Kenya Institute of Education 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.

Section 4. Functions of the Institute Section implement the policies relating to curriculum development in basic and tertiary education and training;

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;

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.

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

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

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;

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.

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.

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 Commit...

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 re...

Section 14. Secretariat Services Section The Director shall provide secretariat services to the Academic Committee and the panels appointed under paragraph 11.

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.

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...

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).

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.

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.

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.

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.

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.

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.

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.

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.

Section 26. Funds of the institute Section such sums as may be provided by Parliament;

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.

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.

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).

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.

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)...