Kenya Institute of Education Order

The Institute shall be the successor to the Institute known as the Kenya Institute of Education existing immediately before the commencement of this Order.

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Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 120 of 2010
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

The Institute shall be the successor to the Institute known as the Kenya Institute of Education existing immediately before the commencement of this Order. The Institute Section must implement policies on curriculum development for basic and tertiary education and training. The Institute has the power to create, develop, apply for and hold intellectual property rights and to enter into agreements or arrangements for their commercial exploitation or otherwise as the Council considers appropriate. The Council must appoint a Director of the Institute on terms approved by the Cabinet Secretary; the Director is the chief executive officer and is responsible to the Council for day-to-day management. The Council may establish committees to perform functions and discharge responsibilities it determines.

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Provisions of Kenya Institute of Education Order

Showing 29 of 29

Part II

ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE

3
ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE - 3. Establishment of Kenya Institute of Education

AI-assisted research summary: The Institute shall be the successor to the Institute known as the Kenya Institute of Education existing immediately before the commencement of this Order.

Section 3. Establishment of Kenya Institute of Education Section 3(1)(a) suing and being sued; Section 3(1)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and Section 3(1)(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 corporate. Section 3(2) The Institute shall be the successor to the Institute known as the Kenya Institute of Education existing immediately before the commencement of this Order.
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ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE - 4. Functions of the Institute

AI-assisted research summary: The Institute Section must implement policies on curriculum development for basic and tertiary education and training.

Section 4. Functions of the Institute Section implement the policies relating to curriculum development in basic and tertiary education and training;
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ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE - 5. Powers of the Institute

AI-assisted research summary: The Institute has the power to create, develop, apply for and hold intellectual property rights and to enter into agreements or arrangements for their commercial exploitation or otherwise as the Council considers appropriate.

Section 5. Powers of the Institute Section create, develop, apply for and hold intellectual property rights and enter into agreements or arrangements for their commercial exploitation or otherwise as the Council may consider appropriate;

Part III

THE COUNCIL OF THE INSTITUTE

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THE COUNCIL OF THE INSTITUTE - 10. Director

AI-assisted research summary: The Council must appoint a Director of the Institute on terms approved by the Cabinet Secretary; the Director is the chief executive officer and is responsible to the Council for day-to-day management.

Section 10. Director Section 10(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 Cabinet Secretary and specified in the instrument of appointment. Section 10(2) The Director shall be the chief executive officer of the Institution and responsible to the Council for the day-to-day management of the affairs of the Institute.
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THE COUNCIL OF THE INSTITUTE - 11. Committees of the Council

AI-assisted research summary: The Council may establish committees to perform functions and discharge responsibilities it determines.

Section 11. Committees of the Council Section 11(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 11(2)(a) the Academic Committee; Section 11(2)(b) the Finance Committee; Section 11(2)(c) the Audit Committee; and Section 11(2)(d) the Human Resource and Integrity Committee.
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THE COUNCIL OF THE INSTITUTE - 12. Academic Committee

AI-assisted research summary: Establishes the Academic Committee's membership (including the Education Secretary as Chair and 13–20 Council-appointed members) and lists the Committee's duties to review curricula, oversee programme quality, coordinate panels, review curriculum and education policy issues and recommend to the Council, and approve Institute educational programmes on behalf of the Council.

Section 12. Academic Committee Section 12(1)(a) the Education Secretary who shall be the Chairperson; and Section 12(1)(b) not less than thirteen nor more than twenty members appointed by the Council. Section 12(2)(a) education; Section 12(2)(a)(i) education; Section 12(2)(a)(ii) higher education, science and technology; Section 12(2)(b) the Kenya National Examinations Council; Section 12(2)(c) the Commission for Higher Education; Section 12(2)(d) the Kenya Institute of special Education; and Section 12(2)(e) the schools of Education in a public and a private university respectively. Section 12(3)(a) keep under constant review the curricula at different levels of education and training as provided for in paragraph (c); Section 12(3)(b) oversee the quality of educational programmes developed by the Institute; Section 12(3)(c) coordinate and guide the activities of subject and course panels appointed under paragraph 13; Section 12(3)(d) review broad issues relating to curriculum and education policy and make recommendations to the Council; and Section 12(3)(e) approve all educational programmes developed at the Institute on the behalf of the Council. Section 12(4) The Academic Committee may establish its own rules of procedure and shall submit the proceedings of its meetings to the Council for approval.
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THE COUNCIL OF THE INSTITUTE - 13. Course, subject research and evaluation panels

AI-assisted research summary: The Council must, in consultation with the Academic Committee, appoint and assign functions to Course Panels, Subject Panels and a Research and Evaluation Panel; specified panels must be chaired by named officers.

Section 13. Course, subject research and evaluation panels Section 13(1) The Council shall, in consultation with the Academic Committee, appoint and assign functions to such Course Panels, Subject Panels, and Research and Evaluation Panels as it may consider necessary. Section 13(2)(a) each course panel shall be chaired by an officer who is in charge of quality assurance in the Ministry responsible for education; Section 13(2)(b) each subject panel shall be chaired by an appropriate subject specialist in charge of quality assurance and standards; and Section 13(2)(c) the Research and Evaluation panel shall be chaired by the Education Secretary in the Ministry responsible for higher education, science and technology. Section 13(3)(a) examine the curriculum in a broad educational area; Section 13(3)(b) keep the relevant course under constant review and make recommendations to the Academic Committee; Section 13(3)(c) coordinate and guide the activities of the Subject Panels; and Section 13(3)(d) where applicable, liase with other institutions and agencies involved in human resource development. Section 13(4)(a) initiate and guide appropriate curriculum development activities in the relevant subject; Section 13(4)(b) keep the existing syllabuses in a subject or curriculum area under constant review and make recommendations to the Course Panel; Section 13(4)(c) review teaching and learning materials and make recommendations to the Course Panel; and Section 13(4)(d) keep assessments and examinations conducted in the relevant subject under constant review and make recommendations to the Course Panel. Section 13(5)(a) initiate and guide appropriate research projects; Section 13(5)(b) keep the need for curriculum-based research and evaluation under constant review; and Section 13(5)(c) give general guidance and support to the curriculum-based research and evaluation programmes of the Institute.
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THE COUNCIL OF THE INSTITUTE - 14. Secretariat Services

AI-assisted research summary: The Director must provide secretariat services to the Academic Committee and the panels appointed under paragraph 11.

Section 14. Secretariat Services Section The Director shall provide secretariat services to the Academic Committee and the panels appointed under paragraph 11.
15
THE COUNCIL OF THE INSTITUTE - 15. Delegation by Council

AI-assisted research summary: The Council may, by resolution, delegate any of its powers, functions or duties to a committee or to members, officers, employees or agents of the Institute.

Section 15. Delegation by Council Section The Council may, by resolution either generally or in any particular case delegate to any committee of the Council or to any member, officer, employee or agent of the Institute, the exercise of any of the powers or the performance of any of its functions or duties.
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THE COUNCIL OF THE INSTITUTE - 16. Vacancy in office

AI-assisted research summary: Section 16 lists events that create a vacancy in the Chairperson's or a member's office (resignation by written notice; insolvency or composition with creditors; conviction of an offence; incapacity by infirmity; absence from three consecutive Council meetings without leave; or otherwise being unable or unfit), and provides that the President or the Cabinet Secretary may appoint a replacement when a vacancy occurs.

Section 16. Vacancy in office Section 16(1)(a) when the member resigns by giving notice in writing, in the case of the Chairperson, to the President, and in the case of any other member, to the Cabinet Secretary, 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 President or the Cabinet Secretary, as the case may be; Section 16(1)(b) becomes insolvent or enters into a composition or scheme of arrangement for the benefit of his creditors; Section 16(1)(b)(i) becomes insolvent or enters into a composition or scheme of arrangement for the benefit of his creditors; Section 16(1)(b)(ii) is convicted of any offence by a court of competent jurisdiction; Section 16(1)(b)(iii) is incapacitated by reason of infirmity of body or mind; Section 16(1)(b)(iv) is absent from three consecutive meetings of the Council without the leave of the Chairperson; or Section 16(1)(b)(v) is otherwise unable or unfit to discharge the functions of the Council. Section 16(2) Where the office of the Chairperson or a member of the Council becomes vacant under this paragraph, the President or the Cabinet Secretary, as the case may be, may appoint another person as a replacement of the person vacating office.
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THE COUNCIL OF THE INSTITUTE - 17. Frequency of meetings and special meetings

AI-assisted research summary: The Council must hold at least four meetings each financial year and no more than four months may pass between meetings; the Chairperson may call special meetings and must call one if at least five members requisition in writing; notice periods of 14 and 7 days apply respectively.

Section 17. Frequency of meetings and special meetings Section 17(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 next meeting. Section 17(2) Notwithstanding the provisions of subparagraph (1), the Chairperson may, and shall, upon requisition in writing by at least five members of the Council, convene a special meeting of the Council at any time for the transaction of its business. Section 17(3)(a) fourteen days in the case of a meeting under subparagraph (1); and Section 17(3)(b) seven days in the case of a meeting under subparagraph (2).
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THE COUNCIL OF THE INSTITUTE - 18. Quorum

AI-assisted research summary: The quorum for a meeting of the Council is two thirds of all Council members.

Section 18. Quorum Section The quorum for the conduct of business at a meeting of the Council shall be two thirds of all the members of the Council.
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THE COUNCIL OF THE INSTITUTE - 19. Chairing of meetings

AI-assisted research summary: Specifies who chairs Council meetings: the Chairperson must preside when present; if absent the vice-Chairperson must chair; if both absent the members present must elect a member to preside, who will have the Chairperson's powers for that meeting.

Section 19. Chairing of meetings Section 19(1) The Chairperson shall preside at every meeting of the Council at which he is present. Section 19(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 present shall elect one of their number to preside, who shall, with respect to that meeting and the business transacted thereat, have all the powers of the Chairperson.
20
THE COUNCIL OF THE INSTITUTE - 20. Decisions of the Council

AI-assisted research summary: If the Council does not reach a unanimous decision, it must decide matters by a majority of votes of members present and voting; if votes are equal, the Chairperson (or person presiding) has a casting vote.

Section 20. Decisions of the Council Section 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 an equality of votes, the Chairperson or the person presiding shall have a casting vote.
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THE COUNCIL OF THE INSTITUTE - 21. Disclosure of interest

AI-assisted research summary: Members of the Council who have a direct or indirect interest in a matter before the Council must disclose the interest at the meeting and must not participate in consideration, discussion, voting, or be counted in the quorum for that matter.

Section 21. Disclosure of interest Section 21(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 reasonably practicable after the commencement thereof, 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 quorum of the meeting during consideration of the matter. Section 21(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. Section 21(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 imprisonment for a term of six months, or to both.
22
THE COUNCIL OF THE INSTITUTE - 22. Common Seal

AI-assisted research summary: The Council must keep the common seal in custody as the Council may direct and must not use it except as authorized by the Council.

Section 22. Common Seal Section 22(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 by the Council. Section 22(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; Section 22(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 22(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.
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THE COUNCIL OF THE INSTITUTE - 23. Remuneration

AI-assisted research summary: Members of Council are entitled to be paid remuneration or allowances and to be paid travelling and other expenses.

Section 23. Remuneration 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 be paid their travelling and other expenses in connection with the work of the Institute.
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THE COUNCIL OF THE INSTITUTE - 24. Appointment of staff

AI-assisted research summary: The Council may hire staff, engage consultants or experts, or approve secondments as necessary for performing its functions, subject to terms approved by the Cabinet Secretary.

Section 24. Appointment of staff Section 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 such terms and conditions as may be approved by the Cabinet Secretary.
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THE COUNCIL OF THE INSTITUTE - 25. Protection from personal liability

AI-assisted research summary: Members, officers, employees, agents of the Council and persons acting on its directions are not personally liable for actions done bona fide in executing the Council's functions, powers or duties.

Section 25. Protection from personal liability Section Nothing done by a member of the Council or any officer, employee or agent of the Council shall, if it is done bona fide for executing 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.
6
THE COUNCIL OF THE INSTITUTE - 6. The establishment of the Council

AI-assisted research summary: Establishes a Council to manage the Institute and lists its membership and appointing authorities.

Section 6. The establishment of the Council Section 6(1) There shall be a Council of the Institute, which shall have the responsibility of managing the Institute in accordance with this Order. Section 6(2)(a) a Chairperson appointed by the President; Section 6(2)(b) the Principal Secretary in the Ministry responsible for education; Section 6(2)(c) the Principal Secretary in the Ministry responsible for higher education, science and technology; Section 6(2)(d) the Principal Secretary to the Treasury; and Section 6(2)(e) not more than seven other members, not being employees of the Institute and of whom not more than three shall be public officers, appointed by the Cabinet Secretary, and Section 6(2)(f) the Director of the Institute, who shall be the Secretary. Section 6(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 Council.
7
THE COUNCIL OF THE INSTITUTE - 7. Qualifications for appointment

AI-assisted research summary: For the Chairperson: holds a degree from a recognized university and at least ten years experience in matters related to education.

Section 7. Qualifications for appointment Section in the case of the Chairperson, holds a degree from a recognized university and at least ten years experience in the matters related to education; and
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THE COUNCIL OF THE INSTITUTE - 8. Term of office

AI-assisted research summary: Four members have terms of office that expire two years from their date of appointment.

Section 8. Term of office Section four (4) members whose terms of office shall expire at the end of two years from the date of appointment; and
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THE COUNCIL OF THE INSTITUTE - 9. General functions of the Council

AI-assisted research summary: The Council must manage, supervise and administer the Institute's assets in a way that best promotes the Institute's purpose.

Section 9. General functions of the Council Section manage, supervise and administer the assets of the Institute in such a manner as best promotes the purpose for which the Institute is established;

Part IV

FINANCIAL PROVISIONS

26
FINANCIAL PROVISIONS - 26. Funds of the institute

AI-assisted research summary: Parliament may provide sums to fund the institute.

Section 26. Funds of the institute Section such sums as may be provided by Parliament;
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FINANCIAL PROVISIONS - 27. Financial year

AI-assisted research summary: The financial year of the Institute is the period of twelve months ending on the thirtieth day of June in each year.

Section 27. Financial year Section The financial year of the Institute shall be the period of twelve months ending on the thirtieth day of June in each year.
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FINANCIAL PROVISIONS - 28. Annual estimates

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

Section 28. Annual estimates Section 28(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 Institute for that year. Section 28(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Institute; Section 28(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Institute; and Section 28(2)(c) the proper maintenance of the buildings and grounds of the Institute. Section 28(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.
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FINANCIAL PROVISIONS - 29. Books of accounts records, audit and reports.

AI-assisted research summary: The Council must keep proper books of account for the Institute and must ensure money received is accounted for, payments are correctly authorized, and adequate control over assets and liabilities is maintained.

Section 29. Books of accounts records, audit and reports. Section 29(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 Institute. Section 29(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 authorized and that adequate control is maintained over its assets and liabilities. Section 29(3) The account of the Institute shall be audited in accordance with the Public Audit Act (Cap. 412B).
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FINANCIAL PROVISIONS - 30. Investments of funds

AI-assisted research summary: The Council may invest Institute funds in Treasury-approved securities, may deposit monies not immediately required (with Treasury approval) in banks it determines, and carried forward grant balances may be expended or placed in a Council reserve as the Council determines.

Section 30. Investments of funds Section 30(1) The Council may invest any of the funds of the Institute in any securities which the Treasury may, from time to time, approve for that purpose. Section 30(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 purposes of the Institute. Section 30(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 reserve account of the Council.

Part V

TRANSITIONAL PROVISIONS

31
TRANSITIONAL PROVISIONS - 31. Repeal of L.N. 105/1976 and savings

AI-assisted research summary: Section 31 revokes the Kenya Institute of Education Order, 1976 and provides transitional savings including transfers of rights, liabilities, staff, contracts, proceedings and council membership to the new Institute.

Section 31. Repeal of L.N. 105/1976 and savings Section 31(1) The Kenya Institute of Education Order, 1976 is revoked. Section 31(2)(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 transferred to the Institute; Section 31(2)(b) any reference to the former Institute in any contract or document shall, for all purposes, be deemed to be a reference to the Institute; Section 31(2)(c) any person who is an employee of the former Institute immediately before the commencement of this Order shall upon such commencement be deemed to be an employee of the Institute. Section 31(2)(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 Institute for the remainder of that financial year; Section 31(2)(e) the administrative directions made by the former Institute or by the Cabinet Secretary 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 the Cabinet Secretaryunder this Act; Section 31(2)(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 subject immediately before that date; Section 31(2)(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, on behalf of, or in relation to, the Institute; Section 31(2)(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 accordingly; and Section 31(2)(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 under paragraph 6 of this Order. Section 31(3) In this part— "appointed day" means the day on which this Order comes into force; "former institute" means the Kenya Institute of Education established by the Kenya Institute of Education Order, 1976.

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