Kenya Institute of Curriculum Development Act

Section 1. Short title Section This Act may be cited as the Kenya Institute of Curriculum Development Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to education and training; "Council" means the Council established by section 5 ; "curriculum" means all planned learning programmes that facilitate formal, non-formal and informal learning; "curriculum support materials" means materials used to facilitate curriculum implementation and includes both electronic and non-electronic form; "Director" means the Director of the Institute appointed under section 14 ; "Director-General" means the Director-General responsible for matters relating to education; "former Institute" means the Kenya Institute of Education established by the Kenya Institute of Education Order, 2010 (L.N. 120/2010); "Institute" means the Kenya Institute of Curriculum Development established under section 3 ; "member" means a member of the Council; and "tertiary" means all post-secondary school education and training programmes, but does not include any training undertaken in a university.

Section 3. Establishment of the Institute Section 3(1) There is established an Institute to be known as the Kenya Institute of Curriculum Development. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, borrowing, holding, charging or disposing of movable and immovable property; and Section 3(2)(c) doing or performing all such other things or acts necessary for the proper performance of its functions under this Act. Section 3(3) The Institute shall be the successor to the Institute known as the Kenya Institute of Education existing immediately before the commencement of this Act. Section 3(4) The headquarters of the Institute shall be in Nairobi, but the Institute may devolve its functions to the counties progressively.

Section 4. Functions of the Institute Section advise the Government on matters pertaining to curriculum development;

Section 5. Establishment of the Council Section 5(1) There is established a council to be known as the governing Council of the Institute. Section 5(2)(a) a Chairperson who shall be appointed by the President; Section 5(2)(b) the Principal Secretary in the ministry responsible for matters relating to education and training or a representative designated by the Principal Secretary; Section 5(2)(c) the Principal Secretary responsible for the National Treasury or a representative designated by the Principal Secretary; Section 5(2)(d) one person to represent the Kenya National Examinations Council; Section 5(2)(e) one person to represent the Teachers Service Commission; Section 5(2)(f) one person to represent public universities; Section 5(2)(f)(i) one person to represent public universities; Section 5(2)(f)(ii) one person from the private sector; Section 5(2)(f)(iii) one person nominated by the Kenya Primary Schools Head Teachers Association; Section 5(2)(f)(iv) one person nominated by Kenya Secondary Schools Head Teachers Association; Section 5(2)(g) the Director who shall be an ex officio member. Section 5(2A) Any person who, immediately before the commencement of this section was a...

Section 6. Qualifications for appointment Section 6(1)(a) holds a masters degree from a recognized university; Section 6(1)(b) has at least ten years’ experience in matters related to education; and Section 6(1)(c) meets the requirements of Chapter Six of the Constitution. Section 6(2)(a) holds a degree from a university recognized in Kenya; Section 6(2)(b) education; Section 6(2)(b)(i) education; Section 6(2)(b)(ii) curriculum development; Section 6(2)(b)(iii) economics or finance; Section 6(2)(b)(iv) industry; Section 6(2)(b)(v) media; Section 6(2)(b)(vi) law; or Section 6(2)(b)(vii) public administration; Section 6(2)(c) meets the requirements of Chapter Six of the Constitution. Section 6(3)(a) is a State officer; Section 6(3)(b) is declared to be of unsound mind; Section 6(3)(c) is undischarged bankrupt; or Section 6(3)(d) has been found in accordance with any law to have misused or abused a State office or public office or in any way to have contravened Chapter Six of the Constitution.

Section 7. Vacancy in office Section 7(1)(a) resigns by giving notice in writing 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 Cabinet Secretary, as the case may be; Section 7(1)(b) is adjudged bankrupt or enters into a scheme of arrangement for the benefit of his or her creditors; Section 7(1)(c) is convicted of an offence by a court of competent jurisdiction and sentenced to imprisonment for a period exceeding six months without the option of a fine; Section 7(1)(d) is incapacitated by reason of infirmity of body or mind; Section 7(1)(e) is absent from three consecutive meetings of the Council without the permission of the Chairperson; Section 7(1)(f) is otherwise unable or unfit to discharge the functions of the Council; or Section 7(1)(g) dies. Section 7(2) Deleted by ActNo. 18 of 2018, Sch.

Section 8.[Deleted by ActNo. 18 of 2018, Sch.]

Section 9. Term of office of Council members Section Subject to the provisions of this Act, the Chairperson and members of the Council shall hold office for a term of three years and shall be eligible for re-appointment for one further term.

Section 10. Powers of the Council 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;

Section 11. 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.

Section 12. Procedures of the Council Section 12(1) The business and affairs of the Council shall be conducted in accordance with the Second Schedule. Section 12(2) Except as provided in the Second Schedule, the Council may regulate its own procedure.

Section 13. 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.

Section 14. Director of the Institute Section 14(1) There shall be a Director of the Institute who shall be appointed by the Council through a competitive, fair and open process. Section 14(2)(a) is a citizen of Kenya; Section 14(2)(b) holds at least a postgraduate degree in education from a university recognized in Kenya; Section 14(2)(c) has at least ten years experience in management level in matters related to education ; and Section 14(2)(d) meets the requirements of Chapter Six of the Constitution. Section 14(3) The Director shall be the Chief Executive Officer of the Institute and shall be responsible for the day-to-day management of the affairs of the Institute.

Section 15. Term of office of the Director Section Subject to the provisions of this Act, the Director shall hold office for a term of five years and shall be eligible for re-appointment for one further term.

Section 16. Removal of Director Section 16(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 16(1)(b) gross misconduct or misbehaviour; Section 16(1)(c) incompetence or neglect of duty; Section 16(1)(d) violation of the Constitution; or Section 16(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 16(2)(a) not less than thirty days’ notice of the allegations made against her or him; and Section 16(2)(b) an opportunity to present her or his defence against the allegations.

Section 17. Academic Committee and panels Section 17(1) The Council shall have an Academic Committee, course panels, subject panels and a research, monitoring and evaluation panel to perform such functions and discharge such responsibilities as the Council may determine. Section 17(2) The Director shall be the Secretary to the Academic Committee and the panels established under subsection (1).

Section 18. Composition and functions of the Academic Committee Section 18(1) The Academic Committee shall consist of not fewer than thirteen and not more than twenty-three members appointed by the Council. Section 18(2) The Director-General responsible for education shall be the Chairperson of the Academic Committee. Section 18(3)(a) the Ministry responsible for education and training; Section 18(3)(b) the Teachers Service Commission; Section 18(3)(c) the Kenya National Examinations Council; Section 18(3)(d) an institution mandated by law to train teachers for special needs education; Section 18(3)(e) the schools of Education in a public and a private university respectively; Section 18(3)(f) Kenya Federation of Employers; Section 18(3)(g) Kenya Accountants and Secretaries National Examinations Board; Section 18(3)(h) Micro and Small Enterprises Federation; Section 18(3)(i) registered Teachers’ Professional Associations; Section 18(3)(j) registered Teachers’ Unions; Section 18(3)(k) umbrella bodies of registered religious organizations; Section 18(3)(l) not more than four co-opted members not being public officers; and Section 18(3)(m) one person nominated by the national parents...

Section 19. Funds of the Institute Section monies allocated by Parliament for the purposes of the Institute;

Section 20. 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.

Section 21. Annual estimates Section 21(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 21(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Institute; Section 21(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Institute; and Section 21(2)(c) the proper maintenance of the buildings and grounds of the Institute. Section 21(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.

Section 22. Books of accounts and audit Section 22(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 22(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 22(3) The accounts of the Institute shall be audited in accordance with the Public Audit Act (Cap. 412B) and any other law relating to the management of public funds.

Section 23. Common seal Section where they are required to be under seal, if sealed with the common seal of the Council and authenticated by the Chairperson or the Director;

Section 24. Remuneration Section The members of Council shall be paid such allowances as the Council may, in consultation with the Salaries and Remuneration Commission, determine.

Section 25. Appointment of staff Section 25(1) The Council may appoint such staff or engage such consultants and experts as may be necessary for the proper discharge of its functions under this Act. Section 25(2) The staff appointed under subsection (1) shall serve on such terms and conditions as the Council may, in consultation with the Salaries and Remuneration Commission, determine.

Section 26. Protection from personal liability Section The Chairperson, members, secretary or staff of the Institute shall not be personally liable for any act or omission done or omitted to be done in good faith in carrying out the functions of the institute under this Act.

Section 27. Offences Section 27(1) Except as provided for under this Act, no person or institution shall develop or implement any curriculum or curriculum materials in respect to any education institution to which this Act applies, without approval and accreditation in accordance with the provisions of this Act or any other written law. Section 27(2)(a) purports to develop any curriculum in respect of any institution to which this Act applies; Section 27(2)(b) applies in Kenya, any local or foreign curriculum or curriculum support materials in relation to the levels of education and training to which this Act applies without approval of the council; or Section 27(2)(c) contravenes any of the provisions of this Act,

Section 29. Regulations Section the procedures to be followed in the review and development of curricula and curriculum support materials;