Technical and Vocational Education and Training Act

Section 1. Short title Section This Act may be cited as the Technical and Vocational Education and Training Act.

Section 2. Interpretation Section 2(1) In this Act, unless the context otherwise requires— "accreditation" means the process by which the Board formally recognizes and confirms by certification that an institution has met and continues to meet the standards of academic, training and competence excellence set by the Board in accordance with the provisions of this Act; "Authority" means the Technical and Vocational Educational and Training Authority established under section 6 ; "Board" means the Technical and Vocational Education and Training Board established under section 8 of this Act; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters related to technical and vocation education and training; "certificate" means the level of qualification below diploma or its equivalent; "Certification Council" means the technical and Vocational Education and Training Curriculum Development, Assessment and Certification Council established under section 44 (1) of this Act; "Commission" means the Commission for the time being in charge of university education; "Diploma" means the level of qualification below degree and above a certificate; "Fund" means the T...

Section 3. Guiding principles Section 3(1)(a) training shall be availed to all qualified Kenyans without discrimination; Section 3(1)(b) there shall be instituted appropriate mechanisms to promote access, equity, quality and relevance in training to ensure adequate human capital for economic, social and political development; Section 3(1)(c) the educational, cultural and social economic background of the people; Section 3(1)(c)(i) the educational, cultural and social economic background of the people; Section 3(1)(c)(ii) the technical and professional skills, knowledge and levels of qualification needed in the various sectors of the economy and the technological and structural changes to be expected; Section 3(1)(c)(iii) the trends towards integration of information and communication technologies to multiply access and improve training capacity, delivery modes and life-long employability of graduates; Section 3(1)(c)(iv) the employment opportunities, occupational standards and development prospects at the international, national, regional and local levels; and Section 3(1)(c)(v) the protection of the environment and the common heritage of the country. Section 3(2) There shall be no...

Section 4. Role of the Cabinet Secretary Section 4(1) The Cabinet Secretary in consultation with the other Ministries and the private sector involved in training shall develop policies and provide strategies for the development of a national training system. Section 4(2) The Cabinet Secretary shall have the overall responsibility in the provision of training and shall, in collaboration with other Ministries and stakeholders, be responsible for promoting access, equity, quality and relevance in training.

Section 5. Policy guidance by Cabinet Secretary Section The Cabinet Secretary shall provide policy guidance on all matters relating to the implementation.

Section 6. Establishment of the Technical and Vocational Education and Training Authority Section 6(1) There is hereby established an Authority to be known as the Technical and Vocational Education and Training Authority. Section 6(2)(a) suing and being sued; Section 6(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; Section 6(2)(c) borrowing money; Section 6(2)(d) charging for services offered; Section 6(2)(e) entering into contracts; and Section 6(2)(f) doing or performing all other acts necessary for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate.

Section 7. Functions of the Authority Section 7(1)(a) regulate and co-ordinate training under this Act; Section 7(1)(b) accredit and inspect programmes and courses; Section 7(1)(c) advise and make recommendations to the Cabinet Secretary on all matters related to training; Section 7(1)(d) determine the national technical and vocational training objectives; Section 7(1)(e) promote access and relevance of training programmes within the framework of the overall national socio-economic development plans and policies; Section 7(1)(f) prescribe the minimum criteria for admission to training institutions and programmes in order to promote access, equity and gender parity; Section 7(1)(g) recognize and equate qualifications awarded by local or foreign technical and vocational education institutions in accordance with the Standards and guidelines set out by the Authority from time to time; Section 7(1)(h) develop plans, and guidelines for the effective implementation of the provisions of this Act; Section 7(1)(i) establish a training system which meets the needs of both the formal and informal sectors as provided under this Act; Section 7(1)(j) collect, examine and publish information relat...

Section 8. The Board of the Authority Section 8(1)(a) a chairperson; Section 8(1)(b) the Principal Secretary in the Ministry responsible for finance; Section 8(1)(c) the Principal Secretary in the Ministry responsible for technical and vocational education and training; Section 8(1)(d) the chief executive of the Fund; Section 8(1)(e) five persons who have proven knowledge and experience in technical and vocational education and training, legal and financial matters of whom at least two and not more than three shall be of the same gender. Section 8(2) The chairperson and the members of the Board under subsection (1)(a) and (e) shall be appointed by the Cabinet Secretary only from a list of, in the case of the chairperson, three names, and in the case of other members, nine names submitted by a Selection Panel appointed by the Cabinet Secretary in accordance with subsection (3). Section 8(3)(a) a representative of the Public Service Commission; Section 8(3)(b) one person nominated by the body recognized as representing technologists and technicians; Section 8(3)(c) a representative of the Federation of the Kenya Employers; and Section 8(3)(d) one person to represent the body currentl...

Section 9. Director-General of the Authority Section 9(1) There shall be a Director-General of the Authority who shall be appointed by the Cabinet Secretary on the recommendation of the Authority following a competitive recruitment process and who shall serve for a period of five years, which term may be renewed once. Section 9(2) The Director-General shall be the chief executive officer of the Authority and shall, subject to the directions of the Board, be responsible for the day-to-day management of the affairs of the Authority. Section 9(3)(a) holds at least a Master's degree from a university recognized in Kenya; Section 9(3)(b) has at least fifteen years experience in management of public or private institutions; and Section 9(3)(c) meets the requirements of Chapter Six of the Constitution.

Section 10. Staff of the Authority Section The Board may appoint such other officers and staff as may be necessary for the proper discharge of the functions of the Authority under this Act or any other written law, upon such terms and conditions of service as the Board may determine.

Section 11. Financial year Section The financial year of the Authority shall be the period of twelve months ending on the thirtieth of June in every year.

Section 12. Funds of the Authority Section such moneys as may be provided by Parliament for the purposes of the Authority;

Section 13. Annual estimates Section 13(1) At least three months before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Authority for that year. Section 13(2)(a) the payment of the pensions, gratuities and other charges in respect of retirement benefits to members of staff; Section 13(2)(b) payment of rent, utility bills and other services rendered to the Board; Section 13(2)(c) the proper maintenance of the buildings and grounds of the Board; Section 13(2)(d) the proper maintenance, repair and replacement of the equipment and other movable property of the Board; and Section 13(2)(e) the creation of such reserve funds to meet future or contingent liabilities in respect of retirement benefits, insurance or replacement of buildings or equipment or in respect of such other matters as the Board may deem fit. Section 13(3) The annual estimates shall be submitted to the Cabinet Secretary for approval before the commencement of the financial year to which they relate. Section 13(4) The sum provided in the estimates once approved under subsection (3) shall not be increased without the prior consent of the Board....

Section 14. Accounts and audit Section 14(1) The Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Board. Section 14(2)(a) a statement of income and expenditure during that year; and Section 14(2)(b) a statement of the assets and liabilities of the Board on the last day of the financial year. Section 14(3) The accounts of the Board shall be audited by the Auditor-General or by an auditor appointed by the Board with the written approval of the Auditor-General. Section 14(4) The appointment of an auditor shall not be terminated by the Board without the prior written consent of the Auditor-General. Section 14(5) The Auditor-General may give general or special directions to an auditor appointed under subsection (3) and the auditor shall comply with those directions. Section 14(6) An auditor appointed under subsection (3) shall report directly to the Auditor-General on any matter relating to the directions given under subsection (5) of this section. Section 14(7) Within a period of six months after the end of the financial year the Auditor-General shall report on the examination and audit of the accounts of th...

Section 15. Investment of funds Section 15(1) The Board may invest any of its funds in securities in which for the time being trustees may by law invest in trust funds, or in any other securities which the National Treasury may, from time to time, approve for that purpose. Section 15(2) The funds to be invested may, subject to the approval of the National Treasury, be placed on deposit with such bank or banks as Board may determine, including any monies not immediately required for the purposes of the Board.

Section 16. Vesting of property Section All such immovable property, shares, funds and securities as may from time to time become the property of the Board shall be dealt with in such manner as the Board may determine, subject to the conditions upon which grants are made from public funds for capital and recurrent purposes and the conditions upon which any endowment, bequest or donation is made for any purpose connected to the Board.

Section 17. Requirement for registration Section 17(1) No person or institution shall offer training in Kenya unless the person or institution has been accredited, licensed and registered under this Act to offer such training. Section 17(2) Notwithstanding the provisions of subsection (1), any person or institution already offering training in Kenya by any mode of delivery or is a trainer at the commencement of this Act, shall, within six months from the date of such commencement submit an application to the Board for accreditation, registration and licensing under this Act. Section 17(3) No programme or course of training shall be mounted in an institution without prior approval by the Board and no academic award or qualification issued by any institution not yet accredited, registered and licensed in accordance with this Act shall be recognized in Kenya. Section 17(4) Any person who contravenes the provision of this section commits an offence and is liable on conviction to a fine of a sum not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both.

Section 18. Application for registration Section 18(1) Any person or institution intending to offer training in Kenya shall apply to the Board in the form prescribed by the Board from time to time. Section 18(2)(i) the name, physical, postal and electronic addresses of the proposed institution; Section 18(2)(ii) the governance and management structures of the institution; Section 18(2)(iii) membership of the proposed institution; Section 18(2)(iv) aims and objectives for which the institution is to be established and the programmes of instruction and courses of study that are to be offered; Section 18(2)(v) the number, qualifications and competence of the manager and trainers; Section 18(2)(vi) layout designs and specifications of available infrastructure and equipment; Section 18(2)(vii) a statement on the suitability, ownership or lease arrangement for premises to be used as evidence of structural soundness of buildings and their capacity in accordance with the Public Health Act ( Cap. 242 ); Section 18(2)(viii) a statement of financial ability and fees to be charged; and Section 18(2)(ix) such other matters as may be prescribed in the regulations made under this Act.

Section 19. Consideration of application Section 19(1)(a) examine the documents submitted; and Section 19(1)(b) inspect and assess the facilities available for use in respect of the proposed institution. Section 19(2) The Board shall prepare a detailed accreditation report thereon and return it to the applicant.

Section 20. Registration and Licensing of institutions Section 20(1) Where the Board is satisfied that the applicant meets the conditions for establishment of an institution, it shall enter the particulars of the institution in its register and issue the institution with a licence to offer training in the prescribed format as shall be set out by the Board. Section 20(2)(a) reject the application; or Section 20(2)(b) make its comments or recommendations thereon and forward them to the applicant. Section 20(3) An applicant whose application has been commented upon in accordance with subsection (2)(b) may resubmit a revised application within a period of six months.

Section 21. Determination of a revised application Section On receipt of a revised application under section 20 (3), the Board shall, within three months from the date of receipt, determine the application in accordance with this Act and upon such determination if satisfied, register and license the institution in accordance with this Act.

Section 22. Accreditation of foreign institutions Section 22(1) Notwithstanding the provisions of any other written law for the time being in force, any foreign institution which intends to offer training in Kenya, or which, at the commencement of this Act was already offering training in Kenya shall within a period of six months from the date of such commencement, apply for accreditation, licensing and registration in accordance with this Act. Section 22(2) A foreign institution may apply to the Board in the prescribed form for accreditation and approval by the Board, to enter into an arrangement with an institution licensed, registered and accredited in Kenya for the purposes of offering joint training of instruction and or courses of study. Section 22(3) A training programme under subsection (2) shall require to first be approved by the Board in accordance with this Act. Section 22(4) Any person or institution who contravenes this section commits an offence and shall be liable, on conviction, to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three years or to both.

Section 23. Registration and licensing of trainers Section 23(1) Any person who intends to become a trainer in an institution shall apply for licensing and registration by the Board in accordance with the provisions of this Act. Section 23(2) Application for licensing shall be in accordance with the prescribed format. Section 23(3) Any person who is not registered at the commencement of this Act shall comply with this Act within six months from the date of such commencement.

Section 24. Appeal against refusal Section Any person aggrieved by the decision of the Board under this Part may, within thirty days of being notified of the decision, appeal to the Cabinet Secretary against such decision.

Section 25. Registers Section 25(1)(a) particulars of institutions accredited, registered and licensed under this Act; and Section 25(1)(b) particulars of trainers registered and licensed under this Act. Section 25(2) The registers maintained under subsection (1) shall be open for inspection by members of the public during office hours free of charge.

Section 47. Establishment of the Fund Section 47(1) There shall be established a Fund to be known as the Technical and Vocation Education Fund. Section 47(2) The object and purpose of the Fund shall be to provide funds to be used for financing technical and vocation education institutions. Section 47(3)(a) monies provided by Parliament; Section 47(3)(b) such sums of money as may be received by the Funding Board in the form of donations; Section 47(3)(c) such sums of money as may be specifically designated for the Fund by the Authority out of its own Funds; and Section 47(3)(d) income generated by investments made by the trustees; and Section 47(3)(e) endowments, grants and gifts from whatever source designated for the Fund. Section 47(4) There shall be paid out of the Fund any expenditure approved by the Funding Board and incurred in connection with the administration of the Fund.

Section 48. Membership of Funding Board Section 48(1)(a) a chairperson; Section 48(1)(b) the Principal Secretary in the Ministry responsible for technical and vocational education; Section 48(1)(c) the Principal Secretary in the Ministry responsible for finance; Section 48(1)(d) six members appointed by the Cabinet Secretary in accordance with subsection (2). Section 48(2)(a) the objects of the Fund; Section 48(2)(b) the need for balanced competencies within the Funding Board; Section 48(2)(c) gender equity; and Section 48(2)(d) the inclusion of persons with disabilities, the minorities and other marginalized groups. Section 48(3) The provisions relating to the appointment of the members of the Board as set out in section 8 shall apply, mutatis mutandis , to the Funding Board. Section 48(4)(a) disburse funds to institutions in accordance with criteria prescribed by the Cabinet Secretary, taking into account the respective institution’s output, efficiency and role in areas priotised by the Government; Section 48(4)(b) in consultation with the institutions, establish the maximum differentiated unit cost for the programmes offered and discipline differentiated remuneration for academi...

Section 49. Financial year of the Funding Board Section The financial year of the Funding Board shall be the period of twelve months commencing on the 1st July and ending on the thirtieth day of June of the following year.

Section 50. Annual estimates Section 50(1) The Funding Board shall submit to the Cabinet Secretary an estimate of its income and expenditure during the succeeding financial year six months before the commencement of the financial year. Section 50(2) The Cabinet Secretary shall communicate to the Funding Board his approval of the annual estimates at least one calendar month before the commencement of the financial year.

Section 51. Books of accounts and audits Section 51(1) The Funding Board shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Fund. Section 51(2)(a) a balance sheet showing in detail the assets and liabilities of the Board at the end of the financial year; Section 51(2)(b) a statement of financial activities, income and expenditure during the financial year; and Section 51(2)(c) other statements of accounts as may be necessary to fully disclose the undertaking, assets, liabilities and discharge of the functions of the Board. Section 51(3) The accounts of the Funding Board shall be audited in accordance with the Public Audit Act ( Cap. 412B ) and any other law relating to the management of public funds.

Section 26. Categories of institutions Section 26(1)(a) vocational training centers, which shall offer courses up to Artisan Certificate; Section 26(1)(b) technical and vocational colleges, which shall offer programmes up to Diploma; Section 26(1)(c) technical trainer colleges, which shall offer up to higher diploma level; Section 26(1)(d) National Polytechnics, which shall offer up to higher Diploma level; and Section 26(1)(e) such other categories as the Cabinet Secretary may specify. Section 26(2)(a) suing and being sued; Section 26(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; Section 26(2)(c) borrowing money; Section 26(2)(d) charging for services offered, with the approval of the Cabinet Secretary; Section 26(2)(e) entering into contracts; and Section 26(2)(f) doing or performing all other acts necessary for the proper performance of its functions under this Act which may be lawfully done or performed by a body corporate. Section 26(3) The institutions provided for under subsection (1)(c) and (d) may in collaboration with a University offer programmes leading to the award of an undergraduate degree in t...

Section 27. Governance and management in Training Section 27(1) Training in the institutions referred to under section 26 (1)(a) and (b) shall be governed and managed in accordance with the provisions of this Act and any instrument of governance approved by the Board. Section 27(2)(a) encouraging co-operation and collaboration among all stakeholders for effective representation in governance and management of the institution; Section 27(2)(b) decentralizing decision-making authority with regard to financial matters, human resource issues, and other relevant matters; Section 27(2)(c) enhancing the culture of accountability, democracy, and transparency in the governance and management of the institutions; Section 27(2)(d) ensuring effective and efficient education and training; Section 27(2)(e) ensuring the participation of and consultation with the stakeholders at the county, national and international levels.

Section 28. Organs of governance Section 28(1)(a) Boards of Governors for vocational training centers; Section 28(1)(b) Boards of Governors for technical and vocational colleges; Section 28(1)(c) Councils for National Polytechnics; and Section 28(1)(d) Councils for technical trainer colleges. Section 28(2) The institutions may establish such other organs as may be approved by the Board for the better management and governance. Section 28(3) The membership of the organs set out under subsection (1) and governance procedures shall be as set out in the Second Schedule. Section 28(4) The organs of governance set out in subsection (1)(a) and (b) shall be unincorporated bodies. Section 28(5) The organs may set up such committees and assign such responsibilities as it may deem fit. [Act No. 18 of 2014 , Sch.]

Section 29. Functions of the governing bodies of training institutions Section overseeing the conduct of education and training in the institutions in accordance with the provisions of this Act and any other written law;

Section 30. Principal to be chief executive officer Section 30(1) There shall be a Principal of a public training institution established under section 26 (1)(a) or (b) who shall be appointed by the Cabinet Secretary on the recommendation of the Board of Governors following a competitive recruitment process and who shall serve for a period of five years, which term may be renewed once. Section 30(2) The chief executive officer of a private institution shall be appointed in accordance with the provisions of the instrument of governance of the institution.

Section 31. Standards in training Section 31(1)(a) establish standards and benchmarks for training; Section 31(1)(b) administer policies and guidelines developed under this Act or any other written law to govern the establishment and accreditation of training institutions in accordance with this Act; and Section 31(1)(c) ensure the maintenance of standards, quality and relevance in all aspects of training within the national training system. Section 31(2) The Board shall, in consultation with stakeholders establish guidelines regarding the nature and quality of facilities that may be used for purposes of conducting technical and vocational education and training.

Section 32. Programs of instruction in training institutions Section 32(1) An institution offering technical and vocational education and training may with the approval of the Board, introduce, review or alter programmes of instruction or courses of study. Section 32(2)(i) innovativeness and creativity; Section 32(2)(ii) continuation of training for improvement of professional qualifications and updating of knowledge, skills and understanding; Section 32(2)(iii) complementary education for those receiving technical, vocational and education training in the form of on-the-job training or other training in institutions or other facilities; Section 32(2)(iv) the special needs of persons with disability, minorities and marginalized groups.

Section 33. Monitoring and evaluation of training institutions Section 33(1) Training shall be of quality and relevance and in accordance with the standards set out by the Board, and shall implement the objectives stated under this Act. Section 33(2) Every institution shall put in place internal systems to ensure the maintenance of standards, quality and relevance of training programmes. Section 33(3) The Board shall establish mechanisms for monitoring and evaluating services and programmes in accordance with this Act to ensure and assure standards, quality and relevance in the provision of programmes and management of institutions on a continuous basis. Section 33(4) Pursuant to subsection (3) the Board shall conduct periodic evaluation of each institution for purposes of assessing and evaluating on a regular basis the quality of training offered at or by each particular institution.

Section 34. Appointment of monitors and evaluators Section 34(1) For purposes of section 33 (3) and (4), the Board shall appoint evaluators and monitors for purposes of conducting evaluation and monitoring. Section 34(2) In undertaking evaluation and monitoring under section 33 , the evaluators and monitors shall have the power to inquire into infrastructure, equipment, programs, the trainers, students, or any other relevant matter concerning the institution, and shall utilize such methods or modalities of evaluation as may be prescribed in the statutes under this Act or any other written law. Section 34(3) After completion of evaluation and monitoring as provided for under this section, the evaluators and monitors shall prepare a report in the prescribed form and submit the same to the Board.

Section 35. Offence to hinder or obstruct evaluation or monitoring Section Any person who refuses, hinders or obstructs evaluators or monitors from carrying out the evaluation commits an offence.

Section 36. Notice to rectify Section The Board may by notice in writing, require an institution in default of any set standard to comply therewith within a prescribed time and in a prescribed manner.

Section 37. Closure of training institutions Section 37(1) If any institution served with the notice under section 36 fails to comply with the notice, the Board may close the institution either permanently or until the notice is complied with. Section 37(2) Any person aggrieved by the decision of the Board under subsection (1) may appeal to the Cabinet Secretary within thirty days of the decision.

Section 38. National and international standards and quality assurance Section adopt appropriate national and international standards in training;

Section 39. Integration of internships in training Section The training systems shall integrate on-the-job attachment and internships at all levels in order to provide relevant training for the development of appropriate practical and innovative skills.

Section 40. Responsibility of institutions and quality assurance agencies in implementing of standards Section The guidelines on standards, quality and relevance established under this Act shall be implemented by the institutions, regulatory and quality assurance agencies in training and any other person directly or indirectly engaged in training in the country.

Section 41. Filing of annual report Section 41(1) Every institution accredited under this Act shall file its annual self-evaluation report in the prescribed manner with the Board. Section 41(2) The annual self-evaluation report shall give details of development made in the institution’s physical infrastructure and training. Section 41(3) Any institution that fails to comply with the provisions of this section commits an offence under this Act.

Section 42. Recognition and equation of certificates and diplomas Section The Board shall assess examinations, certificate or diploma qualifications acquired from any institution, whether local or foreign, or any skills, knowledge and qualifications evidenced by the extent to which the qualifications so awarded conform to the established standards and guidelines and are of an equivalent standard.

Section 43. Certification of skill and competencies acquired on the job Section The Authority may, in accordance with the standards and guidelines set out under this Act, assess the skills or competencies acquired by a person on the job, equate such competencies to qualifications within the training framework and recommend to the appropriate competent authorities to issue corresponding certificates and diplomas.

Section 44. Establishment of Certification Council Section 44(1) There is established a body to be known as the TVET Curriculum Development, Assessment and Certification Council. Section 44(2)(a) suing and being sued; Section 44(2)(b) purchasing, holding and disposing of movable and immovable property; and Section 44(2)(c) doing all such other acts or things as may be done by a body corporate. Section 44(3) All courts, judges and other persons acting judicially shall take judicial notice of the seal of the Council and shall presume that it was duly affixed.

Section 45. Functions of certification Council Section undertake design and development of curricula for the training institutions’ examination, assessment and competence certification;