Kenya National Qualifications Framework Act

Section 1. Short title Section This Act may be cited as the Kenya National Qualifications Framework Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "accreditation" means procedure by which institutions offering education and training are formally recognized as having met the standards set out in various laws of Kenya; "Authority" means the Authority established under section 6 (1); "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to education; "Council" means the Council established under section 10 (1); "Director-General" means the Director-General of the Authority appointed under section 13 (1); and "National Qualifications Framework" means the national system for the articulation, classification, registration, quality assurance, and the monitoring and evaluation of national qualifications as developed in accordance with this Act; "qualifications" means qualification in education and training as recognized by the Authority in accordance with this Act; "training" means any activity aimed at imparting skills, knowledge, competences, values, attitudes and information towards assisting the recipient improve their performance.

Section 3. Guiding Principles Section The guiding principles for the framework shall be, among others, to promote access to and equity in education, quality and relevance of qualifications, evidence based competence, and flexibility of access to and affordability of education, training assessment and qualifications.

Section 4. Objects of the Act Section establish the Kenya National Qualifications Authority;

Section 5. Award of national qualification Section 5(1)(a) recognised or accredited in accordance with this Act; or Section 5(1)(b) a university accredited in accordance with the Universities Act (Cap. 210). Section 5(2) Any person who contravenes the provisions of this section commits an offence and shall be liable upon conviction to imprisonment for a term not exceeding six months or to a fine not exceeding five hundred thousand shillings or to both.

Section 6. Establishment of the Authority Section 6(1) There is established an authority known as the Kenya National Qualifications Authority. Section 6(2)(a) suing and being sued; Section 6(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; and Section 6(2)(c) doing or performing such other things or acts as may be necessary for the proper performance of its functions under this Act as may be properly performed by a body corporate.

Section 7. Headquarters of the Authority Section 7(1) The headquarters of the Authority shall be in Nairobi. Section 7(2) The Authority may establish such other offices in Kenya as the Council may deem necessary.

Section 8. Functions of the Authority Section co-ordinate and supervise the development of policies on national qualifications;

Section 9. Powers of the Authority Section 9(1) The Authority shall have all the power necessary for the performance of its functions under this Act. Section 9(2)(a) manage, control and administer the assets of the Authority in such manner and for such purposes that promote the purposes for which the Authority is established; Section 9(2)(b) receive gifts, grants, donation, endowments or any other monies made to, and in respect of, the Authority and make any disbursements from such monies in accordance with this Act; Section 9(2)(c) enter into association with such other bodies or organisations in Kenya or outside Kenya as it may consider appropriate to promote the purposes for which the Authority is established; Section 9(2)(d) open and maintain a bank account or account for the funds of the Authority; and Section 9(2)(e) offer services to any person upon such terms as the Council may determine.

Section 10. The Council Section 10(1)(a) a Chairperson appointed by the Cabinet Secretary; Section 10(1)(b) the Principal Secretary responsible for matters relating to education; Section 10(1)(c) the Principal Secretary responsible for matters relating to labour; Section 10(1)(d) the Principal Secretary responsible for matters relating to finance; Section 10(1)(e) one person representing the Commission for University Education; Section 10(1)(e)(i) one person representing the Commission for University Education; Section 10(1)(e)(ii) one person representing the Technical and Vocational Education and Training Authority; Section 10(1)(e)(iii) one person representing the Education Standards and Quality Assurance Council; Section 10(1)(e)(iv) one person nominated by an organization representing professional associations in Kenya; Section 10(1)(e)(v) one person nominated by the Federation of Kenya Employers; Section 10(1)(e)(vi) one person nominated by an organization representing workers unions; and Section 10(1)(f) the Director-General who shall be the secretary. Section 10(2) The members referred to in subsection (1)(b), (c) and (d) may designate in writing an officer in the respective...

Section 11. Vacancy in the Council Section 11(1)(a) is absent from three consecutive meetings of the Council without good cause; Section 11(1)(b) resigns by notice in writing to the Cabinet Secretary; Section 11(1)(c) is adjudged bankrupt; Section 11(1)(d) violates any of the provisions of the Constitution or any other law; Section 11(1)(e) is unable to perform the functions of the office by reason of prolonged physical or mental incapacity; or Section 11(1)(f) dies. Section 11(2) Where there is a vacancy in the Council, the Cabinet Secretary, subject to the provisions of this Act, shall appoint another person to fill the vacancy for the remaining period of the term of such member.

Section 12. Procedure of the Council Section The Schedule shall apply with respect to the conduct of the business and affairs of the Council but subject thereto, the Council shall regulate its own procedure.

Section 13. Director-General Section 13(1) The Council shall appoint a qualified person to be the Director-General of the Authority through an open and competitive process. Section 13(2)(a) holds a masters degree from a university recognised in Kenya; Section 13(2)(b) has at least ten years professional experience in the management of a public or private institution; and Section 13(2)(c) meets the requirements of Chapter Six of the Constitution. Section 13(3)(a) the chief executive officer of the Authority; Section 13(3)(b) responsible for the day-to-day management of the Authority; Section 13(3)(c) the custodian of the records of the Authority; and Section 13(3)(d) implementing the decisions of the Council; Section 13(3)(d)(i) implementing the decisions of the Council; Section 13(3)(d)(ii) facilitating, co-ordinating and ensuring the performance of the functions of the Authority; Section 13(3)(d)(iii) implementing, with the approval of the Council, programmes of work for performance of the functions of the Authority; Section 13(3)(d)(iv) the general discipline of the staff of the Authority; and Section 13(3)(d)(v) the performance of such other duties as may be assigned by the Coun...

Section 14. Staff of the Authority Section 14(1)(a) such professional, technical, administrative and support staff as may be necessary for the performance of the Authority who shall be appointed by the Council; and Section 14(1)(b) such public officers as may be seconded to the Authority by the Public Service Commission upon the request of the Council. Section 14(2)(a) not more than two-thirds of the appointees are of the same gender; Section 14(2)(b) the appointments reflect the regional and ethnic diversity of Kenya; and Section 14(2)(c) persons with disabilities are afforded adequate and equal opportunities in the appointments.

Section 15. Delegation by the Council Section Subject to this Act, the Council may, generally or in any particular case, delegate to a member of the Council or to an employee or agent of the Authority, the exercise of any of the powers or the performance of any of the functions of the Authority.

Section 16. Code of Conduct Section The members of the Council, the Director-General and the staff of the Authority shall subscribe to a code of conduct as may be prescribed by the Cabinet Secretary in consultation with the Council.

Section 17. Seal of the Authority Section 17(1) The common seal of the Council shall be kept in the custody of the Director-General, and shall not be used except upon the order of the Council. Section 17(2) The common seal of the Council, when affixed to a document and duly authenticated, shall be judicially and officially noticed, and unless the contrary is proved, any necessary order or authorisation by the Council under this section shall be presumed to have been duly given. Section 17(3) The common seal of the Council shall be authenticated by the signature of the Chairperson of the Council, or the person acting as the Chairperson at the time and the Director-General. Section 17(4) In the absence of either the Chairperson or the Director-General, the Council shall nominate one member of the Council to authenticate the seal of the Council, in any particular matter, on behalf of either the Chairperson or the Director-General, as the case may be. Section 17(5) A deed, instrument, contract or other document executed in accordance with this section binds the Authority.

Section 18. Signification of documents Section All documents, other than those required to be under seal, made on behalf of the Council shall be signified by the hand of the Chairperson, or any other member authorised by the Council, or the Director-General.

Section 19. Funds of the Authority Section monies payable to the Authority appropriated by Parliament for the purposes of the Authority;

Section 20. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth June in each year.

Section 21. Annual estimates Section 21(1) The Council shall cause to be prepared estimates of the revenue and expenditure of the Authority for each year at least three months before the commencement of each financial year. Section 21(2)(a) payment of salaries, allowances and other charges in respect of the staff of the Authority; Section 21(2)(b) payment of pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the Authority; Section 21(2)(c) maintenance of the assets of the Authority; and Section 21(2)(d) creation of such reserves to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings, installations or equipment of the Authority and in respect of such other matters as the Authority may think fit. Section 21(3) The Council shall approve the estimates before the commencement of the relevant financial year and submit the estimates to the Cabinet Secretary for approval. Section 21(4) Where the Cabinet Secretary has given approval on the estimates submitted by the Authority, the Council shall not alter the sum provided for in the estimates without the approval of the Cabi...

Section 22. Accounts and audit Section 22(1) The Council shall cause to be kept and maintained proper books of account of the income, expenditure, assets and liabilities of the Authority. Section 22(2)(a) income and expenditure of the Authority during that financial year; and Section 22(2)(b) assets and liabilities of the Authority as at the final day of that financial year. Section 22(3) The accounts of the Authority shall be audited in accordance with the Public Audit Act (Cap. 412B).

Section 23. Protection from liability Section A member of the Council, or an officer, employee or agent of the Authority or any person acting under their direction is not liable for any matter or thing if that matter or thing is done in good faith for executing the functions, powers or duties of the Authority.

Section 24. Annual report Section 24(1) The Council shall prepare and submit to the Cabinet Secretary an annual report on the operations of the Authority for the preceding year, within three months after the end of the financial year. Section 24(2)(a) the financial statements of the Authority for the previous financial year; and Section 24(2)(b) a detailed report of the activities of the Authority. Section 24(3) The Cabinet Secretary shall submit the annual report of the Authority to the relevant Committee of Parliament within thirty days of receiving the report.

Section 25. Access to information Section 25(1)(a) shall be in writing; Section 25(1)(b) shall be addressed to the Director-General or such person as the council may designate for the purpose; Section 25(1)(c) may be subject to the payment of a reasonable fee as the Council may prescribe; and Section 25(1)(d) may be subject to restrictions on the ground of confidentiality. Section 25(2)(a) the request is unreasonable in the circumstances; Section 25(2)(b) the information being requested is still being considered by the Council; Section 25(2)(c) a prescribed fee has not been paid; or Section 25(2)(d) the person requesting the information is unable to meet the requirements for the protection of confidentiality where it is necessary to do so.

Section 26. Fees Section The Authority may charge fees for any service rendered by it under this Act.

Section 27. Conflict of interest Section 27(1) A member of the Council who is present at a meeting of the Council at which a matter under consideration is one in which that member or that member's spouse is directly or indirectly interested in their private capacity shall declare such interest as soon as practicable after the meeting commences and shall not, unless the Council permits, take part in the consideration, discussion of, or vote on any question regarding that matter. Section 27(2) A declaration of interest shall be recorded in the minutes of the meeting at which it is made. Section 27(3) A person who fails to declare an interest as required under this section commits an offense and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding six months or to both. Section 27(4) A member of the Council or a member of staff of the Authority in their private capacity is not permitted to transact any business with the Authority.

Section 28. Protection of name Section Any person who uses the words "Kenya National Qualification Authority" in furtherance of or in connection with any advertisement without the written permission of the Authority commits an offence and is liable on conviction to a fine of not exceeding five hundred thousand shillings or imprisonment for a term of not exceeding six months or to both.

Section 29. Regulations Section 29(1) The Cabinet Secretary may, in consultation with the Council, make regulations generally for the better carrying out of the purposes of this Act. Section 29(2)(a) the imposition and payment of fees; Section 29(2)(b) the manner and forms of accreditation or certification of qualification awarding bodies; Section 29(2)(c) the responsibilities and control of the staff of the Authority; or Section 29(2)(d) any other matter prescribed under this Act.

Section 30. Transitional Clause Section The Examining Bodies which were established under various Acts immediately prior to the coming into force of this Act shall continue to operate and shall seek accreditation under this Act from the Authority within a period of two years from the date of the commencement of the Act.

Section 31. Power to dissolve Council Section Despite any other provision in this Act, the Cabinet Secretary may dissolve the Council by notice in the Gazette if the Council performs its functions in a manner that is not consistent with this Act.