This Is An Act Of Parliament That Was Enacted To Operationalize Article 53 Of The Constitution And Other Related Provisions By;
The Act Applies To Institutions Of Basic Education Under The Act. (Section 3)
“Basic education” - educational programmes offered in an institution of basic education (includes both Adult basic education and pre-primary education.
“Adult and continuing education” - learning processes within the perspective of lifelong learning where an adult or out-of-school youth is granted an opportunity in an institution of basic education for purposes of developing abilities, enriching knowledge and improving skills;
“Adult basic education” - basic education offered (full-time or part-time) to a person above 18 years.
“Pre-Primary Education” means education offered to a child of four or five years before joining level one in a primary school;
“Special school” means a school established for the benefit of a particular class of children who require some special form of education, treatment or care;
Compulsory school age – at the age of Four (4) years [section 33 (1)]
Parents Association (3rd Schedule to the Act)
This is established for every public or private secondary school and should consist of;
This association should have an Executive Committee consisting of representatives of each class and two teachers elected during an annual general meeting of parents and teachers.
The Head or Principal is the Secretary to the Association.
The functions of the Parents Association shall be to—
Ø Promote quality care, nutritional and health status of the pupils;
Ø Maintain good working relationship between teachers and parents;
Ø Discuss, explore and advise the parents on ways to raise funds for the physical development and maintenance;
Ø Explore ways to motivate the teachers and pupils to improve their performance in academic and co-curricular activities;
Ø Discuss and recommend charges to be levied on pupils or parents;
Ø Undertake and oversee development projects on behalf of the whole Parents Association;
Ø Assist the school management in the monitoring, guidance, counselling and disciplining of pupils; and
Ø Discuss and recommend measures for the welfare of staff and pupils
National Education Board (section 5-16)
Board consists of a chairperson and eight other members appointed by the Cabinet Secretary
Its function is to advise the Cabinet Secretary, the department of education and related departments on policy matters regarding;
v Collaboration with the Quality Assurance and Standards Council, Teachers Service Commission and with other stakeholders to promote standards in basic education and training;
v Working with all relevant authorities and agencies to ensure that all the barriers to the right to quality education are removed and that the National and County governments facilitate the realization of the right to education by all Kenyans;
v Formulate guidelines for approval by the Cabinet Secretary on the establishment of basic education institutions;
v Putting measures in place to ensure all children attend and remain in school to complete basic education requirements;
v Putting measures to ensure, where applicable, transition to the next level of education, especially or the vulnerable and marginalized children;
v Any other matter as shall be from time to time be referred to the Board by the Cabinet Secretary.
County Education Board (section 17-25)
Established for every county and is an agent of the National Education Board.
Every County Education Board consist of a Chairperson, and 12 other members appointed by the Cabinet Secretary
The functions of the County Education Board shall be to—
ü Oversee the operation and management of youth polytechnics, pre-primary education in the county;
ü Coordinate and monitor education and training in the County;
ü Interpret national policies in education based on the county’s needs;
ü Initiate proposals for policy reforms;
ü Plan, promote, develop, and coordinate education, training and research in the county;
ü Collaborate with the Board of Management, the Principal, the Head Teacher, and other appropriate authorities in the management of basic schools;
ü Register and maintain a data bank of all education and training institutions within the county;
ü Monitor curriculum implementation in basic education in the county;
ü Monitor the conduct of examinations and assessments at the basic education and training levels in the county;
ü Collaborate with the Teachers Service Commission on teacher management within the county;
ü Prepare and submit a comprehensive school termly annual report to the Cabinet Secretary on all areas of its mandate including education and training services, curriculum, policy implementation and school based audit report within the county;
ü Coordinate with all relevant agencies to ensure that all the barriers to the right to quality education are removed;
ü Put measures in place to ensure all children and youth of school going age within the county attend and stay in to complete basic education;
ü Perform such other functions as may be necessary for the better carrying out of the functions of the county education board under this Act or any other written law.
Education Standards and Quality Assurance Council (sec 64 - 75)
Established in section 64 of the Act.
The Cabinet Secretary is mandated to make regulations prescribing the composition, appointment and terms of service of the members of Education Standards and Quality Assurance Council in accordance with the Constitution and the Act
Functions of the Council –
Go the the website of the DIrectorate of Quality Assurance and Standards (Ministry of Education)
Education Appeals Tribunal -section 93
The Act establishes the Education Appeals Tribunal in section 93.
Persons not satisfied with any decision of the County Education Board may appeal to this tribunal.
The Education Appeals Tribunal shall comprise of—
National Council for Nomadic Education in Kenya (6th Schedule to the Act)
Established in section 94 of the Act
The Council shall consist of the following members—
o A chairperson appointed by the Cabinet Secretary;
o The Principal Secretary in the department responsible for education;
o The Principal Secretary in the department responsible for finance;
o The Principal Secretary in the department responsible for the development of arid and semi-arid lands;
o Three representatives of faith-based organisations;
o A representative of persons with disabilities;
o A women representative;
o A youth representative;
o Two representatives of teachers’ trades union; and
o A representatives of parents vice chairperson.
F Initiate the development of policies on all matters relating to nomadic education in Kenya;
F Mobilise funds from various sources for the development of nomadic education in order to support relevant activities of the Council;
F Institutionalise mechanisms for effective co-ordination, monitoring and evaluation of the activities of agencies involved in the provision of nomadic education;
F Implement guidelines and ensure geographical spread of nomadic education activities and targets for the nomadic people;
F Establish appropriate linkages and partnerships with other participating departments and agencies;
F Determine standards and skills to be attained in schools and institutions within nomadic communities and review such standards from time to time;
F Prepare reliable statistic of nomads and their school-aged children and establish a data bank; and
F Co-ordinate research activities on nomadic education in Kenya.
Roles of County Government (section 26)
Role of Sponsor (section 27)
“Sponsor” - a person or institution who makes a significant contribution and impact on the academic, financial, infrastructural and spiritual development of an institution of basic education;
Role of the Sponsor.
Where a pupil does not attend school, the head teacher or principal should establish the reasons why. Where there is no sufficient reason, he or she should; (Section 40)
Kenya has the following system and structure of education; (section 41)
o Pre-primary education
o Primary education;
o Secondary education;
o Middle level institutions of basic education
Categories of schools
Basic education institutions are categorised under: (section 43)
Special Needs Education (sec 44-48)
Cabinet Secretary to establish and maintain public special schools. He/she may make regulations to govern these schools.
Children with special needs include:
Any person can establish and maintain a private school as long as the school is registered. Section 49
School NOT to be registered if: (section 50)
Every person seeking to offer basic education in Kenya should seek for accreditation and registration under the Act. Section 76
Process – section 76 and 77
Financial Provisions (section 86)
The funding of the Department of Education consists of;
þ Monies provided by Parliament;
þ Any funds provided by bilateral or multilateral donors;
þ Monies that may accrue to or vest in the in the course of the exercise of its functions under this Act;
þ Gifts, grants, donations or endowments given to the Department;
þ Monies that may be borrowed by the Department ;
þ Fees for services rendered to any designated institution in terms of a service agreement; and
þ Monies from any other source provided for the Department or relevant educational institution or programme.
CS to establish mechanisms for school based auditing. Section 90
Go to the website of the Kenya National Examinations Council.
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