Technical and Vocational Education and Training (Kaimosi Friends National Polytechnic Order), 2025 — Esheria

Statute

Technical and Vocational Education and Training (Kaimosi Friends National Polytechnic Order), 2025

Legal Notice 35 of 2025 Country: Kenya As of: 14 Feb 2025 Status: In force Sections: 26
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Section 1

PRELIMINARY - 1. Citation

Part I: PRELIMINARY

Section 1. Citation Section This Order may be cited as the Technical and Vocational Education and Training (Kaimosi Friends National Polytechnic) Order, 2025.

Section 2

PRELIMINARY - 2. Interpretation

Part I: PRELIMINARY

Section 2. Interpretation Section In this Order, unless the context otherwise requires— “Council” means the governing organ of the National Polytechnic constituted under paragraph 5; “National Polytechnic” means the Kaimosi Friends National Polytechnic established under paragraph 3; “member” means a member of the Council of the National Polytechnic; “Principal” means the principal of the National Polytechnic appointed under paragraph 8; “staff” means the staff of the National Polytechnic appointed under paragraph 14; and “student” means a person registered by the National Polytechnic for the purpose of obtaining a qualification of a programme of study approved by a recognised body.

Section 3

ESTABLISHMENT OF THE NATIONAL POLYTECHNIC - 3. Establishment of the National Polytechnic

Part II: ESTABLISHMENT OF THE NATIONAL POLYTECHNIC

Section 3. Establishment of the National Polytechnic Section 3(1) There is established a National Polytechnic to be known as Kaimosi Friends National Polytechnic. Section 3(2)(a) suing and being sued; Section 3(2)(b) taking, purchasing or otherwise acquiring, holding, charging or disposing of both movable and immovable property; Section 3(2)(c) receiving, investing and borrowing money; and Section 3(2)(d) doing or performing such other acts, including entering in such contracts, as may be necessary or expedient for the furtherance of the provisions of this Order, and which may lawfully be done by a body corporate. Section 3(3) The National Polytechnic shall be the successor to the Kaimosi Friends Technical Training Institute existing immediately before the commencement of this Order.

Section 4

ESTABLISHMENT OF THE NATIONAL POLYTECHNIC - 4. Functions of the National Polytechnic

Part II: ESTABLISHMENT OF THE NATIONAL POLYTECHNIC

Section 4. Functions of the National Polytechnic Section 4(1)(a) provide, directly or in collaboration with other institutions of higher learning, facilities for technical, technological, professional, scientific education and training; Section 4(1)(b) promote in technological innovation as well as in the discovery, transmission and enhancement of knowledge for economic, social cultural, scientific and technological development; Section 4(1)(c) contribute to industrial and technological development of Kenya, in collaboration with industry and other organizations, through the transfer of technology; Section 4(1)(d) provide a multi-level system of post-secondary school education and training programmes relevant to the needs of the community, covering a wide range of fields and levels with provision for recognition of prior learning and flexibility of transition between programmes; Section 4(1)(e) provide high quality facilities to support education, research, residential, commercial, cultural, social, recreational, sporting and other services; Section 4(1)(f) collaborate with recognized universities for the conduct and award of degree programmes in technology; and Section 4(1)(g) fac...

Section 5

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 5. The Council

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 5. The Council Section 5(1)(a) the Chairperson; Section 5(1)(b) the Principal Secretary in the Ministry for the time being responsible for matters relating to technical and vocational education and training; Section 5(1)(c) the Principal Secretary in the Ministry for the time being responsible for matters relating to finance; Section 5(1)(d) leadership and management; Section 5(1)(d)(i) leadership and management; Section 5(1)(d)(ii) financial management; Section 5(1)(d)(iii) industry; Section 5(1)(d)(iv) engineering; Section 5(1)(d)(v) information communication technology; or Section 5(1)(d)(vi) technology; and Section 5(1)(e) the principal, who shall be an ex officio member of the Council. Section 5(2)(a) consider ethnic and gender balance; Section 5(2)(b) promote inclusion of persons with disability, minorities and the marginalised; and Section 5(2)(c) ensure balanced core skills and competencies amongst members. Section 5(3) In appointing members of the Council, the Cabinet Secretary shall stagger the appointment of members to ensure continuity in the membership of the Council.

Section 6

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 6. Vacancy in the office of a member of the Council

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 6. Vacancy in the office of a member of the Council Section 6(1)(a) resigns by notice in writing addressed to the Cabinet Secretary; Section 6(1)(b) is unable to perform the functions of office by reason of prolonged physical or mental incapacity; Section 6(1)(c) is adjudged bankrupt by a court of competent jurisdiction or enters into a composition or scheme of arrangement for the benefit of creditors; Section 6(1)(d) is guilty of gross misconduct; Section 6(1)(e) contravenes Chapter Six or Thirteen of the Constitution; Section 6(1)(f) is convicted of an offence and sentenced to imprisonment for a period of at least six months; or Section 6(1)(g) dies. Section 6(2) Where the office of a member of the Council becomes vacant, the Cabinet Secretary may, subject to the provisions of this Order, appoint another person to fill the vacancy for the unexpired term of such member. Section 6(3) Notwithstanding the generality of the foregoing, the Cabinet Secretary may suspend any member of the Council suspected of having contravened Chapters Six or Thirteen of the Constitution to pave way for investigations. Section 6(4) Where a person who has been suspended in accordance with sub-par...

Section 7

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 7. Functions of the Council

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 7. Functions of the Council Section ensure that a proper management structure is in place and that the structure maintains corporate integrity, reputation and responsibility of the National Polytechnic;

Section 8

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 8. Committees

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 8. Committees Section 8(1) The Council may set up such committees as may be appropriate to perform any of its functions and responsibilities as it may determine. Section 8(2) Notwithstanding the provisions of sub-paragraph (1), the Council shall not delegate its principal mandate to the committees.

Section 9

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 9. The Principal

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 9. The Principal Section 9(1) There shall be a Principal of the National Polytechnic who shall be appointed by the Cabinet Secretary on the recommendation of the Council following a competitive recruitment process. Section 9(2) The Principal shall hold office for a term of five years and shall be eligible for reappointment for one further term. Section 9(3)(a) be the chief executive officer of the National Polytechnic; Section 9(3)(b) be the Secretary to the Council; Section 9(3)(c) be the academic and administrative head of the National Polytechnic; Section 9(3)(d) subject to the direction of the Council, have overall responsibility of the direction, organization and administration of the programmes of the National Polytechnic; and Section 9(3)(e) have such powers and duties as may be provided by any written law. Section 9(4)(a) resigns from office by notice in writing addressed to the Cabinet Secretary and copied to the Chairperson of the Council; Section 9(4)(b) is removed from office by the Cabinet Secretary on the recommendation of the Council, in which case the Principal shall be entitled to three months’ notice or three months’ pay in lieu of notice; or Section 9(4)(...

Section 10

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 10. Deputy Principal

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 10. Deputy Principal Section 10(1) The Council shall appoint one or more Deputy Principals, who shall, under the general direction of the Principal, exercise such powers and perform such duties as may be provided by the Statutes. Section 10(2) The Deputy Principal shall hold office on such terms and for such period as may be provided by the Statutes and upon expiration of that period shall be eligible for re-appointment for one more term.

Section 11

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 11. Academic Board

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 11. Academic Board Section 11(1)(a) the Principal, who shall be the Chairperson; Section 11(1)(b) the Deputy Principals; Section 11(1)(c) the deans of students; Section 11(1)(d) the directors of Institutes and Centres; Section 11(1)(e) the heads of the teaching departments of the National Polytechnic; Section 11(1)(f) the librarian; and Section 11(1)(g) two members elected by the student’s organization of the National Polytechnic who shall however not attend deliberations of the Academic Board on matters which are considered by the Chairperson of the Academic Board to be confidential and which relate to examinations, the general discipline of students, and other related matters. Section 11(2)(a) the Registrars; Section 11(2)(b) the finance officer; Section 11(2)(c) the chief medical officer; Section 11(2)(d) the head of legal department; Section 11(2)(e) the head of procurement; Section 11(2)(f) two persons nominated by the staff association representing academic staff; and Section 11(2)(g) two persons nominated by the staff associations representing administrative staff. Section 11(3)(a) assess the content and academic standard of any course of study in respect of any dipl...

Section 12

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 12. Management Board

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 12. Management Board Section 12(1)(a) the Principal, who shall be the Chairperson; Section 12(1)(b) the Deputy Principal (Finance and Administration); Section 12(1)(c) the Deputy Principals; Section 12(1)(d) the Registrar (Administration); Section 12(1)(e) the finance officer; and Section 12(1)(f) such other member of the senior management as the Council may determine. Section 12(2)(a) the efficient management of the human, physical and financial resources of the National Polytechnic; Section 12(2)(b) making proposals to the Council and the Academic Board on policies that apply across the entire institution; Section 12(2)(c) coordination of the strategic and development plans of the National Polytechnic; and Section 12(2)(d) any other matters related to the management of the National Polytechnic.

Section 13

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 13. Performance of the functions in the absence of an office holder

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 13. Performance of the functions in the absence of an office holder Section 13(1) In the absence of the Principal, the Council may appoint an acting Principal from among the Deputy Principals as an acting Principal during the period of absence. Section 13(2) In the absence of the Principal and the Deputy Principals, the Council may appoint an acting Principal from among the senior members of the academic staff of the National Polytechnic. Section 13(3) In the absence of a member of staff of the National Polytechnic other than the Principal and Deputy Principals, the Principal may appoint a suitable person to perform the functions of the said officer during the period of absence.

Section 14

THE MANAGEMENT OF THE NATIONAL POLYTECHNIC - 14. Staff of the National Polytechnic

Part III: THE MANAGEMENT OF THE NATIONAL POLYTECHNIC

Section 14. Staff of the National Polytechnic Section 14(1)(a) the academic staff; Section 14(1)(b) the senior management staff; Section 14(1)(c) the administrative staff; Section 14(1)(d) the technical staff; and Section 14(1)(e) the support staff. Section 14(2)(a) the Principal; Section 14(2)(b) the Deputy Principals; Section 14(2)(c) the librarian; and Section 14(2)(d) all members of staff who are engaged in teaching and research. Section 14(3)(a) the Principal; Section 14(3)(b) the Deputy Principals; Section 14(3)(c) the dean of students; Section 14(3)(d) the directors of institutes; and Section 14(3)(e) such other members of staff as the Council may determine from time to time. Section 14(4)(a) the Registrars; Section 14(4)(b) the finance officer; and Section 14(4)(c) such other members of staff, not being engaged in teaching or research, as the Council may determine from time to time. Section 14(5) The technical staff of the National Polytechnic shall consist of those staff engaged in laboratory and field instruction in the teaching departments under the general direction of the heads of the teaching departments, as the Council may determine from time to time. Section 14(6) T...

Section 15

CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL - 15. Meetings of the Council

Part IV: CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL

Section 15. Meetings of the Council Section 15(1) The Council shall meet as often as necessary for the transaction of business, but not more than four months shall elapse between the date of one meeting and that of the next meeting. Section 15(2) The Chairperson may at any time, upon written request by a majority of the members, call a special meeting of the Council. Section 15(3) The Chairperson shall preside at every meeting of the Council at which the Chairperson is present, but in the Chairperson’s absence, the members present may elect an acting Chairperson from among their number to preside. Section 15(4) A member who has a direct or indirect interest in a matter being considered or to be considered by the Council shall, as soon as the relevant facts regarding the matter come to the knowledge of the member, disclose the nature of such interest, and shall not be present during any deliberations on the matter. Section 15(5) The Council shall cause the minutes of all proceedings of its meetings to be recorded and kept, and shall be signed by the chairperson or the person presiding at the meeting.

Section 16

CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL - 16. Quorum

Part IV: CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL

Section 16. Quorum Section The quorum for a meeting of the Council shall be seven members who shall include the five members appointed under paragraph 5 .

Section 17

CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL - 17. Decisions of the Council

Part IV: CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL

Section 17. Decisions of the Council Section Unless a unanimous decision is reached, a decision on any matter before the Council shall be made based on a simple majority of the members present, and in the case of an equality of votes, the chairperson or person presiding shall have a casting vote.

Section 18

CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL - 18. Rules of procedure

Part IV: CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL

Section 18. Rules of procedure Section Subject to this Order, the Council may regulate its own procedure.

Section 19

FINANCIAL PROVISIONS - 19. Investment of funds

Part V: FINANCIAL PROVISIONS

Section 19. Investment of funds Section The financial year of the National Polytechnic shall be the period of twelve months commencing on the first of July and ending on thirtieth June in the following year.

Section 20

FINANCIAL PROVISIONS - 20. Financial year

Part V: FINANCIAL PROVISIONS

Section 20. Financial year Section 20(1) The Council may invest any of the funds of the National Polytechnic in securities in which for the time being the Council may, by law, invest trust funds or in any other securities which the Cabinet Secretary responsible for matters relating to finance may, from time to time, approve for that purpose. Section 20(2) The Council may, subject to the approval of the Cabinet Secretary responsible for matters relating to finance, place on deposit with such banks as it may determine, any monies not immediately required for the purposes of the National Polytechnic.

Section 21

FINANCIAL PROVISIONS - 21. Annual estimates

Part V: FINANCIAL PROVISIONS

Section 21. Annual estimates Section 21(1) Before the commencement of a financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the National Polytechnic for that year. Section 21(2)(a) the payment of the salaries, allowances and other charges in respect of the staff of the National Polytechnic; Section 21(2)(b) the payment of the pensions, gratuities and other charges in respect of retirement benefits which are payable out of the funds of the National Polytechnic; Section 21(2)(c) the proper maintenance of the buildings and grounds of the National Polytechnic; Section 21(2)(d) the proper maintenance, repair and replacement of equipment and other movable property of the National Polytechnic; Section 21(2)(e) the funding of the cost of teaching, research and outreach activities of the National Polytechnic; and Section 21(2)(f) the creation of such funds to meet future or contingent liabilities in respect of retiring benefits, insurance or replacement of building or equipment and in respect of such other matters as the Council may think fit. Section 21(3) In preparing its annual estimates and development plans, the National Polytechnic shall...

Section 22

FINANCIAL PROVISIONS - 22. Accounts and audit

Part V: FINANCIAL PROVISIONS

Section 22. Accounts and audit Section 22(1) The Council shall cause to be kept all proper books of accounts of the income, expenditure, and assets and of the National Polytechnic. Section 22(2)(a) a statement of income and expenditure during that year; and Section 22(2)(b) a statement of the assets and liabilities of the Polytechnic on the last day of that year. Section 22(3) The accounts of the Polytechnic shall be audited in accordance with Public Audit Act (Cap.412B). Section 22(4) The Auditor-General may transmit to the Cabinet Secretary a special report on any matter incidental to the Auditor-General’s powers under this Order, and sub-sections (3) and (4) of section 29 of the Public Audit Act shall, with the necessary modifications, apply to any report made under this paragraph.

Section 23

MISCELLANEOUS PROVISIONS - 23. Statutes

Part VI: MISCELLANEOUS PROVISIONS

Section 23. Statutes Section 23(1)(a) the establishment of centres of excellence and Campuses of the National Polytechnic; Section 23(1)(b) the description of diplomas, certificates, and other qualifications; Section 23(1)(c) the requirements for award of diplomas, certificates and other qualifications; Section 23(1)(d) the conduct of examinations; Section 23(1)(e) determining fees and other charges; Section 23(1)(f) setting the terms and conditions of service including the appointment, dismissal and recommendations of retirement benefits of members of staff of the National Polytechnic; Section 23(1)(g) constitution and procedure of meetings of the Council, and the establishment, composition and terms of reference of committees of the Council; and Section 23(1)(h) providing for anything, which, under this Order, may be provided for or specified by the Statutes. Section 23(2) Notwithstanding sub-paragraph (1), the Council shall only initiate any action upon receipt of a report or proposal thereunder from the Academic Board, and shall not reject any such report, or amend any regulations as proposed without further reference to the Academic Board. Section 23(3) Statutes shall only be...

Section 24

MISCELLANEOUS PROVISIONS - 24. Common seal of the National Polytechnic

Part VI: MISCELLANEOUS PROVISIONS

Section 24. Common seal of the National Polytechnic Section 24(1) The common seal of the National Polytechnic shall be kept in such custody as the Council directs and shall not be used except upon the order of the Council. Section 24(2) The common seal of the National Polytechnic shall be authenticated by the signature of the Principal and other members of the Council duly authorized by the Council on their behalf, and of a Deputy Principal. Section 24(3) The common seal of the National Polytechnic when affixed to any document and duly authenticated under this paragraph shall be judicially and officially noticed, and, unless and until the contrary is proved, any order or authorization of the Council under this paragraph shall be presumed to have been duly given.

Section 25

MISCELLANEOUS PROVISIONS - 25. Protection of name

Part VI: MISCELLANEOUS PROVISIONS

Section 25. Protection of name Section 25(1) Notwithstanding the provisions of any other written law, a public officer performing functions relating to the registration of companies, business or societies shall not accept for such registration any name which includes the expression “Kaimosi Friends” together with the words "National Polytechnic" unless the application for the registration is accompanied by the written consent of the Council. Section 25(2) Any person who, except with the written consent of the Council, uses the expression “Kaimosi Friends” together with the words “National Polytechnic” in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall, on conviction, be liable to the penalty provided under section 56 of the Act. Section 25(3) This paragraph shall not be interpreted as preventing the bona fide use by any person of any title in pursuance of the grant to the person of a degree, diploma, or certificate by National Polytechnic.

Section 26

MISCELLANEOUS PROVISIONS - 26. Transition

Part VI: MISCELLANEOUS PROVISIONS

Section 26. Transition Section 26(1) All rights, liabilities and assets held by anybody on behalf of the Kaimosi Friends Technical Training, hereinafter referred to as “the former Institute”, shall, upon such commencement, be automatically and fully transferred to the National Polytechnic. Section 26(2) The staff of the former Institute who are in office immediately before the commencement of this Order shall be deemed to be the staff of the National Polytechnic. Section 26(3) All the students of the former Institute who were pursuing courses at the Institute immediately before the commencement of this Order shall, upon such commencement, be allowed to complete such courses and be awarded the respective awards of the National Polytechnic.