The Basic Education Regulations
These Regulations may be cited as the Basic Education Regulations.
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- Jurisdiction
- Kenya
- Instrument
- Notice
- Citation
- Legal Notice 39 of 2015
- Version
- Undated source snapshot
- Language
- en
Source attribution: Source: Kenya Law
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Statute overview
About this statute
These Regulations may be cited as the Basic Education Regulations. This section provides definitions for terms used in the Regulations (e.g. Board; Commission; Director; head of institution; institution; KCSE; Ministry; non-teaching staff; zone). A newly appointed Board of Management must hold its inaugural meeting. Institutions must promote co-curricular activities and ensure access to affordable sports kits; the Cabinet Secretary must draw up and circulate a calendar three months before each school year ends; students are given the opportunity to participate from institutional to national level. Institutions are prohibited from causing parents or guardians to pay for co-curricular activities unless they have written approval from the Cabinet Secretary on the advice of the respective Country Director of Education.
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Provisions of The Basic Education Regulations
Showing 85 of 85
Part I
PRELIMINARY
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PRELIMINARY - 1. Citation
AI-assisted research summary: These Regulations may be cited as the Basic Education Regulations.
Section 1. Citation Section These Regulations may be cited as the Basic Education Regulations. - 2
PRELIMINARY - 2. Interpretation
AI-assisted research summary: This section provides definitions for terms used in the Regulations (e.g. Board; Commission; Director; head of institution; institution; KCSE; Ministry; non-teaching staff; zone).
Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Board" has the meaning assigned to it under the Act; "class mode" refers to the optimum number of learners in a classroom; "Commission" means the Teachers Service Commission; "Director" means the County Director of Education; "head of institution" means a teacher, head teacher, or principal appointed by the Teachers' Service Commission to head an institution and exercising delegated authority of the Cabinet Secretary, Ministry of Education as the Accounting Officer for the institution; "institution" means an institution of basic education and training; "institution of basic education and training" includes a pre-primary school, primary or a secondary school, an adult education institution and a middle-level college; "KCSE" means the Kenya Certificate of Secondary Education; "middle level college" means an institution offering pre-service and in-service teacher training courses that support basic education; "Ministry" means the Ministry responsible for basic education; "non-teaching staff" means all employees of the Boards of Governors who are not engaged in teaching or research; "zone" means an education adminisnative area consisting of a cluster of schools identified by the County Education Board with the approval of the National Education Board.
Part II
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS
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MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 10. Board of Management Inaugural meeting
AI-assisted research summary: A newly appointed Board of Management must hold its inaugural meeting.
Section 10. Board of Management Inaugural meeting Section A newly appointed Board of Management shall hold its inaugural meeting, convened and chaired by the secretary to the County Education Board or his representative within two weeks after appointment. - 11
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 11. Promotion of co-curricular activities
AI-assisted research summary: Institutions must promote co-curricular activities and ensure access to affordable sports kits; the Cabinet Secretary must draw up and circulate a calendar three months before each school year ends; students are given the opportunity to participate from institutional to national level.
Section 11. Promotion of co-curricular activities Section 11(1)(a) all students and pupils are accorded the opportunity to participate in activities from the institutional to the national level; Section 11(1)(b) every institution has or can access adequate facilities for co-curricular activities; and Section 11(1)(c) every institution shall put in place measures to promote co-curricular activities and ensure that all learners shall have access to suitable affordable sports kits. Section 11(2) The calendar for all co-curricular activities shall be drawn up by the Cabinet Secretary in consultation with the relevant national and regional bodies and associations and shall be circulated to all institutions three months before the end of each school year. - 12
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 12. Contribution for activities
AI-assisted research summary: Institutions are prohibited from causing parents or guardians to pay for co-curricular activities unless they have written approval from the Cabinet Secretary on the advice of the respective Country Director of Education.
Section 12. Contribution for activities Section No institution shall cause any parent or guardian to contribute any funds for co-curricular activities without written approval from the Cabinet Secretary on the advice of the respective Country Director of Education, and all payments made hereunder shall be so authorized at all levels. - 13
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 13. Institutions to facilitate training
AI-assisted research summary: All private basic education and training institutions must facilitate their learners' participation in co-curricular activities at all levels.
Section 13. Institutions to facilitate training Section All private institutions of basic education and training shall facilitate the participation of their learners in co-curricular activities at all levels. - 14
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 14. Insufficient funds for activities
AI-assisted research summary: If government funds for a co-curricular activity are inadequate, the concerned institutions must notify the County Director of Education in writing three months before the activity; the County Director, with the County Education Board, must then consult the Cabinet Secretary about meeting the deficit.
Section 14. Insufficient funds for activities Section 14(1) Where funds from the government for a particular co-curricular activity are found to be inadequate the concerned institutions shall in writing notify the County Director of Education of the deficit three months prior to the commencement of the activity. Section 14(2) Upon receipt of the notice, the County Director of Education in liaison with the County Education Board shall consult the Cabinet Secretary on how to meet the deficit. - 15
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 15. Offence
AI-assisted research summary: Anyone (including heads of institutions or Board members) who sends a learner away because a parent/guardian has not paid activity fees, without written authority from the County Director of Education, commits an offence.
Section 15. Offence Section Any person, head of institution or any member of the Board of Management who sends away a learner due to non-payment of activity fees by the parent or guardian without written authority from the County Director of Education commits an offence under the Act. - 16
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 16. Composition of the committee
AI-assisted research summary: The County Director of Education shall be the Chairperson of the committee.
Section 16. Composition of the committee Section the County Director of Education, who shall be the Chairperson; - 17
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 17. Appointment of non-teaching staff
AI-assisted research summary: Every Board of Management must recruit, employ, remunerate, promote, demote or terminate the services of any of its employees.
Section 17. Appointment of non-teaching staff Section Every Board of Management shall, pursuant to section 59 (p) of the Act, recruit, employ, remunerate, promote, demote or terminate the services of any of its employees. - 18
Provision
AI-assisted research summary: Professional-cadre staff employed by a Board of Management must be employed on terms and conditions of service similar to those recommended for equivalent Civil Service posts and according to the applicable scheme of service.
Section 18. Terms and conditions of employment for non-teaching staff Section Persons belonging to a professional cadre and employed by the Board of Management shall be employed on such terms and conditions of conditions of service similar to those recommended for equivalent posts in the Civil Service and as per the applicable scheme of service. - 19
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 19. Employment of semi-professional by the Board
Section 19. Employment of semi-professional by the Board Section The Board of management may appoint suitable semi-professional and subordinate staff, on such terms and conditions as shall be determined by the Board. - 20
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 20. Board to deal with claims and grievances
AI-assisted research summary: If a Board of management employee raises a claim or grievance, the Board must deal with it exhaustively under the Employment Act (Cap. 226).
Section 20. Board to deal with claims and grievances Section Where a claim or grievance arises from an employee of the Board of management, the Board shall deal with the claim or grievance exhaustively in accordance with the Employment Act (Cap. 226). - 21
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 21. Dismissal and termination of employment
AI-assisted research summary: The Board of Management may dismiss employees without notice for gross misconduct, may terminate contracts, may request the Cabinet Secretary to terminate seconded staff, and the Cabinet Secretary must direct action where non‑teaching staff entrusted as agents fail duties, with the Cabinet Secretary's decision final.
Section 21. Dismissal and termination of employment Section 21(1) The Board of Management shall reserve the right to dismiss any of its employees instantly and without notice or pay in lieu of notice for reasons of gross misconduct as provided in the Employment Act (Cap. 226). Section 21(2)(a) dismiss from employment any person employed by the Board; Section 21(2)(b) terminate a contract between the Board of Management and its employees; Section 21(2)(c) request the Cabinet Secretary to terminate the services of a person seconded to the Board of management, Section 21(3) Subject to the provisions of paragraph (1) where a member of non-teaching staff is entrusted as an agent of the Cabinet Secretary to perform certain functions and such officer fails or neglects to perform the duties so assigned and sufficient grounds exist to discipline, terminate or dismiss the officer from the service, the Cabinet Secretary shall direct the cause of action to be taken against that officer and the Cabinet Secretary's decision shall be final. - 22
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 22. Assessment of learners with special needs
AI-assisted research summary: When necessary or appropriate, a learner must be assessed for placement and continuous support at the County Education Assessment and Research Centre.
Section 22. Assessment of learners with special needs Section Whenever it is necessary or appropriate to do so, a learner shall be assessed for placement and continuous support in an institution of basic education and training at the County Education Assessment and Research Centre set up at County level under section 46 of the Act. - 23
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 23. Qualified personnel to assess
AI-assisted research summary: Assessments under regulation 22 must be carried out by qualified personnel with parental or guardian consent at the Centres referred to in that regulation.
Section 23. Qualified personnel to assess Section Assessment under regulation 22 shall be carried out with the consent of the learner's parent or guardian at the Centres referred to in that regulation by qualified personnel, including, but not limited to medical staff, educationists, special needs experts, at the request of such parent or guardian or on the initiative of the institution. - 24
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 24. Types of institutions
AI-assisted research summary: Identifies types of institutions for basic education and training.
Section 24. Types of institutions Section regular institutions of basic education and training; - 25
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 25. Facilities to be suitable
AI-assisted research summary: The institution provides reasonable accommodation to all learners.
Section 25. Facilities to be suitable Section the institution provides reasonable accommodation to all learners; - 26
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 26. Curriculum
AI-assisted research summary: The Kenya Institute of Curriculum Development must provide differentiated curricula for learners with special needs.
Section 26. Curriculum Section The Kenya Institute of Curriculum Development shall provide differentiated curricula appropriate for the needs of learners with special needs. - 27
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 27. Auxiliary services
AI-assisted research summary: All learners with special needs are entitled to auxiliary services or assistive devices placed in their respective institutions.
Section 27. Auxiliary services Section All learners with special needs shall be entitled to auxiliary services or assistive devices placed in their respective institutions. - 28
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 28. Evaluation of learners
AI-assisted research summary: All learners with special needs shall be evaluated and issued with appropriate certificates of achievement in the prescribed course undertaken.
Section 28. Evaluation of learners Section All learners with special needs shall be evaluated and issued with appropriate certificates of achievement in the prescribed course undertaken. - 29
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 29. Borstal institutions etc.
AI-assisted research summary: Learners of school-going age who live in children's homes, borstal institutions or other corrective facilities are to be provided with basic education and training.
Section 29. Borstal institutions etc. Section Notwithstanding anything under these regulations learners of school going age residing in children's homes, borstal institutions or other corrective facilities shall be provided with basic education and training pursuant to Article 53, 54, 55 and 56 of the Constitution. - 3
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 3. Registration
AI-assisted research summary: No person, body or organization may establish or admit learners to a private or public institution unless they first obtain written authority from the Cabinet Secretary.
Section 3. Registration Section No person, body or organization shall establish or admit learners to a private or public institution without first obtaining written authority from the Cabinet Secretary. - 4
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 4. Procedure for registration
AI-assisted research summary: All institutions referred to in regulation 3 must be registered in the manner and form prescribed through guidelines issued by the Cabinet Secretary.
Section 4. Procedure for registration Section All institutions referred to in regulation 3 shall be registered in a manner and form prescribed through guidelines issued by the Cabinet Secretary. - 5
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 5. Head of Institution
AI-assisted research summary: The head of a public basic education institution is responsible for day-to-day management and is appointed by the Commission; the Cabinet Secretary must revoke the head's accounting officer designation and seek a replacement if impropriety is found; for private institutions the Cabinet Secretary must ask the proprietor to appoint a replacement; the Teachers Service Commission or proprietor must institute disciplinary action in paragraphs (3) and (4).
Section 5. Head of Institution Section 5(1) The day to day management of a public institution of basic education and training shall be the responsibility of the head of the institution, who shall be appointed by the Commission. Section 5(2)(a) shall be the accounting officer of the institution, an authority delegated by the Cabinet Secretary; Section 5(2)(b) shall be the team leader for the implementation of the Ministry's policies and programs in the institution; Section 5(2)(c) may initiate policy proposals for consideration by the County Education Board and the Cabinet Secretary. Section 5(3) Where any impropriety is established on the part of a head of an institution, the Cabinet Secretary shall forthwith revoke the designation of such head of institution as the accounting officer and request the Teachers Service Commission for a replacement. Section 5(4) Where the institution referred to paragraph (4) is a private institution, the Cabinet Secretary shall request the proprietor thereof to appoint a replacement. Section 5(5) In paragraphs (3) and (4) above the Teachers Service Commission or the proprietor, as the case may be, shall institute disciplinary action against the concerned head of institution. - 6
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 6. Qualifications for members to the Board of Management
AI-assisted research summary: Sets out qualifications for members of the Board of Management in relation to a pre-primary or primary school.
Section 6. Qualifications for members to the Board of Management Section a pre-primary or primary school; and - 7
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 7. Application for membership
AI-assisted research summary: When a board vacancy occurs the head of the institution must notify the County Education Board through the sub-county office and request that the vacancy be filled; upon that request the County Education Board must in writing ask nominating entities to send names of suitably qualified persons for appointment to the Board of Management.
Section 7. Application for membership Section 7(1) The head of an institution shall, whenever a vacancy occurs in the Board of management of the institution for which he or she is responsible, notify the County Education Board accordingly through the sub-county Education Board office and request for the filling of the vacancy. Section 7(2) Upon receipt of a request under paragraph (1), the County Education Board shall in writing request the nominating entities to forward names of suitably qualified persons to be appointed as members of the Board of Management. Section 7(3)(a) a representative of the County Director of Education who shall be the Chairperson; Section 7(3)(b) the member of County Assembly responsible for the area where the institution is located; Section 7(3)(c) the Member of Parliament for the area in which the institution is located; Section 7(3)(d) the Chief of the area in which the institution is located; Section 7(3)(e) the sponsor, if any, of the institution; Section 7(3)(f) a representative of the Parents Association, of the institution; Section 7(3)(g) a representative of County Education Board, and Section 7(3)(h) the head of institution, who shall be the committee Secretary. - 8
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 8. Ad-hoc vetting panel
AI-assisted research summary: Board nominees must meet Article 10 and Chapter Six constitutional requirements; Board composition must follow the two‑third gender rule; appointed Boards serve three years, renewable once.
Section 8. Ad-hoc vetting panel Section 8(1)(a) the persons nominated to the Board of Management of any institution meet the requirements of Article 10 and Chapter Six of the Constitution of Kenya, 2010; and Section 8(1)(b) the composition of the Board Members adheres to the two third gender rule. Section 8(2) A Board of Management appointed under these regulations shall remain in office for a term of three years, which shall be renewable for one further term. - 9
MANAGEMENT OF BASIC EDUCATION INSTITUTIONS - 9. Dissolution of the Board of Management
AI-assisted research summary: If a Board of Management is dissolved for reasons like gross misconduct, incapacity, or the institution changing its mandate or ceasing to operate, the County Education Board must appoint a five-member interim committee to manage the institution.
Section 9. Dissolution of the Board of Management Section 9(1)(a) is found guilty of gross misconduct; Section 9(1)(a)(i) is found guilty of gross misconduct; Section 9(1)(a)(ii) is deemed to be incapable of discharging its mandate as provided for in the Act; or Section 9(1)(b) the institution changes its mandate or ceases to operate. Section 9(2) Where a Board of Management is dissolved under paragraph (1), the County Education Board shall appoint an interim committee of five members to assume the responsibility of management of the institution.
Part III
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION
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SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 30. School rules to be subjected to public participation
AI-assisted research summary: Every institution of basic education must develop school rules that are subjected to public participation and must not be inconsistent with the Act or other relevant written law.
Section 30. School rules to be subjected to public participation Section Every institution of basic education shall develop school rules which shall be subjected to public participation and which shall not be inconsistent with the Act, or any other relevant written law. - 31
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 31. School rules to be approved by the Board of Management
AI-assisted research summary: No institution must implement the rules referred to in regulation 30 until those rules have been approved by the institution's Board of Management.
Section 31. School rules to be approved by the Board of Management Section No institution shall implement the rules referred to in regulation 30 until they have been approved by the Board of Management of the institution. - 32
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 32. Individual liability for indiscipline
AI-assisted research summary: Individuals can be held liable for indiscipline, including physical fights.
Section 32. Individual liability for indiscipline Section physical fights; - 33
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 33. Mass indiscipline
AI-assisted research summary: Mentions mass indiscipline and unlawful demonstration.
Section 33. Mass indiscipline Section unlawful demonstration; - 34
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 34. Notice to close institution in case of impending strike
AI-assisted research summary: If the head observes student activities likely to disrupt the institution, the head must close the institution and notify the County Director of Education within 24 hours; the notice must bear the head's signature and is only valid if signed.
Section 34. Notice to close institution in case of impending strike Section 34(1) If the head of the institution notices any of the activities described in regulation 33 among the students, which in his or her opinion may result in the disruption of general activities in the institution, he or she shall close the institution and notify the County Director of Education accordingly within twenty four hours after such closure. Section 34(2) The notice under paragraph (1) shall bear the signature of the head of the institution. Section 34(3) The notice given under paragraph (1) shall only be deemed to be valid if it is signed by the head of the institution. - 35
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 35. Closure in case of mass indiscipline
AI-assisted research summary: The Board of Management may close an institution for up to two weeks in cases of mass indiscipline, and must submit a report to the County Education Board within two days after such a closure.
Section 35. Closure in case of mass indiscipline Section 35(1) In cases of mass indiscipline, the Board of Management of an institution may declare the institution closed and students held back from attending school for a period not exceeding two weeks. Section 35(2) The Board of Management shall submit a report to the County Education Board within two days after the closure of an institution under paragraph (1). - 36
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 36. Action of the Board on receiving a report
AI-assisted research summary: When the Board receives a report it may confirm or end an institution's closure, determine conditions for students' re-admission, or order placement to a correctional facility; where property is damaged the institution's management must invite a registered loss assessor and the assessed loss shall be borne by the person found most responsible for the mass indiscipline.
Section 36. Action of the Board on receiving a report Section 36(1)(a) confirm or terminate the closure of the institution; Section 36(1)(b) determine the condition under which all or any of the students are to be re-admitted to the same or any other institution; or Section 36(1)(c) order placement to a correctional facility. Section 36(2) In cases of damage or destruction of property, the management of the institution shall invite a registered loss assessor following the relevant law to determine the value of the loss. Section 36(3) The loss assessed under paragraph (2) shall be borne by the person found to bear the highest responsibility for the mass indiscipline. - 37
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 37. Register to be kept
AI-assisted research summary: Every institution must establish and keep a register of indisciplined learners recording name, class, category of indiscipline, date and warning or other corrective measures.
Section 37. Register to be kept Section Every institution shall establish and keep a register of indisciplined learners indicating the name, class, category of indiscipline, date and warning or any other corrective measures taken by the institution. - 38
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 38. Suspension letter
AI-assisted research summary: Acts of indiscipline that have persisted despite warnings or corrective measures taken under these regulations.
Section 38. Suspension letter Section the acts of indiscipline have persisted in spite of the warnings or corrective measures taken under these regulations; and - 39
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 39. Procedure for handling disciplinary cases
AI-assisted research summary: Sets procedures for disciplinary cases: complaint read to parent/guardian and learner; adjournment and rescheduling rules if parent/guardian absent; Sub-county Education Officer must attend; Board must communicate recommendations to County Director within two days.
Section 39. Procedure for handling disciplinary cases Section 39(1) The particulars of the complaint preferred against the learner shall be read out to the parent or guardian and the learner at the meeting with the Board of Management under regulation 38, and the learner shall be asked to defend himself or herself. Section 39(2) Where the parent or guardian fails to appear, the business of the Board shall be adjourned, and the matter shall be deferred and a new date set and communicated for the parties to appear. Section 39(3) Where the parent or guardian fails to attend on the rescheduled date, the case shall be heard and determined such absence notwithstanding. Section 39(4) In all disciplinary proceedings affecting a learner the attendance of the Sub-county Education Officer shall be mandatory. Section 39(5) The recommendations of the Board of Management shall within two days be communicated to the County Director or Education. - 40
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 40. Exclusion of learner from the institution in case of indiscipline
AI-assisted research summary: Allows exclusion of a learner for indiscipline and provides for an order for conditional or unconditional re-admission.
Section 40. Exclusion of learner from the institution in case of indiscipline Section order for conditional or unconditional re-admission of the learner; - 41
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 41. Appeals to the Tribunal
AI-assisted research summary: Any person aggrieved by a decision under regulation 40 may appeal to the Education Appeals Tribunal.
Section 41. Appeals to the Tribunal Section Any Person aggrieved by a decision under regulation 40 may appeal to the Education Appeals Tribunal. - 42
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 42. No withdrawal of learner's candidature
AI-assisted research summary: Schools are prohibited from withdrawing a learner's registration as a candidate in a national examination as a form of punishment.
Section 42. No withdrawal of learner's candidature Section No school shall withdraw the registration of a learner as a candidate in a national examination as a form of punishment. - 43
SCHOOL RULES, DISCIPLINE PROCEDURES FOR STUDENTS AND EXCLUSION - 43. Transfer of learner
AI-assisted research summary: A parent or guardian may request the transfer of a learner in writing.
Section 43. Transfer of learner Section transfer on request in writing by the parent or guardian;
Part IV
FREE AND COMPULSORY EDUCATION
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FREE AND COMPULSORY EDUCATION - 44. Fees
AI-assisted research summary: Public schools or institutions are prohibited from issuing alternative fee structures unless those fee structures are approved by the Cabinet Secretary.
Section 44. Fees Section No public school or institution shall issue alternative fees structures other than those approved by the Cabinet Secretary. - 45
FREE AND COMPULSORY EDUCATION - 45. No fees increment without the authority of the Cabinet Secretary
AI-assisted research summary: People or Boards of Management in public basic education institutions must not change or raise fees unless they have written authority from the Cabinet Secretary.
Section 45. No fees increment without the authority of the Cabinet Secretary Section No person or Board of Management in a public institution of basic education and training shall alter or increase fees without written authority from the Cabinet Secretary. - 46
FREE AND COMPULSORY EDUCATION - 46. Offence
AI-assisted research summary: Members of an institution's Board of Management who contravene regulation 44 or 45 shall be guilty of an offence under the Act.
Section 46. Offence Section The members of the Board of Management of an institution which contravenes regulation 44 or 45 shall jointly and severally be guilty of an offence under the Act. - 47
FREE AND COMPULSORY EDUCATION - 47. Minimum entry
AI-assisted research summary: The minimum age for admission to primary school is six years; and learners of school-going age must not be denied admission for lack of proof of age.
Section 47. Minimum entry Section 47(1) The minimum age for admission into a primary school shall be six years. Section 47(2) Notwithstanding paragraph (1), no person shall deny any learner of school-going age admission in a primary school for lack of proof of age. - 48
FREE AND COMPULSORY EDUCATION - 48. Transit of a learner
AI-assisted research summary: Transit of a learner: entry examination except as provided for in section 34(4) of the Act;
Section 48. Transit of a learner Section entry examination except as provided for in section 34(4) of the Act; - 49
FREE AND COMPULSORY EDUCATION - 49. Qualification of teachers
AI-assisted research summary: People deployed to teach in basic education institutions must have completed a training program approved or recognized by the Cabinet Secretary and registered by the Teachers Service Commission.
Section 49. Qualification of teachers Section All persons deployed to teach in basic education institutions of learning and training shall be required to have undertaken a training program approved or recognized by the Cabinet Secretary and registered by Teachers Service Commission. - 50
FREE AND COMPULSORY EDUCATION - 50. Mandatory provision in institutions
AI-assisted research summary: Section 50 lists mandatory provisions in institutions, including a first aid kit for each class and training for the school community; adequate safe and clean water; age- and gender-appropriate sanitation; disability-friendly facilities; safe playing grounds and equipment; spacious learning rooms; appropriate furniture and utilities; and within boarding facilities a qualified nurse, a watchman, and other suitable adult supervision.
Section 50. Mandatory provision in institutions Section 50(1)(a) a first aid kit for each class and training on the use thereof for the whole school community; Section 50(1)(b) adequate safe and clean water; Section 50(1)(c) adequate, safe, clean and appropriate sanitation facilities which are age and gender appropriate; Section 50(1)(d) disability-friendly facilities and environment; Section 50(1)(e) safe and appropriate playing grounds and equipment; Section 50(1)(f) spacious and conducive learning rooms; and Section 50(1)(g) appropriate furniture and utilities. Section 50(2)(a) a qualified nurse; Section 50(2)(b) a watchman; and Section 50(2)(c) other suitable adult supervision within the boarding facilities. - 51
FREE AND COMPULSORY EDUCATION - 51. Curriculum development
AI-assisted research summary: Section 51 — Curriculum development: a national basic education curricular in line with the Kenya Institute of Curriculum Development Act (Cap. 211A).
Section 51. Curriculum development Section a national basic education curricular in line with the Kenya Institute of Curriculum Development Act (Cap. 211A); and - 52
FREE AND COMPULSORY EDUCATION - 52. Accreditation of other agencies
AI-assisted research summary: The Kenya Institute of Curriculum Development may accredit other agencies involved in curriculum development with the Cabinet Secretary's approval and in line with the Kenya Institute of Curriculum Development Act (Cap. 211A).
Section 52. Accreditation of other agencies Section The Kenya Institute of Curriculum Development may accredit any other agency involved in curriculum development with the approval of the Cabinet Secretary in line with the Kenya Institute of Curriculum Development Act(Cap. 211A). - 53
FREE AND COMPULSORY EDUCATION - 53. Policy making
AI-assisted research summary: The Cabinet Secretary must retain policy-making and oversight of curriculum preparation and approval and vetting of all educational materials for use in institutions.
Section 53. Policy making Section The Cabinet Secretary shall retain the policy-making and oversight role in the preparation and approval of curriculum and vetting of all educational materials to be used in institutions. - 54
FREE AND COMPULSORY EDUCATION - 54. Curricula to be approved by the Kenya Institute of curriculum development
AI-assisted research summary: Boards of management (public) and managers (private) must ensure curricula and instructional materials are developed or approved by the Kenya Institute of Curriculum Development.
Section 54. Curricula to be approved by the Kenya Institute of curriculum development Section 54(1) The Board of Management of a public institution or the manager of a private institution, as the case may be, shall ensure that the curriculum and the instructional materials in use therein have been developed or approved by the Kenya Institute of Curriculum Development. Section 54(2) Any person who contravenes the provisions of paragraph (l) commits an offence and shall be liable to prosecution under the provisions of the Kenya Institute of Curriculum Development Act (Cap. 211A), and any other written law. - 55
FREE AND COMPULSORY EDUCATION - 55. Supplementary textbooks
AI-assisted research summary: An institution may, notwithstanding regulation 54 and after consulting its Parents Teachers Association or Parents Association, recommend supplementary instructional materials for use by learners.
Section 55. Supplementary textbooks Section Notwithstanding regulation 54 an institution may in consultation with its Parents Teachers Association or Parents Association, recommend supplementary instructional materials for use by the learners. - 56
FREE AND COMPULSORY EDUCATION - 56. Conduct of school-based assessment
AI-assisted research summary: Section on conduct of school-based assessment.
Section 56. Conduct of school-based assessment Section character; and - 57
FREE AND COMPULSORY EDUCATION - 57. Guidelines on course books
AI-assisted research summary: The Cabinet Secretary must issue guidelines on course books; all schools must keep a secure room for instructional materials; possession of stamped instructional materials without authority is an offence.
Section 57. Guidelines on course books Section 57(1) The Cabinet Secretary shall issue guidelines on course books to be used in public primary and secondary schools from time to time. Section 57(2) All schools shall establish and maintain a safe and secure room for storage of instructional materials. Section 57(3) Any person found in possession of instructional materials bearing the official stamp of any institution without due authority from the management of the institution commits an offence. - 58
FREE AND COMPULSORY EDUCATION - 58. Admission of a learner
AI-assisted research summary: Learners who have completed a full course of primary education are entitled to admission to secondary school regardless of primary evaluation scores; schools and basic education institutions must not transfer a learner without written approval of the County Director of Education.
Section 58. Admission of a learner Section 58(1)(a) on the recommendation of a qualified medical practitioner; or Section 58(1)(b) due to non-attendance of the relevant programme for one academic year. Section 58(2) All learners who have undertaken a full course of primary education shall be eligible for admission to a secondary school regardless of their scores in the summative evaluation of the primary education. Section 58(3) No school or any institution of basic education shall compel a parent or guardian to transfer a learner to a different institution without written approval of the County Director of Education. - 59
FREE AND COMPULSORY EDUCATION - 59. Progression of learner
AI-assisted research summary: A learner progressing from primary to a public secondary school of their choice must not be subjected to interviews, pre-qualification exams, or required to make any payments before admission.
Section 59. Progression of learner Section A learner progressing from a primary school to a public secondary school of his or her choice shall not be subjected to any interviews, pre-qualification examinations or be required to make any payments before admission. - 60
FREE AND COMPULSORY EDUCATION - 60. Learners living in difficult circumstances
AI-assisted research summary: The County Director of Education, in consultation with the County Education Board, must institute affirmative action so that learners from minority or marginalized groups, learners with special needs, and learners living in especially difficult circumstances can be admitted to secondary schools.
Section 60. Learners living in difficult circumstances Section The County Director of Education in consultation with the County Education Board shall institute affirmative action to enable learners from minority or marginalized groups, or groups with special needs or those living in especially difficult circumstances to be admitted to secondary schools. - 61
FREE AND COMPULSORY EDUCATION - 61. Bio-data of learners
AI-assisted research summary: Requires recording learners' bio-data: the name and date of birth.
Section 61. Bio-data of learners Section the name and date of birth; - 62
FREE AND COMPULSORY EDUCATION - 62. Information on parents
AI-assisted research summary: Section 62 lists required information about parents: full name, nationality and place of residence.
Section 62. Information on parents Section full name, nationality and place of residence; - 63
FREE AND COMPULSORY EDUCATION - 63. Registers and records
AI-assisted research summary: Section title refers to registers and records and mentions the registration certificate of the institution.
Section 63. Registers and records Section the registration certificate of the institution; - 64
FREE AND COMPULSORY EDUCATION - 64. Facilities in institutions
AI-assisted research summary: Institutions: outdoor and indoor playing facilities and equipment must include provisions for persons with disabilities.
Section 64. Facilities in institutions Section outdoor playing facilities and equipment, both for outdoors and indoors with provisions for persons with disabilities; - 65
FREE AND COMPULSORY EDUCATION - 65. Guidance programs
AI-assisted research summary: Section 65(2) requires any person offering professional counselling services to institutions to be duly qualified, registered as a counselor under the appropriate law, and approved by the Cabinet Secretary. Section 65(1)(a)-(c) lists guidance, counselling and spiritual development services.
Section 65. Guidance programs Section 65(1)(a) guidance services to all learners, distinct from counseling services; Section 65(1)(b) counselling services as an essential corrective measure; and Section 65(1)(c) spiritual development services focusing on moral values and character formation of the learners. Section 65(2) Any person offering professional counselling services to institutions shall be duly qualified and registered as a counselor under the appropriate law, and approved by the Cabinet Secretary. - 66
FREE AND COMPULSORY EDUCATION - 66. Report on shortfall of teaching staff
AI-assisted research summary: The Board of Management must report to the Teachers Service Commission and the County Education Board about staffing-level matters.
Section 66. Report on shortfall of teaching staff Section It shall be the responsibility of the Board of Management to make a report to the Teachers Service Commission and the County Education Board on matters related to staffing levels. - 67
FREE AND COMPULSORY EDUCATION - 67. Uniform
AI-assisted research summary: Boards or managers must develop a common learner dress code in consultation with Parents Associations (and sponsors for sponsored schools); institutions must not prescribe a specific supplier of uniforms or other materials for parents or guardians.
Section 67. Uniform Section 67(1) Every Board of Management of a public institution or manager of a private institution shall, in consultation with the respective Parents Association, develop a common dress code for learner, which shall have unique features for identification and branding. Section 67(2) In the case of a sponsored school the concerned Board of Management shall develop the dress code in consultation with the Parents' Association and the sponsor. Section 67(3) No institution shall prescribe a specific supplier of school uniforms or any other materials for the parent or guardian.
Part V
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION
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ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 68. Institutions of alternative basic and continuing adult education
AI-assisted research summary: Institutions of Alternative Basic Education, Training and Continuing Adult Education may use facilities of existing public or private institutions or premises on request.
Section 68. Institutions of alternative basic and continuing adult education Section Institutions of Alternative Basic Education, Training and Continuing Adult Education may utilize facilities of the existing institutions of basic education or other public and private institutions or premises on request. - 69
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 69. Grants
AI-assisted research summary: Learners under 18 enrolled in institutions covered by this Part are entitled to capitation grants under the free and compulsory education programme.
Section 69. Grants Section Learners under the age of eighteen in institutions to which this Part applies shall be eligible for capitation grants under the free and compulsory education programme. - 70
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 70. Curriculum Institutions of alternative basic and continuing adult education
AI-assisted research summary: All institutions of Alternative Basic, Adult and Continuing Education must offer only curricula approved by the Kenya Institute of Curriculum Development.
Section 70. Curriculum Institutions of alternative basic and continuing adult education Section Only curricula approved by the Kenya Institute of Curriculum Development shall be offered by all institutions of Alternative Basic, Adult and Continuing Education. - 71
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 71. Learners above the age of eighteen years
AI-assisted research summary: Learners above the age of eighteen years shall only be admitted into institutions of alternative basic, adult and continuing education.
Section 71. Learners above the age of eighteen years Section Learners above the age of eighteen years shall only be admitted into the institutions of alternative basic, adult and continuing education. - 72
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 72. Placement at an appropriate level of education
AI-assisted research summary: When admitting learners to alternative basic, adult and continuing education institutions, the institution must use the learner's prior ability, knowledge and competencies to determine placement.
Section 72. Placement at an appropriate level of education Section While admitting learners to institutions of alternative basic, adult and continuing education, the institution shall use the learner's prior ability, knowledge and competencies in determining placement at an appropriate level of education. - 73
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 73. Conduct of program
AI-assisted research summary: Institutions of alternative basic, adult and continuing education must conduct their programs using accelerated and self-directed learning to cover the prescribed curriculum.
Section 73. Conduct of program Section Institutions of alternative basic, adult and continuing education shall conduct their programs through accelerated and self-directed learning to cover the prescribed curriculum. - 74
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 74. Levies to be charged
AI-assisted research summary: Public institutions of alternative basic, adult and continuing education may charge levies if approved by the Cabinet Secretary in consultation with the County Education Board.
Section 74. Levies to be charged Section Public institutions of alternative basic, adult and continuing education may charge such levies as may be approved by the Cabinet Secretary in consultation with the County Education Board. - 75
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 75. Infrastructure grant
AI-assisted research summary: The national government, through the relevant Ministries, must provide infrastructure-improvement grants to institutions of alternative basic adult and continuing education.
Section 75. Infrastructure grant Section Institutions of alternative basic adult and continuing education shall be provided with grants for infrastructure improvement by the national government through the relevant Ministries. - 76
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 76. Middle level institution
AI-assisted research summary: A middle level institution of basic education must include an institution offering pre-service and in-service teacher training courses that support basic education.
Section 76. Middle level institution Section A middle level institution of basic education shall include an institution offering pre-service and in-service teacher training courses that support basic education. - 77
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 77. Registered middle level institution
AI-assisted research summary: No public middle level institution of basic education and training shall be transferred or converted to another use except with the approval of the Cabinet Secretary.
Section 77. Registered middle level institution Section No institution registered as a public middle level institution of basic education and training shall be transferred or converted to any other use other than that for which it was registered or established, except with the approval of the Cabinet Secretary. - 78
ALTERNATIVE PROVISIONS OF BASIC EDUCATION, TRAINING AND CONTINUING ADULT EDUCATION - 78. Curriculum in middle level institution
AI-assisted research summary: Private middle level institutions may only offer courses or programs whose curriculum is developed or approved by the Kenya Institute of Curriculum Development or agencies recognized by the Cabinet Secretary; certification of those courses or programs is the responsibility of the Kenya National Examinations Council or any other body recognized by the Cabinet Secretary.
Section 78. Curriculum in middle level institution Section 78(1) All private middle level institutions of basic education and training shall only offer courses or programs whose curriculum is developed or approved by the Kenya Institute of Curriculum Development or by any agencies recognized by the Cabinet Secretary. Section 78(2) Certification of the courses referred to under paragraph (1) or programs shall be the responsibility of Kenya National Examinations Council or any other body recognized by the Cabinet Secretary.
Part VII
CATEGORIZATION OF INSTITUTIONS OF BASIC EDUCATION AND TRAINING
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CATEGORIZATION OF INSTITUTIONS OF BASIC EDUCATION AND TRAINING - 79. Classification of institutions
AI-assisted research summary: Classification of institutions Section the gender of learners admitted;
Section 79. Classification of institutions Section the gender of learners admitted; - 80
CATEGORIZATION OF INSTITUTIONS OF BASIC EDUCATION AND TRAINING - 80. Re-registration
AI-assisted research summary: No person or Board of Management must not change the status of a registered institution unless re-registered.
Section 80. Re-registration Section No person or Board of Management shall change the status of a registered institution without re-registration. - 81
CATEGORIZATION OF INSTITUTIONS OF BASIC EDUCATION AND TRAINING - 81. Environment committee of the board of management
AI-assisted research summary: The Board of Management is responsible for safety, security and hygiene in institutions of basic education and training.
Section 81. Environment committee of the board of management Section Matters of safety, security and hygiene in institutions of basic education and training shall be the responsibility of the Board of Management provided for under the Act. - 82
CATEGORIZATION OF INSTITUTIONS OF BASIC EDUCATION AND TRAINING - 82. Security measures
AI-assisted research summary: The Board of Management of an institution must put in place reasonable measures for learners' hygiene, security and safety while at or travelling for the institution.
Section 82. Security measures Section The Board of Management of an institution shall put in place reasonable measures regarding the hygiene, security and safety of learners while in and outside the institution while travelling on the institution's business. - 83
CATEGORIZATION OF INSTITUTIONS OF BASIC EDUCATION AND TRAINING - 83. Board of Management to ensure adequate security
AI-assisted research summary: The Board of Management must ensure adequate security.
Section 83. Board of Management to ensure adequate security Section all institution compound is clearly demarcated and fenced with a secure gate;
Part VIII
OFFICIAL SCHOOL HOURS
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OFFICIAL SCHOOL HOURS - 84. Official school hours
AI-assisted research summary: Day institutions of basic education and training must not require learners to report earlier than 7.15 a.m.; boarding institutions must not send away an unaccompanied learner later than 9.00 a.m.
Section 84. Official school hours Section 84(1)(a) 8.00 a.m. to 3.30 p.m. for class hours; and Section 84(1)(b) 3.30 p.m. to 4.45 p.m. for co-curriculum activities. Section 84(2) No day institution of basic education and training shall require learners to report earlier than 7.15 a.m. Section 84(3)(a) 8.00 a.m. to 3.30 p.m. for class hours Monday to Friday; Section 84(3)(b) 3.30 p.m. to 4.45 p.m. for co-curriculum activities Monday to Friday; Section 84(3)(c) 5.00 p.m. to 7.30 p.m. for self-directed activities Monday to Friday; Section 84(3)(d) 7.30 p.m. to 9.30 p.m. preps Monday to Friday; Section 84(3)(e) 9.30 p.m. to 6.00 a.m. bedtime Monday to Friday; and Section 84(3)(f) 6.00 a.m. to 8.00 a.m. supervised routine activities. Section 84(4) No boarding institution shall send away an unaccompanied learner later than 9.00 a.m. Section 84(5) The latest reporting time for learners to a boarding institution shall be 5.00 p.m. - 85
OFFICIAL SCHOOL HOURS - 85. Revocation
AI-assisted research summary: Revokes The Education (Education Standards) Regulations, 1968 (LN 106/1968).
Section 85. Revocation Section The Education (Education Standards) Regulations, 1968 ( LN 106/1968 );
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The Basic Education Regulations
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