Kenya School of Government Act

Section 1. Short title Section This Act may be cited as the Kenya School of Government 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 the Public Service; "Campuses of the School" means the former Government Training Institutes specified in the Schedule and such other campuses as the Cabinet Secretary may, declare to be campuses of the School under section 4 ; "Council" means Council of the Kenya School of Government established under section 5 ; "Director-General" means the Director-General appointed under section 12 ; "School" means the Kenya School of Government established under section 3 .

Section 3. Establishment of the Kenya School of Government Section 3(1) There is established a school to be known as the Kenya School of Government. 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 contracts as may be necessary or expedient for the furtherance of the provisions of this Act and which may lawfully be done by a body corporate. Section 3(3) The School shall be the successor of the Kenya Institute of Administration established by the Kenya Institute of Administration Act (Repealed) and the Kenya Development Learning Centre established by the Education (Board of Governors) (Development Learning Centre) Order, 2003. Section 3(4) Subject to this Act, all rights, duties, obligations, assets and liabilities of the Kenya Institute of Administration and the Kenya Development Learning Centre existing at the commencement of this Act shall be automatically and fully transferred to the School and any reference to the Kenya Institu...

Section 4. Campuses of the School Section 4(1) The Cabinet Secretary may, on the advice of the Council, by Order in the Gazette , establish campuses within the School whose functions and powers shall be provided by that Order. Section 4(2) The Government Training Institutes specified in the Schedule shall be deemed to be campuses of the School established under subsection (1).

Section 5. Functions of the School Section 5(1) The School shall provide learning and development programmes to build capacity for the Public Service. Section 5(2)(a) provide training, consultancy and research services designed to inform public policy, promote national development and standards of competence, and integrity in the Public Service; Section 5(2)(b) promote continuous learning for public service excellence; Section 5(2)(c) provide programmes that promote a culture of decency, honesty, hard work, transparency and accountability among public servants; Section 5(2)(d) facilitate the establishment of professional networks and think tanks to develop and grow public sector leaders; Section 5(2)(e) develop linkages and collaborations with institutions of learning, professional organizations, private sector schools of government and other similar institutions across the world; Section 5(2)(f) monitor, evaluate and communicate the impact of strengthened education and training programmes for national leadership and management; Section 5(2)(g) develop and deliver programmes tailored to promote the School’s mandate and clients’ needs; Section 5(2)(h) conduct examinations and award...

Section 6. The Council Section 6(1)(a) a non-executive chairperson, who shall be a person with considerable experience in executive management, appointed by the President; Section 6(1)(b) the Principal Secretary in the Ministry for the time being responsible for the Public Service; Section 6(1)(c) the Principal Secretary in the Ministry for the time being responsible for finance; Section 6(1)(d) the Principal Secretary in the Ministry for the time being responsible for higher education; Section 6(1)(e) the Secretary to the Commission for Higher Education; Section 6(1)(f) three renowned leaders and managers from the private sector; Section 6(1)(g) one person to represent universities; Section 6(1)(h) one person nominated by the Public Service Commission; and Section 6(1)(i) one person nominated by the Kenya Institute for Public Policy Research and Analysis (KIPPRA); Section 6(1)(j) the Director-General, who shall be the Secretary. Section 6(2) A person shall not be appointed as member of the Council unless that person possesses a minimum of a Bachelor’s degree, has experience of at least five years in a senior management position and has demonstrated leadership skills. Section 6(3)...

Section 7. Committees of the Council Section 7(1) The Council may establish committees consisting of members of the Council to deal with such matters as the Council may specify. Section 7(2) The Council may co-opt persons who are not members of the Council to committees established under subsection (1) for a particular reason and such persons shall hold office for such period as the Council may determine. Section 7(3) The Council shall not co-opt more than three persons at any given time to its committees.

Section 8. Functions of the Council Section provide strategic advice and direction to the School;

Section 9. Meetings of the Council Section 9(1) The chairperson shall preside at all meetings of the Council but in the absence of the chairperson the members present shall appoint one member from among themselves to preside at the meeting. Section 9(2) The quorum for the conduct of business at a meeting of the Council shall be five. Section 9(3) The members of the Council may attend the meetings in person or through a representative. Section 9(4) Except as provided for in this section, the Council shall comply with the provisions of the State Corporations Act ( Cap. 446 ) governing the meetings and proceedings of Boards of State Corporations. [Act No. 18 of 2014 , Sch.]

Section 10. Academic Board Section 10(1)(a) the Director-General, who shall be the chairperson; Section 10(1)(b) Finance and Administration; and Section 10(1)(b)(i) Finance and Administration; and Section 10(1)(b)(ii) Academic Affairs; Section 10(1)(c) the Directors of the School’s Campuses; Section 10(1)(d) persons in charge of academic affairs in the School’s Campuses; and Section 10(1)(e) the head of the School’s library services. Section 10(2) The Director in charge of academic affairs shall be the secretary of the Academic Board. Section 10(3)(a) development, review and delivery of learning and development programmes; Section 10(3)(b) determination of entry levels for learning and development programmes; and Section 10(3)(c) determination of the standards and criteria for certification.

Section 11. Committees and procedure of the Board Section 11(1) The Academic Board may establish committees to deal with such matters as the Board may specify. Section 11(2) The Academic Board may co-opt persons to committees established under subsection (1) for a particular reason and such persons shall hold office for a period as the Board may determine. Section 11(3) The Academic Board shall regulate its own procedure.

Section 12. Common seal Section 12(1) Subject to this section, the common seal of the School shall be kept in such custody as the Council may direct and shall not be used except in the manner authorized. Section 12(2)(a) where they are required to be under seal, or sealed with the common seal of the School and authenticated by the chairperson of the Council and the Director-General; or Section 12(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 12(3) A deed, instrument, contract or any other document executed in accordance with subsection (2) shall, in law, bind the School, its assignees and its successors and may be varied or discharged in the same manner that it was executed.

Section 13. Director-General Section 13(1) There shall be a Director-General appointed by the Cabinet Secretary, on the recommendation of the Council following a competitive process of recruitment, who shall be the chief executive officer of the School. Section 13(2) A person shall not qualify to be appointed as the Director-General of the School unless that person has a minimum of a Masters degree, experience in executive management and leadership training, and possesses not less than ten years experience in senior management and leadership position. Section 13(3)(a) subject to the direction of the Council on matters of policy, be responsible for the administration and management of the School; Section 13(3)(b) after consultation with the Council, engage temporary employees at such daily rates of pay, not below the minimum rates prescribed by any written law, as may be considered appropriate, and shall report such employment to the Council at its next meeting. Section 13(3A) The officers and employees necessary for the conduct of the work of the school shall be appointed by the Council in accordance with the rules, regulations and procedures of the Public Service Commission. Secti...

Section 14. Staff of the School Section The Council may, subject to the State Corporations Act ( Cap. 466 ) employ the Director-General, and such directors and staff as it considers necessary for the efficient discharge of the functions of the School.

Section 13A. Determination of Fees. Section The Director-General may, with the approval of the Council prescribe the fees or the manner of determining the fees to be charged for any service or for the use any facility provided by the school or to be charged by the School when selling, licensing the use of or otherwise making available any property right held, controlled or administered by the School. [Act No. 18 of 2014 , Sch.]

Section 15. Funds, assets and liabilities of the School Section such sums as the Cabinet Secretary may, with the consent of the National Treasury, make available for the purposes of this Act out of monies provided by Parliament;

Section 16. Strategic plans, budget and annual report Section 16(1) The Council shall, as soon as practicable after the commencement of this Act and in a period not exceeding three years, prepare or cause to be prepared a five year strategic plan pertaining to the School which shall be submitted to the Council for approval. Section 16(2) The Council shall, not later than the end of February in every year, prepare and submit to the Cabinet Secretary for approval a three year budget incorporating estimates of the School’s revenue and expenditure for the next three financial years. Section 16(3) A plan or budget submitted to the Cabinet Secretary under this Act, unless earlier disapproved by the Cabinet Secretary, shall be approved by the Cabinet Secretary with or without such modifications not later than three months after it has been submitted. Section 16(4) The Council shall, within a period of three months after the end of each financial year or within such longer period as the Cabinet Secretary may approve, submit to the Cabinet Secretary a report on the operations and activities of the School. Section 16(5) The financial year of the School shall be the period of twelve months en...

Section 17. Accounts and audit Section 17(1) The Council shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the School. Section 17(2) The accounts of the Council shall be prepared and submitted for examination annually by the Auditor-General in accordance with the Public Audit Act (Cap. 412B).

Section 18. Protection of members and staff of the School from personal liability Section No act or thing done by any member of the Council, any officer or employee of the School shall, if the act or thing was done in good faith for the purpose of carrying out the provisions of this Act, subject the person to any liability, action, claim or demand whatsoever.

Section 19. Exemption from stamp duty Section No duty shall be chargeable under the Stamp Duty Act ( Cap. 480 ) in respect of any instrument executed by, or on behalf of or in favour of the School which, but for this section, the School would be liable to pay.

Section 20. Regulations Section staff appointment and discipline;

Section 21. Transitional provisions Section 21(1) For purposes of this section— "former Institutes" means the Institutes known as the Kenya Institute of Administration, the Kenya Development Learning Centre and the Government Training Institutes existing immediately before the commencement of this Act. Section 21(2) The annual estimates approved for the former Institutes in respect of the financial year in which this Act comes into operation shall be considered to be the annual estimates of the School for the remainder of the financial year but those estimates may be varied by the Cabinet Secretary. Section 21(3) All the members of staff of the Kenya Institute of Administration, Government Training Institutes and the Kenya Development Learning Centre employed at the time of commencement of this Act shall become employees of the School subject to such terms and conditions as the Council shall determine. Section 21(4) Despite subsection (3), all the members of staff of the Kenya Institute of Administration, Government Training Institutes and the Kenya Development Learning Centre in the employment immediately before the commencement of this Act shall, upon the commencement of this Act...