 27(2) A public education centre shall not be converted to a private education centre or to any other private status without consultation with the County Education Board and approval by the county executive committee member.

Section 27Verify source

§ 28ESTABLISHMENT AND REGISTRATION OF EARLY CHILDHOOD EDUCATION CENTRES - 28. SponsorsProvision

Private persons, including religious institutions, may sponsor public education centres; sponsors must not influence curriculum or compromise applicable law or teachers' professional standards; sponsors may participate in review of syllabus and offer financial, infrastructural and spiritual support; curriculum must follow the Kenya Institute of Curriculum Development.

Section 28. Sponsors Section 28(1) A public education centre may be sponsored by a private person including a religious institution. Section 28(2) A sponsorship entered into under subsection (1) shall be used to enhance the educational programmes in an education centre and contribute directly or indirectly to the quality of education administered in an education centre under this Act. Section 28(3) A sponsor shall not influence the curriculum administered in an education centre, compromise the implementation of any written law applicable to the education centre or compromise the professional standards and ethics of teachers in the early education centre. Section 28(4)(a) participate and make recommendations of review of syllabus, curriculum, books and other teaching aids; and Section 28(4)(b) offer financial, infrastructural and spiritual support to the education centre. Section 28(5) Despite the fact that the sponsor of an education centre is a faith-based institution, the curriculum in the education centre shall be as set and approved by the Kenya Institute of Curriculum Development.

Section 28Verify source

Part IV

MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES

§ 29MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 29. Management board of an early childhood education centreProvision

Every public education centre must have a board of management; the board has corporate powers (e.g., sue and be sued, hold property, borrow, contract) and must seek County Education Board approval before exercising its property acquisition and borrowing functions.

Section 29. Management board of an early childhood education centre Section 29(1) There is established in every public education centre, a board of management. Section 29(2)(a) suing and being sued; Section 29(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; Section 29(2)(c) borrowing money; Section 29(2)(d) entering into contracts; and Section 29(2)(e) doing or performing all other things or acts for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate. Section 29(3) In the performance of its functions under paragraphs (b) and (c) of subsection (2), the board of management shall first seek the approval of the County Education Board.

Section 29Verify source

§ 30MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 30. Composition of board of managementProvision

Section 30 sets out who composes the board of management for an early childhood education centre and several duties and powers of that board, including appointment of a chairperson, reporting to the County Education Board, that the head teacher is secretary, and authority to co-opt up to two persons.

Section 30. Composition of board of management Section 30(1)(a) one person elected by the parents from each level within the education centre to represent parents of learners in the education centre; Section 30(1)(b) one representative of the teaching staff in the education centre nominated by the teachers; Section 30(1)(c) two persons with experience in matters of nutrition and social work relating to early childhood development and education nominated by the County Governor on the recommendation of the County Education Board; Section 30(1)(d) one public officer nominated by the county executive committee member within the county; Section 30(1)(e) one person living with disability to represent children with disabilities; Section 30(1)(f) the head teacher of the education centre, who shall be an ex officio member; and Section 30(1)(g) in the case of a sponsored education centre, one person nominated by the sponsor. Section 30(2) A person is qualified for nomination to the board of management if the person holds at least a Kenya Certificate of Secondary Education. Section 30(3) The head teacher to the education centre shall be the secretary to the board of management. Section 30(4) The board of management shall report to the County Education Board on the performance of its functions under this Act. Section 30(5) The members of the board of management shall, at their first meeting convened on such date as the County Education Board shall determine, appoint from amongst themselves, a person who shall be the Chairperson of the board of management. Section 30(6) The board of management may co-opt such persons not exceeding two in number to sit in the committee of the board, whose knowledge and skills are found necessary for the performance of the functions of the board. Section 30(7) The board of management shall conduct its affairs in accordance with the provisions of the Second Schedule. Section 30(8) Except as provided in the Second Schedule, the board of management may regulate its own procedure.

Section 30Verify source

§ 31MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 31. Functions of the board of managementProvision

The board of management must identify local early childhood education and development service needs and develop viable strategies to meet them.

Section 31. Functions of the board of management Section identify the needs of early childhood education and development services within their local communities and develop viable strategies for meeting these needs;

Section 31Verify source

§ 32MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 32. Committees of the board of managementProvision

The board of management of an early childhood education centre may establish committees it considers appropriate to perform functions and discharge responsibilities.

Section 32. Committees of the board of management Section The board of management of an early childhood education centre may establish such committees as the board of management may consider appropriate to perform the functions and discharge the responsibilities as the board of management may deem necessary.

Section 32Verify source

§ 33MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 33. Parents Teachers AssociationProvision

The Parents Teachers Association must elect a Chairperson at its first meeting; the head teacher must be the Secretary to the Parents Teachers Association.

Section 33. Parents Teachers Association Section 33(1)(a) every parent with a learner in the education centre; and Section 33(1)(b) a representative of the teachers in the education centre. Section 33(2) There shall be an Executive Committee of the Parents Teachers Association consisting of representatives of parents with learners in each level within the education centre and a teacher. Section 33(3) The members of the Executive Committee of Parents Teachers Association shall be elected during an annual general meeting of parents and teachers. Section 33(4) The Parents Teachers Association shall, at its first meeting, elect a Chairperson from amongst the persons elected under subsection (3). Section 33(5) The Chairperson of the Parents Teachers Association shall be co-opted to the board of management. Section 33(6) The head teacher shall be the Secretary to the Parents Teachers Association. Section 33(7)(a) promote quality care, nutritional and health status of the learners; Section 33(7)(b) maintain good working relationship between teachers and parents; Section 33(7)(c) discuss, explore and advise the parents on ways to raise funds for the physical development and maintenance; Section 33(7)(d) explore ways to motivate the teachers and learners to improve their performance in academic and co-curricular activities; Section 33(7)(e) discuss and approve charges to be levied on learners or parents; Section 33(7)(f) assist the school management in the monitoring, guidance, counselling and disciplining of learners; and Section 33(7)(g) discuss and recommend measures for the welfare of staff and learners.

Section 33Verify source

§ 34MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 34. Annual report on governanceProvision

Every public education centre must submit an annual report to the County Education Board.

Section 34. Annual report on governance Section Every public education centre shall submit an annual report to the County Education Board.

Section 34Verify source

§ 35MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 35. Record keeping requirementsProvision

Requires maintaining a register of learners who attend or have attended the early childhood education centre, including each learner's date of birth.

Section 35. Record keeping requirements Section a register of the learners who attend or have attended the early childhood education centre, specifying the date of birth of each learner;

Section 35Verify source

§ 36MANAGEMENT OF EARLY CHILDHOOD EDUCATION CENTRES - 36. Teaching staffProvision

A person is qualified for employment as an early childhood education teacher if they are registered as a teacher by the Teachers Service Commission.

Section 36. Teaching staff Section 36(1) A person is qualified for employment as an early childhood education teacher if the person is registered as a teacher by the Teachers Service Commission. Section 36(2)(a) meets the requirements of subsection (1); and Section 36(2)(b) has at least two years' experience in matters of early childhood education.

Section 36Verify source

Part IX

TRANSITIONAL PROVISIONS

§ 66TRANSITIONAL PROVISIONS - 66. Existing education centresCommencement

Education centres registered immediately before commencement are deemed registered under this Act and remain licensed for one year subject to conditions; the County Education Board may issue or cancel transitional certificates and may declare deemed registration ended where subsection (4) applies; notices must state reasons.

Section 66. Existing education centres Section 66(1) Subject to subsections (2), (3) and (6), every education centre that, immediately before the commencement of this Act, was registered as an education centre shall be deemed to be registered as an education centre under this Act, and continues to be so licensed for a period of one year after the commencement of this Act subject to such conditions of registration as may be imposed under this Act. Section 66(2)(a) if that service provider fails to apply for registration within the specified period, the centre ceases to be registered under subsection (1) at the end of that period; or Section 66(2)(b) if the service provider makes an application within the required period, the centre continues to be registered under subsection (1) until that application is determined. Section 66(3) Despite subsection (1), if subsection (4) applies, the County Education Board may, by written notice to the service provider who operates an education centre that is deemed to be registered under subsection (1), declare that the centre is no longer registered under subsection (1) and the notice has effect accordingly. Section 66(4)(a) has failed to comply with this Act on the requirements of registration; or Section 66(4)(b) fails to comply with any conditions for registration. Section 66(5) The County Education Board may, despite the fact that the centre concerned does not meet the minimum requirements for registration under section 13 or 17, issue to the service provider operating the centre a transitional certificate in such manner as the county executive committee member may prescribe and subject to such conditions as he or she may impose. Section 66(6) Where the County Education Board is not satisfied that the conditions specified in a certificate issued under subsection (5) are being complied with, the County Education Board may, by written notice to the service provider operating the centre, cancel the certificate. Section 66(7) Every notice under subsection (3) or subsection (6) shall set out the reasons for the action taken. Section 66(8) Subsections (1) to (6) shall not limit any powers to cancel or suspend the registration of an education centre in the manner prescribed by the county executive committee member.

Section 66Verify source

§ 67TRANSITIONAL PROVISIONS - 67. Qualified personsCommencement

A person employed as an early childhood teacher when this Act starts who lacks the minimum requirements under section 36(1) will continue to qualify for that employment if they obtain the necessary qualifications within four years of the commencement of the Act.

Section 67. Qualified persons Section A person employed as an early childhood teacher at the commencement of this Act and does not possess the minimum requirements as stated under section 36(1) shall continue to qualify for employment as an early childhood teacher if that person obtains the necessary qualifications within four years of the commencement of this Act.

Section 67Verify source

Part V

ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM

§ 37ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 37. Management of early childhood education within a countyProvision

County governments must govern and manage early childhood education centres in their county; the county executive committee member must determine resource and infrastructure requirements in consultation with the County Education Board.

Section 37. Management of early childhood education within a county Section 37(1) Each county government shall be responsible for the overall governance and management of early childhood education centres within the respective county. Section 37(2) The county executive committee member in each County shall, in consultation with the County Education Board, determine the early childhood education resource and infrastructure requirements within the County.

Section 37Verify source

§ 38ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 38. Recruitment of early childhood teachersProvision

The county government must pay remuneration to early childhood education teachers employed in public education centres within the county, the amount to be determined in consultation with the Salaries and Remuneration Commission.

Section 38. Recruitment of early childhood teachers Section 38(1)(a) recruitment and professional development of early childhood education teachers in public education centres within the county; and Section 38(1)(b) maintenance of a register of early childhood education teachers recruited by it under paragraph (a). Section 38(2) The county government shall pay to early childhood education teachers employed in public education centres within the county, such remuneration as it shall, in consultation with the Salaries and Remuneration Commission, determine.

Section 38Verify source

§ 39ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 39. Free admission into public education centreProvision

A person must not charge or collect any fee to admit a child into a public education centre; however, non‑Kenyan persons may be required to pay admission fees.

Section 39. Free admission into public education centre Section 39(1) A person shall not charge or collect any fee for the purpose of admitting a child into any public education centre. Section 39(2) Despite subsection (1), admission fees may be payable by persons who are not Kenyan citizens.

Section 39Verify source

§ 40ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 40. Period of admissionCommencement

Children are to be admitted at the start of the academic year or within another period an education centre may prescribe; the person responsible for admissions must not discriminate against any child on listed grounds.

Section 40. Period of admission Section 40(1) A child shall be admitted in an education centre at the commencement of the academic year or within such other extended period as may be prescribed by an education centre. Section 40(2) The person responsible for admission of children in an education centre shall not discriminate against any child seeking admission on any ground including ethnicity, gender, religion, race, age, disability, language or culture.

Section 40Verify source

§ 41ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 41. Age of admissionProvision

Children aged four to six are eligible for admission to an education centre; head teachers may admit older children and may use identification documents to determine age; children must not be denied admission for lack of proof of age.

Section 41. Age of admission Section 41(1) A child who has attained the age of four years and who is not more than six years of age is eligible for admission in an education centre. Section 41(2) Despite the provisions of subsection (1), the head teacher of an education centre may, where the head teacher considers it appropriate, admit a child who is more than six years of age. Section 41(3) For purposes of subsection (1), the head teacher of an education centre may, in determining the age of a child, use the immunization card or birth certificate, passport or any other recognized identification document of the child. Section 41(4) A child shall not be denied admission in an early childhood education centre for lack of proof of age.

Section 41Verify source

§ 42ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 42. Prohibition of administration of exams for purposes of admissionProvision

An education centre under this Act must not administer examinations to determine admission into the centre.

Section 42. Prohibition of administration of exams for purposes of admission Section An education centre under this Act shall not administer examinations for the purpose of determining admission into the education centre.

Section 42Verify source

§ 43ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 43. Prohibition from holding back and expulsionProvision

Learners admitted to an education centre must not be held back in any class or expelled without the County Education Board's approval.

Section 43. Prohibition from holding back and expulsion Section A learner admitted in an education centre shall not be held back in any class or expelled from the centre without the approval of the County Education Board.

Section 43Verify source

§ 44ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 44. Standards of education in a private education centreProvision

A private education centre must comply with and follow the curriculum approved by the Kenya Institute of Curriculum Development.

Section 44. Standards of education in a private education centre Section A private education centre shall comply with and follow the curriculum approved by the Kenya Institute of Curriculum Development.

Section 44Verify source

§ 45ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 45. Framework of curriculumAmendment

The Kenya Institute of Curriculum Development must develop and periodically review early childhood education curricula for counties; service providers must implement reviewed frameworks.

Section 45. Framework of curriculum Section 45(1) The Kenya Institute of Curriculum Development shall be responsible for the development of the early childhood education curricula to be applied by counties. Section 45(2)(a) within a period of five years after the development of the curriculum under subsection (1); and Section 45(2)(b) subsequently every five years after each review. Section 45(3) The Kenya Institute of Curriculum Development shall, in carrying out the review under subsection (2), take into account the specific or special needs of children within the respective county. Section 45(4) In reviewing the curriculum under subsection (1), the Kenya Institute of Curriculum Development shall ensure that the curriculum adheres to the policy and guidelines on curricula developed by the Cabinet Secretary under the Basic Education Act (Cap. 211). Section 45(5)(a) the curriculum framework that has been prescribed or, as the case may be, reviewed; and Section 45(5)(b) the curriculum framework or the amendment to the curriculum framework in its entirety, or a notice as to the manner in which a copy of the curriculum framework or the amendment to the curriculum framework can be obtained by members of the public. Section 45(6) If a curriculum framework is reviewed under this section, every service provider for a registered education centre and to whom that curriculum framework applies, shall implement that curriculum framework in accordance with any requirements prescribed in regulations made under this Act.

Section 45Verify source

§ 46ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 46. Free tuitionOffence

Public childhood education centres must not charge tuition for learners; they may charge fees for children who are not Kenyan citizens; staff who impose charges commit an offence and face a fine up to 100000 shillings or imprisonment up to six months, or both.

Section 46. Free tuition Section 46(1) A public childhood education centre shall not charge or cause any parent or guardian to pay tuition fee for or on behalf of any learner in the education centre. Section 46(2) Despite subsection (1), a public education centre may charge tuition fees for the education of children who are not citizens of Kenya. Section 46(3) A head teacher or a member of the board of management of a public education centre who imposes a charge or causes any parent or guardian to pay tuition fees commits an offence and shall be liable on conviction to a fine not exceeding one hundred thousand shillings or imprisonment for a term not exceeding six months, or to both.

Section 46Verify source

§ 47ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 47. Education centre programmes.Provision

Section provide appropriate and adequate learning and play materials;

Section 47. Education centre programmes. Section provide appropriate and adequate learning and play materials;

Section 47Verify source

§ 48ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 48. Prohibition of holiday tuitionProvision

Education centres are prohibited from providing early childhood education services or offering tuition during school holidays, on weekends, or on days declared public holidays under the Constitution or the Public Holidays Act (Cap. 110).

Section 48. Prohibition of holiday tuition Section An education centre shall not undertake early childhood education services nor offer tuition during school holidays, on weekends or on a day declared to be a public holiday under the Constitution or the Public Holidays Act ( Cap. 110 ).

Section 48Verify source

§ 49ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 49. Teacher to child ratioProvision

The Cabinet Secretary must prescribe the teacher-to-child ratio for early childhood education centres, in consultation with the Teachers Service Commission and the County Education Board.

Section 49. Teacher to child ratio Section The teacher to child ration in an early childhood education centre under this Act shall be as prescribed by the Cabinet Secretary in consultation with the Teachers Service Commission and the County Education Board.

Section 49Verify source

§ 50ADMINISTRATION OF THE EARLY CHILDHOOD EDUCATION SYSTEM - 50. Prohibition of education centres offering foreign curriculumsProvision

Education centres must not offer boarding facilities unless they are child care centres that are registered under the law regulating child care facilities.

Section 50. Prohibition of education centres offering foreign curriculums Section An education centre under this Act shall not offer boarding facilities unless the centre is a child care centre and is registered in accordance with the law regulating child care facilities.

Section 50Verify source

Part VI

ACCREDITATION

§ 51ACCREDITATION - 51. Accreditation of education centres offering foreign curriculumsProvision

Education centres that administer or intend to administer a foreign curriculum must apply to the County Education Board for accreditation.

Section 51. Accreditation of education centres offering foreign curriculums Section An education centre administering or intending to administer a foreign curriculum shall apply to the County Education Board for accreditation in the manner specified under this Part.

Section 51Verify source

§ 52ACCREDITATION - 52. Application for accrditionProvision

An education centre that intends to apply for accreditation must apply to the County Education Board in the prescribed form and submit that application together with a certificate from the Kenya Institute of Curriculum Development confirming that the foreign curriculum adheres to the set early childhood curriculum.

Section 52. Application for accrdition Section 52(1) An education centre which intends to apply for accreditation shall make an application to the County Education Board in the prescribed form. Section 52(2) An education centre shall submit the application made under subsection (1) together with a certificate from the Kenya Institute of Curriculum Development containing a statement that the foreign curriculum adheres to the set curriculum for early childhood education.

Section 52Verify source

§ 53ACCREDITATION - 53. Consideration of applicationProvision

Acknowledge receipt of the application within a period of seven days of receipt of the application.

Section 53. Consideration of application Section acknowledge receipt within a period of seven days of receipt of the application;

Section 53Verify source

§ 54ACCREDITATION - 54. Evaluation of applicant for accreditationProvision

The County Education Board must visit an education centre within sixty days of an accreditation application and, during that visit, authenticate submitted information and evaluate whether the centre meets registration standards.

Section 54. Evaluation of applicant for accreditation Section 54(1) The County Education Board shall carry out a site visit of the education centre within a period of sixty days from the date of the application for accreditation. Section 54(2) The County Education Board shall, in carrying out a site visit, authenticate the information submitted by the education centre and evaluate the institution to determine whether it meets the standards for the registration of an education centre under this Act.

Section 54Verify source

§ 55ACCREDITATION - 55. Interim accreditationProvision

County Education Board may grant interim accreditation; the education centre issued such a certificate must address non-compliance within a period not exceeding twelve months, and the certificate is deemed expired if the centre fails to meet standards within that period.

Section 55. Interim accreditation Section 55(1) The County Education Board may, in consultation with the county executive committee member grant to an applicant a certificate of interim accreditation where the County Education Board is not satisfied that the education centre complies with the prescribed accreditation standards. Section 55(2) An education centre to which a certificate of interim accreditation is issued under subsection (1) shall address areas of non-compliance within such a period as may be specified by the County Education Board not exceeding twelve months from the date on which the certificate is issued and on compliance, resubmit an application to the County Education Board for full accreditation. Section 55(3) The certificate of interim accreditation is deemed to have expired if an education centre fails to meet the accreditation standards within the period specified by the County Education Board.

Section 55Verify source

§ 56ACCREDITATION - 56. Grant of accreditationProvision

Section 56 allows the County Education Board to defer its decision on an accreditation application and to require the applicant to submit additional information or take measures; it also provides that a certificate of accreditation, once granted, is valid for five years and renewable subject to prescribed conditions; the section contemplates granting or rejecting applications and requires written reasons for rejection.

Section 56. Grant of accreditation Section 56(1)(a) grant to an applicant a certificate of accreditation upon satisfaction that the education centre complies with the prescribed accreditation standards and meets the requirements under this Act; or Section 56(1)(b) reject the application and give written reasons for the rejection. Section 56(2) The certificate of accreditation shall be valid for a period of five years and renewable subject to the education centre meeting the prescribed conditions. Section 56(3) The County Education Board may defer its decision on an application for accreditation and require the applicant to submit additional information or take such measures as the County Education Board may consider necessary.

Section 56Verify source

§ 57ACCREDITATION - 57. Renewal of accreditationProvision

Education centres may apply to renew accreditation; the County Education Board must consider such renewal applications in consultation with the county executive committee member.

Section 57. Renewal of accreditation Section 57(1) An education centre may make an application for renewal of its accreditation to the County Education Board in the prescribed form. Section 57(2) An application for renewal of accreditation shall be submitted at least ninety days before the expiry of the certificate of accreditation. Section 57(3) The County Education Board in consultation with the county executive committee member shall consider an application for renewal of accreditation.

Section 57Verify source

§ 58ACCREDITATION - 58. Adherence to conditions for accreditationProvision

adhere to the standards and conditions for accreditation

Section 58. Adherence to conditions for accreditation Section adhere to the standards and conditions for accreditation; and

Section 58Verify source

§ 59ACCREDITATION - 59. Suspension of a certificate of accreditationProvision

The County Education Board may suspend an education centre's certificate of accreditation for a specified period if the centre fails to meet accreditation standards, and the Board must communicate that decision to the centre with reasons, noted non-compliance and required actions.

Section 59. Suspension of a certificate of accreditation Section 59(1) The County Education Board may, in consultation with the county executive committee member suspend a certificate of accreditation issued to an education centre for a specified period where the centre fails to comply with the standards of accreditation until the standards are met. Section 59(2) The County Education Board shall communicate a decision made under subsection (1) to the education centre specifying the reasons for the decision, the non-compliance noted and the action required to be taken by the education centre.

Section 59Verify source

§ 60ACCREDITATION - 60. Revocation of accreditationProvision

The County Education Board must not revoke a certificate of accreditation unless it grants the education centre a right to be heard; an education centre may reapply for accreditation only after at least twelve months from revocation.

Section 60. Revocation of accreditation Section 60(1)(a) fails to comply with a standard of accreditation; or Section 60(1)(b) fails to correct any deficiency noted and communicated to the institution by the County Education Board. Section 60(2) The County Education Board shall not revoke a certificate of accreditation unless it grants the education centre, a right to be heard on the revocation. Section 60(3) An education centre whose certificate has been revoked may apply for accreditation after a period of not less than twelve months from the date of revocation of accreditation.

Section 60Verify source

§ 61ACCREDITATION - 61. Appeal against decision of the County Education Board to revoke accreditationProvision

An education centre aggrieved by a County Education Board decision may appeal to the Education Appeals Tribunal within fourteen days of that decision.

Section 61. Appeal against decision of the County Education Board to revoke accreditation Section An education centre which is aggrieved by the decision of the County Education Board may appeal to the Education Appeals Tribunal within a period of fourteen days from the date of the decision of the County Education Board.

Section 61Verify source

§ 62ACCREDITATION - 62. Register of accredited education centresProvision

The County Education Board must establish and maintain a register of accredited education centres.

Section 62. Register of accredited education centres Section 62(1) The County Education Board shall establish and maintain a register of accredited education centres. Section 62(2) The register established and maintained under subsection (1) shall be open to the public for inspection.

Section 62Verify source

Part VII

QUALITY ASSURANCE

§ 63QUALITY ASSURANCE - 63. Quality assuranceProvision

Section establishes the County Quality Assurance Committee membership and assigns duties including appointment of members, election of a chair, establishing a secretariat, and ensuring and reviewing education quality standards.

Section 63. Quality assurance Section 63(1)(a) two persons of either gender, not being public officers, appointed by the Governor by notice in the County Gazette and who have knowledge and at least ten years' experience in matters relating to early childhood education or education quality assurance; Section 63(1)(b) the county executive committee member responsible for education or a representative nominated by the county executive committee member in writing; Section 63(1)(c) one public officer in the department responsible for health, nominated by the respective county executive committee member responsible for matters relating to health; Section 63(1)(d) one representative of the quality assurance body established under the Basic Education Act (Cap. 211); Section 63(1)(e) one person with knowledge and experience in matters relating to education nominated by the County Education Board; and Section 63(1)(f) one person representing persons with disabilities nominated by the National Council for Persons with Disabilities. Section 63(2) The appointments under subsections 1(a) and 1(e) shall be for a term of three years renewable for one further term. Section 63(3) The Committee shall at its first meeting elect a Chairperson. Section 63(4) The county executive committee member responsible for education shall establish a secretariat to support the Committee. Section 63(5)(a) ensure the implementation and adherence to standards and guidelines on quality assurance in education centres in the County in accordance with the national standards developed by the Education, Standards and Quality Assurance Council; Section 63(5)(b) ensure that the standards and quality of education offered in education centres under this Act and under any other written law are adhered to and maintained; and Section 63(5)(c) monitor and evaluate and where appropriate, make proposals for and review of the standards and guidelines on quality assurance in the county.

Section 63Verify source

Part VIII

SAFETY AND PROTECTION OF CHILDREN IN AN EDUCATION CENTRE

§ 64SAFETY AND PROTECTION OF CHILDREN IN AN EDUCATION CENTRE - 64. Safety equipmentProvision

Centres must maintain safe premises, ensure welfare of people in the institution, provide and keep emergency equipment and medicine (accessible in emergencies and kept out of children\'s reach), and the Cabinet Secretary must prescribe minimum health and safety standards.

Section 64. Safety equipment Section 64(1)(a) maintain premises that meet the requirements of the occupational health, safety regulations and building standards; Section 64(1)(b) ensure the welfare and safety of the learners, teachers, non-teaching staff and other persons within the institution; and Section 64(1)(c) put in place fire fighting equipment, first aid and other emergency equipment and non-prescription medicine as the county executive committee member may prescribe. Section 64(2) In providing the equipment specified under subsection (1)(c), the centre shall ensure that such equipment is accessible during an emergency. Section 64(3) The equipment and medicine under subsection (1) shall be maintained or kept by a centre in such manner as to ensure that it is out of the reach of children and ensures that the safety of the children is not compromised. Section 64(4) The Cabinet Secretary shall prescribe minimum standards for the health and safety of learners and for a satisfactory environment for education.

Section 64Verify source

§ 65SAFETY AND PROTECTION OF CHILDREN IN AN EDUCATION CENTRE - 65. Prohibition of corporal punishmentOffence

Teachers and any staff of an education centre must not administer corporal punishment; contravening persons commit an offence and may be fined up to five hundred thousand or imprisoned for up to four years, or both.

Section 65. Prohibition of corporal punishment Section 65(1) No teacher or any staff of an education centre shall administer corporal punishment. Section 65(2) A child in an education centre shall not be subject to emotional or psychological abuse. Section 65(3) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand or to imprisonment for a term not exceeding four years, or to both.

Section 65Verify source

Part X

MISCELLANEOUS PROVISIONS

§ 68MISCELLANEOUS PROVISIONS - 68. RegulationsInterpretation

Gives the Cabinet Secretary the power to make regulations (in consultation with specified bodies) to implement this Act, requires the Cabinet Secretary to prescribe minimum standards for early childhood teacher schemes of service within one year, lists specific topics regulations may cover, and limits the scope of the regulation-making power.

Section 68. Regulations Section 68(1) The Cabinet Secretary may, in consultation with the Council of County Governors, make regulations generally for the better carrying out of the provisions of this Act. Section 68(2) The Cabinet Secretary shall, in consultation with the Teachers Service Commission and the Council of County Governors, prescribe minimum standards relating to schemes of service for early childhood teachers within one year of enactment of this Act. Section 68(3)(a) premises and facilities; Section 68(3)(a)(i) premises and facilities; Section 68(3)(a)(ii) programmes of education; Section 68(3)(a)(iii) practices in relation to children's learning and development; Section 68(3)(a)(iv) staffing and parental or caregiver participation; Section 68(3)(a)(v) health and safety; Section 68(3)(a)(vi) implementation of the curriculum framework; Section 68(3)(a)(vii) communication and consultation with parents; Section 68(3)(a)(viii) the operation or administration of early childhood education services in a manner that ensures the health, comfort, care, education, and safety of children attending licensed early childhood services; Section 68(3)(b) limit or regulate the numbers of children who may attend a registered education centre; Section 68(3)(c) provide for the grant, duration, expiry, renewal, suspension, transfer, reclassification, and cancellation of registration certificates of one or more specified kinds for service providers for each kind of early childhood service; Section 68(3)(d) prescribe the conditions subject to which such registration certificates may be granted, renewed or transferred and the fees payable in respect of the grant, renewal, and transfer of such certificates; Section 68(3)(e) prescribe conditions governing, or that may be imposed in respect of, registered education centres and the duties of their service providers; Section 68(3)(f) prescribe the records to be kept by education centres in respect of children attending registered centres; and Section 68(3)(g) prescribe fees required to be paid under this Act. Section 68(4)(a) for early childhood services of different types or descriptions; and Section 68(4)(b) in respect of different kinds of registrations. Section 68(5)(a) the authority of the Cabinet Secretary to make regulations shall be limited to bringing into effect the provisions of this Act and the fulfilment of the objectives specified under subsection (1); and Section 68(5)(b) the principles and standards set out under the Interpretation and General Provisions Act ( Cap. 2 ) and the Statutory Instruments Act (Cap. 2A) in relation to subsidiary legislation shall apply to regulations made under this Act.

Section 68Verify source

§ 69MISCELLANEOUS PROVISIONS - 69. General penaltyOffence

Section 69. General penalty Section A person who contravenes any provision of this Act for which no penalty is specifically provided commits Early Childhood Education an offence and is liable, on conviction, to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both.

Section 69Verify source

Legislative relationships

2 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

2 instruments

Basic Education Act
Sections 2, 26
Cabinet Secretary to make regulations shall be limited to bringing into effect the provisions of this Act
Section 68

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint

31 Dec 2022 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.