Education Act

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Document Information:

Year: 2011
Country: Kenya
Language: English
Document Type: Domestic Law or Regulation
Topic:

Kenya_educact.pdfLAWS OF KENYA
Published by the National Council for Law Reporting
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3 [Issue 1] 1. Short title. 2. Interpretation. 3. Minister to promote education. 4. Advisory councils. 4A. Minister may establish institutes. 5. Minister may entrust functions to local authority. 6. Management of schools. 7. Choice for primary schools now maintained by local authorities. 8 Transferred school formerly managed by church to have sponsor. 9. School committee. 10. Board of Governors. 11. Constitution and functions of Board of Governors. 12. Default by Board of Governors. 13. Register of unaided schools. 14. Application for registration. 15. Registration. 16. Closure of unaided school. 17. Regulations as to registration. 18. Inspection of schools. 19. Regulations as to conduct of schools. 20. Examinations and issue of certificates and diplomas. 21. No unauthorized issue of certificates or diplomas. 22. Regulations as to examinations, certificates and diplomas.
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23. Establishment of Kenya Institute of Education. 24. Area to be served by public school. 25. Medical examination. 26. Religious instruction in public schools. 27. Minister may give directions. 28. Establishment of Boards. 29. Memberships of Boards. 30. Procedure of Boards. 31. Functions of Boards. 32. Financial provisions. 33. Regulations. 34. Use of public funds. 35. Regulations as to use of public funds. 36. Offences. 37. General power to make regulations. 38. Repeal of Cap. 211. FIRST SCHEDULE – PROVISIONS AS TO ADVISORY COUNCILS SECOND SCHEDULE – PERSONS WHO NEED NOT OBTAIN THE
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5 [Issue 1] Date of assent: 6th February, 1968.] [Date of commencement: 4th April, 1968.] An Act of Parliament to provide for the regulation and progressive development of education on 41/1970, Act No. 17 of 1971, Act No. 7 of 2007.] PART I – PRELIMINARY 1. Short title This Act may be cited as the Education Act. 2. Interpretation In this Act, except where the context otherwise requires— “advisory council” means an advisory council established under receives financial assistance from the Ministry or assistance from the Teachers Service Commission established by the Teachers Service “board of governors” means a board of governors established under means all the subjects taught and all the activities provided “Institute” means the Kenya Institute of Education established by “institution of higher education” means a university or a constituent “local authority” means a county council or a municipal council means a school in respect of which the Ministry or a means any person or body of persons responsible for the “public funds” means the public funds of the Government or the public “public school” means a school maintained or assisted out of public
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“qualified teacher” has the meaning for the time being assigned to it in ations for Registration) (Cap. 212) means the register of unaided schools established under Part means an institution in which not less than ten pupils receive regular instruction, or an assembly of not less than ten pupils for the purpose of receiving regular instruction, or an institution which provides regular instruction by (a) any institution or assembly for which a Minister other than the (b) any institution or assembly in which the instruction is, in the opinion (c) any institution for the purpose of training persons for admission to means a school committee established under means a concise statement of the contents of a course of “the Teachers Service Commission” means the Teachers Service Commission established by section 3 of the Teachers Service Commission “unaided school” means a school which is not receiving grants out of (1) The Minister shall promote the education of the people of Kenya and the progressive development of institutions devoted to the promotion of education, and shall secure the effective co-operation, under his general direction or control, of all public bodies concerned with education in carrying out the national policy (2) For the purposes of carrying out his duties under subsection (1), the Minister may from time to time formulate a development plan for education (1) The Minister may, by order, establish an advisory council to advise him on any matter concerning education in Kenya or in some part of Kenya, and may establish different councils for different areas or for different aspects of
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7 [Issue 1] (2) An advisory council shall consist of not less than ten and not more than twenty persons, each appointed by the Minister, and the Minister shall appoint (1) The Minister may, by order in the , establish one or more educational institutes with responsibility for the co-ordination of such activities as (a) that the institute to which it relates shall have corporate personality; (b) the duties, powers and functions of the institute; (c) the manner in which the institute shall be governed; (d) the constitution, duties, powers and functions of an academic board (e) such other matters with respect to the conduct and management of the institute, as the Minister may find it necessary or desirable to the institute, as the Minister may find it necessary or desirable to 5. Minister may entrust functions to local authority (1) Subject to this Act and to any regulations made thereunder, the Minister may, by order, entrust any of his functions with respect to education to a local (2) The Minister may, by order, revoke, suspend, vary or amend an (3) Where an entrustment of a function to a local authority is revoked or suspended under subsection (2) of this section, the Minister may recover from the local authority the whole or any part of the expenditure incurred in the Provided that, where the estimates of expenditure to be incurred by the local authority in the performance of the function are subject to the approval of the Minister for the time being responsible for Local Government under Part XV of the Local Government Act (Cap. 265), such recovery shall be subject to the (4) Where functions have been entrusted to a municipal council under this section, the municipal council shall appoint an education committee in accordance with section 91 of the Local Government Act (Cap. 265), and shall consider a report from the education committee before exercising any of the Provided that, notwithstanding that regulation, an education committee shall consist of ten councillors and five other members appointed by the Minister, and those five other members shall include not more than three persons to represent any sponsor or sponsors appointed by the municipal council under
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(5) The principal education officer of a of an education committee appointed under subsection (4), and shall advise the local authority on all matters concerning education in the area of the local [L.N. 41/1970, Sch.] 6. Management of schools (a) every primary school maintained by a local authority shall be (b) every maintained or assisted school other than a primary school maintained by a local authority shall be managed by a Board of (1) The manager of every primary school maintained but not managed by a local authority before the commencement of this Act shall within six months of (a) to transfer the management of the school to that local authority, intain the school (hereinafter (b) to continue to maintain the school as an unaided school. (3) Where the management of a school is transferred to a local authority under this section, the service of any teacher in the establishment of the school immediately before and immediately after the transfer shall be deemed to be continuous service for the purpose of regulation 16(1) of the Pensions 8. Transferred school formerly managed by church to have sponsor (1) Where a transferred school was managed by a church, or an organization of churches, and it is the wish of the community served by the school that the religious traditions of the school should be respected, the former manager shall (2) If the former manager, or any ten citizens belonging to the community served by the school, are aggrieved by the decision of a local authority to appoint, or to refuse to appoint, or to revoke the appointment or to refuse to revoke the appointment of, the former manager as sponsor to the school, they may appeal in writing to the Minister, who shall make such inquiries as appear to
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9 [Issue 1] (3) Where the former manager of a transferred school has been appointed by (a) the Teachers Service Commission, or any agent of the Teachers Service Commission responsible for the assignment of teachers to schools on behalf of the Teachers Service Commission, shall assign teachers to the school after consultation with and, so far as may be compatible with the maintenance of proper educational standards at the school and the economical use of public funds, with the (b) the sponsor shall have the right to use the school buildings free of charge, when the buildings are not in use for school purposes, after giving reasonable notice of his intention to do so to the headmaster Provided that any additional expenses and the cost of making good any damage incurred during or in consequence of the sponsor using (c) religious instruction shall be given at the school in conformity with a syllabus prepared or approved under regulations made under section 19 of this Act after consultation with the sponsor. (4) In determining what are the wishes of the community served by a school, the local authority or the Minister shall give due weight to the wishes of the (1) For every primary school maintained and managed by a local authority there shall be a school committee, established by the local authority, to advise (2) The members of a school committee shall be appointed by the local authority in the prescribed number and manner, and the members of the committee shall include persons to represent the local authority, the community served by the school and, where a sponsor to the school has been appointed (1) The Minister may, by order, establish a Board of Governors for any maintained or assisted school, other than a primary school managed and maintained by a local authority, or, if the manager of any unaided school applies (a) establish one board of governors for two or more schools; or (b) establish boards of governors for two or more schools by means of (2) The Minister may, by order, declare a Board of Governors to be a body corporate under the name of the Board of Governors of the school or schools, and such board of Governors shall have perpetual succession and a common seal with power to hold both movable and immovable property, and may in its
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(3) Where a Board of Governors is established, the Minister shall exercise all the functions of the board during the interval of time that may elapse between the (a) the exercise by the Board of the duty of management of the school or schools, subject to this Act, the Teachers Service Commission Act (Cap. 212) and any regulations made under this Act and to any (b) the membership of the Board, which shall be not less than five (c) including among the members of the board representatives of the communities served by the school, of persons representing any voluntary body which was the founder of the school or its successor, and of any other persons or representatives of bodies or (d) the appointment and resignation of members and the continuity of (e) a person or persons representing the Minister to attend at meetings (f) in the case of a Board of Governors which is not a body corporate, vesting the movable and immovable property of the Board in (g) the application of all the income of the school to promoting the (h) any other matters which the Minister considers it necessary or desirable to provide for with respect to the status, functions, 12. Default by Board of Governors (1) Where in the opinion of the Minister a Board of Governors has behaved irresponsibly or has failed to exercise properly its functions under this Act, he (a) suspend the Board from the exercise of and performance of all its powers and duties, and appoint an administrator to exercise and perform all the powers and duties of the board for such period not (b) require the resignation of all or any of the members of the board, and appoint or require the appointment of new members of the (2) The Minister shall make regulations providing for the manner in which an administrator appointed under subsection (1) shall exercise all the powers and
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11 [Issue 1] The Minister shall cause a register of unaided schools to be established and maintained, and the register shall be open to public inspection at all reasonable (1) Any person who wishes to establish an unaided school shall first make (2) An application for registration shall state the classification of the proposed school according to the prescribed nomenclature and the classes or forms to be (a) providing any additional class or form not included in any previous (b) providing any type of education not falling within the classification in (c) changing ownership or management of the school; or (d) transferring the school to a new site; or (e) reopening a school that has been closed under section 16. (1) Where application is made for the registration of an unaided school, the Minister shall cause the school to be provisionally registered for a period of (a) the establishment of the school is consistent with the needs of Kenya and the economical and efficient provision of public (b) the premises and accommodation are suitable and adequate, having regard to the number, ages and sex of the pupils who are to attend the school, and fulfil the health and safety and conform with any building regulations for the (c) the manager is a suitable and proper person to be the manager of of the school consists only of one or more of the acts specified in paragraphs (a), (b), (c), (d) and (e) of section 14(3), the Minister may, in his discretion, register the school at the outset (2) If, at the end of one year from the provisional registration of a school the Minister is satisfied that efficient and suitable instruction is being provided at the (3) The Minister may, as a condition of provisional registration or registration, require the manager of an unaided school to apply to him for an order establishing a Board of Governors for the school, and such a requirement may
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(4) Where the Minister refuses to provisionally register or to register an unaided school, he shall inform the person making the application in writing of (1) Where the Minister is satisfied that an unaided school which has been (a) fails to comply with paragraphs (a), (b) and (c) of section 15(1); or (b) is a place in which efficient and suitable education or instruction is (c) is being conducted or managed in a manner which is, in the opinion of the Minister, prejudicial to the physical, mental or moral welfare of the pupils of the school, or to peace, good order or good (d) is a place in which a person is teaching who is not registered in the register of teachers kept under section 7 of the Teachers Service Commission Act (Cap. 212) (now repealed) and is not exempted (e) fails to conform with regulations made under section 19; or (f) has not complied with a condition imposed under section 15(3), the Minister may serve on the manager of the school a notice in writing specifying the respects in which the school is objectionable and requiring him to Provided that if, in the opinion of the Minister, there are urgent reasons for the immediate closure of the school the Minister may order the manager of the (2) If the manager of an unaided school fails to remedy the matters specified in a notice served on him under subsection (1) of this section within the period (3) An unaided school which has been ordered to be closed under this section, and any unaided school which has remained closed for a period of six The Minister may make regulations with respect to registration of unaided (a) prescribe the particulars to be entered in the register; (b) prescribe the manner in which application for registration shall be made and the particulars, proof or evidence to be supplied by the (c) prescribe with respect to any application for registration the procedure to be followed, the forms to be used and the fees to be
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13 [Issue 1] (d) prescribe the conditions which may be attached to provisional (e) provide for the issue, variation and revocation of certificates of (f) require the submission from time to time, or at any time, of any particulars, information, documents or returns by the manager of a (g) provide for any other matter that the Minister may consider (1) The Minister shall appoint officers with authority to enter and inspect any school, or any place at which it is reasonably suspected that a school is being conducted, at any time, with or without notice, and to report to him with respect to time, with or without notice, and inspect or audit the accounts of the school or advise the manager of the school on the maintenance of accounting records, and may temporarily remove any books or records for the purpose of inspection or (3) On being so requested by an officer appointed under this section, the principal of the school shall place at the disposal of threcords, accounts, notebooks, examination scripts and other materials belonging to the school that the officer may reasonably require for the purpose of the (4) An officer inspecting a school under subsection (1) shall have special regard to the maintenance of educational standards and to compliance with any (a) any part of the school and any buildings used in connexion with the hostels, ancillary buildings and any other buildings on the site of the (b) except in subsection (2), an institution or assembly for which a The Minister may make regulations with respect to the conduct and (a) prescribe standards with regard to the numbers and qualifications of staff, the size of classes and the expenditure on educational
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(b) provide for the preparation or approval of curricula, syllabuses, (c) prescribe minimum standards for the health and safety of pupils and (d) provide for the keeping of registers and records and the submission (e) provide for the admission, suspension, punishment and dismissal of (f) prescribe the minimum number of days in a year on which instruction (g) prescribe how schools shall be classified and the name to be (h) make different provision with respect to different classes or kinds of (i) provide for or prescribe such other matters as the Minister considers PART VI – EXAMINATIONS AND DIPLOMAS (1) The Minister may provide for the conduct of public exissue certificates or diplomas to pupils who have been successful in a public (2) The Minister may issue certificates and diplomas to pupils who have (a) the persons and institutions (b) a person who has received the consent of the Minister, given by shall issue a certificate or diploma to any person indicating or purporting to indicate, that a person has successfully completed a course of education or training, or has attained a particular educational standard, or possesses any skill, (a) prescribing the manner in which certificates or diplomas may be (b) prescribing the manner in which public examinations shall be (c) concerning the submission of applications for the Minister’s consent to the issue of certificates and diplomas, and the revocation of such
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15 [Issue 1] 23. Establishment of Kenya Institute of Education (1) There is hereby established the Kenya Institute of Education with responsibility for the co-ordination of institutions devoted to the training of teachers, the conduct of examinations to enable persons to become qualified teachers, the conduct and promotion of educational research, the preparation of educational materials and other matters connected with the training of teachers (a) the duties, powers and functions of the Institute; (b) the manner in which the Instby a Council including persons representing the Minister, the (c) the constitution, duties, powers and functions of an Academic Board responsible to the Council for the academic management of the (d) that the movable and immovable property of the Institute may be vested in the Public Trustee and the manner in which they shall be (e) any other matters with respect to the conduct and management of the Institute which the Minister considers it necessary or desirable to The Minister may, at the request of any local authority or otherwise, by notice The Minister, or the manager of a school, may require any person attending the school, or applying for admission to the school, to undergo medical (1) If the parent of a pupil at a public school requests that the pupil be wholly or partly excused from attending religious worship, or religious worship and religious instruction, in the school, the pupil shall be excused such attendance (2) Where the parent of a pupil at a public school wishes the pupil to attend religious worship or religious instruction of a kind which is not provided in the school, the school shall provide such facilities as may be practicable for the pupil to receive religious instruction and attend religious worship of the kind desired by
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(1) Where the Minister is satisfied, upon complaint made by any person or otherwise, that a local authority, or the Board of Governors or manager of any school, or a sponsor, or the Institute, or the Teachers Service Commission, has acted or is proposing to act unreasonably or in contravention of the policy of the Government with respect to education as approved from time to time in Parliament, in the exercise of any functions entrusted to it by or under this Act, or the Teachers Service Commission Act (Cap. 212), he may give such directions (2) Where the Minister is satisfied that a local authority, or the Board of Governors or manager of any school, or the Institute, or the Teachers Service Commission established as aforesaid, has failed to discharge any duty imposed upon it by, or for the purposes of, this Act, or the Teachers Service Commission Act (Cap. 212), he may give such directions as may be necessary for securing Provided that, where the estimates of expenditure to be incurred by any local authority in the performance of any function entrusted to it under section 5 are subject to the approval of the Minister for the time being responsible for Local Government under Part XV of the Local Government Act (Cap. 265), any direction given under this subsection to a local authority shall be subject to the 28. Establishment of Boards (1) The Minister may, by notice in the , establish a District Education Board (in this Part referred to as a Board) for any district or for such other area or (2) A notice under this section shall specify the classification or types of schools, or groups of schools, in respect of which the Board concerned shall pect of which the Board concerned shall 29. Memberships of Boards (1) Each Board shall consist of not less than ten nor more than fifteen (a) one shall be the Provincial Education Officer of the Province or his (b) one shall be the clerk to the council of the local authority for the area of jurisdiction of the Board or, where there is more than one such local authority, the clerk to the council of such one of them as the (c) three shall be nominated by the local authority for the area of jurisdiction of the Board or, where there is more than one such local authority, by such of them, in such proportions, as the Minister may
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17 [Issue 1] (d) three shall be nominated by the managers or sponsors of the schools or groups of schools in respect of which the Board has (e) one shall be nominated by any registered, trade union recognized (f) not more than six shall be appointed by the Minister to represent (2) The Minister shall appoint one member of a Board to be chairman, and the District Education Officer to be the secretary and executive officer, of the (3) A member of a Board-shall hold office for a period of three years from the (a) he dies; (b) he resigns his office by writing under his hand addressed to the (c) the Minister revokes his appointment, but at the expiration of his period of office a member shall be eligible for 4) Where the office of a member of a Board becomes vacant by reason other than the expiry of the period of such office, the Minister may, in accordance with subsection (1), appoint a person in place of such member who shall hold place of such member who shall hold 30. Procedure of Boards (1) A Board shall meet at least three times in every year, and the chairman:’ may, and shall at the written request: of not less than six members of the Board, at any time summon a special meeting of the Board, and in the case of such (2) The Permanent Secretary of the Ministry of Education, or his representative, and the Provincial Commissioner, or his representative, any member of the National Assembly duly elected to represent the constituents of an area within the jurisdiction of the Board, and any person invited by the chairman, may be present at any meeting of a Board and take part in the (3) Subject to this section and save as otherwise may be prescribed, a Board Subject to this section and save as otherwise may be prescribed, a Board 31. Functions of Boards The functions of a Board, in respect of the area and the schools under its (a) to prepare and to submit to the Minister for approval estimates of
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(b) to receive grants or grants-in-aid from public or local authority funds; (c) to administer such grants or grants-in-aid in respect of such schools (d) to submit to the Minister for approval plans for the development or promotion of education in the area and to carry out such plans if (e) to tender advice to the Minister on the establishment of new (f) to submit such statistical, financial and other reports as the Minister (g) to superintend the management of public schools; (h) to fulfil such other functions as the Minister may prescribe. to fulfil such other functions as the Minister may prescribe. 32. Financial provisions (1) Every Board shall cause to be kept all proper books of account, and other records relating thereto, in respect of all its funds, property and transactions, and (2) The Minister shall appoint the Controller and Auditor-General or some other auditor to inspect, examine and report to the Board on the annual accounts Provided that the Controller and Auditor-General shall not be so appointed (3) A Board shall cause to be produced and laid before the auditor all books and accounts of the Board and all other documents and information required by (a) within three weeks of such receipt, transmit a copy of the report and (b) submit such report and accounts to the Board at its next meeting, which shall be held not later than three months after such receipt, and the secretary shall, within three weeks of such meeting, forward to the Minister a copy of the resolution of the Board accepting and (5) The expenses of and incidental to an audit shall be paid by the Board, and where the accounts require to be completed by the auditor the audit fee may leted by the auditor the audit fee may 33. Regulations The Minister may make regulations— (a) prescribing the powers and duties of Boards regarding the manner (b) prescribing the manner and form in which records and statistics shall be kept by Boards and the manner in which returns shall be
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19 [Issue 1] (c) regulating the procedure of Boards; (d) prescribing the manner and form in which development plans shall (e) prescribing anything required to be prescribed for the purposes of prescribing anything required to be prescribed for the purposes of PART IX – FINANCIAL 34. Use of public funds (a) establish, maintain, assist, make grants-in-aid of or make advances (i) schools; (ii) establishments or provision for the boarding or feeding of (iii) organizations or establishments responsible for educational development or research, or the promotion or co-ordination of (iv) organizations responsible for the conduct of public (b) make grants-in-aid to any institution of higher education; (c) provide for the conduct of such public examinations as are held (d) make grants-in-aid to local authorities for the purpose of any (e) provide in whole or in part for the transport of pupils to or from any (f) provide for the medical inspection of pupils; (g) provide scholarships or bursaries to assist in the education, maintenance and transport of pupils who are undergoing, or proceeding to or returning from courses of instruction at an (h) provide for the reimbursement of the expenses of any body (i) provide for, or make grants-in-aid of, educational conferences, exhibitions, displays, dramatic or film presentations, sports or other (j) make such other provision for the carrying on of education as may
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(a) the conditions upon which grants which may lawfully be made out of public funds for the maintenance or assistance of schools, (b) the fees to be charged or remitted at any school which receives a grant out of public funds, and the liability of parents for the payment (c) the manner in which scholarships or bursaries may be granted, (d) the manner in which and the conditions under which grants are (e) any other matter with respect to public funds relating to the submission of estimates, the maintenance and submission of accounting records, the use to which grants may be applied and the (a) establishes, manages, maintains or conducts an unaided school which has not been provisionally registered or registered, or whose provisional registration has expired, or which has been removed (b) issues a certificate or diploma c (c) hinders or obstructs any officer of the Ministry acting in the course of his duty as such, or any person exercising any powers, or shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such t exceeding six months, or to both such 37. General power to make regulations Without prejudice to the other provisions in this Act for the making of regulations for particular purposes, the Minister may make regulations generally (a) the Education (Hospital Hill School Governors) Order (Cap. 211, (b) the Education (Boards of Governors) Order 1964 (Cap. 211, L.N 353/1964, L.N. 43/1965, L.N. 114/1965, L.N. 204/1965, L.N. 2/1966, L.N. 3/1966, L.N. 111/1966, L.N. 277/1966, L.N. 350/1966, L.N.
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21 [Issue 1] (c) the Kenya Polytechnic (Board of Governors) Order 1965 (Cap. 24, (d) the Mombasa Technical Institute (Board of Governors) Order 1966 shall continue in force as though made under this Act, and accordingly the Boards of Governors established by those Orders shall upon the commencement (i) be deemed to have been established and incorporated under (ii) hold the same property and be subject to the same obligations as they held or were subject to immediately before such
()PROVISION AS TO ADVISORY COUNCILS Tenure and Vacation of Office 1. The members of an advisory council shall hold office for three years, or such lesser period as the Minister may specify in the appointment, and shall be eligible A member of the advisory council may at any time by notice in writing addressed to the Minister resign his office and if a member becomes, in the opinion of the Minister, unfit or unqualified to continue in office, or incapable of performing his duties, the Minister may revoke the appointment of the member The names of persons appointed to be members of an advisory council and the names of persons ceasing to be members of the Council shall be notified in Subject as hereinafter provided, an advisory council shall regulate its own Meetings of an advisory council shall be called by the chairman of the council If the chairman is absent from a meeting of an advisory council, the members The agenda at a meeting of an advisory council shall consist of such matters as the Minister may from time to time refer to the council for consideration by the council and such other matters as the council, with the agreement of the Minister,
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A quorum at any meeting of an advisory council shall be one half of the A resolution at a meeting of an advisory council shall require the affirmative votes of one half of the members present except the chairman, who shall have a The secretary and any other staff of an advisory council shall be public
PERSONS WHO NEED NOT OBTAIN THE MINISTER’S PRIOR WRITTEN CONSENT TO THE ISSUE OF CERTIFICATES AND DIPLOMAS The Government. Any person issuing a certificate or diploma as a result of an examination for the conduct of which the Government, the Kenya Polytechnic or the Mombasa
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23 [Issue 1] CHAPTER 211 EDUCATION ACT SUBSIDIARY LEGISLATION
Page
Education (Board of Governors) (Hospital Hill School) Order, 1954……….
Governors) Order, 1965………………………….
Governors) Order, 1967……………………..
ds) Regulations, 1968……………………………
ue Certificates, 1969……………………………………
Education (Registration of Unaided Schools) Regulations, 1969……………
vernors) Order, 1969………………………………………
Education (Board of Governors) (Administration) Regulations, 1969………
Education (Entrustment of Functions to Local Authorities) Order, 1970 ….
Education (Local Entry Fees for Examinations) Regulations, 1970…………
line) Regulations, 1972…………………………………
der, 1972………………………………………………..
ds Regulations, 1973……………………………………….
ees) Regulations, 1978……………………………..
Order, 1978…………………………………………………………………………………….
Order, 1978…………………………………………………………………………………….
pecial Education) Order, 1986……………….
Education (Board of Governors) (Eldoret Polytechnic) Order, 1987………..
Education (Board of Governors) (Non-Teaching Staff) Regulations, 1993.
Education (National Advisory Board) (Establishment) Order, 1996…………
Education (Provincial Education boards) (Establishment) Order, 1996……
Arts Foundation Order, 1996……………………
Education (Board of Governors) (Kisumu Polytechnic) Order, 2001……….
Order, 2003…………………………………………………………………………………….
ca) Order, 2006……………………………………………………..
aff Institute) Order, 2010………………………
der, 2010……………………………………………

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25 [Issue 1] Order 1. Citation. 2. Interpretation. 3 Board of Governors. 5. Acceptance of office. 6. Interest in contracts, etc. 7. Governor not personally liable. 8. Vacancies on Board. 9. Meeting and procedure. 10. Management of Schools. 11. Principal and staff. 12. Finance. 13. Organisation and curriculum. 14. Admission and removal of pupils. 15. Fees, grants and donations. 16. Property to be held in name of Board. 17. Regulations of Board. 18. Principal’s tenure of official residence. 19. Principal not to have other employment. 21. Exhibitions. 23. Saving.
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1/1962, L.N. 180/1965.] PART I – PRELIMINARY 1. Citation This Order may be cited as the Education (Board of Governors) (Hospital Hill School) ed as the Education (Board of Governors) (Hospital Hill School) PART II – THE BOARD OF GOVERNORS 3. Board of Governors (1) There is hereby established a Board of Governors of the Hospital Hill School to be known as the Hospital Hill School Board of Governors, which is hereby declared to be a (3) Neither the principal of the school nor any member of the staff thereof may be appointed as a governor, but the principal shall attend all meetings of the Board, except on such occasions as the Board may otherwise determine, and may be appointed by the on such occasions as the Board may otherwise determine, and may be appointed by the L.N. 180/1965, o. 3.] No person shall be entitled to act as a governor until he has signed a declaration of [L.N. 431/1962, o. 2, L.N 180/1965, o. 5.] Except in special circumstances, with the approval in writing of the Minister, no governor shall take or hold any interest in any property belonging to the school, otherwise any property belonging to the school, otherwise 7. Governor not personally liable No governor shall be subject to any personal liability in respect of any matter or thing
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27 [Issue 1] No Governor shall be subject to any personal liability in respect of any matter or thing [L.N. 431/1962, o. 2, L.N. 180/1965, o.7.] (1) Any governor who is absent from all meetings of the Board during a period of one year or more, or who is adjudicated bankrupt or is incapacitated from acting, or who communicates in writing to the Board a wish to resign, shall thereupon cease to be a (2) (a) Every vacancy in the office of governor shall, as soon as possible, be notified (c) A governor appointed to fill a casual vacancy shall hold office only for the (3) The Minister, whenever he deems it necessary, may by notice in writing served upon or addressed by post to the last known postal address of any governor, require him (4) The Board may, with the approval of the Minister, appoint a substitute for any governor who notifies the Board that he intends to be absent from Kenya for any period not exceeding eight months; and a substitute governor appointed under this provision shall, during such absence as aforesaid, be deemed to be a governor for all intents and be deemed to be a governor for all intents and 9. Meetings and procedure (1) The Board shall hold meetings at least once in each year; a special meeting may at any time be summoned by any three governors upon two clear weeks’ notice being (2) The Board shall appoint a chairman of the Board annually from among members of the Board; in the case of absence of the chairman from any meeting of the Board, the governors present at the meeting shall elect one of their number to act as chairman of (3) There shall be a quorum when one-half of the membership of the Board (of whom (4) Every matter shall be determined by a majority of the governors present and voting on the question; and in the case of an equality of votes the chairman of the meeting shall (5) If at the time appointed for a meeting of the Board a sufficient number of governors to form a quorum is not present, or if at any meeting the business is not completed, the sine die(7) Any resolution of the Board may be rescinded or varied at a subsequent meeting if (8) The Board may invite persons who are not governors to attend at any meeting thereof, for the purpose of assisting the Board in the consideration or determination of any matter before the Board, but no such person shall be entitled to vote on any such matter
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(9) The Minister may appoint a representative or representatives, who shall have the right to attend meetings of the Board and to speak thereat but shall not have the right to speak thereat but shall not have the right to PART III – MANAGEMENT OF THE SCHOOL AND FUNCTIONS OF THE BOARD 10. Management of schools The school shall be managed by the Board— (a) in accordance with the Act and with the Teachers Service Commission Act (Cap. 212), with rules and regulations made there under and with this (b) so as to maintain a high moral tone in the school; and (c) subject to the provisions of paragraph (a) of this section, in conformity with a subject to the provisions of paragraph (a) of this section, in conformity with a 11. Principal and staff Subject to the provisions of the Act— (a) the Board shall, in consultation with the Chief Education Officer, appoint a suitable and duly qualified principal of the school, taking suitable measures (b) the Board shall also, in consultation with the Chief Education Officer, appoint an adequate and suitable teaching and non-teaching staff, or may if it thinks fit, subject to the same consultation, delegate that power of appointment within the limits of an establishment fixed by the Board, to the principal, whether generally or on any particular occasion; (c) all persons engaged by the Board on the staff of the school shall serve (d) the Board may at pleasure dismiss any person employed by it in connection with the school without assigning cause, upon notice being given in accordance with the provisions of the contract between the Board and that person; they may also for misconduct or other good and urgent cause (e) a resolution to dismiss the principal shall not take effect unless it has been passed at a special meeting convened for that purpose and has been so passed by not less than two-thirds of the governors present and voting on (f) no person shall be dismissed without an opportunity of appearing in person (g) subject to the provisions of the Teachers Service Commission Act (Cap. 212) and this Order, teaching and non-teaching staff shall be employed in accordance with terms and conditions of service approved by the Chief accordance with terms and conditions of service approved by the Chief 12. Finance (1) The Board shall in the month of January in each year submit for the consideration of the Chief Education Officer an estimate of the income and the expenditure required, for the purposes of the school, for the twelve months ending on the 30th June in the following year, in such form as the Chief Education Officer may require or as may be prescribed.
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29 [Issue 1] (2) The Chief Education Officer shall consider the estimate and make such variation (3) Where the Board is empowered by the Chief Education Officer to incur expenditure, it shall not exceed the amount approved by him under each head of the (4) The Board shall furnish to the Chief Education Officer whenever required by him such annual or other statement of accounts of income and expenditure in respect of the (1) Subject to the provisions of sections 10 and 14, the Board shall have the general (2) Subject to the provisions of this Order, the principal shall control the internal teaching and non-teaching staff and shall have the power of suspending pupils from attendance for any cause which he considers adequate, but on suspending any pupil he (3) (a) There shall be full consultation at all times between the principal and the (b) All major proposals and reports affecting the conduct and curriculum of the school shall be submitted formally to the Bfurnished with a copy thereof at least fourteen days before such proposals and reports are (c) Suitable arrangements shall be made for enabling the teaching staff to submit their views or proposals on any matter affecting the school to the Board through (1) Subject to the provisions of the Act and of any rules made there under, the Board (2) The admission of pupils shall be within the limits of numbers for the school as approved by the Board, and no pupil shall be refused admission to, or excluded from, the school on any ground of sex, race or colour or on other than reasonable grounds. (3) The Board may, subject to such restrictions (if any) as it may think fit, delegate to the principal the execution of its functions in regard to the admission of pupils; but no pupil shall be removed from the school except after consultation with the Chief Education shall be removed from the school except after consultation with the Chief Education 15. Fees, grants and donations (1) The Board shall, subject to any notice made under the Act, fix the tuition and (2) Subject as aforesaid, the Board shall receive all fees payable in respect of pupils, (3) The Board shall pay all expenses connected with the school, including the expenses of the trustees of the school and the salaries of the principal and teaching and (4) The Board shall be responsible for making arrangements to raise any loan which the Minister may, at the request of the Board, authorise for the purposes of the school,
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and shall secure that proper provision is made for the repayment thereof and payment of all interest and other charges thereon in accordance with any order made by the Minister 16. Property to be held in name of Board (1) All such immovable property, shares, funds and securities as may from time to time become the property of the Board shall be in the name of the Board of Governors of the Hospital Hill School and shall be dealt with in such manner as the Board may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any (2) The common seal of the Board shall be in the custody of the secretary of the Board and shall be signified by the Chairman of the Board or such other Governor as the the Board or such other Governor as the PART V – GENERAL 17. Regulations of Board Within the limits prescribed by this Order, the Board shall have full power to make regulations for the management of the school and for the conduct of its business, including the summoning of and procedure at meetings, the deposit of money in a bank (2) The occupation and use of the residence, and of any other property of the school of occupied by him as principal, shall be had by him in respect of his official capacity and duties, and not as tenant, and, if he is removed from his office, he shall relinquish all claim to that office and its future emoluments, and shall deliver up possession of the residence (3) He shall not, except with the permission of the Board, permit any person not being The Principal shall give his personal attention to the duties of the school; he shall not undertake any office or employment interfering with the proper performance of his duties The Board may, during or at the end of any school year, award exhibitions to pupils leaving the school in that year, subject to any regulations made by the Board, tenable at any institution for further education approved by the Board, and consisting either of a single payment or of payments extending for such period (renewable or otherwise) as may be so prescribed and awardable either on the result of an examination or competition or
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31 [Issue 1] Nothing in this Order shall affect the terms and conditions upon which any grant may be made to the Board out of public funds in aid of the school, or the terms and conditions
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33 [Issue 1] Order 1. Citation. 2. Interpretation. 3 Establishment of Board of Governors. 4. Constitution of Board of Governors. 5. Tenure of office of Governors. 6. Vacancies on Board. 7. Interest in property. 8. Governor not personally liable. 9. Meetings and procedure. 10. Certain member may appoint representatives. 11. Executive committee. 12. Other committees. 13. Advisory panels. 14. Government of Polytechnic. 15. Principal and staff. 16. Organization and curriculum. 17. Admission and exclusion of students. 18. Suspension of students. 19. Finance. 20. Vesting of property of Board. 21. Determination of questions.
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PART I – PRELIMINARY 1. Citation This Order may be cited as the Kenya Polytechnic (Board of Governors) Order, 1965. 2. Interpretation In this Order, except where the context otherwise requires— “Board” means the Board of Governors of the Kenya Polytechnic; “governor” means a member of the Board; “Polytechnic” means the Kenya Polytechnic situated in Nairobi and includes any There is hereby established a Board of governors for the Kenya Polytechnic to be known as the Kenya Polytechnic Board of Governors which is hereby declared to be a (a) a Chairman appointed by the Minister; (b) one person appointed by the Minister and nominated by each of the The Industrial and Commercial Development Corporation; The East African Institute of Architects; The Federation of Kenya Employers; The East African Railways and Harbours Administration; The East African Posts and Telecommunications Administration; The East African Institution of Engineers; The Central Organization of Trade Unions (Kenya); The Council of University College, Nairobi; The City Council of Nairobi; (c) a person who is the chairman of any Advisory Panel set up under paragraph 13 of this Order, unless he is already a Governor by virtue of subparagraph (b)
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35 [Issue 1] (d) a person appointed by the Minister to represent secondary schools in (e) not more than three persons co-opted by the Board. (2) The Board shall appoint a paid or unpaid secretary who may, but need not, be a (3) Neither the Principal or any member of the staff of the Polytechnic may be a member of Board, but the principal shall submit items of business for discussion by the Board and attend the meetings of the Board, except when the Board shall otherwise he Board shall otherwise 5. Tenure of office of Governors Governors shall hold office for a period of three years and shall be eligible for Provided that the Board may make provision for the rotational retirement of a number of its members at the end of each calendar year. Governors shall be eligible for (1) Every vacancy on the Board shall be notified at once to the appointing authority as (2) Any Governor who is absent from all meetings of the Board during a period of two years, or who is incapacitated from acting, or who is adjudicated a bankrupt, or who communicates in writing to the Board a wish to resign, shall thereupon cease to be a (3) Every Governor shall have the right to appoint an alternate with full powers to act, Except in special circumstances, with the approval in writing of the Minister, no receive any remuneration, or be interested in, any contract in which the Polytechnic is No Governor shall be subject to any personal liability in respect of any matter or thing (1) The Board shall hold an ordinary meeting at least once in each year; a special meeting may be summoned by the Chairman or shall be summoned by the Chairman, at the written request of any three Governors; and two clear weeks notice shall be given to (2) There shall be a quorum when eight Governors are present at a meeting, and every matter shall be determined by a majority of the Governors present and voting (3) In the absence of the Chairman from any meeting the members shall elect one of (5) Any meeting may be adjourned by resolution and if a sufficient number of
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(6) Any resolution of the Board may be rescinded or varied at a subsequent meeting if (7) The Board may invite persons who are not members of the Board to attend any meeting thereof, but no such person shall be entitled to vote on any matter, or, except so (8) All documents made by the Board shall be executed, and all decisions of the Board shall be signified, under the hand of the Chairman or of any member or officer of The following persons may appoint representatives who shall have a right to attend meetings of the Board and to speak thereat but shall not have the right to vote— The Minister; The Minister responsible for works; The Minister responsible for labour; The Minister responsible for Commerce and Industry; The Director of Personnel. (1) The Board may establish an Executive Committee, in which may be vested any of the powers and functions of the Board with respect to the Polytechnic, other than the power to appoint a Principal and the power to approve estimates of expenditure. (2) The Executive Committee may consider any matter, other than a matter vested in the Executive Committee under subparagraph (1), for the purpose of submitting a report, (3) The proceedings of any meeting of the Executive Committee shall be reported to (4) The Executive Committee shall consist of not less than four and not more than six (5) The Chairman of the Board shall be a member of the Executive Committee ex officio. (6) The Executive Committee shall appoint its own chairman and establish its own (7) The members of the Executive Committee shall be appointed annually and Without prejudice to the provisions of paragraph 11, the Board may from time to time appoint any Committee for any special purpose connected with the Polytechnic and may vest in that Committee such powers, other than the power to appoint a Principal and the power to approve estimates of expenditure, and functions and impose on it such rules of procedure as the Board may decide and the members of such committee may include, but Provided that the Chairman of the Board shall be a member of any such committee
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37 [Issue 1] (1) The Board may appoint such Advisory Panels as it may consider necessary for the good organization and development of the work of the Polytechnic. (2) The function of an Advisory Panel shall be to advise the principal on the organization of courses in a Department of the Polytechnic; on the examinations for which students in the Department should be entered; on the requirements of industry and commerce both as regards the numbers of students and the character of training; on arrangements for industrial or commercial experience during training; and on any other matter relating to the Department. (3) The Chairman of an Advisory Panel shall be appointed by the Board and may be a (4) The members of an Advisory Panel, other than the Chairman, shall be appointed by the Board from among persons with relevant experience of industry and commerce or The Polytechnic shall be governed by the Board in accordance with the provisions of the Education Act (Cap. 211) and any rules and regulations made there under, any Act (1) The Board shall appoint, with the approval of the Minister, a principal of the (2) The Board shall appoint, after taking into consideration the advice of the principal, (3) The power of the Board to appoint staff shall include the power to appoint persons (4) Every teacher shall be employed in accordance with terms of service approved by (5) The Board may, by resolution passed by not less than two-thirds of the Governors present and voting at a special meeting convened for the purpose, request the Minister to terminate the secondment of any person seconded to the service of the Board in (6) No proposal to dismiss a person employed by the Board, or to terminate his contract, or to request the Minister to terminate the secondment of a person seconded to the service of the Board, on grounds of misconduct or grave professional default, shall be decided until the person has been given an opportunity to appear in person before the (1) Subject to the provisions of paragraph 14 and to the Minister’s power to determine the general educational character of the Polytechnic and its place in the educational system of Kenya, the Board shall have the general direction of the conduct and curriculum
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held to be validity done or resolved if or to the extent that it contravenes the terms of any agreement entered into by the Government of Kenya with respect to the Polytechnic in (2) All proposals and reports affecting the policy and curriculum of the Polytechnic shall be submitted formally to the Board, and the Minister shall be furnished with a copy thereof at least fourteen days before such proposals and reports are considered by the (3) Subject to the provisions of this Order, the principal shall control the internal organization, management and discipline of the Polytechnic, shall exercise supervision over the teaching and non-teaching staff, and shall be personally responsible to the Board of conduct and endeavour among the staff ll times between the Principal and the Chairman of the Board and between the Principal and the Chief Officer of the Ministry concerned (5) The principal shall make such arrangements as may be adequate and suitable for consultation with the staff at meetings held for this purpose at appropriate intervals and (1) Subject to the provisions of the Act and any rules and regulations made (2) No student shall be refused admission or excluded on other than reasonable (3) The principal may perform any of the functions under this paragraph subject to (1) The principal shall have power to suspend any student from attendance at the Polytechnic for any cause which he considers adequate and for a period not exceeding (2) Before the expiry of any period of suspension, the matter shall be reported by the Principal to the Board or to any Committee in which the powers of the Board in respect of (1) The Board shall prepare annual estimates of revenue and expenditure, in such (2) The Board may incur expenditure for the purpose of the Polytechnic in accor-Provided that the approved expenditure under any head of the estimates may not be exceeded without the prior approval of the Minister in writing. (3) The Board shall receive all fees payable by or in respect of students, all grants made out of public funds, whether for capital or revenue purposes, and any subscriptions,
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39 [Issue 1] (4) Nothing in this Order shall affect the terms and conditions upon which any grant (5) The Board may, with the approval of the Minister and subject to any restriction imposed by law, appeal to the general public for subscriptions, donations or bequests for (6) The principal shall control the day to day expenditure connected with the running of the Polytechnic, and shall present an account of such expenditure to the Board as and (7) The Board shall pay all expenses connected with the Polytechnic, including the Provided that the personal emoluments of persons seconded to the service of the Board in accordance with paragraph 15(3) shall, in the first instance, be paid by the (8) Any unexpended balance of grant may be carried forward in the accounts of the Polytechnic from one calendar year to the next and the Board may make proposals for the final disposal of such unexpended balance, which shall be at the discretion of the Minister, (9) The Board shall, subject to any matter prescribed under section 70 of the Education Act (Cap. 211), or to the approval of the Minister, determine the scales of fees and hostel charges payable by or in respect of students at the Polytechnic and prescribe (10) The Board may, with the approval of the Minister, provide bursaries or scholarships to assist in the education, maintenance or transport of students who are undergoing courses of instruction at the Polytechnic and prescribe the conditions under (11) The Board shall furnish the Minister with a certified copy of the audited annual statement of accounts and such other information about the revenue, expenditure, assets (12) The Board shall be responsible for making arrangements to raise any loan which the Minister may, at the request of the Board, authorize the Board to raise for the purposes of the Polytechnic and shall ensure that proper provision is made for the repayment thereof and payment of all interest and other charges thereon in accordance (1) All such immovable property, shares, funds and securities as may from time to time become the property of the Board shall be in the name of the Board of Governors of the Kenya Polytechnic and shall be dealt with in such manner as the Board may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any endowment, Custody of common seal.—The common seal of the Board shall be in the custody of the secretary of the Board and shall be signified by the Chairman of the Board or such
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21. Determination of questions Any question arising as to the construction of this Order or as to the regularity or
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41 [Issue 1] Order 1. Citation. 2. Interpretation. 3 Establishment of Board of Governors as body corporate. 4. Membership of Board of Governors. 5. Tenure of office of Governors. 6. Vacancies on Board. 7. Interest in property. 8. Governor not personally liable. 9. Meeting and procedure. 10. 11. Executive Committee. 12. Other committees. 13. Advisory Panels. 14. Government of Polytechnic. 15. Principal and staff. 16. Organization and curriculum. 17. Admission and exclusion of students. 18. Suspension of students. 19. Finance. 20. Vesting of property of Board. 21. Determination of questions. 22. Revocation of Cap. 211 (Sub. Leg.).
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PART I – PRELIMINARY 1. Citation This Order may be cited as the Mombasa Polytechnic (Board of Governors) Order, This Order may be cited as the Mombasa Polytechnic (Board of Governors) Order, 2. Interpretation In this Order, except where the context otherwise requires— “Board” means the Board of Governors of the Mombasa Polytechnic; “governor” means a member of the Board; “Polytechnic” means the Mombasa Polytechnic situated in Mombasa and means the Mombasa Polytechnic situated in Mombasa and PART II – BOARD OF GOVERNORS 3. Establishment of Board of Governors as body corporate There is hereby established a board of governors to be known as the Board of Governors of the Mombasa Polytechnic which is hereby declared to be a body corporate in the name of the Board and shall have perpetual succession and a common seal and in the name of the Board and shall have perpetual succession and a common seal and 4. Membership of Board of Governors (1) The Board shall consist of the following members— (a) a Chairman appointed by the Minister; (b) two persons appointed by the Minister to represent the Muslim Community (c) one person appointed by the Minister nominated by each of the following bodies and— The East African Railways and Harbours administration; The East African Power and Lighting Company Limited; The Bamburi Portland Cement Company Limited; The East African Oil Refineries; The Kenya National Chamber of Commerce and Industry; The Central Organization of Trade Unions (Kenya); The Municipal Council of Mombasa;
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43 [Issue 1] (d) any person who is the Chairman of an Advisory Panel set up under paragraph 13 of this Order, unless he is already a Governor by virtue of (e) a person appointed by the Minister to represent secondary schools in (f) not more than three persons co-opted by the Board. (2) The Board shall appoint a paid or unpaid secretary who may, but need not, be a (3) Neither the principal nor any member of the staff of the Polytechnic may be a Board and attend the meetings of the Board, except when the Board shall otherwise Governors shall hold office for a period of three years and shall be eligible for re-appointment: Provided that the Board may make provision for the rotational retirement of a numbers of its members at the end of each calendar year. Governors shall be eligible for (1) Every vacancy on the Board shall be notified at once to the appointing authority as (2) Any Governor who is absent from all meetings of the Board during a period of one year, or who is incapacitated from acting, or who is adjudicated a bankrupt, or who communicates in writing to the Board a wish to resign, shall thereupon cease to be a Except in special circumstances, with the approval in writing of the Minister, no receive any remuneration from, or be interested in, any contract in which the Polytechnic No governor shall be subject to any personal liability in respect of any matter or thing (1) The Board shall hold an ordinary meeting at least twice in each year; a special meeting may be summoned by the Chairman, or shall be summoned by the Chairman at the written request of any three Governors; and two clear weeks’ notice shall be given to (2) A quorum at any meeting of the Board shall be one half of the members of the Board and, except as provided in paragraph 15(6) hereof, every matter shall be (3) In the absence of the Chairman from any meeting the members shall elect one of
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(5) Any meeting may be adjourned by resolution and if a sufficient number of (6) Any resolution of the Board may be rescinded or varied at a subsequent meeting if (7) The Board may invite persons who are not members of the Board to attend any meeting thereof, but no such person shall be entitled to vote on any matter, or except so (8) Subject to paragraph 20(2), all documents made by the Board shall be executed, and all decisions of the Board shall be signified, under the hand of the Chairman or of any The following persons may appoint representatives who shall have a right to attend meetings of the Board and to speak thereat but shall not have the right to vote— The Minister; The Minister responsible for Works; The Minister responsible for Labour; The Minister responsible for Commerce and Industry; The Director of Personnel. (1) The Board may establish an Executive Committee in which may be vested any of the powers and functions of the Board with respect to the Polytechnic other than the power to appoint a Principal and the power to approve estimates of expenditure. (2) The Executive Committee may consider any matter, other than a matter vested in the Executive Committee under paragraph (1) of this paragraph, for the purpose of (3) The proceedings of any meeting of the Executive Committee shall be reported to (4) The Executive Committee shall consist of not less than four and not more than six (5) The Chairman of the Board shall be a member of the Executive Committee (6) The Executive Committee shall appoint its own Chairman and establish its own (7) The members of the Executive Committee shall be appointed annually and Without prejudice to the provisions of paragraph 11 of this Order, the Board may from time to time appoint any Committee for any special purpose connected with the Polytechnic and may vest in such Committee such powers, other than the power to
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45 [Issue 1] appoint a Principal and the power to approve estimates of expenditure, and functions and impose on it such rules of procedure as the Board may decide and the members of that committee may include, but shall not exclusively consist of, persons who are not Provided that the Chairman of the Board shall be a member of any such committee (1) The Board may appoint such Advisory Panels as it may consider necessary for the good organization and development of the work of the Polytechnic. (2) The function of an Advisory Panel shall be to advise the Principal on the organization of courses in a department or section of the Polytechnic; on the examinations for which students in such Department or section should be entered; on the requirements of industry and commerce both as regards the numbers of students and the character of training; on arrangements for industrial or (3) The Chairman of an Advisory Panel shall be appointed by the Board and may be a (4) The members of an Advisory Panel, other than the Chairman, shall be appointed by the Board from among persons with relevant experience of industry and commerce or The Polytechnic shall be governed by the Board in accordance with the provisions of the Education Act (Cap. 211) and any rules and regulations made thereunder, any Act (1) The Board shall appoint a Principal of the Polytechnic. (2) The Board shall appoint, after taking into consideration the advice of the Principal, (3) The power of the Board to appoint staff shall include the power to appoint persons seconded to the service of the Board by the Government of Kenya or by any other (4) Every teacher shall be employed in accordance with terms of service approved by (5) The appointment and dismissal of the Principal or of any member of the teaching (6) The Board may, by resolution passed by not less than two-thirds of the Governors present and voting at a special meeting convened for the purpose, request the Minister or any other employer, as the case may be, to terminate the secondment of any person (7) No proposal to dismiss a person employed by the Board, or to terminate his contract, or to request the Minister or any other employer to terminate the secondment of
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a person seconded to the service of the Board, on grounds of misconduct or grave professional default, shall be decided until the person has been given an opportunity to appear in person before the Board and the person so appearing may be accompanied by (1) Subject to the provisions of paragraph 14 and the Minister’s power to determine the general educational character of the Polytechnic and its place in the educational system of Kenya, the Board shall have the general direction of the conduct and curriculum held to be validly done or resolved if or to the extent that it contravenes the terms of any agreement entered into by the Government with respect to the Polytechnic in force at the (2) All proposals and reports affecting the policy and curriculum of the Polytechnic shall be submitted formally to the Board and the Minister shall be furnished with a copy thereof at least fourteen days before the proposals and reports are considered by the (3) Subject to the provisions of this Order, the Principal shall control the internal organization, management and discipline of the Polytechnic, shall exercise supervision over the teaching and non-teaching staff, and shall be personally responsible to the Board of conduct and endeavour among the staff ll times between the Principal and the Chairman of the Board and between the Principal and the Chief Officer of the Ministry concerned (1) Subject to the provisions of the Act and any rules and regulations made (2) No student shall be refused admission or excluded on other than reasonable (3) The Principal may perform any of the functions under this paragraph subject to (1) The Principal shall have power to suspend any student from attendance at the Polytechnic for any cause which he considers adequate and for a period not exceeding (2) Before the expiry of any period of suspension, the matter shall be reported by the Principal to the Board or to any Committee in which the powers of the Board in respect of (1) The Board shall prepare annual estimates of revenue and expenditure, in such (2) The Board may incur expenditure for the purposes of the Polytechnic in
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47 [Issue 1] Provided that the approved expenditure under any head of the estimates may not be exceeded without the prior approval of the Minister in writing. (3) The Board shall receive all fees payable by or in respect of students, all grants made out of public funds, whether for capital or revenue purposes, and any subscriptions, (4) Nothing in this Order shall affect the terms and conditions upon which any grant (5) The Board may, with the approval of the Minister and subject to any restriction imposed by law, appeal to the general public for subscriptions, donations or bequests for (6) The Principal shall control the day to day expenditure connected with the running of the Polytechnic and shall present an account of such expenditure to the Board as and (7) The Board shall pay all expenses connected with the Polytechnic, including the Provided that the personal emoluments of any person seconded to the service of the Board by the Government of Kenya or by any other employer in accordance with paragraph 15(3), in the first instance, be paid by the Minister or by such other employer and may, at the discretion of the Ministry or such other employer, as the case may be, be (8) Any unexpended balance of grant may be carried forward in the accounts of the Polytechnic from one calendar year to the next and the Board may make proposals for the final disposal of such unexpended balance, which shall be at the discretion of the Minister, (9) The Board shall, subject to any matter prescribed under section 70 of this Act, or to the approval of the Minister, determine the scales of fees and hostel charges payable by or in respect of students at the Polyte(10) The Board may, with the approval of the Minister, provide bursaries or scholarships to assist in the education, maintenance or transport of students who are undergoing courses of instruction at the Polytechnic and prescribe the conditions under (11) The Board shall furnish the Minister with a certified copy of the audited annual statement of accounts and such other information about the revenue, expenditure, assets (12) The Board shall be responsible for making arrangements to raise any loan which the Minister may, at the request of the Board, authorize the Board to raise for the purpose of the Polytechnic and shall ensure that proper provision is made for the repayment thereof and payment of all interest and other charges thereon in accordance with any (1) All movable and immovable property, shares, funds and securities which are now the property of, and which may from time to time become the property of, or be provided for the purposes of, the Board shall be in the name of the Board of Governors of the Mombasa Polytechnic and shall be dealt with in such manner as the Board may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any endowment,
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Custody of common seal.—The common seal of the Board shall be in the custody of the secretary of the Board and shall be signified by the Chairman of the Board or such fied by the Chairman of the Board or such PART V – GENERAL 21. Determination of questions Any question arising as to the construction of this Order or as to the regularity or The Education (Board of governors for the Mombasa Institute of Muslim Education)
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49 [Issue 1] 1. Citation. 2. Staffing standards. 3. Size of classes. 4. Efficient unaided schools. 5. Curriculum, syllabuses and books. 6. 7. General requirements. 8. Examination. 9. Certificates. 10. Duration of school year. FIRST SCHEDULE –SECOND SCHEDULE –
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REGULATIONS UNDER SECTION 19 1. Citation These Regulations may be cited as the Education (Education Standards) Regulations, (1) In any primary school the normal teaching establishment shall be one teacher for each class excluding the headmaster. (2) In any secondary school, the normal teaching establishment shall be as set out in (3) In any training college for teachers, the normal teaching establishment shall be Provided that any fraction of teachers arising out this paragraph shall be calculated (4) For the purpose of this Regulation, the normal teaching establishment shall be the minimum teaching establishment, except with the approval of the Minister, in relation to (1) Unless the Minister otherwise prescribes generally or in relation to any school, no class in any primary school shall exceed 50 pupils, no class in any secondary school Forms I-IV shall exceed 40 pupils, no class in any secondary school Forms V-VI shall exceed 30 pupils and no class in any teachers’ college or in any intermediate college shall (2) The Minister may prescribe, generally or in relation to any school, the maximum size of any class in any technical college, any commercial college, or any continuation (2) The standards to be attained by a school designated as efficient are those shown The curriculum of a school, the syllabuses used in any school and the books or other teaching aids used in connexion with such syllabuses shall be such as the Minister is willing to approve; but in a sponsored school syllabuses, books and other teaching aids used for religious education shall be those prepared or recommended by the sponsor and Where a sponsor has been appointed in respect of a school in accordance with section 8(1) of the Act, the Headmaster shall grant every reasonable request by the sponsor to satisfy himself that religious instruction is conducted in accordance with the
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51 [Issue 1] (a) keep a record, in such form as may be prescribed, of the teachers (b) ensure that the headmaster keeps a register of enrolment of pupils and a (c) furnish the Minister with such returns as he may from time to time require. No pupil at a maintained or assisted school may be entered by such school for any public examination other than a public examination approved by the Minister. School Leaving Certificates issued by maintained or assisted schools shall be in a (1) The approved curriculum shall be followed in each year at any maintained or assisted primary or secondary school for 195 days and at any maintained training college (2) Time during the normal school day used for special religious observance shall be made good by a corresponding addition to the number of days on which the approved
()STANDARD TEACHING ESTABLISHMENT IN SECONDARY SCHOOLS Size of School Normal Teaching Establishment 1 stream 6 2 stream 11 3 stream 17 4 stream 22 5 stream 28 1 stream 3 2 stream 6 3 stream 9 4 stream 12 For incomplete streams the standard teaching establishment will be calculated proportionately
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()STANDARDS TO BE ATTAINED BY SCHOOLS DESIGNATED AS EFFICIENT 1. The staff must be well and appropriately qualified and adequate in numbers. In the case of secondary schools, a substantial proportion must be university graduates. Persons teaching technical or commercial subjects must be in possession of adequate The buildings and playing fields must be suitable, adequate and well maintained. The curriculum must be appropriate to the purposes of the school and, in the case of a secondary school, must ensure a broad, general education irrespective of examination The equipment must be suitable and sufficient, having regard for the subject taught The education given must be of a good standard, having regard for the purposes of the school, and in the case of a secondary school it must not only assure a reasonable chance of success in examinations, but also conduce to the general development of pupils.
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53 [Issue 1] PERSONS AUTHORISED TO ISSUE CERTIFICATES UNDER SECTION 21(B) [L.N. 161/1969, L.N. 375/2002.] Kianda College.
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55 [Issue 1] L.N. 30/1990, L.N 87/2006.] REGULATIONS UNDER SECTION 17 1. These Regulations may be cited as the Education (Registration of Unaided Schools) (2) Any person desirous of establishing an unaided school shall first make application to the Minister in the form set out in the Second Schedule to these Regulations for the (3) A fee of five hundred shillings shall accompany every application made in A fee of five hundred shillings shall accompany every application made in 3. (1) When the Minister has caused an unaided school to be provisionally registered in accordance with section 15(1) of the Act, the manager of the school shall be notified (2) If, at the end of one year from the provisional registration of an unaided school the of the Act, he shall cause the school to be registered and issue a certificate of registration in The manager of any unaided school which is provisionally registered or registered shall furnish the Minister with such particulars, information, documents or returns as the The following particulars with respect to an unaided school shall be included in the (a) name of school; (b) situation of school: province, county or municipality, location or plot number; (c) classification of school; (d) highest class permitted; (e) maximum number of pupils permitted; (f) name and address of manager; (g) date of registration; and (h) registration number. The Education (Registration of Schools) Regulations (Cap. 211, Sub. Leg.) are hereby
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()APPLICATION FOR THE REGISTRATION OF AN UNAIDED SCHOOL Part I – To be completed by the Applicant and forwarded to the County/Municipal Education Officer 1. Name of manager …………………………………………………………………………………………….. 2. Address of manager ………………………………………………………………………………………….. 3. Proposed name of school ……………………………………………………………………………………… 4. Situation of proposed school …………………………………………………………………………………. Province …………………………………………………………………………………………………….. County or Municipality ………………………………………………………………………………………… Location (where applicable) ……………………………………………………………………………………. Plot Number (if any) ………………………………………………………………………………………….. 5. Proposed classification of school …………………………………………………………………………….. 6. Details of classes proposed to be provided …………………………………………………………………….. ……………………………………………………………………………………………………………. 7. Number of streams per class ………………………………………………………………………………….. 8. Maximum number of pupils to be accommodated ………………………………………………………………. ……………………………………………………………………………………………………………. 9. (In case of re-registration of existing schoolS)— (a) Address of school ………………………………………………………………………………………….. ……………………………………………………………………………………………………………. (b) Existing registration number …………………………………………………………………………………10. Nature of buildings— (a) Existing …………………………………………………………………………………………………. ……………………………………………………………………………………………………………… (b) Proposed ………………………………………………………………………………………………….. ………………………………………………………………………………………………………………11. Declaration by manager— I hereby declare that I have read the EducatI also understand that it is an offence punishable at law to establish, manage, maintain or conduct an unaided school, which has not been registered in accordance with Part IV of the Education Act, 1968 (No. 5 of 1968). Date ………………………………………………………….. Signed ……………………………………….12. Date of meeting when application was discussed………………………………………………………………… 13. Recommended/Not recommended. Min. Ref. No. ……………………………………………………………….Date ………………………………………………………….. Signed ……………………………………….14. Comments of County/Municipal Education Officer ………………………………………………………………. ……………………………………………………………………………………………………………. …………………………………………………………………………………………………………….
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57 [Issue 1] ……………………………………………………………………………………………………………. …………………………………………………………………………………………………………….Date ………………………………………………………….. Signed ……………………………………….15. Comments of Provincial Education Officer ………………………………………………………………………. ……………………………………………………………………………………………………………. …………………………………………………………………………………………………………….Date ………………………………………………………….. Signed ……………………………………….Minister for Education’s decision …………………………………………………………………………………Registration Certificate issued on ………………………………………………………………………………………………………………………………………………No……………………………………………….
()CERTIFICATE OF REGISTRATION OF AN UNAIDED SCHOOL insert the name of the school) ………………………………………………………………. hasbeen entered in the Register of Unaided Schools. The particulars appearing in the Register are as Name of school ………………………………………………………………………………………………….Classification of school …………………………………………………………………………………………Situation of school ……………………………………………………………………………………………..Highest class permitted ………………………………………………………………………………………….Maximum number of pupils in attendance …………………………………………………………………………….Name of manager …………………………………………………………………………………………………Address of manager ………………………………………………………………………………………………Date of registration …………………………………………………………………………………………….Registration number ……………………………………………………………………………………………..for Permanent Secretary 1. This certificate is the property of the Ministry and must be returned to the Ministry on 2. If it is proposed that any of the particulars in this certif
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59 [Issue 1] Order 1. Citation and commencement. 2. Interpretation. 3. Establishment of Boards of Governors. 4. Constitution of Boards of Governors. 5. Tenure of office of Governors. 6. Members of staff debarred as Governors. 7. Presence of principal at meetings. 8. Vacancies on Boards. 9. Interest in property. 10. Governor not personally liable. 11. Representatives of the Minister and the Kenya Institute of Education may attend12. Custody of Common Seal of Board, and vesting of property of Board. 13. Vesting of property and securities of non-corporate bodies in trustees. 14. Manner of dealing with property of schools. 15. A board to govern according to certain Laws. 16. Transfer of assets and liabilities. 17. Trade unions to be recognised by board. 18. Determination of questions. 19. Revocation of L.N. 353/1964.
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N. 206/1973, L.N. 34/1977, L.N 137/1980, L.N 122/1981, L.N 21/1982, L.N 45/1983, L.N 211/1986, L.N. 263/1993.] ORDERS UNDER SECTION 10(1) 1. Citation and commencement This Order may be cited as the Education (Board of Governors) Order, 1969 and shall means a member of a Board of Governors established under “voluntary body” means a body other than the Government, the East African Authority or the Community, local authority, or any department or undertaking of those bodies. (1) There is hereby established a Board of Governors for each of the schools or (2) The schools or groups of schools specified in the First Schedule to this Order are schools or groups of schools other than schools for the establishment of which a voluntary (3) The schools or groups of schools specified in the Second Schedule to this Order are schools or groups of schools for the establishment of which a voluntary body was (1) In the case of schools or groups of schools specified in the First Schedule to this (a) a chairman appointed by the Minister; (b) three persons representing the community served by the school, appointed (c) four persons representing bodies or organizations that, in the opinion of the (d) not more than three other persons as the Minister may consider necessary, after consultation with the Board, having regard to any special (e) not more than three persons co-opted by the board. (2) In the case of schools or groups of schools specified in the Second Schedule to (a) a chairman appointed by the Minister in consultation with the voluntary (b) three persons representing the community served by the school, appointed (c) four persons appointed by the voluntary body representing bodies or organizations that, in the opinion of the voluntary body, in agreement with
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61 [Issue 1] (d) not more than three other persons as the Minister may consider necessary, after consultation with the Board, having regard to any special (e) not more than three persons co-opted by the board. (3) In the absence of the chairman from any meeting, the members present shall elect Governors shall hold office for a period of three years and shall be eligible for re-appointment. Provided that the board may make provision for the rotational retirement of a No member of the staff of a school or group of schools specified in the Schedules to group of schools specified in the Schedules to this Order shall normally be present at meetings of the board of that school or group of (1) Any vacancy caused by the resignation or death of a Governor shall be filled forthwith by the person responsible for such and any Governor so appointed shall hold (2) Any Governor who is absent from all meetings of the Board during a period of one (3) Any Governor shall have the right to appoint an alternate with full powers to act, (1) Except in special circumstances, with the approval in writing of the Minister, no Governor shall take or hold any interest in any property belonging to the school or group receive any remuneration or be interested in any contract in which such school or group of (2) The income of the school shall be applied to promoting the objects of the school (1) No Governor shall be subject to any personal liability in respect of any matter or thing done or omitted or any contract entered into by or on behalf of the board of which he is a Governor, or by or on behalf of any school or group of schools administered by that (2) All claims in contract or in tort against the Board or any school or group of schools administered by the Board shall be reported immediately to the Minister, who shall advise
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(3) Any costs, fees or payments arising out of or consequent upon any advice given by the Minister under subparagraph (2) of this paragraph shall be a charge on the 11. Representatives of the Minister and the Kenya Institute of Education may The Minister and, in the case of teachers colleges, the Kenya Institute of Education, may appoint a representative or representatives, who shall have the right to attend meetings of the Board and to speak thereat but shall not have the right to vote. 12. Custody of Common Seal of Boar(1) The common seal of all Boards which are corporate bodies shall be in the custody of the Secretary of the Board of the Governors and shall be signified by the chairman or (2) All movable and immovable property, shares, funds and securities, which are now the property of, or which may from time to time become the property of, or be provided for the purposes of, any Board to which this paragraph refers shall be in the name of the Board and shall be dealt with in such manner as the board may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any endowment or donation (1) All movable and immovable property, shares, funds and securities, which are now the property of, and which may from time to time become the property of, or be provided for the purpose of, any school or groups of schools governed by a Board which is not a (a) in the case of a school or groups of schools specified in the First Schedule be vested in such trustee or trustees as the Minister may, after consultation with the board, appoint, or if the Minister thinks fit, be transferred to and shall by virtue of this paragraph and without further assurance, be vested in the Public Trustee (as custodian trustee) who may, in writing, authorize any (b) in the case of a school or groups of schools specified in the Second Schedule to this Order be vested in a trustee or trustees incorporated under Provided that a board may retain on account at its immediate disposal such funds as are necessary for the day to day administration of the school or (2) Suits by or against a board to which this paragraph refers, or any school or groups of schools administered by such a board, shall be entered into in the name of the the 14. Manner of dealing with property of schools (1) Subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and any conditions upon which any endowment or donation shall deal with any property transferred to him under paragraph 13 of this Order in accordance with the Public Trustee Act (Cap. 168) and any other trustee or trustees to whom this Order refers shall deal with the property for the time being vested in them and
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63 [Issue 1] (2) Where any item of movable property has been provided for the purpose of a school by the Government of Kenya, or purchased out of grants made to such school out of public funds, the Minister may after consultation with and with the concurrence of the Board of Governors of such school, direct that such item shall be transferred from such school to another school and such item shall thereupon cease to be the property of that Every school or group of schools shall be governed by a Board in accordance with the provisions of the Act, the Teachers Service Commission Act, 1966 (Cap. 212), any rules Provided that a Code of Management approved by the Minister for any school or group of schools specified in the Second Schedule shall provide for the maintenance of Where by or under the Order the former Board of Governors of any school is revoked and a new Board of Governors is established, all work authorized and all contracts, suits, actions and legal proceedings entered into and all rights, liabilities and engagements incurred by the former Board of Governors shall vest in, attach to and be enforced, carried on and prosecuted by or against the New Board of Governors and no suit, action or proceedings shall abate or be discontinued or prejudicially affected by the revocation of 17. Trade unions to be recognized by Board A Board may enter into an agreement for recognition with any trade union competent to negotiate terms and conditions of service for and on behalf of any section of the to negotiate terms and conditions of service for and on behalf of any section of the 18. Determination of questions Any question arising as to the construction of this Order or as to the regularity or
()N. 206/1973, o. 2, L.N.34/1977, o. 2, L.N. 137/1980, o. 2, L.N.
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Jamhuri High School.
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65 [Issue 1] Upper Hill School. Koelel Secondary School.
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Kenya Science Teachers College.
[Section 3(3),L.N. 137/1980, s. 2 L.N. 122/1981, o. 2, L.N 45/1983, o. 2.] [Rev. 2012] CAP. 211
67 [Issue 1] Mumias Girls Secondary Vocational School for the Deaf Port Reitz School for the Physically Handicapped. Mombasa The Loreto Convent, Limuru. St. Augustine’s College, Eregi.
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Limuru Girls’ School. Njumbi Secondary School. St. Joseph’s Secondary School, Githunguri.
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69 [Issue 1] Friend’s School Kamusinga.
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Mosoriot Teachers’ College.
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71 [Issue 1] Strathmore College.
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Salvation Army School for the Blind, Mombasa.
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73 [Issue 1] REGULATIONS UNDER SECTION 12(2) 1. These Regulations may be cited as the Education (Board of Governors) (Administration) Regulations, 1969.ons, 1969.Supra.] 2. In these Regulations, “Board of Governors” means a Board of Governors Where an administrator of a school is appointed by the Minister in accordance with the (a) all the powers and duties of the Board of Governors of the school shall be (b) all works authorized and all contracts, action and legal proceedings entered into and all rights, liabilities and engagements incurred by the Board of Governors of the school shall vest in, attach to and be enforced, carried on and prosecuted by or against the administrator; (c) the signature of the administrator on any document shall have effect as though it were the signature of a person or persons authorized by the Board Where an administrator is withdrawn by the Minister, all the powers and duties exercised and carried out by the administrator shall thereupon be exercised by the Board of Governors and all works authorized and all contracts, actions and legal proceedings entered into and all rights, liabilities and engagements incurred by the Board of Governors, or by the administrator, shall revert to and shall thereupon vest in, attach to
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75 [Issue 1] ORDERS UNDER SECTION 5 1. This Order may be cited as the Education (Entrustment of Functions to Local (1) The functions with respect to primary education specified in subparagraph (2) of (2) The functions with respect to primary education within the area of jurisdiction of (a) the preparation and submission to the Minister for approval of plans for the establishment or closure of a primary school and no establishment or closure of a primary school shall take effect until the Minister has given his (b) preparation of estimates of revenue (c) the receipt of subventions or grants-in-aid from public funds as may be approved by the Minister with the agreement of the Minister responsible for (d) the administration of funds set aside for education purposes in accordance with such estimates as may be approved by the Minister with the agreement (e) the receipt of school fees; (f) the preparation of plans for the promotion or development of education in the area over which the local authority has jurisdiction and carrying out such (g) the provision of school equipment to Provided that the Minister may direct that a local authority shall only procure equipment from a specified source and may specify the manner in which (h) the management of any public school in its area of jurisdiction; (i) the administration of bursaries for secondary education in accordance with rules made under the Act, and with estimates approved by the Minister (j) the submission to the Minister of such returns, reports and information as he may from time to time require; and (k) any other matters that may be prescribed in regulations made under the Act. (1) The functions with respect to primary education specified in subparagraph (2) of this paragraph are hereby entrusted to the local authorities specified in the Second (2) The functions with respect to primary education within the area of jurisdiction of (a) administering of bursaries for secondary education in accordance with regulations made under the Act, and with estimates approved by the Minister responsible for Local Government after consultation with the
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(b) giving of material or rendering of financial assistance to any schools within (c) dealing with any other matters that may be prescribed in regulations made Notwithstanding the provisions of subparagraph (2) of paragraph 2 and subparagraph 2 and paragraph 3 of this Order, no local authority shall be entrusted with any function The Hill School, Eldoret; Kitale Primary School; Nyeri Primary School. The Minister may appoint a public officer to serve as a Principal Education Officer or Assistant Education Officer in respect of the local authorities specified in the First Provided that the Minister may with the agreement of the Minister responsible for Local Government require any local authority specified in the First Schedule to appoint a The Education (Entrustment of Functions to Local Authorities) Order, 1968 (L.N.
()Eldoret Municipal Council. Kisumu Municipal Council. Kitale Municipal Council. Thika Municipal Council. Mombasa Municipal Council.
[Paragraph 3(1).] County Council of Busia.
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77 [Issue 1] County Council of Olkejuado.
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79 [Issue 1] REGULATIONS UNDER SECTION 22 1. These Regulations may be cited as the Education (Local Entry Fees for Examinations) The local entry fees specified in the second column of the Schedule shall be payable by candidates on entering for examinations specified in the first column of the Schedule, and in the case of examinations set outside Kenya, shall be additional to the fees charged The Education (Local Entry Fees for Examinations) Regulaitons (Cap. 211, Sub. Leg.)
First Column Second Column 1. Certificate of Primary Education— School Candidates ……………………………………………………….. Sh. 10 per Candidate. Private Candidates ……………………………………………………….. Sh. 20 per Candidate. 2. Kenya Junior Secondary Examination— School Candidates ……………………………………………………….. Sh. 20 per Candidate. Private Candidates ……………………………………………………….. Sh. 40 per Candidate. Teachers (P3) Part Entry ………………………………………………. Sh. 20 per Candidate. 3. Pre-Technicians Examination— School Candidates ……………………………………………………….. Sh. 100 per Candidate. 4. Joint Examination for the East African Certificate School Candidates from “Approved Schools” …………………… Sh. 50 per Candidate. Other School Candidates and Private Candidates …………….. Sh. 100 per Candidate. Transfer Fee ………………………………………………………………… Sh. 10 per Candidate. Oral English………………………………………………………………….. Sh. 5 per Candidate. Home Science Practicals ………………………………………………. Sh. 10 per Candidate per 5. East African Advanced Certificate of Education— School Candidates ……………………………………………………….. Sh. 50 per Candidate. Private Candidates ……………………………………………………….. Sh. 100 per Candidate. Transfer Fee…………………………………………………………………. Sh. 10 per Candidate. 6. University of London External General Certificate of Education and “O” and “A” Level Examinations of other School Candidates ……………………………………………………….. Sh. 10 per subject where not more than two subjects are Sh. 50 where more than two subjects are taken at Ordinary
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First Column Second Column Sh. 20 per subject where not more than two subjects are Sh. 60 where more than two subjects are taken at Private Candidates ……………………………………………………….. Sh. 80 per Candidate for Ordinary and Advanced Sh. 20 for each Practical test. Late Entry Fee ……………………………………………………………… Sh. 50 per Candidate. 7. University of London External Degree Examinations …………. Sh. 100 per Candidate. 8. Oversea Commercial and Institutional Examinations (Royal Society of Arts, London Chamber of Commerce, Institute of Book-keepers and other similar bodies) …………………………… Sh. 15 per Candidate. 9. National Council of Domestic Studies Examination …………… Sh. 25 per Institution.
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81 [Issue 1] 1. These Regulations may be cited as the Education (School Discipline) Regulations, A pupil may be suspended from attendance at a school by the Head Teacher of the school or a teacher acting in that capacity, if his language or behaviour is habitually or continually such as to endanger the maintenance of a proper standard of moral and social conduct in the school, or if any single act or series of acts subversive of discipline is (1) A pupil who has been suspended by the Head Teacher or teacher acting in that capacity shall not be allowed to attend classes and will be required to be physically away from the school precincts until he is informed of the outcome of his case by the Head (2) The fact of the suspension shall be conveyed directly to the parent or legal (1) The Head Teacher or teacher acting in that capacity shall, within fourteen days of (2) The Board of Governors shall, after considering the report, recommend to the Director of Education through the Provincial Director of Education responsible for the area in which the school is situated, punishment other than corporal punishment which in the in which the school is situated, punishment other than corporal punishment which in the 5. The Director of Education may, after considering the recommendations of the Board, (a) confirm the suspension and order the expulsion of the pupil, in which case the pupil shall not be readmitted to a maintained or assisted school without (b) confirm the suspension and determine the conditions on which the pupil (c) terminate the suspension. In cases of mass indiscipline involving the whole or part of the student body, the head teacher or teacher acting in that capacity may declare the school closed and the students (1) As soon as possible after closure of the school, the Head Teacher or teacher acting in that capacity shall report the matter to the Board of Governors who shall, within (2) The Board of Governors shall submit their report on the matter to the Director of Education through the Provincial Director of Education responsible for the area in which Education through the Provincial Director of Education responsible for the area in which 8. The Director of Education may, after considering the report of the Board of Governors (a) confirm or terminate the suspension of all or any of the pupils; or
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(b) determine the conditions on which all or any of the pupils are to be re- (c) order the expulsion of any pupil from the school. consideration of his age and progress, the Director of Education is of the opinion that it is The Board of Governors of a school may make administrative rules appertaining to the discipline of pupils and may prescribe appropriate punishment other than corporal
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83 [Issue 1] ORDER UNDER SECTION 28 1. This Order may be cited as the District Education Boards Order, 1972. 2. There is hereby established a District Education Board for each district. 3. Each board shall have jurisdiction in respect of all maintained and assisted primary
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85 [Issue 1] REGULATIONS UNDER SECTION 33 1. These Regulations may be cited as the District Education Boards Regulations, 1973. 2. Not less than thirty days’ notice shall be given prior to the date of an ordinary meeting (2) The agenda for a special meeting shall be circulated at the same time as the notice calling the meeting, and no matter shall be discussed at a special meeting unless it The closure of any discussion may be moved by any member and, if accepted by the (1) The chairman shall not accept a motion unless it is proposed by a member and (2) Each member shall have one vote, and, in the event of an equality of votes, the Two-thirds of the total number of members of a Board shall constitute a quorum for a Provided that no business shall be transacted at such meeting unless the chairman and at least two of the members appointed under paragraph (c), and at least two appointed under paragraph (d), of section 29(1) of the Act are present. The minutes of each meeting shall be kept by the secretary and shall send two copies At every meeting, and before proceeding with any other business, the chairman shall request the confirmation of the minutes of the previous meeting and shall have such (a) the names of all persons attending the meeting and those absent; (b) all information supplied during the meeting, copies of all papers, other than (c) all decisions reached by the board and all recommendations made by it. (2) Opinions expressed by individual members shall not be recorded unless the No person, other than a member and those for whom provision is made in section Approval of financial estimates and authorization of expenditure shall be by a The Board shall ensure that such records are kept in respect of teachers in the
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(a) show the existing number of schools, classes, teachers and pupils; (b) include estimates of financial expenditure for the year to which the plan (c) include a forecast of expenditure for the year following. that helps in the promotion of education and maintenance of standards within its area of jurisdiction.
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87 [Issue 1] 1. Citation. 2. Committee members. 3. Approval of appointments. 4. Appointment of chairman. 5. Secretary to the committee. 6. Members of staff. 7. Terms of service. 8. Functions of committee. 9. Frequency of meetings. 10. Functions of a committee, procedure at meetings of committee. 11. Minutes. 12. Absenteeism. 13. Replacement of members. 14. Revocation of appointment. 15. Appeals. 16. Revocation.
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1. Citation These Regulations may be cited as the Education (School Committees) Regulations, Every school committee established by a District Education Board or a Municipal Council for a primary school under section 9(1) of the Act shall consist of the following (a) seven persons elected by the parents whose children are at the school; (b) three persons nominated by the sponsor to the school where a sponsor has been appointed under section 8(1) of the Act; or where a school has no sponsor, three persons appointed by the Chairman and Secretary of the District Education Board or the Municipal Education Committee as the case may be, from among persons dedicated and experienced in the field of (c) two persons appointed by the Chairman and Secretary of the district who need not be members of the District Education Board or Councillors of All appointments under these Regulations, except any appointment made by the chairman and the Secretary of the District Education Board or the Municipal Education committee as the case may be, shall be forwarded to the Chairman and the Secretary of 4. Appointment of chairman The headmaster of the school shall be Secretary to the Committee and shall attend all Subject to regulation 5 to these Regulations, no member of the staff of a school may Each member of a committee shall serve for a minimum period of one year and a (a) to advise the Chairman and Secretary of the District Education Board or the Municipal Education Committee as the case may be, on matters affecting the general interest of the school and the welfare of the pupils; (b) to collect and account for any funds accruing to the school approved by the
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89 [Issue 1] (c) in respect of a sponsored school, to maintain reasonable religious traditions (d) to advise the Chairman and the Secretary of the District Education Board or the Municipal Education Committee as the case may be, on the staffing (e) to provide building, including houses and furniture, from funds collected by the committee after approval by the District Education Board or the (2) The chairman may convene a special meeting of the committee at any time and (2) In the absence of the chairman at any meeting of a committee, the members present shall elect a chairman from amongst themselves for that meeting only and such (3) Questions before a committee shall be decided by the votes of a majority of the members present and voting and in the case of an equality of votes the chairman shall Minutes shall be kept of the proceedings at every meeting of a committee and a copy of the minutes shall be sent to the Secretary of the District Education Board or the Where any member of a committee absents himself from two consecutive meetings of the committee without a reasonable excuse, such member shall be deemed to have If any member of a committee dies, or retires from membership thereof, or is deemed to have resigned from the committee, a new member shall be appointed in his place for the remainder of the term of office of the member who died, retired or resigned by the 14. Revocation of appointment The appointment of any member may be revoked by the appointing authority in a letter addressed to the member informing him of such revocation of appointment, and the appointing authority shall thereupon proceed to appoint a new member under regulation 13 Any party aggrieved by an action or decision taken under regulation 8 of these Regulations shall have the right to appeal to the District Education Board or Municipal Council, as the case may be, in the first instance and may thereafter appeal to the Minister, through the Provincial Education Officer, whose decision shall be final in so far as any rights under any law are not adversely affected by such action or decision.
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91 [Issue 1] Order 1. Citation. 2. Interpretation. 3 Establishment of the Board of Governors. 4. Membership of Board of Governors. 5. Tenure of office of Governors. 6. Vacancies on the Board 7. Alternate governors. 8. Interest in College property. 9. Governor not personally liable. 10. Meetings and procedure. 11. Finance and General Purposes Committee. 12. Board to govern according to certain laws. 13. Appointment of non-teaching staff. 14. Staff seconded to the College. 15. Dismissal of staff. 16. General directions of the College. 17. Admission and exclusion of students. 18. Estimates. 19. Expenditure 20. Accounts. 21. Income. 22. Raising of funds. 23. Unexpended balance. 24. Fees. 25. Vesting of property inboard. 26. Custody of common seal. 27. Minister to determine validity, etc.
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PART I – PRELIMINARY 1. Citation This order may be cited as the Education (Board of Governors) (Kenya Technical means the Principal or Head of the College; “College Project Agreement” means the Memorandum of Understanding entered into and dated and made between the Government of Canada and the Republic of Kenya on and for co-operation in the field of technical teachers’ training; “University of New Brunswick/Canadian International Development Agency means the Agreement entered into between the Canadian International Development Agency and the University of Brunswick whereby the University will, on behalf of the Government of Canada, provide professional and technical services to There is hereby established a Board of governors to be known as the Board of Governors of Kenya Technical Teacher’s College which is hereby declared to be a body corporate in the name of the Board and shall have perpetual succession and a common (a) a chairman appointed by the Minister; (b) one person nominated by each of the following bodies and appointed by the the National Industrial Training Council; the National Council of Technical and Technology; the University of Nairobi; the Kenya Secondary School Heads Association; the Kenya National Union of Teachers;
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93 [Issue 1] the Kenya Institute of Education; the Association of Principals (c) not more than three persons appointed by the Minister to represent other (d) not more than three persons co-opted by the Board; (e) the Director of Education or his representative of the Ministry of Education (f) the Permanent Secretary responsible for matters relating for Education or his representative of the Ministry of Education, who shall be an ex officio (g) one person appointed by the Canadian High Commission during the (h) one person appointed by or on behalf of the University of New Brunswick during the effective period of University of New Brunswick/Canadian (2) The Board shall appoint a paid or unpaid secretary who may, but need not, be a (3) Neither the principal nor any member of the staff of the College may be a member of the Board but the Principal shall submit items of business for discussion by the Board and may attend the meetings of the Board except when the Board shall otherwise and may attend the meetings of the Board except when the Board shall otherwise 5. Tenure of office of governors (1) The governors shall hold office for a period of three years, provided that the Minister may make provision for the rotational retirement of governors at the end of each (2) The governors shall be eligible for re-appointment on retirement. (1) Every vacancy on the Board shall be notified at once to the appointing authority as (2) Any governor who is absent from all meetings of the Board during a period of one year, or who is incapacitated from acting, or who is adjudicated bankrupt, or who communicates in writing to the Board his wish to resign, shall thereupon cease to be a A governor shall have the right to nominate anotand speak in his place at any meeting which he is himself unable to attend. 8. Interest in College property Except in special circumstances, and with the written approval of the Minister, no governor shall acquire or hold any interest in any property belonging to the College, or No governor shall be subject to any personal liability in respect of any matter or any
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(1) The Board shall hold at least three ordinary meetings each year, and a special meeting may be summoned by the chairman on his own volition or at the written request of any three governors, provided that two clear weeks notice of any meeting and of the (2) The quorum at any meeting shall be onematter shall be determined by a majority of the members present at any meeting and (3) In the absence of the chairman at any meeting, the governors present shall elect in case of a tie in voting. (5) Any meeting may be adjourned by resolution and, if a sufficient number of (6) Any resolution of the Board may be rescinded or varied at a subsequent meeting if (7) The Board may invite persons who are not members of the Board to attend any meeting thereof, but no such person shall be entitled to vote on any matter or, except so (8) Except for any document which may be required by law to be sealed, any document made or to be used by the Board may be executed and any decision of the Board may be signified, under the hand of the chairman or of any member or officer of the (1) There shall be a body to be known as the Finance and General Purposes Committee which shall consist of the chairman of the Board and not less than four and not (a) to give close guidance to the princi (b) to take such decisions or actions as would accelerate the execution of the (c) to do anything which the Board shall require to be done by the Committee; (d) to consider and authorize any financial transactions or development (3) The proceedings of any meeting of the Committee shall be reported to the Board (4) The Principal shall be one of the members of the Finance and General Purposes Committee appointed under subpar(5) The chairman of the Board shall be the chairman of the Finance and General (6) The members of the Finance and General Purposes Committee shall have the
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95 [Issue 1] (a) the provisions of the Education Act (Cap. 211) and of any rules and (b) the Teachers Service Commission Act (Cap. 212) on all matters relating to (c) the provisions of this Order. The Board shall, with the consent of the Minister, appoint suitable non-teaching staff (1) The Board shall administer and control all staff seconded for service at the (2) The Board may, by a resolution passed by at least two-thirds of the governors present and voting at a special meeting convened for that purpose, request the Minister to The Board shall not decide on a proposal to dismiss any person employed by the Board or to terminate his contract, or to request the Minister to terminate the secondment of any person seconded for service at the College, on grounds of misconduct or grave professional default, until the person concerned has been given an opportunity to appear in person before the Board, and the person so appearing may be accompanied by one (1) Subject to the provisions of paragraph 14 of this Order and to the Minister’s power to determine the general education character of the College and its place in the educational system of Kenya, the Board shall have the general direction of the conduct and curriculum at the College. Provided that nothing shall be done or resolved which contravenes the terms of any agreement entered into by the Government with respect to submitted formally to the Board and the Minister shall be furnished with a copy thereof at (3) Subject to any provisions of this Order, the Principal shall control the internal organization, management, and discipline at the College, shall supervise the staff, and shall be personally responsible to the Board for fostering and maintaining proper and (4) There shall be regular consultation between the Principal and the Director of (5) The Principal shall make such arrangements as may be adequate and suitable for
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The admission and exclusion of students to or from the College shall be regulated by The Board shall prepare annual estimates of revenue and expenditure in such form The Board may incur expenditure for the purposes of the College in accordance with 20. Accounts The principal shall control the day-to-day expenditure connected with the running of the College and shall present accounts, including an annual audited accounts, of such The Board shall receive any fees payable by, or in respect of students, all grants made out of public funds, whether for capital or revenue purposes, and any subscription, 22. Raising of funds (1) The Board may, with the approval of the Minister and subject to any restriction imposed by law, appeal to the general public for subscriptions, donations or bequests for (2) Where the Minister at the request of the Board, authorizes the Board to raise a loan for the benefit of the College, the Board shall make arrangements for the raising of the loan and shall ensure that proper provisions are made for the payment thereof and of Any balance of income which is unexpended in any year may be carried forward to the accounts of the College to the next financial year and the Board may make proposals for the final disposal of the unexpended balance which shall be at the discretion of the Minister, who may take such balances into account when assessing the following year’s The Board shall, subject to any matter prescribed in the Act, with the approval of the Minister, determine the scales of fees payable by or in respect of students at the College All such movable and immovable property, shares, funds, and securities as may from time to time become the property of the Board, shall be in the name of the Board of Governors of Kenya Technical Teachers College and shall be dealt with in such manner as the Board may from time to time determine, subject to the conditions upon which any
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97 [Issue 1] grants are made from public funds for capital or recurrent purposes and the conditions upon which any endowment, bequest, or donation is made for any purpose connected Provided that the Board shall not dispose of any property without the consent of the The common seal of the Board shall be in the custody of the Principal of the College and shall be signified by the chairman of the Board or such other governor as the Board Any question arising as to the construction of this Order or as to the regularity or validity of any act done, or about to be done, hereunder shall be determined conclusively
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99 [Issue 1] Order 1. Citation. 2. Interpretation. 3 Establishment of the Board of Governors. 4. Membership of Board of Governors. 5. Tenure of office of governors. 6. Vacancies on the Board. 7. Alternate governors. 8. Interest in College property. 9. Governor not personally liable. 10. Meetings and procedure. 11. Finances and General Purposes Committee. 12. Board to govern according certain laws. 13. Appointment of non-teaching staff. 14. Staff seconded to the College. 15. Dismissal of Staff. 16. General directions of the College. 17. Admission and exclusion of students. 18. Estimates. 19. Expenditure. 20. Accounts. 21. Income. 22. Raising of funds. 23. Unexpended balance. 24. Fees. 25. Vesting of property in Board. 26. Custody of common seal. 27. Minister to determine validity, etc.
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/1979, Corr. No. 57/1979.] PART I – PRELIMINARY 1. Citation This Order may be cited as the Education (Board of Governors) (Kenya Science means the Kenya Science Teachers College; means the Principal or Head of the College; means a person who is undergoing training at the College. There is hereby established a Board of governors to be known as the Board of Governors of Kenya Science Teachers College which is hereby declared to be a body corporate in the name of the Board and shall have perpetual succession and a common (a) a chairman appointed by the Minister; (b) one person appointed by the Minister and nominated by each of the (i) the National Council for Science and Technology; (ii) the University of Nairobi; (iii) the Kenya Institute of Education; (iv) the Kenya National Union of Teachers; (v) the City Council of Nairobi; (vi) the Teachers Service Commission; (vii) the National Academy of Science and Arts; (viii) the Kenya Secondary Schools Heads Association; (ix) the National Libraries Association; (c) not more than three persons appointed by the Minister to represent other (d) not more than three persons co-opted by the Board; and (e) the Permanent Secretary, Ministry of Education or his representative, who
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101 [Issue 1] (2) The Board shall appoint a paid or unpaid secretary who may, but need not, be a (3) Neither the Principal nor any member of the staff of the College may be a member of the Board but the principal shall submit items of business for discussion by the Board and may attend the meetings of the Board except when the Board shall otherwise [L.N. 166/1979, o.2, Corr. No. 57/1979.] (1) The governors shall hold office for a period of three years and the Minister may make provision for the rotational retirement of governors at the end of each calendar year. (1) Every vacancy on the Board shall be notified at once to the appointing authority as (2) Any governor who is absent from all meetings of the Board during a period of one year, or who is incapacitated from acting, or who is adjudicated bankrupt, or who communicates in writing to the Board his wish to resign, shall thereupon cease to be a Any governor shall have the right to appoint an alternate with full powers to act, vote and speak in his place at any meeting which he is himself unable to attend. 8. Interest in College property Except in special circumstances, and with the written approval of the Minister, no governor shall acquire or hold any interest in any property belonging to the College, or receive any remuneration, or be interested in any contract in which the College is No governor shall be subject to any personal liability in respect of any matter or (1) The Board shall hold at least three ordinary meetings each year, and a special meeting may be summoned by the chairman on his own volition or at the written request of any three governors, provided that two clear weeks notice of any meeting and of the (2) The quorum at any meeting shall be onematter shall be determined by a majority of the members present at any meeting and (3) In the absence of the chairman at any meeting, the governors present shall elect (4) The chairman shall have an original vote and a casting vote in case of a tie in (5) Any meeting may be adjourned by resolution and, if a sufficient number of
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(6) Any resolution of the Board may be rescinded or varied at a subsequent meeting if (7) The Board may invite persons who are not members of the Board to attend any meeting thereof, but no such person shall be entitled to vote on any matter, or except so (8) Except for any document which may be required by law to be sealed, any document made or to be used by the Board may be executed and any decision of the Board may be signified under the hand of the chairman or of any member or officer of the (1) There is hereby established a body to be known as the Finance and General Purposes Committee which shall consist of the chairman of the Board and not less than (a) to give close guidance to the princi (b) to take such decisions or actions as would accelerate the execution of the (c) to do anything which the Board shall require to be done by the Committee; (d) to consider and authorize any financial transactions or development (3) The proceedings of any meeting of the Finance and General Purposes Committee (4) The principal shall be one of the members of the Finance and General Purposes Committee appointed under subparagraph (1) and shall also be secretary to the (6) The members of the Committee shall have the same terms of office as members (a) the provisions of the Education Act (Cap. 211) and of any rules and (b) the Teachers Service Commission Act (Cap. 212)on all matters relating to (c) the provisions of this Order. The Board shall, with the consent of the Minister appoint suitable non-teaching staff on and control all staff seconded
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103 [Issue 1] (2) The Board may, by a resolution passed by at least two-thirds of the governors present and voting at a special meeting convened for that purpose, request the Minister to The Board shall not decide on a proposal to dismiss any person employed by the Board or to terminate his contract, or to request the Minister to terminate the secondment of any person seconded for service at the College, on grounds of misconduct or grave professional default, until the person concerned has been given an opportunity to appear in person before the Board, and the person so appearing may be accompanied by one (1) Subject to the provisions of section 14 of this Order and to the Minister’s power to determine the general education character of the College and its place in the educational system of Kenya, the Board shall have the general direction of the conduct and curriculum at the College, provided that nothing shall be done or resolved which contravenes the terms of any agreement entered into by the Government with respect to the College which submitted formally to the Board and the Minister shall be furnished with a copy thereof at (3) Subject to any provisions of this Order, the Principal shall control the internal organization, management, and discipline at the College, shall supervise the staff, and shall be personally responsible to the Board for fostering and maintaining proper and (4) There shall be regular consultation between the Principal and the Director of (5) The principal shall make such arrangements as may be adequate and suitable for The admission and exclusion of students to or from the College shall be regulated by The Board shall prepare annual estimates of revenue and expenditure in such form The Board may incur expenditure for the purposes of the College in accordance with 20. Accounts The Principal shall control the day to day expenditure connected with the running of the College and shall present accounts, including an annual audited accounts, of such
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The Board shall receive any fees payable by, or in respect of students, all grants made out of public funds, whether for capital or revenue purposes, and any subscription, 22. Raising of funds (1) The Board may, with the approval of the Minister and subject to any restriction imposed by law, appeal to the general public for subscriptions, donations or bequests for (2) Where the Minister, at the request of the Board, authorizes the Board to raise a loan for the benefit of the College, the Board shall make arrangements for the raising of Any balance of income which is unexpended in any year may be carried forward to the accounts of the College to the next financial year and the Board may make proposals for the final disposal of the unexpended balance which shall be at the discretion of the Minister, who may take such balances into account when assessing the following year’s The Board shall, subject to any matter prescribed in the Act, with the approval of the Minister, determine the scales of fees payable by or in respect of students at the College All such movable and immovable property, shares, funds, and securities as may from time to time become the property of the Board, shall be in the name of the Board of Governors of Kenya Science Teachers College and shall be dealt with in such manner as the Board may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any endowment, bequest, or donation is made for any purpose connected Provided that the Board shall not dispose of any property without the consent of the The common seal of the Board shall be in the custody of the principal of the College and shall be signified by the chairman of the Board or such other governor as the Board Any question arising as to the construction of this Order or as to the regularity or validity of any act done, or about to be done, hereunder shall be determined conclusively
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105 [Issue 1] Order 1. Citation. 2. Interpretation. 3. Establishment and functions of the Institute. 4. Council of the Institute. 5. Tenure of office. 6. Meeting and procedure of the council. 7. Director and staff of the Institute. 8. Finance. 9. Annual accounts, etc.. 10. Vesting of property in the council. 11. Finance and general purposes committee. 12. Other committees. 13. Determination of questions.
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PART I – PRELIMINARY 1. Citation This Order may be cited as the Education (Kenya Institute of Special Education) means the Kenya Institute of Special Education established under (1) There shall be established an Institute to be known as the Kenya Institute of Special Education which shall be charged with the responsibility of carrying out the (a) to conduct teacher training courses for teachers in various fields of the (b) to conduct in-service courses for personnel working in all fields of special (c) to prepare and conduct correspondence courses for personnel in the field of (d) to run an educational and psychological assessment centre for the training (e) to run an orientation and mobility centre for training and demonstration (f) to run a model training unit for the integration of handicapped children into regular schools; (g) to run a pre-school department where training and the stimulation of young (h) to function as a resource centre for the production and dissemination of (i) to run a documentation and resource centre on handicaps; (j) to conduct research in special education; (k) to maintain, repair, design, produce and assemble special materials and (1) There shall be a council to be known as the Council of the Kenya Institute of Special Education which shall have the responsibility of managing the Institute in
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107 [Issue 1] (a) a chairman appointed by the Minister; (b) the Permanent Secretary of the Ministry for the time being responsible for (c) the director of education for the time being responsible for special (d) the secretary to the Teachers Service Commission; (e) the Director of the Kenya Institute of Education; (f) the Commissioner of Social Services; (g) the secretary to the Examinations Council; (h) the Director of Information; (i) the Director of Medical Services; (j) one person nominated by each of the following bodies and appointed by the (i) the Senate of the Xenyatta University; (ii) the Kenya National Union of Teachers; (iii) the Kenya Society for the Mentally Handicapped; (iv) the Kenya Society for the Blind; (v) the Kenya Society for the Deaf; (vi) the Association for the Welfare of Physically Disabled; (vii) the Federation of Kenya Employers; (k) two persons representing the Union of (l) three persons representing the religious organizations operating in Kenya. (1) Subject to subparagraph (2) the members of the council shall hold office for a (2) The council may make provision for rotational retirement of a number of its (3) A member of the council may resign his office by writing under his hand addressed (a) becomes bankrupt or compounds with his creditors; (b) is absent horn all the meetings of the council, unless he is on leave. (1) The council shall hold an ordinary meeting at least three times in each year and special meeting within twenty-eight days of a requisition for that purpose addressed to him (3) The chairman shall give two weeks notice to all the members of any meeting and
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votes of the members present (7) In the absence of the chairman from a meeting of the council, the council shall elect one of the members present at the meeting to be the chairman of that particular (8) All documents made by, and all decisions of, the council may be signified under (1) The council shall, with the approval of the Minister, appoint a director of the (2) The council shall appoint suitable professional and supporting staff. (3) The power of the council to appoint staff shall include the power to approve (4) The council may, by resolution passed not less than two thirds of the members present and voting at a special meeting convened for the purpose, request the termination of the secondment of any person seconded to the service of the council under (5) No final decision to dismiss a person employed by the council or to terminate his contract, or to request the termination of the secondment of a person seconded to the service of the council on grounds of misconduct, grave professional default or inefficiency shall be reached until the person has been given the opportunity to appear in person (1) The council shall prepare annual estimates of revenue and expenditure, in such (2) The council may incur expenditure for the purpose of the Institute in accordance with estimates which have been approved by the Minister, and any approved expenditure under any head of the estimates may not be exceeded without prior approval of the (3) The council shall receive all grants made out in public funds, whether for capital or (4) Nothing in this Order shall affect the terms and conditions upon which any grant (5) The council may, with the approval of the Minister and subject to any restriction imposed by law, appeal to the general public for subscriptions, donations or bequests for (6) The director of the Institute shall contthe running of the Institute, and shall present an account of the expenditure to the finance and general purposes committee which shall take the necessary action on behalf of the council. (7) The council may, with the approval of the Minister, pay all expenses connected with the Institute, including the salaries of the directors of the institute and those of the other staff; but the personal emoluments of persons seconded to the service of the council under paragraph 12(3) shall, in the first instance, be paid by the seconding authority and may be recovered from the council.
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109 [Issue 1] (8) Any unexpended balance of a grant may be carried forward in the accounts of the (1) The council shall furnish the Minister with a certified copy of the audited annual statement of accounts and such other information about the revenue, expenditure, assets (2) The council shall be responsible for making arrangements to raise any loan which the Minister may, at the request of council authorize the council to raise for the purpose of the Institute and shall ensure that proper provision is made for the repayment thereof and payment of all interest and other charges thereon in accordance with any Order made by All such immovable property, shares, fund and securities as may from time to time become the property of the council shall be in the name of the Council of the Kenya Institute of Special Education and shall be dealt with in such manner as the council may from time to time determine subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any Provided that the council shall not dispose of any property without the consent of (1) There shall be a committee of the Institute to be known as the finance and general purposes committee which shall consist of not less than five and not more than ten (a) to give close guidance to the director of the Institute on the implementation of the decisions made by the council; (b) to take such decisions or actions as would accelerate the execution of the (c) to consider and authorize any financial transactions or development proposals on behalf of the council; (d) to do anything which the council shall require to be done by the committee. (3) The proceedings of any meeting of the committee shall be reported to the council (4) The director of the Institute shall be one of the members of the committee appointed under subparagraph (1) and also be secretary to the committee. (6) The members of the committee shall have the same term of office as members of
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Without prejudice to Part IV, the council may appoint any committee for any special purpose connected with the Institute and may vest in such committee such powers, other than the power to appoint a director for the Institute and expenditure, and functions and impose such rules of procedure as the council shall make, and the members of such committee may include, but shall not exclusively consist of, members who are councillors. 13. Determination of questions Any questions arising as to the construction of this Order or as to the regularity or validity of any act done or about to be done hereunder shall be determined by the Minister
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111 [Issue 1] Order 1. Citation. 2. Interpretation. 3. Establishment of Board. 4. Membership of Board. 5. Tenure of office of governors. 6. Vacancies on the Board. 7. Interest in property. 8. Governor not personally liable. 9. Meetings and procedure. 10. Representatives. 11. Executive committee. 12. Other committees. 13. Advisory panels. 14. Government of the Polytechnic. 15. Principal and staff. 16. Organization and curriculum. 17. Admission and exclusion of students. 18. Suspension of students. 19. 20. Vesting of Property in Board. 21. Determination of questions.
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PART I – PRELIMINARY 1. Citation This Order may be cited as the Education (Beard of Governors) (Eldoret Polytechnic) means the Board of Governors of the Eldoret Polytechnic established by means Eldoret Polytechnic and includes any hostel of the There is hereby established a board of governors to be known as Eldoret Polytechnic 4. Membership of Board (a) a chairman appointed by the Minister; (b) two persons appointed by the Minister to represent the religious community (c) one person nominated by each of the following bodies and appointed by the (i) the Raymond Woolen Mills; (ii) the Mumias Sugar Company; (iii) the Kenya Association of Manufacturers; (iv) the Central Organization of Trade Union (Kenya); (v) the senate of the Moi University; (vi) the Municipal Council of Eldoret; (vii) the Webuye Pan Paper Company; (viii) the Kenya Seeds Corporation; (ix) the East African Tanning and Extract Company; (x) the Kenya Creamery Co-operative;
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113 [Issue 1] (d) a person who is the chairman of an Advisory Panel set up under paragraph 13 (e) a person appointed by the Minister to represent secondary schools in (f) not more than three persons co-opted by Board. (2) The Board shall appoint a secretary who may be. a member of the Board. (3) Neither the principal nor any member of the staff of the polytechnic may be a Board and attend the meetings of the Board except when the Board shall otherwise Governors shall hold office for a period of three years and shall be eligible for re-appointment. (1) Every vacancy on the Board shall be notified at once to the appointing authority. (2) A governor who is absent from all meetings of the Board during a period of one year, or who is incapacitated from acting, or who is adjudicated a bankrupt, or who communicates in writing to the Board a wish to resign, shall thereupon cease to be a Except in special circumstances, with the approval in writing of the Minister, no governor shall acquire or hold any interest in any property belonging to the Polytechnic or receive any remuneration from, or be interested in, any contract in which the Polytechnic No governor shall be subject to any personal liability in respect of any matter or thing (1) The Board shall hold an ordinary meeting at least twice in each year; a special meeting may be summoned by the chairman, or shall be summoned by the chairman at the written request of any three governors; and two weeks notice shall be given to the (2) A quorum at any meeting of the Board shall be one-half of the members of the Board and, except as provided in paragraph 15(6), every matter shall be determined by a majority of the governors present and voting thereon. (3) In the absence of the chairman from any meeting the members shall elect one of (5) Any meeting may be adjourned by resolution and if a sufficient number of (6) Any resolution of the Board may be rescinded or varied at a subsequent meeting if
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(7) The Board may invite persons who are not members of the Board to attend any meeting thereof, but no such person shall be entitled to vote on any matter, or except so (8) Subject to paragraph 20(2) all documents made by the Board shall be executed, and all decisions of the Board shall be signified under the hand of the chairman or of any The following persons may appoint representatives who shall have a right to attend (i) the Minister; (ii) the Minister for the time being responsible for works; (iii) the Minister for the time being reasonable for labour; (iv) the Minister for the time being responsible for commerce and industry; (v) the Director of Personnel. (1) The Board may establish an executive committee, in which may be vested any of the powers and functions of the Board with respect to the Polytechnic other than the power to appoint a principal and the power to approve estimates of expenditure. (2) The executive committee may consider any matter, other than a matter vested in the executive committee under paragraph (1), for the purpose of submitting a report, with (3) The proceedings of any meeting of the executive committee shall be reported to (4) The executive committee shall consist of not less than four and not more than six (5) The chairman of the Board shall be an ex officio member of the executive (6) The executive committee shall appoin(7) The members of the executive committee shall be appointed annually and The Board may from time to time appoint any committee for any special purpose connected with the Polytechnic and may vest in such committee such powers, other than the power to appoint a principal and the power to approve estimates of expenditure, and functions and impose on it such rules of procedure as the Board may decide and the Provided that the chairman of the Board shall be an ex officio member of any such (1) The Board may appoint such Advisory Panels as it may consider necessary for the
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115 [Issue 1] (a) the organization of courses in a department or section of the Polytechnic; (b) the examinations for which students in such department or section should (c) requirements of industry and commerce both as regards the numbers of (d) arrangements for industrial or commercial experience during training; and (e) any other matter relating to such department or section. (3) The chairman of an Advisory Panel shall be appointed by the Board and may be a (4) The members of an Advisory Panel, other than the chairman, shall be appointed by the Board from among persons with relevant experience of industry and commerce or The Polytechnic shall be governed by the Board in accordance with the provisions of the Act and any rules and regulations made the thereunder, the Teachers Service (1) The Board shall appoint a principal of the Polytechnic. (2) The Board shall appoint, after taking into consideration the advice of the principal, (3) The power of the Board to appoint staff shall include the power to appoint persons (4) Every teacher shall be employed in accordance with terms of service approved by (5) The appointment and dismissal of the principal or of any member of the teaching (6) The Board may, by resolution passed by not less than two thirds of the Governors present and voting at a special meeting convened for the purpose, request the Minister or any other employer, as the case may be, to terminate the secondment of any person (7) No proposal to dismiss a person employed by the Board, or to terminate his contract, or to request the Minister or any other employer to terminate the secondment of a person seconded to the service of the Board, on grounds of misconduct or grave professional default, shall be decided until the person has been given an opportunity to (1) Subject to paragraph 14 and the Minister’s power to determine the general educational character of the Polytechnic and its place in the educational system of Kenya, the Board shall have the general direction of the conduct and curriculum of the
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held to be validly done or resolved if or to the extent that it contravenes the terms of any agreement entered into by the Government with respect to the Polytechnic in force at the (2) All proposals and reports affecting the policy and curriculum of the Polytechnic shall be submitted formally to the Board and the Minister shall be furnished with a copy thereof at least fourteen days before such proposals and reports are considered by the (3) Subject to this Order, the principal shall control the internal organization, management and discipline of the Polytechnic, shall exercise supervision over the teaching and non-teaching staff, and shall be personally responsible to the Board for fostering and maintaining high standards of conduct and endeavour among the staff and (4) There shall be full consultation at all times between the principal and the chairman of the Board and between the principal and the chief officer of the Ministry concerned with (1) Subject to the Act and any rules and regulations made thereunder, the Board shall regulate the admission and exclusion of students. (2) The principal may perform any of the functions under this paragraph subject to (1) The principal shall have power to suspend any student from attendance at the Polytechnic for any cause which he considers adequate and for a period not exceeding (2) Before the expiry of any period of suspension, the matter shall be reported by the principal to the Board or to any committee in which the powers of the Board in respect of (1) The Board shall prepare annual estimates of revenue and expenditure, in such (2) The Board may incur expenditure for the purposes of the Polytechnic in Provided that the approved expenditure under any head of the estimates may not (3) The Board shall receive all fees payable or in respect of students, all grants made out of public funds, whether for capital or revenue purposes, and any subscriptions, (4) Nothing in this Order shall affect the terms and conditions upon which any grant (5) The Board may with the approval of the Minister and subject to any restrictions, imposed by law, appeal to the general public for subscriptions, donation or bequests for (6) The principal shall control the day-to-day expenditure connected with the running, of the Polytechnic and shall present an account of that expenditure to the Board as and
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117 [Issue 1] (7) The Board shall pay all expenses connected with the Polytechnic including the Provided that the personal emoluments of any person seconded to the service of the Board by the Government or by any other employer under paragraph 15(3) shall, in the first instance, be paid by the Ministry or by such other employer and may, at the discretion of the Minister or such other employer, as the case may be, be recovered from (8) Any unexpended balance of grant may be carried forward in the accounts of the Polytechnic from one calendar year to the next and the Board may make proposals for the final disposal of such unexpended balance, which shall be at the discretion of the Minister, (9) The Board shall, subject to any matter prescribed under section 70 of the Act, or to the approval of the Minister, determine the scales of fees and hostel charges payable by or in respect of students at the Polytechnic and prescribe the conditions under which fees (10) The Board may, with the approval of the Minister, provide bursaries or scholarships to assist in the education, maintenance or transport of students who are undergoing courses of instruction at the Polytechnic and prescribe the conditions under (11) The Board shall furnish the Minister with a certified copy of the audited annual statement of accounts and such other information about the revenue, expenditure, assets (12) The Board shall be responsible for making arrangements to raise any loan which the Minister may, at the request of the Board, authorize the Board to raise for the purpose of the Polytechnic and shall ensure that proper provision is made for the repayment of all interest and other charges thereon in accordance with any order made by the Minister in (1) All movable and immovable property, shares, funds and securities which are now the property of, and which may from time to time become the property of, or be provided for the purposes of, the Board shall be in the name of the Board of Governors of the Eldoret Polytechnic and shall be dealt with in such manner as the Board may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the condition upon which any endowment, Custody of common seal.—The common seal of the Board shall be in the custody of the secretary of the Board and shall be signified by the chairman of the Board or such 21. Determination of questions Any question arising as to the construction of this Order or as to the regularity or
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119 [Issue 1] RS) (NON-TEACHING STAFF) 1. Citation. 2. Interpretation. 3. Appointment of non-teaching staff. 4. Terms and conditions of employment for non-teaching staff. 5. Employment of semi-professional by the Board. 6. Board to deal with claims and grievances. 7. Seconded staff. 8. Dismissal and termination of employment. 9. Determination of issues.
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RS) (NON-TEACHING STAFF) CHING STAFF) 1. Citation These Regulations may be cited as the Education (Board of Governors) (Non-“Board of Governors” means a board of Governors established under the means all employees of the Board of Governors who are not Each Board shall have the powers to manage the school, college or any other institutions for which it is established and for that purpose to engage, promote, demote or Persons belonging to a professional cadre and employed by the Board shall be employed on such terms and conditions of service similar to those recommended for The Board may appoint suitable semi-professional and subordinate staff, on such Where a claim or grievance arises from an employee of the Board, the Board shall deal with the claim or grievance exhaustively in accordance with the Employment Act (1) All members of staff seconded to the Board, shall be under the control of the (2) Notwithstanding the provisions of paragraph (1) the Board may, by a resolution passed by two-thirds of the Governors present and voting, at a special meeting, convened (1) The Board of Governors 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 (a) dismiss from employment any person employed by the Board;
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121 [Issue 1] (b) terminate a contract between the Board and its employees; (c) request the Minister to terminate the services of a person seconded to the on grounds of misconduct or grave professional default, until the person concerned has been given an opportunity to appear in pers(3) Subject to the provisions of paragraph (1) where a member of non-teaching staff is entrusted as an agent of the Minister 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 Minister shall direct the cause of Any issue arising as to the construction of these Regulations or on any act done or
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123 [Issue 1] Order 1. Citation. 2. Establishment. 3. Constitution of the Board. 4. Functions of the Board. 5. Procedures of the Board. 6. Quorum of the Board. 7. Vacancy of office. 8. Resolution of the Board. 9. Determination of disputes.
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1. Citation This Order may be cited as the Education (National Advisory Board) (Establishment) There is hereby established a Board to be known as the National Education Advisory (a) a chairman to be appointed by the Minister; (b) the Director of Education who shall be the secretary; (c) the Permanent Secretary, Ministry of Education; (d) the Director of Technical Training; (e) the Director of Adult Education; (f) the Director of Children’s Services; (g) the Secretary to the Commission for Higher Education; (h) the Chief Inspector of Schools; (i) the Executive Director of the Federation of Kenya Employers; (j) a representative of the Kenya Catholic Secretariat; (k) a representative of the Christian Churches Educational Association; (l) a representative of the Hindu Council of Kenya; (m) a representative of the Supreme Council of Kenya Muslims; (n) representatives from the Provincial Education Boards; (o) not more than five persons to represent other education interests, at least (2) Members of the Board referred to in paragraph (j) to (o) shall be appointed by the (a) to advise the Minister on the organization and curricula of schools and the (b) to initiate proposals on legislation affecting education; (c) to deliberate upon any matters affecting education submitted by any eight (d) to advise the Minister on all matters arising from the Provincial Education Boards which may be of general interest; (e) to receive grants or grants-in-aid from the public and disburse the same to (f) to submit to the Minister for approval national plans for the development or
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125 [Issue 1] (g) to superintend the management of public and private schools and advise the Provincial Education Boards and District Education Boards; (h) to submit such statistical, financial and other reports as the Minister may require; (i) to advise on and perform such other functions as the Minister may require. (1) The National Education Advisory Board shall meet not less than once a year and Provided that on receipt of a written requisition signed by eight members, the chairman shall within six weeks of such receipt summon a meeting of the Board. (2) It shall be the duty of the chairman to report to the Board the action taken on any The National Education Advisory Board shall at its first meeting decide the number of (a) upon his death; (b) if the Minister is satisfied that such a member is by reason of his physical or mental infirmity unable to execute the functions of his office; or (c) if the member submits his resignation in writing to the Minister through the A resolution at a meeting of the National Education Advisory Board shall require the affirmative votes of one half of the members present except the Chairman who shall have Any dispute relating to the interpretation of this Order shall be determined by the
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127 [Issue 1] 1. This Order may be cited as the Education (Provincial Education Boards (Establishment) Order, 1996. There is hereby established a Provincial Education Board for each province in Kenya to be known as the Provincial Educational Board which shall exercise jurisdiction over the (a) the Provincial Commissioner, who shall be chairman; (b) the Provincial Director of Education, who shall be secretary; (c) the Provincial Technical Training Officer; (d) the Provincial Director of Adult Education; (e) the Provincial Children’s Officer; (f) one person to represent the Permanent Secretary to the Minister of (g) one person to represent the Kenya Catholic Secretariat; (h) one person to represent the Hindu Council of Kenya; (i) one person to represent the Supreme Council of Kenya Muslims; (j) five persons to represent churches which are members of the Christian (k) not more than five other persons, being persons involved in matters relating
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129 [Issue 1] Order 1. Citation. 2. Interpretation. 3. Establishment and functions of Foundation. 4. Patron of Foundation. 5. Establishment of the Council. 6. Membership of the Council. 7. Tenure of office of members. 8. Meeting and procedure of the Council. 9. Managing Director and staff of the Council. 10. General management of the foundation. 11. Financial year. 12. Funds for the foundation. 13. Annual estimates. 14. Establishment of the Fund. 15. 16. Annual Accounts, etc. 17. Auditor. PART VII – PROPERTY OF THE FOUNDATION 18. Vesting of property in the Foundation. 19. Savings. 20. Finance and General Purposes Committee. 21. Performing Arts Fund Trustees. 22. Tenure, meetings and procedure of Trustees. 23. Chairman of Trustees. 24. Functions, powers and responsibilities of Trustees. 25.
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Order 26. National executive committees. 27. 28. Tenure, meetings and procedure of the executive committees. 29. Staff of the executive committees. 30. Function of the Executive Committees. 31. Powers of the executive committees. 32. Responsibilities of the executive committees.
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131 [Issue 1] 1. Citation This Order may be cited as the Kenya Education Performing Arts Foundation Order, means Performing Arts activities winners Bursary, Aid and Scholarships means music, drama, sports and congress on science and means persons of any age, race, or creed who are for the time being ordinarily resident in Kenya and are talented and most meritorious of the schools and (1) There shall be established a Foundation known as the Kenya Education Performing Arts Foundation which shall be charged with the responsibility of carrying out (a) to advise the Minister on any matters concerning performing arts activities in (b) to promote, preserve, encourage and develop music, drama, sports and congress on Science and Technology within Kenya’s educational (c) to provide, organize and co-ordinate a forum for up and coming— (i) sportsmen and scientists; and (ii) perfomers of music and drama, (d) to promote, preserve and develop Kenya’s cultural heritage and values; (e) to select and intergrate positive cultural values of the international (f) to plan and provide policy guidelines for effective organization of performing (g) to promote and contract the promotion of the performing arts activities and shows organized by the Foundation through the media, electronic, print or
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(h) to educate and train adjudicators, umpires, judges, coaches, referees, ‘resource personnel, teachers and students of music, drama, sports and science and technology through seminars, workshops, clinics and symposia (i) to produce, print, publish, distribute, market and disseminate information on performing arts through newsletters, brochures, periodicals, books, music sheets, scripts, photographs, television or cinematographic films, video any other media suitable for the (i) to establish and manage a school of performing arts which shall offer (k) to establish and operate cultural, social and resource centres for promotion (l) to expose, promote and popularize performing arts activities amongst (m) to establish, manage, invest and administer a permanent endowment (n) to raise funds for the benefit of the Foundation by appealing to the general public for subscriptions, donations, bequests, and by raising fees for competitions, festivals or otherwise, and to participate in or otherwise assist in the promotion of fund raising activities, fetes, bazaars, theatrical productions, concerts, sports meetings or other forms of entertainment, and such other things whose object is to raise money for the purpose of the (o) to enter into partnership or any arrangement for union of interests, co-operation, reciprocal concession or otherwise, with any person or company carrying on or engaged in, or about to carry out or engage in, any business or transaction capable of being conducted so as directly or indirectly to (p) to enter into any arrangement with any Government authorities, central, municipal, local or otherwise, that may seem conducive to the Foundation’s objects or any of them, and to obtain from such body any rights, privilege and concessions which the Foundation may think it desirable to obtain, and to carry out, exercise and comply with any such arrangements, rights, (q) to apply to any Government or local authorities, public bodies, companies or persons for and to accept grants of money and of land, donations, gifts, subscriptions and other assistance with a view to promoting the objects of the Foundation and, in taking any gift of property, to take the same subject (r) to purchase, take on lease or by any other legitimate means acquire any movable or immovable property in the Republic of Kenya for any estate or interest whatever, and any rights and privileges over or in respect of any property or buildings or things whatsoever; (s) to obtain any order for enabling the Foundation to carry any of its objects into effect, or for the affecting or modification of the Foundation’s constitution, or for any proceedings or applications which may seem calculated, directly or indirectly, to prejudice the Foundation’s interest; (t) to affiliate with any other association in or outside the Republic of Kenya having projects altogether or in part similar to those of the Foundation.
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133 [Issue 1] The President of the Republic of Kenya shall be the patron of the foundation. There shall be a council to be known as the Council of the Kenya Education 6. Membership of the Council (a) a Chairman appointed by the Minister; (b) the Director of Education; (c) the Chief Inspector of Schools; (d) the Director, Department of Culture; (e) the Commissioner of Sports; (f) the Chairman, Permanent Presidential Music Commission; (g) a Vice-Chancellor from a University offering a degree or diploma in music, drama, physical education and science who shall be appointed by the (h) the Director, Technical Training and Technology; (i) the Chairman, National Council of Science and Technology; . (j) two representatives of the business community who shall be appointed by (k) one representative from the Ministry of Information and Broadcasting; (l) the Chairman, National Executive Committee for Drama; (m) the Chairman, National Executive Committee for Music; (n) the Chairman, Kenya Colleges and Schools Sports Council; (o) the Chairman, National Students Congress on Science and Technology; (p) the Managing Director of the Foundation who shall be the Secretary to the (2) The Chairman may, with the approval of the Minister co-opt any person whose skills, knowledge or experience may be useful to the Council or to any committee of the (1) The members shall hold office for a period of three years, and shall be eligible for (2) A member may resign his office by writing under his hand delivered to the to appoint a proxy with full power to act,
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(a) becomes bankrupt or compounds with his creditors; (b) is absent from three consecutive meetings of the Council without permission (c) suffers from mental disorder or from physical incapacity. (1) The Council shall hold an ordinary meeting at least three times in each year and (2) The Chairman may at any time call a special meeting of the Council, and shall call a special meeting within twenty-eight days of receiving a requisition for that purpose (3) The Chairman shall give two weeks notice to all the members of any meeting and (4) A quorum of the Council shall be one in excess of half the total number of (5) The decision of the Council shall be by a majority of votes of the members present and voting and the member presiding at each meeting shall have a deliberative vote and, (7) In the absence of the Chairman, the members shall elect one of the members (8) All documents made, and all decisions of the Council may be signed under the hand of the Chairman, or of any member or officer of the Council authorized in that behalf. (a) the Managing Director of the Foundation; (b) the Deputy Managing Director incharge of Finance and Administration; and (c) the Deputy Managing Director incharge of Performing Arts; (3) The power of the Council to appoint staff shall include the power to approve (4) The Council may, by resolution passed by not less than two-thirds of the members present and voting at a special meeting convened for the purpose, request the termination of the secondment of any person seconded to the service of the Foundation under (5) No final decision to dismiss a person employed by the Council, or to terminate a contract or to request the termination of the secondment of a person seconded to the service of the Foundation, on grounds of misconduct, grave professional default or inefficiency shall be reached, until the person has been given the opportunity to appear in and to the Minister’s power to determine the specific functions of the Foundation and its place in the educational system of Kenya,
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135 [Issue 1] (2) Nothing done or resolved by the Council at its meeting shall be held to be validly done or resolved if or to the extent that it contravenes the terms of any agreement entered into by the Government with respect to the Foundation in force at the time of such a (3) All proposals and reports affecting the policy and functioning of the Foundation shall be submitted formally to the Council, and the Minister shall be furnished with a copy thereof at least fourteen days before such proposals and reports are considered by the (4) Subjects to the provisions of this Order, the Managing Director of the Foundation shall control the internal organization, management and discipline of the Foundation, exercise supervision over the technical and supporting staff, and shall by responsible to gh standards of conduct among the staff of (5) The Council shall seek and accept professional or other advice with regard to the performance of any of the functions of the Council with or without payment for such The Council may, with the approval of the Minister and subject to any restrictions (a) appealing to the general public for subscriptions, donations and bequests; (b) collecting fees for competitions, festivals, matches, courses, seminars, (c) participating in or otherwise assisting in the promotion of fetes, bazaars, theatrical productions, concerts, sports, meetings, exhibitions, or other forms of entertainment, and such other events whose object is the raising of (d) applying to any Government or local authorities, public bodies, companies or persons for and accepting grants of money and of land, donations, gifts, subscriptions and other assistance a view to promoting the objects of the 13. Annual estimates (1) The Council shall prepare annual estimates of revenue and expenditure, in such (2) The Council may incur expenditure for the purpose of the Foundation in accordance with estimates which have been by the minister, and any approved expenditure under any head of the estimates may not be exceeded without the prior (3) The Council shall receive all grants made revenue purposes, and membership fees, subscriptions, donations or bequests made to (4) Nothing in this order shall affect the terms and conditions upon which any grant (5) The Council may, with the approval of the Minister and subject to any restrictions imposed by law, appeal to the general public for subscriptions, donations or bequests for
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(6) The Managing Director of the Foundation shall control the day-to-day expenditure connected with the running of the Foundation, and shall present any account of such expenditure to the Finance and General Purposes Committee which shall take necessary (7) The Council may, with the approval of the Minister, pay all expenses connected with the Foundation, including the salaries of the Managing Director of the Foundation and those of other staff; but the personal emoluments of persons seconded to the service of (8) Any unexpended balance of a grant may be carried forward in the accounts of the Foundation from one year to the next and he expended as the Council may determine, or (9) All moneys from time to time received by or on behalf of the Council shall be paid forthwith into a bank or banks selected by the Council and (with the expectation only of any imprest accounts opened by the Council for operation by specified officers), the Council shall not authorize any withdrawal from the accounts without the express approval (1) There is hereby established a fund to be known as the Kenya Education (2) The object and purpose of the Fund is to provide funds to be used for giving out bursaries, aid and scholarships to winners. (1) The Council may from time to time, with the consent of the Minister, retain or pay out the income of the Fund all expenses reasonably .incurred in raising or receiving contributions to the Fund or in the administration of the Fund. (2) Subject to only the retention or payment of expenses as hereinbefore provided the Council shall use the income of the Fund (but not any part of the capital thereof) solely for the benefit of the persons of any age, race or creed or nationality who are talented and most meritorious winners of the schools and colleges performing arts activities and are for the time being normally resident in the Republic of Kenya (hereinafter called “the winner”) (a) subsidising statutory school/college tuition fees in a registered or approved educational institution; or an educational institution established by an Act of Parliament and whose educational activities are recognized by the Ministry, (b) by way of contributing to stipulated scholarships as a prerequisite for admission into a course of study in a school or college within or outside (c) by subsidising the expenses for purchase of materials required as the (d) in purchase and gift or loan or an educational institution, such as school of performing arts, of equipment of any kind which the Council considers to be needed for the training and maintenance of high standards in the respective (3) The Council shall not be required to disburse the whole net income of the Fund during the year in which such income is received; any balance thereof may be
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137 [Issue 1] accumulated (with or without investment of the same) and used by them as income for the benefit of the winner as hereinbefore provi(4) Notwithstanding anything to the contrary herein appearing the Council may accept donations of money or gifts in kind to be used for the benefit of the winners either collectively or individually in any such special manner (including the expenditure of capital moneys) as the donor thereof may expressly direct and shall use all such money and gifts (5) In applying the income of the Fund or any such special donations of money or gifts in kind for any of the purposes hereinbefore provided the Council may take such measures by way of examining scholarships forms and documents or requiring accounts and vouchers or otherwise as they think necessary or desirable to ensure the proper kind after payment or delivery thereof to a responsible officer of the institution concerned or the Government (as the case may be) and signature by such officer of a written receipt for the same with acknowledgement of the precise purpose for which it has been paid or (6) The Fund shall be invested by the Council in the name of the Foundation in such manner as is for the time being authorized by the law of Kenya for investment and Trust (a) to solicit by public appeal or otherwise donations either in cash or in kind whether for the general purposes of the Fund or for any special purpose (b) to construct buildings and other improvements on any immovable property in which the Fund is for the time being invested and for any such purpose to (c) to repair, insure and otherwise maintain any such immovable property as (d) to grant leases and tenancies of any such immovable property as aforesaid for such periods and on such terms as regards rent or otherwise as the (e) to borrow such money as the Council may from time to time require for purpose or development of any property in which the Fund is for the time being invested or about to be invested as provided by subparagraph 6 hereof upon such terms as to interest and repayment as the Council thinks proper whether with or without a charge on any such property or any other (f) to borrow money by way of overdraft without security for any other purpose of this Fund so far as the same can and will be repaid out of the income of (g) generally (and without limitation of such generality by the fore-going context) to do all such acts and things as may seem to them to be necessary or desirable as directly or indirectly conducive towards fulfillment (8) All or any of the provisions of these presents in paragraph 15 or the basic objects of providing benefits for winners may at any time or times be modified or extended in such manner and to such extent as the Council may from time to time determine with the
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16. Annual Accounts, etc. (1) The Council shall furnish the Minister with a certified copy of the audited annual statement of accounts and such other information about the revenue, expenditure, assets and liabilities of the Foundation as he may require. (2) The Council shall be responsible for making arrangements to raise any loan which the Minister may, at the request of the Council, authorize the Council to raise for the purpose of the Foundation, and shall ensure that proper provision is made for the repayment thereof and payment of all interest and other charges thereon in accordance with any order made by the Minister in the matter, or in accordance with the terms and All the Foundation’s accounts, records and documents shall be audited by the PART VII – PROPERTY OF THE FOUNDATION All such immovable property, shares, funds and securities as may from time to time become the property of the Foundation shall be in the name of the Kenya Education Performing Arts Foundation and shall he dealt with in such manner as the Council may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the condition upon which any endowment, bequest or donation is made for any purposes connected with the The Kenya Education Performing Arts Foundation is successor to the Kenya Music Festival (Educational Institutions) Foundation and the Kenya Schools and Colleges Sports Council both established under the Societies Act (Cap. 108), and subject to this Order, all rights, duties, obligations, assets and liabilities of the Kenya Music Festival (Educational Institutions) Foundation and the Kenya Schools and Colleges Sports Council, shall be automatically and fully transferred to the Kenya Education Performing Arts Foundation and any reference to the former Foundation and former Sports Council in any contract or (1) The Council shall appoint the Finance and General Purposes Committee (hereinafter in this part referred to as the “General Committee”) consisting of not less than (a) to give guidance to the managing director of the Foundation in the (b) to take such decisions or action as would accelerate the execution of the (c) to consider and authorize any financial transactions or development (d) to do anything which the Council shall require to be done by the General
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139 [Issue 1] (3) The proceedings of any meeting of the General Committee shall be reported to the (4) The managing director of the Foundation shall be the Secretary and ex officio(5) The Chairman of the Council shall be the Chairman of the General Committee. The Council shall establish the Performing Arts Fund Trustees (hereinafter in this part referred to as the “Trustees”) consisting of not less than seven members appointed by the Chairman with the approval of the Minister. The provisions of paragraph 7(1), (2), (4) and 8 shall apply in respect (a) Drawing up rules, regulations and modalities for award of bursaries, aid and (b) Keeping and maintenance of detailed up-to-date records of the issued (c) Examining bursary, aid and/or scholarship documents, accounts and vouchers or otherwise according to the forwarded requests and proposals; The Trustees shall cause minutes to be made of all names of members present and The Council shall establish the National Executive Committee for Music, the National Executive Committee for Drama, the Kenya Schools and Colleges Sports Council and the Congress on Science and Technology (hereinafter in this part referred to as Executive (a) the Chairman appointed by the Minister; (b) the Executive Secretary who shall be seconded to the Council by the (c) the Treasurer who shall be a staff member of the Council;
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(d) not more than seven and not less than four members appointed by the Chairman with the approval of the Minister; (e) the Chairman so appointed shall be a member of the Council by virtue of such appointment. The provisions of paragraphs 7(1), (2), (4) and 8(4), (5), (6), (8) shall apply in respect of tenure of members, the meetings, etc., of the executive (1) The respective members of the executive committees shall at the first meeting in every calendar year elect one of their members to be vice-chairman until the first meeting (2) The executive secretary shall deal with all correspondence of each of the respective executive committees. In cases of urgent matters where the respective committees cannot he consulted, he shall consult the chairman or if he is not available, the vice-chairman. The decision reached shall be subject to ratification at the next committee meeting. He shall issue notices convening all meetings of the committee and all general meetings, and shall he responsible for keeping minutes of all such meetings and for the preservation of all records of proceedings of the committee. He shall also be (1) The executive committees shall respectively be responsible for the organisation of Festival, the Schools and Colleges Sports, (2) On the request of a member of a committee the executive secretary shall, at any (a) To make regulations for the governance of the music, drama, sports and the respective committees and the regulations for the discipline and (b) To make regulations governing the fixing and remission of entry and other fees payable for competitions, seminars, courses, workshops and any other (a) of all names of the members of the committee present at each meeting; (b) of all resolutions and proceedings at(3) Each executive committee shall prepare annual estimates of revenue and (4) The executive committees shall incur expenditure for the purpose of the Foundation in accordance with estimates which have been approved by the Council, and any approved expenditure under any head of the estimates may not be exceeded without prior approval of the Council.
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141 [Issue 1] (a) workshops, seminars, concerts and tours; (b) festivals, meetings and competitions; (c) exhibitions; (d) courses; and (e) travelling theatres. (2) Drawing up rules and regulations for the management of the respective activities within the programme at the national and preliminary levels. (3) Printing and publishing newsletters, brochures, periodicals, books, music sheets, (4) Designing, collecting, storing and marketing of costumes, props, instruments for use by adjudicators, coaches, trainers, umpires, judges, resource personnel, teachers and
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143 [Issue 1] Order 1. Citation. 2. Interpretation. 3. Establishment of Board of Governors. 4. Membership. 5. Tenure of office of Governors. 6. Vacancies on the Board. 7. Interest in property. 8. Governor not Personally liable. 9. Meetings and Procedure. 10. Certain members may appoint representatives. 11. Executive committee. 12. Other committees. 13. Advisory panels. 14. Governance of the Polytechnic. 15. Principal and staff. 16. Organization and Curriculum. 17. Admission and Exclusion of Students. 18. Suspension of Students. 19. Finance. 19. Vesting of Property in the Board. 21. Determinations of questions.
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PART I – PRELIMINARY 1. This Order may be cited as the Education (Board of Governors Kisumu Polytechnic) means the Board of Governors of Kisumu Polytechnic established under means Kisumu Polytechnic and includes any hostel of the There is hereby established a board to be known as the Kisumu Polytechnic Board of Governors which shall be a body corporate with perpetual succession and a common seal 4. Membership (a) a chairman appointed by the Minister; (b) one person nominated by each of the following bodies, and appointed by (i) any three local Industries (Western Kenya Region); (ii) the Kenya Association of Manufacturers; (iii) the Municipal Council of Kisumu; (iv) Nyanza Provincial Physical Planning Office; (v) the Senate of Maseno University; (vi) the Kenya Power and Lighting Company Limited; (vii) Telkom Kenya Limited; (viii) Federation of Kenya Employers representative; (ix) a representative of the Local Women’s Group; (c) a person appointed by the Minister to represent the Nyanza Secondary already a governor by virtue of (d) not more than three persons co-opted by the Board; (e) the principal who shall be the secretary of the Board.
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145 [Issue 1] the meetings of the Board, as the Board shall determine, but shall have no right to vote at (1) The Governors shall hold office for a period of three years; provided that the Board may make provision for the rotational retirement of a number of its members at the end of (2) A governor who is absent from all meetings of the Board during a period of one year, or who is incapacitated from acting, or who is adjudicated a bankrupt, or who communicates in writing to the Board his wish to resign, shall thereupon cease to be a (3) A Governor shall have the right to appoint a representative with full powers to act, Except in special circumstances, and with the written approval of the Minister, no governor shall acquire or hold any interest in any property belonging to the polytechnic or receive any remuneration from or be interested in any contract in which the Polytechnic is No governor shall be subject to any personal liability in respect of any matter or thing (1) The Board shall hold at least three ordinary meetings in each year, and the chairman shall, on the written request of three governors call a special meeting, provided that a notice of two clear weeks shall be given to the other governors of any meeting and (2) A quorum at any meeting of the Board shall be seven governors present, and every matter shall be determined by a majority of the governors present and voting (3) In the absence of the chairman from any meeting of the Board, the governors shall (5) Any meeting of the Board may be adjourned by resolution of the governors where (6) Any resolution of the Board may be rescinded or varied at a subsequent meeting if (7) The Board may invite persons who are but no such person shall be entitled to vote on any matter, or, except so far as the chairman shall allow to take part in the proceedings. (8) All documents and decisions made by the Board shall be signified under the hand
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The following persons may appoint representatives who shall have a right to attend meetings of the Board and to speak thereat but shall not have the right to vote— (1) The Board may establish an executive committee, in which may be vested any of the powers and functions of the Board with respect to the Polytechnic other than the (2) The executive committee may consider any matter, other than a matter in the executive committee under subparagraph (1), for the purpose of submitting a report, with (3) The proceedings of any meetings of the executive committee shall be reported to (4) The Executive committee shall consist of not less than four and not more than six (5) The chairman of the Board shall be an ex officio member of the executive (6) The executive committee shall appoin(7) The members of the executive committee shall be appointed annually and The Board may from time to time appoint any committee for any special purpose connected with the Polytechnic, and may vest in the committee such powers, other than the power to appoint a principal and power to approve estimates of expenditure, and functions and impose on it such rules of procedure as the Board may decide and the members of the committee may include but shall not exclusively consist of persons who Provided that the Chairman of the Board shall be an ex officio member of any such (1) The Board may appoint such Advisory Panels as it may consider necessary for the good organization and development of the work of the polytechnic. (a) the organization of short tailor – made courses in a department or section of the Polytechnic other than those managed by the Kenya Institute of (b) the examinations for which students in such department or section should be entered, other than those managed by the Kenya National Examination (c) the requirements of industry and commerce both as regards the number of students and the character of training in consultation with the Training
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147 [Issue 1] (d) arrangements for industrial or commercial experience during training in consultation with the training council of the Directorate of Industrial Training; (e) any other matter relating to such department or section. (3) The chairman of the Advisory Panel, shall be appointed by the Board and should be a governor, appointed in accordance with paragraph 4. (4) Members of Advisory Panel, other than the chairman, shall be appointed by the Board from among persons with relevant experience in industry and commerce or in The Polytechnic shall be governed by the Board in accordance with the provisions of the Act and any rules and regulations made thereunder or any other Act relating to other (1) The Board shall appoint with the approval of the Minister, a principal of the (2) The Board may appoint after taking into consideration the advice of the principal, (3) The power of the board to appoint staff shall include the power to appoint persons (4) The Board may by resolutions passed by not less than two thirds of the governors present and voting at a special meeting convened for the purpose, request the Minister to terminate the secondment of any person seconded to the service of the Board under (5) No proposals to dismiss a person employed by the Board, or to terminate his contract, or to request Minister to terminate the secondment of a person seconded to the service of the Board, on the grounds of misconduct or grave professional default, shall be decided until the person has been given an opportunity to appear in person before the (1) Subject to provision of paragraph 14 of this Order and to the Minister’s power to determine the general education character of the Polytechnic and its place in the education system of Kenya, the Board shall have the general direction of the conduct and held to be validly done or resolved if or to the extent that it contravenes the terms of any agreement entered into by the Government with respect of the Polytechnic in force at the (2) All proposals and reports affecting the policy and the curriculum of the Polytechnic shall be submitted formally to the Board, and the Minister shall he furnished with a copy thereof at least fourteen days before such proposals and reports are considered by the
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(3) Subject to the provisions of this Order, the principal shall control the internal organization, management and discipline of the Polytechnic, shall exercise supervision over the teaching and non teaching staff and shall be personally responsible to the Board for fostering and maintaining high standards of conduct and endeavor among the staff and (4) There shall be full consultations at all times on matters relating to the operation of the Polytechnic between the principal, the chairman of the Board, and the chief officer of (5) The principal shall make arrangements for consultations with the staff at meetings 17. Admission and Exclusion of Students (1) Subject to the provisions of the Act and any rules and regulations made (2) The Principal may perform any of the functions under this paragraph subject to (3) The exclusion of any student shall be reported to the Minister for approval. (1) The Principal shall have power to suspend any student from attendance at the Polytechnic, for any cause which the principal considers adequate for a period not (2) Before the expiry of any period of suspension, the matter shall be reported by the principal to the Board for determination or to any committee in which the power of the Board in respect of the exclusion of the students have been vested under paragraph 11 (1) The Board shall prepare annual estimates of revenue and expenditure for submission to the Minister in such form and at such times as shall be determined by the (2) The Board may incur expenditure-for the purpose of the Polytechnic in accordance Provided that the approved expenditure under any head of the estimates may not (3) The funds of the Board shall comprise of all fees payable by students, grants made out of public funds, internally raised revenues whether for capital or recurrent (4) Nothing in this Order shall affect the terms and conditions upon which any grant (5) The Board may, with the approval of the Minister and subject to any restriction imposed by law, appeal to the general public for subscriptions, donations or bequeaths for (6) The Principal shall control the day to day expenditure connected with the running of the Polytechnic and shall present accounts of such expenditure to the Board, in such
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149 [Issue 1] (7) The Board shall pay all expenses connected with the Polytechnic, including salaries of the principal and the teaching and non-teaching staff who are hired or Provided that the personal emoluments of any person seconded to the service of the Board under paragraph 15 of this Order shall, in the first instance, he paid by the Ministry or by such employer and may at the discretion of the Minister or such other (8) Any unexpended balance of grant may be carried forward in the accounts of the Polytechnic from one calendar year to the next and the Board may make proposals for the final disposal of such balance, which shall be at the discretion of the Minister, who may (9) The Board shall, subject to the approval of the Minister, determine the scales of fees and hostel charges payable by or in respect of students at the Polytechnic and (10) The Board may, with the approval of the Minister, provide bursaries or scholarships to assist in education, maintenance or transport of students who are undergoing courses of instruction at the Polytechnic and prescribe the conditions under (11) The Board shall furnish the Minister with a certified copy of the audited annual statement of accounts and such other information about the revenue, expenditure, assets and liabilities of the Polytechnic as the Minister may from time to time require. (12) The Board shall be responsible for making arrangements to raise any loan which the minister may, at the request of the Board authorize the Board to raise for the purpose of the Polytechnic and shall ensure that proper provision is made for the repayment of all interests and other charges in accordance with any order made by the Minister in respect All such movable and immovable property, shares, funds and securities which are now the property of, and which as may from time to time become the property of the Board of Governors of the Polytechnic shall be dealt with in such a manner as the Board may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any endowment, bequeaths or donation is made for any purpose connected with the 21. Determinations of questions Any question arising as to the construction of this Order or as to the regularity or validity of any act done under this Order shall be determined by the Minister upon
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151 [Issue 1] Order 1. Citation. 2. Interpretation. 3. Establishment of Board of Governors. 4. 5. Constitution of the Board. 6. Tenure of office of Governors. 7. Vacancies on the Board. 8. Certain members may appoint representatives. 9. Executive Committee. 10. Interest in property. 11. Governor not personally liable. 12. Meetings and procedures. 13. Other Committees. 14. Advisory panels. 15. Government of Centre. 16. Director and staff. 17. Organization and Curriculum. 18. 19. Management of the Centre. 20. Admission and exclusion of trainees. 21. Suspension. 22. Finance. 23. Vesting of property in Board. 24. D.P.M. to determine validity, etc.
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PART I – PRELIMINARY 1. Citation This Order may be cited as the Education (Board of Governors) (Development means the Board of Governors of the Development Learning Centre means the Development Learning Centre situated within the Kenya There is established a Board of Governors to be known as the Board of Governors of the Development Learning Centre, which shall be a body corporate with perpetual (a) a Chairman elected from amongst the members; (b) the Permanent Secretary/Director of Personnel Management, Office of the (c) one person nominated by each of the following bodies and appointed by the Permanent Secretary/Director of Personnel Management, Office of the (i) Ministry of Finance; (ii) Kenya Institute of Administration; (iii) Secretary to the Commission for Higher Education; (iv) Ministry of Education, Science and Technology; (v) Executive Director of Association of Professional Societies in East
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153 [Issue 1] (vi) Executive Director of t (vii) Executive Director of the Kenya Institute of Policy Research and (d) not more than three persons co-opted by the Board; and (e) the Director appointed under paragraph 16, who shall be the Secretary to the Director appointed under paragraph 16, who shall be the Secretary to 6. Tenure of office of Governors (1) The governors shall hold office for a period of three years provided that the Board may make provision for the rotational retirement of any governor at the end of each (2) The governors shall be eligible for re-appointment for a further term of three years. (1) Every vacancy on the Board shall be notified at once to the appointing authority as (2) Any governor who is absent from all meetings of the Board for a period of one year, or who is incapacitated by prolonged physical or mental illness or who is adjudicated bankrupt, or who communicates in writing to the Board his desire to resign, shall (3) Any governor may appoint a representative to represent him or her at any meeting of the Board which any governor is unable to attend and such representative shall be (4) Any meeting of the Board may be adjourned by a resolution of the Board and if a sufficient number of governors to form a quorum is not present, the meeting shall stand (5) Any resolution of the Board may be rescinded or varied at a subsequent meeting (6) The Board may invite persons who are not members of the Board to attend any meeting thereof, but such persons shall not be entitled to vote on any matter, or except so (7) All documents made by the Board shall be executed and all decisions of the Board shall be signified under the name of the Chairman or of, any member or officer or the The following persons, may appoint representatives who shall have the right to attend (a) the Minister for Education, Science and Technology; (b) the Minister for Trade and Industry; (c) the Minister for Tourism and Information; (d) the Minister for Labour and Human Resource Development; and (e) the Minister of State for Public Service.
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(1) The Board shall establish an executive committee in which shall be vested any of the powers and functions of the Board with respect to the Centre other than the power to appoint a Director and the power to approve estimates of expenditure of the Centre. (2) The executive committee may consider any matter vested to it by the Board pursuant to paragraph (1) and for the purpose of submitting a report with (3) The proceedings of any meeting of the executive committee shall be reported to (4) The executive committee shall consist of not less than four and not more than six (5) The Chairman of the Board shall be an ex officio member of the executive (6) The executive committee shall appoinExcept in special circumstances, and with the prior approval, in writing, of the Directorate of Personnel Management, Office of the President, no governor shall acquire, or hold any interest in any property belonging to the Centre, or receive any remuneration No governor shall be subject to any personal liability in respect of any matter or thing (1) The Board shall hold at least four ordinary meetings in each year. However, a special meeting may be summoned by the Chairman or at the written request of any three governors provided that a two weeks’ notice shall be given to the other governors of any (2) The quorum of the Board shall be seven governors and every matter before the (3) In the absence of the Chairman from any meeting of the Board, the governors (5) The members of the executive committee shall be appointed annually and shall be eligible for re-appointment upon retirement. Without prejudice to the provision of paragraph 9, the Board may, from time to time, appoint any committee for any special purpose connected with the Centre and may vest in such committee such powers, other than the power to appoint a Director and the power to approve estimates of expenditure of the Board and the Board may impose on such committee rules of procedure as the Board may decide and the members of that committee may include, but shall not exclusively consist of persons who are not
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155 [Issue 1] (1) The Board may appoint such Advisory Panels, as it may consider necessary for (a) the organization of courses in a department or section of the Centre; (b) the examination for which trainees in a department or section should be (c) the requirement of industry or commerce both as regards the number of (d) arrangements for industrial or commercial experience during training; and (e) any other matter relating to a department or section. (3) The chairman of an Advisory Panel shall be appointed by the Board and may be a (4) The members of an Advisory Panel other than the chairman shall be appointed by the Board from amongst persons with relevant experience, training, education, industry The Centre shall be governed by the Board in accordance with this Order and any other relevant agreement for the time being in force relating to the Centre. (1) The Board shall appoint a Director of the Centre who shall be assisted by an information technology officer and a training co-ordinator and such other staff as the (2) The Director shall submit items of business for discussion by the Board and attend (3) The Board shall appoint, after taking into consideration the recommendations of (4) The power of the Board to appoint staff shall include the power to appoint persons seconded to the service of the Board by the Government, Global Development Learning (5) The appointment and dismissal of the Director or of any member of the staff of the of the Directorate of Personnel Management. (6) The Board may, by resolution passed by not less than two-thirds of the governors present and voting at a special meeting convened for that purpose, request D.P.M., G.D.L.N. or any other employer, as the case may be, to terminate the secondment of any (7) No proposal to dismiss a person employed by the Board or to terminate his or her contract or request the D.P.M. or any other employer to terminate the secondment of a person seconded to the service of the Board on the ground of misconduct or grave
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professional default, shall be decided until the person has been given an opportunity to appear in person before the Board and the person so appearing may be accompanied by (1) Subject to the provisions of paragraph 15 and D.P.M.’s power to determine the general educational and training of the Centre, and its place in the education and training policy of Kenya, the Board shall the general direction of the conduct and curriculum of the Centre provided that nothing shall be done or resolved by the board ay any meeting of the Board which contravenes the terms of any agreement, for the time being in force, entered (2) All proposals and reports affecting the policy and curriculum of the Centre shall be submitted to the Board and a copy to D.P.M. at least fourteen days before the proposal (1) The Board may, with the approval of D.P.M. and subject to any restriction imposed by law, appeal to the general public for subscriptions, donations or requests for (2) The Board shall pay all expenses connected with the Centre, including the salaries .—Any unexpended balance of grant may be carried forward in the accounts of the Centre from one calendar year to the next and the Board may make D.P.M., who may take such balances into account when assessing the following year’s —The Board shall, subject to any matter prescribed under this Order, or to the approval of D.P.M., determine the scale of fees payable by or in respect of trainees at the Centre and prescribe the conditions under which fees may be remitted in whole or in (5) The Board may, with the approval of D.P.M. provide bursaries or scholarships to assist in the education, training or maintenance of trainees who are undergoing courses of instruction at the Centre and prescribe the conditions under which such bursaries or Raising of funds.—The Board shall be responsible for making arrangements to raise any loan which D.P.M. may, at the request of the Board, authorize the Board to raise for the purposes of the Centre and shall ensure that proper provision is made for the repayment of the loan including any interest and other charges thereon in consultation (1) Subject to the provision of this Order: the Director shall control the internal organization, management and discipline of the Centre, shall exercise supervision or staff, and shall be personally responsible to the Board for fostering and maintaining high (2) There shall be full consultations at a
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157 [Issue 1] (1) Subject to the provisions of this Order, and any rules and regulations made thereunder, the Director shall regulate the admission and exclusion of trainees from the (2) No trainee shall be refused admission or excluded from the Centre on any other (3) The Director may perform any of the functions, under this paragraph subject to the (1) The Director shall have powers to suspend any trainee from the Centre for any (2) Before the expiry of any period of suspension, the matter shall be reported by the Director to the Board or to any committee or panel in which the powers of the Board in respect of the exclusion of trainees have been vested under paragraph 13 or 14. (1) The Director shall prepare annual estimates of revenue and expenditure in such form and at such times as D.P.M. shall prescribe, for submission to the Board and D.P.M. (2) The, Director may incur expenditure for the purposes of the Centre in accordance Provided that the approved estimates may not be exceeded without the prior approval of D.P.M. in writing. (3) The Director shall receive all fees payable by or in respect of trainees and all grants made out of public funds whether for capital or revenue purposes including any (4) Nothing in this Order shall affect the terms and conditions upon which any grant .—The Director shall control the day-to-day expenditure connected with the running of the affairs of the Centre, and shall present an account of such (6) The Director shall furnish to D.P.M. with a certified copy of the audited annual statement of accounts of the Centre and such other information about the revenue, expenditure, assets and liabilities of the Centre as the D.P.M. may, from time to time, require. (1) All movable and immovable property, shares, funds and securities which are currently the property of and which may, from time to time, become the property of the Board or be proved, for the purpose of the Board shall be in the name of the Board of Governors of the Centre and shall be dealt with in such manner as the Board may, from time to time, determine, subject to the conditions upon which any grants are made from
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public funds for capital or recurrent purposes and the conditions upon which any Custody of Seal.—The common seal of the Board shall be in the custody of the Secretary of the Board and shall be authenticated by the signature of the Chairman of the Board or such other Governor as the Board may, by resolution, appoint. Any question arising as to the construction of this Order or as to the regularity or
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159 [Issue 1] ) (CENTRE FOR MATHEMATICS, Order 1. Citation. 2. Interpretation. 3. Establishment of Board. 4. Membership of the Board. 5. Tenure of office. 6. Vacancies on the Board. 7. Alternate members. 8. Interest in Centre Property. 9. Member not personally liable. 10. Finance and General purposes committee. 11. Board to govern according to certain laws. 12. Appointment of non-teaching staff. 13. Staff seconded to by the Centre. 14. Dismissal of Staff. 15. General directions of the Centre. 16. Admission and exclusion of students/trainees. 17. Meetings and Procedure. 18. Estimates. 19. Expenditure. 20. Accounts. 21. Income. 22. Donations and bequests. 23. Surplus. 24. Fees. 25. Vesting of Property. 26. Custody of the common seal.
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) (CENTRE FOR MATHEMATICS, ATICS, PART I – PRELIMINARY 1. Citation This Order may be cited as the Education (Board of Governors) (Centre for means the Board of Governors of the Centre for Mathematics, Science means the Centre for Mathematics, Science and Technology Education means a person who is undergoing training at the Centre. There is hereby established a board of governors to be known as the Board of Governors of the Centre for Mathematics, Science and Technology Education of Africa, which shall be a body corporate with perpetual succession and a common seal, and which may in its corporate name sue or be sued, own and dispose of property, and do all such (a) a chairman appointed by the Minister; (b) the Permanent Secretary in the Ministry responsible for matters relating to education, or his representative, who shall be an ex officio member of the (c) one person nominated by each of the following bodies and appointed by the (i) the Kenyatta University; (ii) the Kenya Institute of Education; (iii) the Kenya Education Staff Institute; (iv) the Teachers Service Commission; (d) not more than three persons appointed by the Minister to represent other (e) not more than three persons co-opted by the Board; and
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161 [Issue 1] (3) No member of staff of the Centre may be a member of the Board, but the Board may request any such member to be in attendance if deemed necessary for particular (4) The Principal shall submit items of business for discussion by the Board and shall attend the meetings of the Board, except when the Board otherwise determines, but shall (1) The members shall hold office for a period of three years, and the Minister may make provision for the rotational retirement of members at the end of each calendar year. (2) Members shall be eligible for re-appointment upon the expiry of the period (a) is absent from all meetings of the Board for a period of one year; (b) is adjudged bankrupt; (c) resigns by notice in writing to the Board; (d) becomes incapacitated by prolonged physical or other illness; or (d) dies. (2) Every vacancy on the Board shall be notified at once to the appointing authority as No member shall acquire or hold any interest in any property belonging to the Centre, or receive any remuneration, or be interested in any contract in which the Centre is 9. Member not personally liable No member shall be subject to any personal liability in respect of any matter or thing (1) There shall be a committee of the Board to be known as the Finance and General Purposes Committee which shall consist of the Chairman and not less than four nor more (a) to give guidance to the Principal in the implementation of the decisions (b) to take such decisions or actions as would accelerate the execution of the
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(c) to consider and authorize any financial transactions or development (d) to do anything which the Board may require to be done by the Committee. (3) The proceedings of any meeting of the Committee shall be reported to the Board (4) The Principal shall be one of the members of the Committee appointed under (6) The members of the Committee shall hold their offices for the duration of their (a) the provisions of the Act and of (b) the Teachers Service Commission Act on all matters relating to the (c) the provisions of this Order. The Board shall with the consent of the Minister appoint suitable non-teaching staff on (2) The Board may by a resolution passed by at least two-thirds of the members present and voting at a special meeting convened for that purpose, request the Minister to (1) The Board shall not decide on a proposal to dismiss any person employed by the Board or to terminate his contract or to request the Minister to terminate the secondment of any person seconded for the service of the Centre on grounds of misconduct or grave (2) A person appearing before the Board under subsection (1) may be accompanied (1) Subject to the provisions of paragraph (11) and to the Minister’s power to determine the general education character of the Centre and its place in the educational system of Kenya, the Board shall have the general direction of the conduct and curriculum Provided that nothing shall be done or resolved which contravenes the terms of any agreement entered into by the Government with respect to the Centre which is still in
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163 [Issue 1] (2) All proposals and reports affecting the policy and curriculum of the Centre shall be submitted formally to the Board and the Minister shall be furnished with a copy thereof at (3) Subject to the provisions of this Order, the Principal shall— (a) control the internal organization, management, and discipline at the Centre; (b) supervise the staff; and (c) be personally responsible to the Board for fostering and maintaining proper and suitable standards of conduc(4) There shall be regular consultation between the Principal and the Education (5) The Principal shall make such arrangements as may be adequate and suitable for The admission and exclusion of students to or from the Centre shall be regulated by (1) The Board shall hold at least three ordinary meetings each year and a special meeting may be summoned by the Chairman on his own volition or at the written request Provided that two clear weeks’ notice of any meeting and of the matters to be (2) The quorum at any meeting shall be one half of the members of the Board, and any matter before the Board shall be determined by a majority of the members present (3) The decisions of the Board shall be carried by a majority of the members present and voting, and in the case of an equality of votes the chairman shall have a second (4) In the absence of the Chairman at any meeting, the members present shall elect one of their number to chair that meeting, who shall for the purpose of that meeting have (5) Any meeting may be adjourned by resolution and, if a sufficient number of members to form a quorum are not present, the meeting shall stand adjourned indefinitely. (6) A resolution of the Board may be rescinded or varied at a subsequent meeting The Board shall prepare annual estimates of revenue and expenditure in such form The Board may incur expenditure for the purposes of the Centre in accordance with
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20. Accounts The Principal shall control the day-to-day expenditure connected with the running of the Centre and shall present accounts, including annual audited accounts, for such The Board shall receive any fees payable by, or in respect of, students, all grants made out of public funds, whether for capital or revenue purposes, and any subscription, The Board may, with the approval of the Minister and subject to any restriction 23. Surplus to the next financial year, and the Board may make proposals for the final disposal of the unexpected balance which shall be at the discretion of the Minister, who may take such The Board shall, subject to any matter prescribed in this Order and with the approval of the Minister, determine the scales of fees payable by or in respect of students at the Centre, and shall prescribe the conditions under which fees may be remitted in whole or in All such movable and immovable property as may from time to time become the property of the Centre shall be in the name of the Board of Governors of the Centre and shall be dealt with in such manner as the Board may from time to time determine, subject to the conditions upon which any grants are made from public funds for capital or recurrent purposes and the conditions upon which any donation or bequest is made to the Provided that the Board shall not dispose of any property without the consent of the (1) The Common Seal of the Institute shall be kept in such custody as the Board (2) All documents other than those requireof the Board, the Principal, or any other member of the Board duly authorized by the Boad
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165 [Issue 1] Order 1. Citation. 2. Interpretation. 3. Establishment. 4. Functions of Institute. 5. Powers of the Institute. 6. Admission. 7. Membership of the Institute. 8. Functions and Powers of the Council. 9. Statutes. 10. Payments to Council Members. 11. Committees. 12. Meetings. 13. Terms of Office. 14. Meetings. 15. Director and Staff of the Institute. 16. Academic Board. 17. Funds. 18. Financial Year. 19. Annual estimates. 20. Books and records of account. 21. Audit. 22. Common seal 23. Protection of Liability 24. Protection of name 25. 26. Assets and liabilities of College. 27. Interpretation of Part.
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PART 1 – PRELIMINARY 1. Citation This Order may be cited as the Education (Kenya Education Management Institute) means a document awarded by the Institute and duly signed by the means the Kenya Education Management Institute established under means the Kenya Education Management Institute established under PART II – ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE 3. Establishment (1) There is hereby established an Institute to be known as the Kenya Education (2) The Institute shall be a body corporate with perpetual succession and a common (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging and disposing (c) receiving, investing, borrowing and lending money; and (d) doing or performing any such things or acts which may lawfully be done by (3) The Institute shall be the successor to the Institute known as the Kenya Education Staff Institute established under the Education (Kenya Education Staff Institute) Order, 1988 (L.N. 565/1988, Sub. Leg.), and existing immediately before the commencement of ore the commencement of 4. Functions of Institute The functions of the Institute shall be to— (a) provide, directly or in collaboration with other institutions of learning, management training, research and consultancy services in the education sector on a commercial basis to the public and private sector and to any (b) provide training programmes, seminars and workshops and produce publications aimed at promoting managerial competence and integrity in the education sector, while utilizing diverse learning methods including open
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167 [Issue 1] (c) produce, maintain and disseminate and equipment relating to administrative management, technical and (d) serve as a management advisory, consultancy and resource centre for personnel involved in educational work; (e) undertake research in relation to training needs assessments, quality assurance processes, training impact assessments, policy, management and emerging issues for the purpose of designing appropriate management (f) provide a forum for effective collaboration between the public and private sectors and other interested parties for capacity building in the education (g) conduct examinations and award diplomas, certificates and other awards to (h) undertake resource generative services in a cost effective manner to build (i) generally promote and carry on the work of a management development (a) establish and maintain such campuses and departments, and institute such (b) create, develop, apply for, obtain and hold intellectual property rights and enter into agreements or arrangements for their commercial exploitation or (c) accept gifts, grants, bequests, devices and assignments made to it and act (d) enter into arrangements with other institutions of learning or professional organisations (whether within or outside Kenya) or with any of the Ministries that administer management training services to establish relevant capacity (e) establish, manage and control residential facilities and other forms of trainee accommodation and to establish, manage and control other (f) do any other thing which is necessary or convenient to be done in connection with or incidental to its functions. Admission to the Institute shall be open to all persons who are qualified for such admission without distinction on the basis of ethnic origin, sex or creed being imposed on any person as a condition of his or her becoming or continuing to be a student at the 7. Membership of the Institute (1) There shall be a Council to be known as the Council of the Institute, which shall
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(a) a chairperson appointed by the Minister; (b) the Permanent Secretary in the Ministry for the time being responsible for (c) the Secretary of the Teachers Service Commission; (d) the Director of the Kenya Institute Education; (e) one representative appointed by the Minister from each of the following (i) the Kenya Association for Primary Teachers’ Training Colleges; (ii) the Kenya Secondary School Heads’ Association; and (iii) the Kenya Primary School Heads’ Association; (iv) The Kenya Diploma Colleges Principals’ Association; (f) four persons, not being public servants, appointed by the Minister by virtue (g) the Director of the Institute, who shall be the Secretary to the Council. (a) formulate, with the approval of the Minister, policies pertaining to the (b) administer the property and funds of the Institute in such manner and for Provided that the Council shall not dispose of the immovable property of the (c) receive, on behalf of the Institute, donations, endorsements, gifts, grants or (d) borrow, generate and raise funds for the purposes of the Institute; (e) appoint suitable staff of the Institute upon such terms and conditions as it (f) receive reports from the Director or any officer of the Institute in respect of financial and other circumstances of the Institute, and to direct any action to (g) establish facilities in any place (whether in or outside Kenya) for the better (h) do or perform anything or any other act for the better carrying out of the (2) The Council may from time to time co-opt into its membership one or more persons to assist it in any particular matter for the time being before the Council, but such (1) In the performance of its functions under this Order, the Council shall make (a) the establishment of departments of the Institute; (b) the requirements for the award of certificates or other awards of the (c) the conduct of examinations;
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169 [Issue 1] (d) prescribing fees, boarding and other charges; (e) prescribing the terms and conditions of service, including the appointments, discipline, dismissal and retirement benefits, of the officers of the Institute; (f) the procedure of meetings of the Council and the establishment, composition and terms of reference of the Committees of the Council; (2) Statutes shall be made by a resolution of a meeting of the Council and passed by The Council shall pay to each of its members such remuneration and allowances, if The Council may, for the better performance of its functions, appoint and assign duties to such Committees, including the finance and general purpose committee, as it may (2) Notwithstanding subparagraph (1), the of any three members of the Council, convene a meeting of the Council after giving a (3) The Chairperson shall give two weeks’ notice of any ordinary meetings of the (5) The decisions of the Council shall be carried by a majority of the members of the (6) The Chairperson shall preside at all meetings of the Council at which he is (7) In the absence of the Chairperson from a meeting, the members present shall (8) All documents made by, and all decisions of the Council shall be signed under the (1) A member of the Council shall hold office for a term of three years, but shall be eligible for reappointment for one further term. (a) resign his office by writing under his hand addressed to the Chairperson of (b) Be removed by the Minister by notice in writing if he— (i) has been absent from three consecutive meetings of the Council (ii) is so incapacitated by prolonged physical or mental illness as to be (iii) is an adjudged bankrupt by a
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(iv) is convicted by a Court of an offence punishable by a term of (v) is otherwise unable or unfit to discharge its functions. (1) There shall be a Director of the Institute who shall be appointed by the Minister on (2) A person shall be qualified for appointment as Director of the Institute where such person has relevant academic and professional qualifications and proven qualifications in (a) have overall responsibility for the direction, organization and administration (b) be responsible for the supervision and di (c) subject to the directions of the Council on matters of policy, be responsible (d) appoint such temporary professional and other staff as may from time to time be required by the Institute at such fee as may be approved by the (e) be the accounting officer of the Institute. (4) The Director shall hold office upon such terms and for such a period as may be (5) The Council may appoint deputy director such other staff as it may deem (a) the Director; (b) the deputy directors, and (c) the Heads of Departments of the Institute. (2) The Academic Board may co-opt such other members as may be necessary for (a) establish criteria for admission of learners to the Institute; (b) set and review, the content and academic standard of any certificate or (c) set examination and award diplomas and certificates to suitably qualified (d) coordinate such other activities as may be undertaken by the Institute in the
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171 [Issue 1] (a) such monies as may be appropriated by Parliament for purposes of the (b) any monies or property which may in any manner accrue or vest in the (c) all monies from any other sources provided, donated or lent to the Institute. The financial year of the Institute shall be the period of twelve months ending on the 19. Annual estimates (1) At least five months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure for the Institute for (2) The annual estimates shall make provisions for all the estimated expenditure of (a) the payment of salaries, allowances and other charges in respect of the (b) the payment of pensions, gratuities and other charges in respect of (c) the acquisition, maintenance, repair and replacement of the equipment and (d) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance, replacement of buildings or (3) The annual estimates shall be approved by the Council at least two months before commencement of the financial year to which they relate and shall be submitted to the Minister for approval. (4) No expenditure shall be incurred for the purposes of the Institute except in accordance with the annual estimates approved under subparagraph (3), or in pursuance of the authorization of the Council given with prior written approval of the Minister and the 20. Books and records of account The Council shall cause to be kept proper books and records of the account of the The accounts of the Institute shall be audited and reported upon in accordance with (1) The Common seal of the Institute shall be kept in the custody of the Director or such other person as the Council may direct, and shall not be used except upon the order
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(2) The Common seal of the Institute shall be authenticated by the signature of the (3) The common seal of the Institute, when affixed to any document and duly authenticated under this section, shall be judicially and officially noticed, and unless the contrary is proved, the necessary order or authorization of the Council under this section (4) All documents other than those requirethe Council shall be signified by the hand of the Chairperson of the Council, the Director, 23. Protection of Liability No member of the Council staff of the Institute shall be personally liable for any act or (1) No public officer performing functions relating to registration of companies and business names shall accept for such registration any name which includes the words “Kenya Education Management Institute” unl(2) Any person who, except with the written consent of the Council uses the words “Kenya Education Management Institute” in connection with any advertisement for any (a) Imprisonment for a term not exceeding twelve months; or (b) a fine not exceeding thirty thousand shillings, or both Provided that nothing in this section shall be construed as preventing the use by any person of any title consequent to the grant to him of a diploma or any other to him of a diploma or any other PART VIII – TRANSITIONAL 25. (1) The Kenya Education Staff Institute Order 1988 (L.N. 565/1988, Sub. Leg.) is (a) all the right duties, obligations, assets and liabilities of the former Institute existing at the commencement of this Order shall be automatically and fully (b) any reference to the former Institute in any contract or document shall, for (c) any person who is an employee of the former Institute is immediately before the commencement of this Order shall upon such commencement be (3) The annual estimates of the former Institute for the financial year in which the appointed day occurs shall be deemed to be the annual estimates of the Institute for the (4) The administrative directions made by the former Institute or by the Minister which are in force immediately before the appointed day shall, on or after such day, have force
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173 [Issue 1] (5) Any permit, license or authority of any kind issued or granted to the Institute by or (6) Any donor or government funding of a continuing nature administered by the former Institute or its Council and existing immediately before the commencement of this order shall be administered by the Institute, but otherwise in accordance with the terms (7) All contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments made or entered into by, on behalf of, or in relation to the former Institute or its Council have effect as if made or entered into by, on behalf of, or in relation to the (8) All actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before the commencement of this act by, against , or in relation to the former Institute have effect as if they were proceedings by, against, or in relation to the Institute, and may be continued (9) Any permit, licence or authority issued or granted to the former Institute by or under any law for the fine being in force shall, notwithstanding anything in this Order operate continues to operate, despite anything in this Order, in favour of the Institute in the (1) All movable and immovable property which immediately before the commencement of this Order vested in the Board of Governors of the College (now (2) Any person who is an employee of the Board of Governors of the College before the commencement of this Order shall be deemed to be employees of the Council of the Provided that such person shall, within a period of one year from the commencement of this Order, enter into a written contract of service with the Council of the Institute, whereupon his service with the College shall be deemed to have been terminated without right to severance pay but without prejudice to all other remuneration (3) Any employee of the Teachers’ Service Commission deployed in the College means the Highridge Teachers’ Training College established by under means the Kenya Education Staff Institute established by the
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175 [Issue 1] Order 1. Citation. 2. Interpretation. 3. Establishment of Kenya Institute of Education. 4. Functions of the Institute. 5. Powers of the Institute. 6. The establishment of the Council. 7. Qualifications for appointment. 8. Term of office. 9. General functions of the Council. 10. Director. 11. Committees of the Council. 12. Academic Committee. 13. Course, subject research and evaluation panels. 14. Secretariat Services. 15. Delegation by Council. 16. Vacancy in office. 17. Frequency of meetings and special meetings. 18. Quorum. 19. Chairing of meetings. 20. Decisions of the Council. 21. Disclosure of interest. 22. Common Seal. 23. Remuneration. 24. Appointment of staff. 25. Protection from personal liability. 26. Funds of the institute. 27. Financial year. 28. Annual estimates. 29. Books of accounts records, audit and reports. 30. Investments of funds. 31. Repeal of L.N. 105/1976 and savings.
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PART I – PRELIMINARY 1. This Order may be cited as the Kenya Institute of Education Order, 2010. 2. In this Order, except where the context otherwise requires— “Minister” means the Minister for the time being responsible for matters relating to means all the programmes of the Institute that facilitate formal, non-(1) There is hereby established an Institute to be known as the Kenya Institute of Education, which shall be a body corporate with perpetual succession and a common (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of (c) doing or performing all such other things or acts necessary for the proper performance of its functions which may lawfully be done by a body (2) The Institute shall be the successor to the Institute known as Education existing immediately before the commencement of this Order. (a) implement the policies relating to curriculum development in basic and (b) initiate, develop and review curricula for basic and tertiary education and training in collaboration with other relevant bodies ; (c) prepare programmes and curricula for— (i) early childhood care, development and education; (ii) primary education; (iii) secondary education; (iv) adult, continuing and non-formal education; (v) teacher education and training; (vi) special education;
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177 [Issue 1] (vii) tertiary education and training; and (viii) management, industrial and professional training; (d) initiate and conduct curriculum based research to inform curriculum (e) collect, document and catalogue information on curricula, curriculum materials and innovations to create a data bank and disseminate the information to educational institutions and stakeholders; (f) publish and disseminate information relating to curriculum for basic and (g) organize and conduct in-service and orientation programmes for teachers, teacher trainers, quality assurance standard officers and field officers (h) prepare, disseminate and transmit programmes and curriculum support materials through mass media, learning, distance learning and any other (i) initiate and propose policy review in curriculum development; (j) evaluate, vet and approve curriculum and curriculum support materials for (k) offer curriculum-based consultancy services in basic and tertiary education (l) receive, consider, develop and review curriculum proposals. (a) create, develop, apply for and hold intellectual property rights and enter into agreements or arrangements for their commercial exploitation or otherwise (b) enter into arrangements with other similar institutions or professional (c) do any other thing which is necessary or convenient to be done in connection with or incidental to its functions. (1) There shall be a Council of the Institute, which shall have the responsibility of (a) a chairperson appointed by the President; (b) the Permanent Secretary in the Ministry responsible for education; (c) the Permanent Secretary in the Ministry responsible for higher education, (d) the Permanent Secretary to the Treasury; and (e) not more than seven other members, not being employees of the Institute and of whom not more that three shall be public officers, appointed by the (f) the Director of the Institute, who shall be the Secretary.
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(3) The members referred to in paragraph (2)(b), (c) and (d) may, in writing, designate a senior officer, not being below the level of a Deputy Secretary, to represent them on the A person shall be eligible for appointment as the chairman or a member of the Council (a) in the case of the chairman, holds a degree from a recognized university (b) in the case of a member, holds a degree from a recognized university in his (1) Subject to the provisions of this Order, the Chairperson and members of the Council shall hold office for a term of three (3) years and shall be eligible for re-appointment for one further term: Provided that in the case of the initial members appointed under this Order, the (a) four (4) members whose terms of office shall expire at the end of two years (b) other members whose terms of office shall expire at the end of three years The Council shall have all the powers necessary for the proper performance of its functions under this Order, and in particular, but without prejudice to the generality of the (a) manage, supervise and administer the assets of the Institute in such a (b) determine the provisions to be made for capital, recurrent expenditure and (c) receive any grants, gifts, donations or endowments on behalf of the Institute (d) enter into association with such other bodies or organizations within or outside Kenya as the Council may consider desirable or appropriate and in (e) open a banking account or bank accounts for the funds of the Institute; and (f) constitute working panels for the purpose of the performance of the (1) There shall be a Director of the Institute who shall be appointed by the Council on such terms and conditions as may be approved by the Minister and specified in the instrument of appointment. (2) The Director shall be the chief executive (1) The Council may establish such committees as it may consider appropriate to
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179 [Issue 1] (2) Without prejudice to the provisions of subparagraph (1), the Council shall establish (a) the Academic Committee; (b) the Finance Committee; (c) the Audit Committee; and (d) the Human Resource and Integrity Committee. (a) the Education Secretary who shall be the chairman; and (b) not less than thirteen nor more than twenty members appointed by the (a) the Ministries responsible for (i) education; (ii) higher education, science and technology; (b) the Kenya National Examinations Council; (c) the Commission for Higher Education; (d) the Kenya Institute of special Education; and (e) the schools of Education in a public and a private university respectively. (3) The Committee may co-opt other persons whose knowledge and experience it (a) keep under constant review the curricula at different levels of education and (b) oversee the quality of educational programmes developed by the Institute; (c) coordinate and guide the activities of subject and course panels appointed (d) review broad issues relating to curriculum and education policy and make (e) approve all educational programmes (4) The Academic Committee may establish its own rules of procedure and shall (1) The Council shall, in consultation with the Academic Committee, appoint and assign functions to such Course Panels, Subject Panels, and Research and Evaluation (2) The chairpersons of the panels appointed under this paragraph shall be as (a) Each course panel shall be chaired by an officer who is in charge of quality (b) Each subject panel shall be chaired by an appropriate subject specialist in
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(c) The Research and Evaluation panel shall be chaired by the Education Secretary in the Ministry responsible for higher education, science and (a) examine the curriculum in a broad educational area; (b) keep the relevant course under constant review and make recommendations to the Academic Committee; (c) coordinate and guide the activities of the Subject Panels; and (d) where applicable, liase with other institutions and agencies involved in (a) initiate and guide appropriate curriculum development activities in the (b) keep the existing syllabuses in a subject or curriculum area under constant review and make recommendations to the Course Panel; (c) review teaching and learning materials and make recommendations to the (d) keep assessments and examinations conducted in the relevant subject (a) initiate and guide appropriate research projects; (b) keep the need for curriculum based research and evaluation under constant review and (c) give general guidance and support to the curriculum-based research and evaluation programmes of the Institute. The Director shall provide secretariat services to the Academic Committee and the panels appointed under paragraph 11. 15. Delegation by Council The Council may, by resolution either generally or in any particular case delegate to The office of a member of the Council, other than an ex officio member, shall become (a) when the member resigns by giving notice in writing, in the case of the chairman, to the President, and in the case of any other member, to the Minister, which notice shall take effect on the date specified therein, and, where no date is specified, on the date of receipt of the notice by the (b) when the appointment is revoked by the Minister where the member— (i) becomes insolvent or enters into a composition or scheme of (ii) is convicted of any offence by a court of competent jurisdiction; (iii) is incapacitated by reason of infirmity of body or mind;
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181 [Issue 1] (iv) is absent from three consecutive meetings of the Council without the (v) is otherwise unable or unfit to (2) Where the office of the chairman or a member of the Council becomes vacant under this paragraph, the President or the Minister, as the case may be, may appoint (1) The Council shall hold not less than four meetings in every financial year, and not more than four months shall elapse between the date of one meeting and the date of the (2) Notwithstanding the provisions of subparagraph (1), the chairperson may, and (3) The notice for a meeting for the Council shall be in writing, and shall be for a (a) fourteen days in the case of a meeting under subparagraph (1); and (b) seven days in the case of a meeting under subparagraph (2). The quorum for the conduct of business at a meeting of them Council shall be two (1) The Chairperson shall preside at every meeting of the Council at which he is (2) In the absence of the chairperson from the meeting the vice chairperson shall chair, and in the absence of both the chairperson and the vice-chairperson, the members Unless a unanimous decision is reached, a decision on any matter before the Council shall be by a majority of the votes of the members present and voting, and in the case of (1) If a member is directly or indirectly interested in any contract, proposed contract or other matter before the Council and is present at a meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration, the member shall, at the meeting and as soon as rthereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the (2) A disclosure of interest made under this(3) A member of the Council who contravenes subparagraph (1) commits an offence and shall be liable on conviction to a fine of one hundred thousand shillings, or to
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(1) Subject to this Order, the common seal of the Council shall be kept in such custody as the Council may direct and shall not be used except in the manner authorized (2) All deeds, instruments, contracts and other documents shall be deemed to be duly (a) where they are required to be under seal, if sealed with the common seal of (b) where they are not required to be under seal, if executed in that behalf by a (3) A deed, instrument, contract or other document executed in accordance with subparagraph (2) shall be effective in law to bind the Council and its successors and may 23. Remuneration may, with the approval of the Minister, determine, and shall be entitled to be paid their 24. Appointment of staff The Council may employ such staff or engage such consultants or experts or approve such secondment as may be necessary for the proper performance of its functions, on Nothing done by a member of the Council or any officer, employee or agent of the Council shall, if it is done for executing the functions, powers or duties of the Council, render the member, officer, employee or agent or any person acting on the (a) such sums as may be provided by Parliament; (b) such monies as may accrue to or vest in the Institute in the course of the exercise of its powers or the performance of its functions under this Order or (c) all monies from any other source provided for or donated or lent to the The financial year of the Institute shall be the period of twelve months ending on the 28. Annual estimates (1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the
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183 [Issue 1] (2) The annual estimates shall make provision for all the estimated expenditure of the (a) the payment of salaries, allowances and other charges in respect of the (b) the payment of pensions, gratuities and other charges in respect of the staff (c) the proper maintenance of the buildings and grounds of the Institute. (3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Minister for 29. Books of accounts records, audit and reports (1) The Council shall cause to be kept proper books of accounts of all the income and expenditure, assets and liabilities undertakings, funds, activities, contracts, transactions (2) The Council shall ensure that all moneypayments out of its funds are correctly made and properly authorized and that adequate control is maintained over its assets and liabilities. (3) The account of the Institute shall be audited in accordance with the Public Audit (1) The Council may invest any of the funds of the Institute in any securities which the (2) The Council may, subject to the approval of Treasury, place on deposit with such bank or banks as the Council may determine, any monies not immediately required for the (3) Any balance of grant may be carried forward in the accounts of the Council from one year to the next and be expended as the Council may determine, or be put into a (a) all the rights duties, obligations, assets and liabilities of the former Institute existing at the commencement of this Order shall be automatically and fully (b) any reference to the former Institute in any contract or document shall, for (c) any person who is an employee of the former Institute immediately before the commencement of this Order shall upon such commencement be (d) the annual estimates of the former Institute for the financial year in which the appointed day occurs shall be deemed to be the annual estimates of the
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(e) the administrative directions made by the former Institute or by the Minister and which are in force immediately before the appointed day shall, on or after such day, have force as if they were directions made by the Council or (f) any donation or government funding of a continuing nature administered by the former Institute or its Council and existing immediately before the commencement of this Order shall be administered by the Institute, but otherwise in accordance with the terms and conditions to which it was (g) all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments made or entered into, on behalf of shall, or in relation to the former Institute or its Council have effect as if made or entered into by, (h) all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before the commencement of this Order, by, against, or in relation to the former Institute shall have effect as if they were proceedings by, against, or in relation to the Institute, and may be continued and completed (i) the members of the Council of the former Institute immediately before the appointed day shall be deemed to be members of the Council appointed means the Kenya Institute of Education established by the

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