Kenya Medical Training College Act

Section 1. Short title Section This Act may be cited as the Kenya Medical Training College Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “Academic Board” deleted by ActNo. 5 of 2019, Sch.; "Academic Council” means the Academic Council of the College established under section 11 ; “Alumni Association” means the Alumni Association of the College established under section 12 ; "Board of Directors" means the Board of Directors of the College established under section 9 ; “Board of Management” deleted by ActNo. 5 of 2019, Sch.; "Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to health; "Chief Executive Officer” means the Chief Executive Officer appointed under section 8 ; “College” means the Kenya Medical Training College established under section 3 ; “constituent training centre” means a constituent training centre of the College specified in the Schedule and any other centre or institution declared to be a constituent training centre of the College under section 3 (1)(b); "Deputy Director” means a Deputy Director of the College appointed under section 8 . “Deputy Principal” deleted by ActNo. 5 of 2019, Sch.; “faculty” means a faculty of the College established under section 5 (2); “g...

Section 3. Establishment and incorporation of the College Section 3(1)(a) the campuses specified in the Schedule; and Section 3(1)(b) such other institutions as the Cabinet Secretary may, from time to time in consultation with the Board of Directors, by notice in the Gazette , declare to be a campus of the College. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 3(2)(c) borrowing and lending money; and Section 3(2)(d) doing or performing all such other things or acts, including entering into such contracts as may be necessary or expedient for the furtherance of the provisions of this Act which may lawfully be done by a body corporate. Section 3(3) The headquarters of the College shall be in Nairobi. [Act 5 of 2019 , Sch.]

Section 4. Common seal and signification of documents Section 4(1) The Common seal of the College shall be kept in the custody of the Corporation Secretary and shall not be used except by the order of the Board of Directors. Section 4(2) The common seal of the College shall be kept in the custody of the Corporation Secretary and shall be authenticated by the signature of the Chief Executive Officer. Section 4(3) The common seal of the College when affixed to any document and authenticated under this section shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorization of the Board of Directors shall be presumed to have been duly given. [Act No. 5 of 2019 , Sch.]

Section 5. Functions of the College Section 5(1)(a) to provide facilities for college education for national health manpower requirements, in addition to facilities provided by universities, other colleges, or schools or institutions; Section 5(1)(b) to play an effective role in the development and expansion of opportunities for Kenyans wishing to continue with their education in the disciplines approved by the Academic Council; Section 5(1)(c) to provide consultancy services in health related areas; Section 5(1)(d) to develop health trainers who can effectively teach, conduct operational research, develop relevant and usable health learning materials and manage health training institutions; Section 5(1)(e) to undertake research in disciplines and matters approved by the Academic Board either directly or through the medium of connected universities, or other colleges, schools or institutions; Section 5(1)(f) to conduct examinations for and to grant diplomas, certificates, and other awards of the College; Section 5(1)(g) to determine who may teach and what may be taught and how it may be taught in the College; and Section 5(1)(h) to examine and make proposals for the establishment o...

Section 6. Admission to the College Section Admission to the College as candidates for diplomas, certificates or other awards shall be open to all persons accepted as being qualified by the Academic Board, without distinction of race, tribe, place of origin or residence or other local connections, political opinion, colour, creed or sex; and no barrier based on any such distinction shall be imposed upon any person as a condition of his becoming, or continuing to be a lecturer, graduate, or student of the College, or of his holding office in the College, nor shall any preference be given to, or advantage be withheld from, any person on the grounds of any such distinction.

Section 7. Membership of the College Section the Chief Executive Officer;

Section 8. The Chief Executive Officer and Deputy Directors Section 8(1)(a) hold a masters' degree in the relevant field from a university recognized in Kenya; Section 8(1)(b) have at least ten years' knowledge and experience in the relevant field; Section 8(1)(c) meet the requirements of Chapter Six of the Constitution; and Section 8(1)(d) have served in a position of senior management for a period of at least five years. Section 8(2)(a) have overall responsibility for the direction, organization, administration and programmes of the College; Section 8(2)(b) be the Chairperson of the Academic Board; and Section 8(2)(c) be responsible to the Board of Directors for the general conduct and discipline of the staff and students. Section 8(3)(a) academic; Section 8(3)(b) finance, planning and administration; Section 8(3)(c) research and innovation; and Section 8(3)(d) business development, resource mobilization and consultancy. Section 8(4) The Chief Executive Officer shall hold office for a term of four years and shall be eligible for reappointment for one further term of four years subject to satisfactory performance of duties. Section 8(5) There shall be a Corporation Secretary to th...

Section 9. The Board of Directors Section 9(1)(a) have a minimum of a bachelors' degree in a relevant field from a university recognised in Kenya; and Section 9(1)(a)(i) have a minimum of a bachelors' degree in a relevant field from a university recognised in Kenya; and Section 9(1)(a)(ii) have at least ten years' experience in leadership and management; Section 9(1)(b) the Chief Executive Officer who shall be an ex officio member; Section 9(1)(c) the Principal Secretary in the Ministry for the time being responsible for health or their designated representative; Section 9(1)(d) the Principal Secretary in the Ministry for the time being responsible for National Treasury or their designated representative; Section 9(1)(e) the Director-General of Health or their designated representative; Section 9(1)(f) three independent members appointed by the Cabinet Secretary taking into consideration gender balance, regional balance and skills mix; and Section 9(1)(g) one person with knowledge and expertise in finance or audit appointed by the Cabinet Secretary. Section 9(1A) The Chairperson shall preside over all meetings of the Board of Directors and in his or her absence the members present...

Section 10. Functions of the Board of Directors Section 10(1) Subject to this Act and without prejudice to any written law, trust, deed or other instrument, or power by or under which a constituent training centre is established, the government, control and administration of the College shall be vested in the Board of Directors. Section 10(2)(a) to administer the property and funds of the College in a manner and for purposes which shall promote the best interests of the College; but the Board of Directors shall not charge or dispose of immovable property of the College except in accordance with the procedures laid down by the State Corporations Advisory Committee established under the State Corporations Act (Cap. 446); Section 10(2)(b) to receive, on behalf of the College or a campus, gifts, donations, grants or other moneys and to make disbursements therefrom to the campuses or other bodies or persons; Section 10(2)(c) in consultation with the Cabinet Secretary, to determine the scales of fees payable by or in respect of students at the College and to prescribe the conditions under which fees may be remitted in whole or in part; Section 10(2)(d) to provide for the welfare of the s...

Section 11. The Academic Council Section 11(1)(a) the Chief Executive Officer, who shall be the Chairperson of the Academic Council; Section 11(1)(b) four Deputy Directors; Section 11(1)(c) one head of the faculties of the College appointed by the Board; Section 11(1)(d) one head of each campus appointed by the Board; Section 11(1)(e) two members of the academic staff of the College, not being members of the Academic Council under any other provisions of this subsection, elected by the College Staff Association; and Section 11(1)(f) two student members elected by the student body of the College, except that the student members shall not be entitled to attend deliberations of the Academic Council on matters which are considered by the Chief Executive Officer to be confidential and which relate to examinations, the general discipline of students and other related matters. Section 11(2)(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 College, and to report its findings to the Board of Directors; Section 11(2)(b) to propose regulations to be made by the Board of Directors regarding the...

Section 12. The Alumni Association Section 12(1) There shall be an Alumni Association of the College which shall consist of the past and future graduates of the College and such other persons as may be prescribed by the statutes. Section 12(2) The Alumni Association shall have the right to meet and discuss any matter relating to the College and to transmit resolutions thereon to the Board of Directors and the Academic Council, and may exercise such other functions as the statutes may prescribe. [Act No. 5 of 2019 , Sch.]

Section 13. The staff of the College Section 13(1) The academic staff of the College shall consist of the Chief Executive Officer, the Deputy Directors, the Librarian and all members of staff who are engaged in teaching or research. Section 13(2) The administrative staff of the College shall consist of a finance officer and such other members of the staff, not being engaged in teaching or research, as the Board of Directors may from time to time, determine. Section 13(3)(a) upon such terms and conditions of service as may be prescribed by the statutes; or Section 13(3)(b) in the case of an officer seconded from the service of any university, university college or similar institution, any other college, the Government or any other public service or service of a state corporation, on such terms and conditions as may be agreed between the Board of directors and the seconding body. Section 13(4) The Board of Directors may, subject to such restrictions, if any, as it may impose, delegate, either generally or specially, to any person or committee, the power to appoint any member of the staff of the College. Section 13(5)(a) be subject to the general authority of the Board of Directors an...

Section 14. Performance of functions in absence of office holders Section 14(1) In the event of the incapacity, the functions of the Chief Executive Officer shall, during the incapacity, be performed by the Deputy Director appointed for that purpose by the Board of Directors. Section 14(2) In the event of the simultaneous incapacity of the Chief Executive Officer and the Deputy Directors, the Cabinet Secretary, after consultation with the Board of Directors, shall appoint a member of the Academic Council to perform the functions of the Chief Executive Officer during such incapacity. Section 14(3) In the event of the incapacity of any member of the college, other than the Chief Executive Officer, the Chief Executive Officer may appoint a suitable person to perform the functions of the member during the incapacity. Section 14(4) In this section “incapacity” means absence from Kenya or inability for any other reason to perform the functions of the office concerned. [Act No. 5 of 2019 , Sch.]

Section 15. Financial year Section The financial year of the College shall be the period of twelve months commencing on the 1st July and ending on the 30th June in the next succeeding year.

Section 16. Investment of funds Section 16(1) The Board of Directors may invest any of the funds of the College in securities in which for the time being trustees may by law invest trust funds or in any other securities which the National Treasury may from time to time approve for the purpose. Section 16(2) The Board of Directors may place on deposit with such bank or banks as it may determine any moneys not immediately required for the purposes of the College. [Act No. 5 of 2019 , Sch.]

Section 17. Annual estimates Section 17(1) Before the commencement of a financial year, the Board of Directors shall cause to be prepared estimates of the revenue and expenditure of the College for that year. Section 17(2)(a) for the payment of the salaries, allowances and other charges in respect of the staff of the College; Section 17(2)(b) for the payment of the pensions, gratuities and other charges in respect of the retirement benefits which are payable out of the funds of the College; Section 17(2)(c) for the proper maintenance of the buildings and grounds of the College; Section 17(2)(d) for the proper maintenance, repair and replacement of the equipment and other movable property of the College; Section 17(2)(e) for the funding of the cost of teaching and research activities of and in the College; Section 17(2)(f) for the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of buildings or equipment and in respect of such other matters as the Board of Directors may think fit. Section 17(3) Annual estimates shall be approved by the Board of Directors before the commencement of the financial year to which th...

Section 18. Accounts and audit Section 18(1) The Board of Directors shall cause to be kept all proper books and records of account of the income, expenditure and assets of the College. Section 18(2)(a) a statement of income and expenditure during the year; and Section 18(2)(b) a statement of the assets and liabilities of the College on the last day of that year. Section 18(3) The accounts of the College shall be audited and reported on annually by the Auditor-General in accordance with the Public Audit Act (Cap. 412B). Section 18(4) The expenses of and incidental to the auditing of the accounts of the College shall be borne by the College. [Act No. 5 of 2019 , Sch.]

Section 19. Statutes Section 19(1)(a) the establishment of faculties, institutes and schools of the College; Section 19(1)(b) the description of diplomas, certificates and other academic qualifications; Section 19(1)(c) the requirements for the award of diplomas, certificates and other academic qualifications; Section 19(1)(d) the conduct of examinations; Section 19(1)(e) prescribing fees and user charges; Section 19(1)(f) settling the terms and conditions of service, including the appointment, dismissal and recommendation of retirement benefits of the members of the staff of the College; Section 19(1)(g) the constitution and procedure of meetings of the Board of Directors and the establishment, composition and terms of reference of committees of the Board of Directors; Section 19(1)(h) prescribing the rules and regulations for the students’ association. Section 19(2) deleted by ActNo. 5 of 2019, Sch. Section 19(3) deleted by ActNo. 5 of 2019, Sch. Section 19(4) deleted by ActNo. 5 of 2019, Sch. [Act No. 5 of 2019 , Sch.]

Section 20. Protection of name Section 20(1) Notwithstanding any other written law, no public officer performing functions relating to the registration of companies or business names shall accept for registration any name which includes together with the word “College” the words “Kenya Medical Training” or the words “Medical Training” unless the application for the registration is accompanied by the written consent of the Board of Directors. Section 20(2) Any person who, except with the written consent of the Board of Directors, uses the words "Kenya Medical Training College" in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling or profession commits an offence and shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both. [Act No. 5 of 2019 , Sch.]

Section 21. Amendment of Schedules Section The Cabinet Secretary may in consultation with the Board of Directors, by notice in the Gazette , amend the Schedule. [Act No. 5 of 2019 , Sch.]

Section 22. Transitional provisions Section 22(1) The funds, assets and other movable and immovable property held by the Government for and on behalf of the institution hitherto known as the College of Health Professions, Nairobi, shall be vested in the College. Section 22(2) Every public officer employed to effect or amend any entry in any register relating to property, or to issue or amend any certificate, or other document affecting or evidencing title to property shall do everything necessary under the law to transfer any property vested in the College by this paragraph. Section 22(3) All rights, powers, liabilities and duties whether arising under any written law or otherwise, vested in, imposed on, or enforceable by or against the Government for or in respect of the institution hitherto known as the College of Health Professions, Nairobi, shall be transferred to, vested in, imposed on or enforceable by or against the College. Section 22(4) Any action, suit or legal arbitration proceedings, or any application to any authority, by or against the Government for or in respect of the College of Health Professions, Nairobi, shall not abate or be discontinued or be prejudicially aff...