Technical and Vocational Training (Taita Taveta National Polytechnic) Order, 2024
This Order may be cited as the Technical and Vocational Training (Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ) Order, 2024.
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- Legal Notice 6 of 2024
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Source attribution: Source: Kenya Law
Statute overview
About this statute
This Order may be cited as the Technical and Vocational Training (Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ) Order, 2024. This section provides definitions of terms used in the Order (for example "Academic Board", "Council", "Principal", "student"). Establishes the Taita Taveta National Polytechnic and sets out its capacities, including suing and being sued, holding and disposing of property, handling money, and entering contracts. Lists the objects, functions, powers and permitted awards of the Taita Taveta National Polytechnic, including providing education and training, promoting research and innovation, collaborating with industry and universities, and granting academic qualifications. The Council must appoint one or more Deputy Principals; Deputy Principals must, under the Principal's general direction, exercise powers and perform duties provided by the statutes; Deputy Principals hold office on terms and periods provided by the statutes and are eligible for re-appointment for one more term after that period.
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Provisions of Technical and Vocational Training (Taita Taveta National Polytechnic) Order, 2024
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Part I
PRELIMINARY
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PRELIMINARY - 1. Citation.
AI-assisted research summary: This Order may be cited as the Technical and Vocational Training (Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ) Order, 2024.
Section 1. Citation. Section This Order may be cited as the Technical and Vocational Training (Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ) Order, 2024. - 2
PRELIMINARY - 2. Interpretation.
AI-assisted research summary: This section provides definitions of terms used in the Order (for example "Academic Board", "Council", "Principal", "student").
Section 2. Interpretation. Section In this Order, unless the context otherwise requires— "Academic Board" means the Academic Board of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") established under paragraph 9; "Cabinet Secretary" has the meaning assigned to it under section 2 of the Act; "Council" means the Council of the Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") constituted under paragraph 5; "Management Board" means the Management Board of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") established under paragraph 12; "member" means a member of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; "National Polytechnic" means the Taita Taveta National Polytechnic established under paragraph 3; "Principal" means the principal of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") appointed under paragraph 9; "staff" means any staff of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; and "student" means a person registered by the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") for the purpose of obtaining a qualification of a programme of study approved by a recognised body.
Part II
ESTABLISHMENT OF THE TAITA TAVETA NATIONAL POLYTECHNIC
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ESTABLISHMENT OF THE TAITA TAVETA NATIONAL POLYTECHNIC - 3. Establishment of the Taita TavetaNational Polytechnic.
AI-assisted research summary: Establishes the Taita Taveta National Polytechnic and sets out its capacities, including suing and being sued, holding and disposing of property, handling money, and entering contracts.
Section 3. Establishment of the Taita TavetaNational Polytechnic. Section 3(1) There is established a National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") to be known as the Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; Section 3(2)(c) receiving, investing and borrowing money; and Section 3(2)(d) doing or performing and such other act, including entering in such contracts, as may be necessary or expedient for the furtherance of the provisions of this order, and which may lawfully be done by a body corporate. Section 3(3) The National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be the successor to the Coast Institute of Technology existing immediately before the commencement of this Order. - 4
ESTABLISHMENT OF THE TAITA TAVETA NATIONAL POLYTECHNIC - 4. Objects and functions of theNational Polytechnic.
AI-assisted research summary: Lists the objects, functions, powers and permitted awards of the Taita Taveta National Polytechnic, including providing education and training, promoting research and innovation, collaborating with industry and universities, and granting academic qualifications.
Section 4. Objects and functions of theNational Polytechnic. Section 4(1)(a) provide, directly or in collaboration with other institutions of higher learning, facilities for technical, technological, professional, scientific education and training; Section 4(1)(b) participate in technological innovation as well as in the discovery, transmission, and enhancement of knowledge for economic, social cultural, scientific and technological development; Section 4(1)(c) contribute to industrial and technological development of Kenya, in collaboration with industry and other organizations, through transfer of technology; Section 4(1)(d) promote and establish a culture of innovation in engineering and technology, and technology transfer amongst staff ("any staff of the National Polytechnic; and") and students; Section 4(1)(e) develop an institution with excellence in teaching, training, scholarship, entrepreneurship, research, consultancy, community service, among other educational services and products, with emphasis on technology and its development, impact and application within and outside Kenya; Section 4(1)(f) provide a multi-level system of post-secondary school education and training programmes relevant to the needs of the community, covering a wide range of fields and levels with provision for recognition of prior learning and flexibility of transition between programmes; Section 4(1)(g) provide high quality educational, research, residential, commercial, cultural, social, recreational, sporting and other facilities; Section 4(1)(h) advance knowledge and its practical application by research and other means, the dissemination of outcomes of research by various means, and the commercial exploitation of research results; Section 4(1)(i) promote research within the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") and in the general community; Section 4(1)(j) participate in commercial ventures and activities; Section 4(1)(k) foster the general welfare of all staff ("any staff of the National Polytechnic; and") and students; Section 4(1)(l) provide opportunities for development and further training for staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 4(1)(m) develop and provide educational, cultural, professional technical and vocational services to the community and in particular, foster corporate social responsibility; Section 4(1)(n) provide programmes, products and services in ways that reflect the principles of equity and social justice; Section 4(1)(o) facilitate student ("a person registered by the National Polytechnic for the purpose of obtaining a qualification of a programme of study approved by a recognised body") mobility between different programmes at different technical training institutions and other national polytechnics; Section 4(1)(p) conduct examinations for and grant such academic awards as maybe provided under this Order; and Section 4(1)(q) collaborate with recognized universities for the conduct and award of degree programmes in technology. Section 4(2) The National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall have powers to grant higher diplomas, diplomas, certificates, or other academic qualifications which may, for the time being, be authorized by the academic policy of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 4(3) Subject to this Order, the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") may award scholarships, bursaries and prizes and any other awards which may be provided for by the academic policy.
Part III
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC
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THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 10. Deputy Principals.
AI-assisted research summary: The Council must appoint one or more Deputy Principals; Deputy Principals must, under the Principal's general direction, exercise powers and perform duties provided by the statutes; Deputy Principals hold office on terms and periods provided by the statutes and are eligible for re-appointment for one more term after that period.
Section 10. Deputy Principals. Section 10(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall appoint one or more Deputy Principals, who shall, under the general direction of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , exercise such powers and perform such duties as may be provided by the statutes. Section 10(2) The Deputy Principal ("the principal of the National Polytechnic appointed under paragraph 9;") shall hold office upon such terms and for such period as may be provided by the statutes and upon expiration of that period shall be eligible for re-appointment for one more term. - 11
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 11.Academic Board.
AI-assisted research summary: The Academic Board is composed of specified officers and members and has duties including approving programmes, regulating admissions, deciding award recipients and determining academic policy, with certain student members excluded from confidential deliberations.
Section 11.Academic Board. Section 11(1)(a) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , who shall be the Chairperson; Section 11(1)(b) the Deputy Principals; Section 11(1)(c) the Deans of Students; Section 11(1)(d) the Directors of Institutes and Centres; Section 11(1)(e) the heads of the teaching departments of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 11(1)(f) the Librarian; and Section 11(1)(g) two members elected by the students’ organization of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 11(2) Despite sub paragraph (1)(g), the two members of the students’ organisation shall not attend deliberations of the Academic Board ("the Academic Board of the National Polytechnic established under paragraph 9;") on matters which are considered by the Chairperson of the Academic Board ("the Academic Board of the National Polytechnic established under paragraph 9;") to be confidential and which relate to examinations, the general discipline of students, and other related matters. Section 11(3)(a) the registrars; Section 11(3)(b) the finance officer; Section 11(3)(c) the chief medical officer; Section 11(3)(d) the chief legal officer; Section 11(3)(e) the senior procurement officer; Section 11(3)(f) two persons nominated by the staff ("any staff of the National Polytechnic; and") association representing academic staff ("any staff of the National Polytechnic; and") ; and Section 11(3)(g) two persons nominated by the staff ("any staff of the National Polytechnic; and") associations representing administrative staff ("any staff of the National Polytechnic; and") . Section 11(3)(a) to satisfy itself regarding the content and academic standard of any course of study in respect of any diploma, certificate or other award of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") and to report its findings thereon to the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") ; Section 11(3)(b) to propose for consideration by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") the standard of proficiency to be gained in each examination for a diploma, certificate or other award of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 11(3)(c) to decide which persons have attained the prescribed standard of proficiency and are otherwise fit to be granted a diploma, certificate, or other award of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") and to report its decision thereon to the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") ; Section 11(3)(d) to approve programmes of study, regulate admission of persons to the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") and determine their continuance or discontinuation in such programmes; Section 11(3)(e) specify the conditions for qualifying for conferment of a diploma, certificate, award of various titles, distinction and other awards offered by the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 11(3)(f) to determine the academic policy of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") and to advise the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") on the provision of facilities to carry out that policy; Section 11(3)(g) to direct and regulate the teaching and instruction within the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") and the examinations held by the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") , subject to the powers of Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") ; Section 11(3)(h) to make recommendations to the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") for the diplomas and certificates to be conferred by the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 11(3)(i) to approve diplomas, certificates, and other academic qualifications to be awarded by the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; and Section 11(3)(j) to consider and approve appointment of internal and external examiners. - 12
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 12.Management Board.
AI-assisted research summary: Section 12 sets the Management Board membership and specifies that the Principal shall be the chairperson and the Deputy Principal in-charge of finance and administration shall be the secretary; the Council may determine other senior management members.
Section 12.Management Board. Section 12(1)(a) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , who shall be the chairperson; Section 12(1)(b) the Deputy Principal ("the principal of the National Polytechnic appointed under paragraph 9;") in-charge of finance and administration, who shall be the secretary; Section 12(1)(c) the Deputy Principals; Section 12(1)(d) the Registrar in charge of administration; Section 12(1)(e) the finance officer; and Section 12(1)(f) such other member ("a member of the Council of the National Polytechnic;") of the senior management as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may determine. Section 12(2)(a) the efficient management of the human, physical and financial resources of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 12(2)(b) making proposals to the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") and the Academic Board ("the Academic Board of the National Polytechnic established under paragraph 9;") on policies that apply across the entire institution; Section 12(2)(c) co-ordination of the strategic and development plans of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; and Section 12(2)(d) any other matters related to the management of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . - 13
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 13. Performance of the functions in the absence of an office holder.
AI-assisted research summary: If the Principal is incapacitated, the Council may appoint a Deputy Principal to act; if both Principal and Deputy Principals are incapacitated the Council may appoint an academic staff member to act; if another staff officer is incapacitated the Principal may appoint a suitable person to act.
Section 13. Performance of the functions in the absence of an office holder. Section 13(1) In the event of the incapacity of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may appoint one of the Deputy Principals to carry out the functions of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") during the period of incapacity. Section 13(2) In the event of the simultaneous incapacity of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") and the Deputy Principals, the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may appoint any member ("a member of the Council of the National Polytechnic;") of the academic staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") to perform the functions of the principal during the incapacity. Section 13(3) In the event of the incapacity of a member ("a member of the Council of the National Polytechnic;") of staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") other than the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") and Deputy Principals, the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") may appoint a suitable person to perform the functions of the said officer during the incapacity. - 14
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 14. Staff of theNational Polytechnic.
AI-assisted research summary: Section 14 defines the composition of different categories of staff of the Taita Taveta National Polytechnic (academic, senior management, administrative, technical and support) and provides that the Council may determine additional members and may delegate the power to appoint staff.
Section 14. Staff of theNational Polytechnic. Section 14(1) The academic staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall consist of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , the Deputy Principals, the Librarian, and all members of staff ("any staff of the National Polytechnic; and") who are engaged in teaching and research. Section 14(2) The senior management staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall consist of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , the Deputy Principals, and the Dean of students and Directors of Institutes and such other members of staff ("any staff of the National Polytechnic; and") as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may from time to time determine. Section 14(3) The administrative staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall consist of the Registrars, the Finance Officer and such other members of staff ("any staff of the National Polytechnic; and") , not being engaged in teaching or research, as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may, from time to time, determine. Section 14(4) The technical staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall consist of those staff ("any staff of the National Polytechnic; and") engaged in laboratory and field instruction in the teaching departments under the general direction of the heads of the teaching departments, as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may from time to time determine. Section 14(5) The support staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall consist of those staff ("any staff of the National Polytechnic; and") engaged in general duties as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may from time to time determine. Section 14(6)(a) in the manner and upon the terms and conditions of service prescribed by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") ; or Section 14(6)(b) in the case of a person seconded to the service of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") from the service of another institution, the Government, or any other public body, on terms and conditions agreed upon between the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") and the seconding body. Section 14(7) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may, subject to such restrictions as it may impose, delegate, either generally or specially, to any person, committee or body the power to appoint any member ("a member of the Council of the National Polytechnic;") of the staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 14(8)(a) subject to the general authority of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") and of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") ; and Section 14(8)(b) employed in accordance with the statutes or as otherwise specifically provided by the statutes or by the terms of a particular appointment. - 5
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 5. Composition of theCouncil.
AI-assisted research summary: Section 5 sets out the composition of the Council, names specific members including the chairperson, the Principal and specified Secretaries, states that the Principal is an ex officio member, and directs the Cabinet Secretary to stagger appointments to maintain continuity.
Section 5. Composition of theCouncil. Section 5(1)(a) the chairperson; Section 5(1)(b) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") Secretary for the time being responsible for matters relating to technical and vocational education and training; Section 5(1)(c) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") Secretary for the time being responsible for finance; Section 5(1)(d) leadership and management; Section 5(1)(d)(i) leadership and management; Section 5(1)(d)(ii) financial management; Section 5(1)(d)(iii) industry; Section 5(1)(d)(iv) engineering; Section 5(1)(d)(v) information communication technology; or Section 5(1)(d)(vi) law; and Section 5(1)(e) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") who shall be an ex officio member ("a member of the Council of the National Polytechnic;") of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . Section 5(2)(a) take in to account ethnic and gender balance; Section 5(2)(b) promote inclusion of persons with disability, minorities and the marginalised; and Section 5(2)(c) ensure balanced core skills and competencies amongst the members. Section 5(3) In appointing members of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") , the Cabinet Secretary shall stagger the appointment of some members to maintain a proportion of new membership that ensures continuity in the services of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . - 6
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 6. Vacancy in office ofmember.
AI-assisted research summary: Section 6 lists circumstances when a member's office becomes vacant (resignation, incapacity, bankruptcy, misconduct, contravention of Chapters Six or Thirteen of the Constitution, conviction with imprisonment of six months or more). The Cabinet Secretary may appoint another person to fill the vacancy for the unexpired term, and any member suspected of contravening Chapters Six or Thirteen shall vacate office pending investigation.
Section 6. Vacancy in office ofmember. Section 6(1)(a) resigns by notice in writing addressed to the Cabinet Secretary ; Section 6(1)(b) is unable to perform the functions of office by reason of prolonged physical or mental incapacity; Section 6(1)(c) is adjudged bankrupt by a court of competent jurisdiction or enters into a composition or scheme of arrangement for the benefit of creditors; Section 6(1)(d) is guilty of gross misconduct; Section 6(1)(e) contravenes Chapter Six or Thirteen of the Constitution; or Section 6(1)(f) is convicted of an offence and sentenced to imprisonment for a period of six months or more. Section 6(2) Where the office of a member ("a member of the Council of the National Polytechnic;") of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") becomes vacant, the Cabinet Secretary may, subject to the provisions of this Order, appoint another person to fill the vacancy for the unexpired term of such member ("a member of the Council of the National Polytechnic;") . Section 6(3) Notwithstanding the generality of the foregoing, any member ("a member of the Council of the National Polytechnic;") of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") suspected of having contravened Chapters Six or Thirteen of the Constitution shall vacate office to pave way for investigations. Section 6(4) Where a person who has vacated office under subparagraph (1)(e) is not found culpable after investigations carried out under subparagraph (3), the person shall be reinstated as a member ("a member of the Council of the National Polytechnic;") of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . - 7
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 7. Functions of theCouncil.
AI-assisted research summary: Sets out functions of the Council of the Taita Taveta National Polytechnic, including signing documents, ensuring management structure, monitoring implementation of plans, annual review of financial viability, and ensuring legal and standards compliance.
Section 7. Functions of theCouncil. Section 7(1) All documents, made on behalf of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") , other than those required by law to be under seal, and all decisions of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may be signified under the hand of the Chairperson, the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") or any other members of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") generally or specifically authorized by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") in that behalf. Section 7(2) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall ensure that a proper management structure is in place and that the structure maintains corporate integrity, reputation and responsibility of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 7(3) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall monitor and evaluate the implementation of strategies, policies, and management plans of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 7(4) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall constantly review the viability and financial sustainability of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") once in every year. Section 7(5) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall ensure that the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") complies with all the relevant laws, regulations, governance practices and accounting and auditing standards. - 8
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 8. Committees.
AI-assisted research summary: The Council of the Taita Taveta National Polytechnic may establish committees but shall not delegate its principal mandate to them.
Section 8. Committees. Section 8(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may set up such committees as may be appropriate to perform any of its functions and responsibilities as it may determine. Section 8(2) Despite subparagraph (1), the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall not delegate its principal mandate to the committees. - 9
THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 9. ThePrincipal.
AI-assisted research summary: There shall be a Principal of the Taita Taveta National Polytechnic appointed by the Cabinet Secretary on the recommendation of the Council following a competitive recruitment process; the Principal shall serve for a term of five years renewable once and shall perform roles including Secretary to the Council, academic and administrative head, overall responsibility for programmes subject to the Council's direction, and have powers and duties prescribed by law.
Section 9. ThePrincipal. Section 9(1) There shall be a Principal ("the principal of the National Polytechnic appointed under paragraph 9;") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") who shall be appointed by the Cabinet Secretary on the recommendation of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") following a competitive recruitment process. Section 9(2) The Principal ("the principal of the National Polytechnic appointed under paragraph 9;") shall serve for a term of five years, which term may be renewed once. Section 9(3)(a) be the Secretary to the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") ; Section 9(3)(b) be the academic and administrative head of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 9(3)(c) subject to the direction of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") , have overall responsibility of the direction, organization and administration of the programmes of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; and Section 9(3)(d) have such powers and duties as may be prescribed by any written law.
Part IV
CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL
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CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL - 15. Meetings of theCouncil.
AI-assisted research summary: The Council must meet as often as necessary but no more than four months may pass between meetings; the Chairperson may call special meetings on written request by a majority; the Chairperson shall preside when present; members with an interest must disclose it and must not be present for deliberations; the Council must record and keep minutes signed by the chair or presiding person.
Section 15. Meetings of theCouncil. Section 15(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall meet as often as necessary for the transaction of business, but not more than four months shall elapse between the date of one meeting and that of the next meeting. Section 15(2) The Chairperson may at any time, upon written request by a majority of the members, call a special meeting of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . Section 15(3) The Chairperson shall preside at every meeting of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") at which he is present, but in his absence, the members present may elect one from among their number to preside. Section 15(4) A member ("a member of the Council of the National Polytechnic;") who has a direct or indirect interest in a matter being considered or to be considered by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall, as soon as the relevant facts regarding the matter come to the knowledge of the member ("a member of the Council of the National Polytechnic;") , disclose the nature of such interest, and shall not be present during any deliberations on the matter. Section 15(5) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall cause the minutes of all proceedings of its meetings to be recorded and kept, and shall be signed by the chairperson or the person presiding at the meeting. - 16
CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL - 16. Quorum.
AI-assisted research summary: A quorum for a meeting of the Council is seven members, including the five members appointed under paragraph 5.
Section 16. Quorum. Section The quorum for a meeting of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall be seven members who shall include the five members appointed paragraph 5. - 17
CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL - 17. Decisions of theCouncil.
AI-assisted research summary: Decisions of the Council are to be made by simple majority of members present unless unanimous; if votes are equal the chairperson has a casting vote.
Section 17. Decisions of theCouncil. Section Unless a unanimous decision is reached, a decision on any matter before the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall be made based on a simple majority of the members present, and in the case of an equality of votes, the chairperson or person presiding shall have a casting vote. - 18
CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL - 18. Rules of procedure.
AI-assisted research summary: The Council may regulate its own procedure, subject to this Order.
Section 18. Rules of procedure. Section Subject to this Order, the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may regulate its own procedure.
Part V
FINANCIAL PROVISIONS
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FINANCIAL PROVISIONS - 19. Financial year.
AI-assisted research summary: The National Polytechnic's financial year runs from 1 July to 30 June (a twelve-month period).
Section 19. Financial year. Section The financial year of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be the period of twelve months commencing on the first of July and ending on thirtieth June in the following year. - 20
FINANCIAL PROVISIONS - 20. Investment of Funds.
AI-assisted research summary: The Council of the Taita Taveta National Polytechnic may invest Polytechnic funds in trustee-allowed securities or in securities approved by the Cabinet Secretary for the National Treasury; and may place unused monies on deposit with banks it chooses, subject to the Cabinet Secretary's approval.
Section 20. Investment of Funds. Section 20(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may invest any of the funds of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") in securities in which for the time being trustees may, by law, invest trust funds or in any other securities which the Cabinet Secretary for the National Treasury may, from time to time, approve for that purpose. Section 20(2) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may, subject to the approval of the Cabinet Secretary for the National Treasury, place on deposit with such banks as it may determine, any monies not immediately required for the purposes of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . - 21
FINANCIAL PROVISIONS - 21. Annual estimates.
AI-assisted research summary: The Council must prepare and approve annual revenue and expenditure estimates for the Taita Taveta National Polytechnic before each financial year; the Polytechnic must consult the relevant Ministry when preparing estimates; estimates must be submitted to and approved by the Cabinet Secretary, and the Council may not increase any sums after approval without the Cabinet Secretary's consent.
Section 21. Annual estimates. Section 21(1) Before the commencement of a financial year, the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall cause to be prepared estimates of the revenue and expenditure of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") for that year. Section 21(2)(a) the payment of the salaries, allowances, and other charges in respect of the staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 21(2)(b) the payment of the pensions, gratuities, and other charges in respect of retirement benefits which are payable out of the funds of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 21(2)(c) the proper maintenance of the buildings and grounds of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 21(2)(d) the proper maintenance, repair and replacement of equipment and other movable property of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 21(2)(e) the funding of the cost of teaching, research, and outreach activities of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; and Section 21(2)(f) the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may think fit. Section 21(3) In preparing its annual estimates and development plans, the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall consult with the Ministry responsible for technical institutions’ grants and any other relevant Government agency. Section 21(4) The annual estimates shall be approved by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") before the commencement of the financial year to which they relate, and shall be submitted to the Cabinet Secretary for approval, and after the Cabinet Secretary has given his approval, the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall not increase any sum provided in the estimates without the consent of the Cabinet Secretary . Section 21(5) Expenditure shall not be incurred for the purpose of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") except in accordance with the annual estimates approved under subparagraph (4) or in pursuance of an authorization of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") given with the prior approval of the Cabinet Secretary . - 22
FINANCIAL PROVISIONS - 22. Accounts and audit.
AI-assisted research summary: The Council must keep proper books of accounts for the National Polytechnic; the Auditor-General may send a special report to the Cabinet Secretary.
Section 22. Accounts and audit. Section 22(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall cause to be kept all proper books of accounts of the income, expenditure, and assets and of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 22(2)(a) a statement of income and expenditure during that year; and Section 22(2)(b) a statement of the assets and liabilities of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") on the last day of that year. Section 22(3) The accounts of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be audited in accordance with Public Audit Act ( Cap. 412B ). Section 22(4) The Auditor-General may transmit to the Cabinet Secretary a special report on any matters incidental to his powers under this Order, and subsections (3) and (4) of section 29 of the Public Audit Act ( Cap. 412B ) shall, with the necessary modifications, apply to any report made under this paragraph.
Part VI
MISCELLANEOUS PROVISIONS
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MISCELLANEOUS PROVISIONS - 23. Common seal of theNational Polytechnic.
AI-assisted research summary: The common seal of the National Polytechnic is to be kept in custody as the Council directs; it must not be used except on the Council's order; it must be authenticated by signatures of the Principal or one other authorized staff member and of a Deputy Principal; when duly authenticated it is judicially and officially noticed, and orders or authorizations of the Council are presumed to have been duly given unless the contrary is proved.
Section 23. Common seal of theNational Polytechnic. Section 23(1) The common seal of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be kept in such custody as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") directs and shall not be used except upon the order of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . Section 23(2) The common seal of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be authenticated by the signature of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") or of one other member ("a member of the Council of the National Polytechnic;") of staff ("any staff of the National Polytechnic; and") duly authorized by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") in that behalf, and of a Deputy Principal ("the principal of the National Polytechnic appointed under paragraph 9;") . Section 23(3) The common seal of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") when affixed to any document and duly authenticated under this paragraph shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") under this paragraph shall be presumed to have been duly given. - 24
MISCELLANEOUS PROVISIONS - 24. Protection of name.
AI-assisted research summary: Public officers must not accept for registration names including "Taita Taveta" together with "National Polytechnic" unless accompanied by the written consent of the Council; persons using that expression in advertisements without Council consent commit an offence and are liable to the penalty under section 56; bona fide use of titles conferred by the Polytechnic is permitted.
Section 24. Protection of name. Section 24(1) Notwithstanding the provisions of any other written law, a public officer performing functions relating to the registration of companies, business or societies shall not accept for such registration any name which includes "Taita Taveta" together with the words " National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") " unless the application for the registration is accompanied by the written consent of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . Section 24(2) Any person who except with the written consent of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") , uses the expression word "Taita Taveta" together with either or all the words " National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") " in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall upon conviction be liable to the penalty prescribed under section 56 of the Act. Section 24(3) This paragraph shall not be construed as preventing the bona fide use by any person of any title in pursuance of the grant to him of a degree, diploma, or certificate by National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . - 25
MISCELLANEOUS PROVISIONS - 25. Transitional provisions.
AI-assisted research summary: On commencement, certain rights, assets and liabilities of the Coast Institute of Technology transfer to the National Polytechnic; staff of the Coast Institute are deemed staff of the National Polytechnic; students then enrolled may complete their courses and receive National Polytechnic certificates.
Section 25. Transitional provisions. Section 25(1) All rights, liabilities and assets held by anybody on behalf of the Coast Institute of Technology immediately before the commencement of this Order, shall upon such commencement be automatically and full transferred to the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 25(2) The staff ("any staff of the National Polytechnic; and") of the Coast Institute of Technology existing immediately before the commencement of this Order shall be deemed to be the staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 25(3) Every student ("a person registered by the National Polytechnic for the purpose of obtaining a qualification of a programme of study approved by a recognised body") of the Coast Institute of Technology who is pursuing a course at the Institute immediately before the commencement of this Order, shall upon such commencement be allowed to complete the course and be awarded the respective certificate of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") .
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Technical and Vocational Training (Taita Taveta National Polytechnic) Order, 2024
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