The Basic Education (Education Standards and Quality Assurance Council) Regulations

These Regulations may be cited as the Basic Education (Education Standards and Quality Assurance Council) Regulations.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 11 of 2014
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Regulations may be cited as the Basic Education (Education Standards and Quality Assurance Council) Regulations. Part of an interpretation/definition provision containing the fragment: "Section a person in a particular skill or subject area; or" States the object of the Regulations is to establish and provide for the operations of the Education Standards and Quality Assurance Council. Establishes the Education Standards and Quality Assurance Council. The Council must establish, maintain and improve institution-based quality assurance.

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Provisions of The Basic Education (Education Standards and Quality Assurance Council) Regulations

Showing 34 of 34

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Regulations may be cited as the Basic Education (Education Standards and Quality Assurance Council) Regulations.

Section 1. Citation Section These Regulations may be cited as the Basic Education (Education Standards and Quality Assurance Council) Regulations.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Part of an interpretation/definition provision containing the fragment: "Section a person in a particular skill or subject area; or"

Section 2. Interpretation Section a person in a particular skill or subject area; or
3
PRELIMINARY - 3. Object of the Regulation

AI-assisted research summary: States the object of the Regulations is to establish and provide for the operations of the Education Standards and Quality Assurance Council.

Section 3. Object of the Regulation Section The object of these Regulations is to establish and provide for the operations of the Education Standards and Quality Assurance Council .

Part II

ESTABLISHMENT OF THE EDUCATION STANDARDS AND QUALITY ASSURANCE COUNCIL

4
ESTABLISHMENT OF THE EDUCATION STANDARDS AND QUALITY ASSURANCE COUNCIL - 4. Establishment of theCouncil

AI-assisted research summary: Establishes the Education Standards and Quality Assurance Council.

Section 4. Establishment of theCouncil Section 4(1) There is established the Council known as Education Standards and Quality Assurance Council . Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, borrowing, holding, charging or disposing of movable and immovable property; Section 4(2)(c) borrowing money or making investments; and Section 4(2)(d) doing or performing all such things or acts necessary for proper performance of its functions under these Regulations which may be lawfully performed by a body corporate. Section 4(3) The Council shall be the successor to the Directorate of Quality Assurance and Standards existing immediately before the commencement of these Regulations. Section 4(4) The headquarters of the Council shall be in Nairobi with the functions devolved to the Counties and Wards.
5
ESTABLISHMENT OF THE EDUCATION STANDARDS AND QUALITY ASSURANCE COUNCIL - 5. Functions of the Council

AI-assisted research summary: The Council must establish, maintain and improve institution-based quality assurance.

Section 5. Functions of the Council Section establish, maintain and improve institution-based quality assurance;

Part III

COMPOSITION AND MEMBERSHIP OF THE COUNCIL

10
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 10. Vacation of office of the Chairperson or members of theCouncil

AI-assisted research summary: The Chairperson or members resign from office by notice in writing to the Cabinet Secretary.

Section 10. Vacation of office of the Chairperson or members of theCouncil Section resigns from office by notice in writing to the Cabinet Secretary;
11
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 11. Powers of theCouncil

AI-assisted research summary: The Council Section must manage, supervise and administer the Council's assets in a manner that promotes its established purpose.

Section 11. Powers of theCouncil Section manage, supervise and administer the assets of Council in such manner as best promotes the purpose for which it is established;
12
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 12.Council Secretaryto be responsible for day to day affairs of theCouncil

AI-assisted research summary: The Council Secretary must manage the Council's day-to-day activities and report to the governing Council.

Section 12.Council Secretaryto be responsible for day to day affairs of theCouncil Section The Council Secretary shall be responsible for the day-to-day activities of the Council and shall report to the governing Council .
13
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 13. Constituting Committees and delegation of powers of theCouncil

AI-assisted research summary: constitute such committees as it may consider necessary for the better performance of the functions of the Council

Section 13. Constituting Committees and delegation of powers of theCouncil Section constitute such committees as it may consider necessary for the better performance of the functions of the Council ; and
14
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 14. Remuneration ofCouncilmembers

AI-assisted research summary: Council members must be paid remuneration or allowances as determined by the Salaries and Remuneration Commission.

Section 14. Remuneration ofCouncilmembers Section The members of Council shall be paid such remuneration or allowances as may be determined by the Salaries and Remuneration Commission.
15
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 15. Employment of staff and engagement of consultants

AI-assisted research summary: The Council may employ staff, engage consultants or experts, or approve secondments as necessary for performing its functions, subject to terms approved by the Cabinet Secretary in consultation with the Public Service Commission and the Salaries and Remuneration Commission.

Section 15. Employment of staff and engagement of consultants Section The Council may employ such staff or engage such consultants or experts or approve such secondment to the Council as may be necessary for the proper performance of its functions, on such terms and conditions as may be approved by the Cabinet Secretary in consultation with the Public Service Commission and the Salaries and Remuneration Commission.
16
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 16. Deployment of staff to County and sub-county offices

AI-assisted research summary: The Council must establish offices in each County and deploy its staff to County and sub-County offices.

Section 16. Deployment of staff to County and sub-county offices Section The Council shall establish offices in each County and shall deploy its staff to the County and sub-County offices.
17
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 17. Appointment of the Chief Executive Officer

AI-assisted research summary: The Council must appoint a Chief Executive Officer through a competitive, fair and open recruitment process; the appointee must meet the listed qualifications.

Section 17. Appointment of the Chief Executive Officer Section 17(1) There shall be a Chief Executive Officer of the Council who shall be appointed by the Council through a competitive, fair and open recruitment process. Section 17(2)(a) is a citizen of Kenya; Section 17(2)(b) holds at least a postgraduate degree in education or its equivalent from a university recognized in Kenya; Section 17(2)(c) has at least ten years' experience at management level in matters related to education; and Section 17(2)(d) meets the requirements of Chapter Six of the Constitution.
18
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 18. Terms of office of the Chief Executive Officer

AI-assisted research summary: The Chief Executive Officer holds office for five years and is eligible for re-appointment for one further term.

Section 18. Terms of office of the Chief Executive Officer Section The Chief Executive Officer shall hold office for a period of five years and shall be eligible for re-appointment for one further term.
19
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 19. Removal of the Chief Executive Officer

AI-assisted research summary: Lists grounds for removal of the Chief Executive Officer and requires that, before removal, the Chief Executive Officer be given at least thirty days' notice of the allegations and an opportunity to present a defence to the Council.

Section 19. Removal of the Chief Executive Officer Section 19(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 19(1)(b) gross misconduct or misbehavior; Section 19(1)(c) incompetence or neglect of duty; Section 19(1)(d) a conviction in a court of competent jurisdiction for an offence in contravention of the tenets of Chapter Six of the Constitution; or Section 19(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 19(2) The Chief Executive Officer shall, before being removed from office, be given not less than thirty days' notice of the allegations made against him or her and shall be afforded an opportunity to present his or her defence against the allegations to the Council .
20
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 20. Terms of office ofCouncilmembers

AI-assisted research summary: The Chairperson and a person appointed as a Council member must serve a four-year term and are eligible for one further final re-appointment.

Section 20. Terms of office ofCouncilmembers Section The Chairperson and a person appointed as member of the Council shall serve for a term of four years and shall be eligible for re-appointment for one further final term.
21
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 21. Filling a vacancy

AI-assisted research summary: When a vacancy occurs in the Council's membership, the Cabinet Secretary must convene a selection panel within fourteen days of notification to select a suitable person to fill the vacancy.

Section 21. Filling a vacancy Section Where a vacancy occurs in the membership of the Council , the Cabinet Secretary shall, within fourteen days of the notification of the vacancy, convene a selection panel in accordance with the First Schedule for the purpose of selecting a suitable person to fill the vacancy.
6
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 6. Composition of theCouncil

AI-assisted research summary: Lists the composition and membership of the Council, naming the chairperson, Chief Executive Officer (Secretary to the Council), specific secretaries and representatives, and up to six other appointed members with gender representation requirements; allows co-opting two ex‑officio members.

Section 6. Composition of theCouncil Section 6(1)(a) a chairperson appointed by the Cabinet Secretary; Section 6(1)(b) a Chief Executive Officer appointed by the Cabinet Secretary who shall be the Secretary to the Council ; Section 6(1)(c) the Principal Secretary of the Ministry responsible for matters relating to Basic Education or representative; Section 6(1)(d) the Director of the Kenya Institute of Curriculum Development; Section 6(1)(e) the Secretary of the Teachers Service Commission; Section 6(1)(f) the Secretary of the Kenya National Examination Council ; Section 6(1)(g) the Secretary of the Commission for University Education; Section 6(1)(h) not more than six other members, three of whom shall be of the opposite gender not being employees of Ministry of Education, appointed by the Cabinet Secretary in Consultation with the Board, each to represent— Section 6(1)(i) the teacher training institutions; Section 6(1)(i)(i) the teacher training institutions; Section 6(1)(i)(ii) the interest of Adult and Continuing Education; Section 6(1)(i)(iii) Parents Association; Section 6(1)(i)(iv) primary and secondary heads association; and Section 6(1)(i)(v) the office of the Attorney-General. Section 6(2) The Council may co-opt in its membership two ex-officio members at any one time as it may deem necessary.
7
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 7. Appointment of the Chairperson

AI-assisted research summary: The Chairperson holds a master's degree in education from a recognized university.

Section 7. Appointment of the Chairperson Section holds a master's degree in education from a recognized university;
8
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 8. Appointment of Members of the Council

AI-assisted research summary: The Cabinet Secretary must apply the procedure set out in the First Schedule when making appointments under this part.

Section 8. Appointment of Members of the Council Section 8(1)(a) has a degree from a university recognised in Kenya; Section 8(1)(b) has at least ten years' experience in a senior position in the public service or a practitioner in a relevant profession or industry; and Section 8(1)(c) meets the requirements of Chapter Six of the Constitution. Section 8(2)(a) is state officer; Section 8(2)(b) is declared to be of unsound mind; Section 8(2)(c) is an undischarged bankrupt; or Section 8(2)(d) found to have misused, abused a state office or public office or in any way contravened Chapter six of the Constitution satisfies the requirements of Chapter Six of the Constitution. Section 8(3) In making appointments under this part, the Cabinet Secretary shall apply the procedure set out in the First Schedule.
9
COMPOSITION AND MEMBERSHIP OF THE COUNCIL - 9. Term of office of Chairperson and member of theCouncil

AI-assisted research summary: The Chairperson and members of the Council serve a four-year term and are eligible for reappointment for one further term.

Section 9. Term of office of Chairperson and member of theCouncil Section The Chairperson and members of the Council shall hold office for a term of four years and shall be eligible for reappointment for one further term.

Part IV

COMMITTEES OF THE COUNCIL

22
COMMITTEES OF THE COUNCIL - 22. Committees of theCouncil

AI-assisted research summary: The Council may set up committees it considers appropriate; the Council Secretary must provide secretariat services to those committees, and the provision lists five named committees.

Section 22. Committees of theCouncil Section 22(1) The Council may establish such committees as it may consider appropriate to perform such functions and discharge such responsibilities as it may determine. Section 22(2) The Council Secretary shall provide secretariat services to the Committees appointed. Section 22(3)(a) the Quality Assurance and Standards Committee; Section 22(3)(b) the Finance Committee; Section 22(3)(c) the Audit Committee; Section 22(3)(d) the Human Resource and Integrity Committee; and Section 22(3)(e) the Procurement Committee.
23
COMMITTEES OF THE COUNCIL - 23. Quality Assurances and Standards Committee

AI-assisted research summary: Creates the Quality Assurance and Standards Committee, lists its members, allows it to make its own procedures, and requires it to submit meeting proceedings to the Council for approval.

Section 23. Quality Assurances and Standards Committee Section 23(1)(a) the Principal Secretary who shall be the Chairperson; and Section 23(1)(b) the Director General of Education; Section 23(1)(b)(i) the Director General of Education; Section 23(1)(b)(ii) the Kenya National Examination Council ; Section 23(1)(b)(iii) the Kenya Institute of Curriculum Development; Section 23(1)(b)(iv) the Commission for University Education; Section 23(1)(b)(v) the Teachers Service Commission; and Section 23(1)(b)(vi) the interest of persons with disabilities. Section 23(2)(a) keep under constant review the quality and standards of education in Basic Education and training; and Section 23(2)(b) oversee the quality of education programme in Basic Education. Section 23(3) The Quality Assurance and Standards Committee may establish its own rules of procedure and shall submit the proceedings of its meetings to the Council for approval.
24
COMMITTEES OF THE COUNCIL - 24. Procedures of theCouncil

AI-assisted research summary: The Council must conduct its business in accordance with the Second Schedule; except as provided in the second schedule, the Council may regulate its meeting procedures as necessary for performing its functions.

Section 24. Procedures of theCouncil Section 24(1) The business and affairs of the Council shall be conducted in accordance with the Second Schedule. Section 24(2) Except as provided in the second schedule, the Council may regulate the procedures of its meetings as it may consider necessary for the performance of the functions of the Council .

Part V

FINANCIAL PROVISIONS

25
FINANCIAL PROVISIONS - 25. Funds of theCouncil

AI-assisted research summary: Parliament may provide sums for the Council.

Section 25. Funds of theCouncil Section such sums as may be provided by Parliament;
26
FINANCIAL PROVISIONS - 26. Financial Year

AI-assisted research summary: The Council's financial year is the twelve-month period ending on the thirtieth day of June each year.

Section 26. Financial Year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth day of June in each year.
27
FINANCIAL PROVISIONS - 27. Annual Estimates

AI-assisted research summary: The Council must prepare annual revenue and expenditure estimates at least three months before each financial year and must approve the annual estimates before the start of that financial year.

Section 27. Annual Estimates Section 27(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 Council for that year. Section 27(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Council ; Section 27(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Council ; and Section 27(2)(c) the proper maintenance of the buildings and grounds of the Council . Section 27(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.
28
FINANCIAL PROVISIONS - 28. Book of Accounts and Audits

AI-assisted research summary: The Council must keep proper books of account, ensure money and payments are correctly recorded and authorised, maintain control of assets and liabilities, and have its accounts audited under the Public Audit Act, 2003.

Section 28. Book of Accounts and Audits Section 28(1) The Council shall cause to be kept proper books of accounts of all the income and expenditure, assets and liabilities undertakings, funds, activities, contracts, transactions and other business of the Council . Section 28(2) The Council shall ensure that all money received is properly brought to account, all payments out of its funds are correctly made and properly authorised and that adequate control is maintained over its assets and liabilities. Section 28(3) The accounts of the Council shall be audited in accordance with the Public Audit Act , 2003 (No. 12 of 2003).
29
FINANCIAL PROVISIONS - 29. Investment of Funds

AI-assisted research summary: The Council may invest funds in approved securities; may deposit unneeded monies in banks with Cabinet Secretary approval; and balances of grant may be carried forward or put into a reserve account.

Section 29. Investment of Funds Section 29(1) The Council may invest any of its funds in any securities which the Cabinet Secretary may, from to time, approve for that purpose. Section 29(2) The Council may, subject to the approval of Cabinet Secretary, place on deposit with such bank or banks as the Council may determine, any monies not immediately required for the purposes of the Council . Section 29(3) Any balance of grant may be carried forward in the accounts of the Council from one year to next and be expended as the Council may determine, or be put into a reserve account of the Council .

Part VI

GENERAL PROVISIONS

30
GENERAL PROVISIONS - 30. Common Seal

AI-assisted research summary: The Council must keep its common seal in custody as it directs; the seal must not be used except in the manner the Council authorizes. Documents required to be under seal are valid if sealed and authenticated by the Chairperson and Secretary, and documents not required to be under seal are valid if executed by a member authorized by the Council. Such documents bind the Council and its successors and may be varied or discharged in the same manner as executed.

Section 30. Common Seal Section 30(1) 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 by the Council . Section 30(2)(a) where they are required to be under seal, if sealed with the common seal of the Council and authenticated by the Chairperson and the Secretary; or Section 30(2)(b) where they are not required to be under seal, if executed in that behalf by a member authorized by the Council for that purpose. Section 30(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 be varied or discharged in the same manner as that in which it was executed.
31
GENERAL PROVISIONS - 31. Remuneration ofCouncilmembers

AI-assisted research summary: Members of the Council must be paid remuneration or allowances; the Council may determine those amounts with the Cabinet Secretary's approval; members are entitled to travelling and other allowances for Council work.

Section 31. Remuneration ofCouncilmembers Section The members of Council shall be paid such remuneration or allowances as the Council may, with the approval of the Cabinet Secretary, determine and shall be entitled to travelling and other allowances in connection with the work of the Council .
32
GENERAL PROVISIONS - 32. Protection from personal liability

AI-assisted research summary: Members, officers, employees or agents of the Council (and persons acting on its directions) are not personally liable for acts done bona fide in execution of Council functions; if a court finds an act was done bona fide the Council must pay legal expenses from its general funds unless those expenses are recovered in the suit.

Section 32. Protection from personal liability Section 32(1) Nothing done by a member of the Council or any officer, employee or agent of the Council shall, if it is done bona fide in execution of the functions, powers or duties of the Council , render the member, officer, employee or agent or any person acting on the directions of the Council personally liable to any action, claim or demand whatsoever. Section 32(2) Any expenses incurred by any person in any suit or prosecution brought against him or her in any court, in respect of any act which is done or purported to be done by him or her under the direction of the Council , shall, if the court holds that such act was done bona fide , be paid out of the general funds of the Council , unless such expenses are recovered by him or her in such suit or prosecution.

Part VII

TRANSITIONAL PROVISIONS

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TRANSITIONAL PROVISIONS - 33. Staff of theCouncil

AI-assisted research summary: Staff and officers of the former Directorate of Quality Assurance and Standards who held those positions immediately before these Regulations commence shall, on the date of commencement, automatically become staff or officers of the Council under the Council's terms of service.

Section 33. Staff of theCouncil Section Any person who is a member of staff or officer, of the former Directorate of Quality Assurance and Standards, immediately before the date of commencement of these Regulations shall on the date of commencement, automatically become a member of staff or officer of the Council under the terms of Service of the Council as provided for in the appointment of staff under these Regulations.
34
TRANSITIONAL PROVISIONS - 34. Assets and Records

AI-assisted research summary: Assets and records of the former Directorate of Quality Assurance and Standards become the property of the Council on commencement of these Regulations.

Section 34. Assets and Records Section Any asset and records of the former Directorate of Quality Assurance and Standards shall on the date of commencement of these Regulations become the property of the Council .

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