Technical and Vocational Training (Taita Taveta National Polytechnic) Order, 2024

Section 1. Citation. Section This Order may be cited as the Technical and Vocational Training (Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ) Order, 2024.

Section 2. Interpretation. Section In this Order, unless the context otherwise requires— "Academic Board" means the Academic Board of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") established under paragraph 9; "Cabinet Secretary" has the meaning assigned to it under section 2 of the Act; "Council" means the Council of the Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") constituted under paragraph 5; "Management Board" means the Management Board of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") established under paragraph 12; "member" means a member of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; "National Polytechnic" means the Taita Taveta National Polytechnic established under paragraph 3; "Principal" means the principal of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") appointed under paragraph 9; "staff" means an...

Section 3. Establishment of the Taita TavetaNational Polytechnic. Section 3(1) There is established a National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") to be known as the Taita Taveta National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . 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 and such other act, 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 ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be the successor to the Coast Institute of Technology existing immediately before the commencement of this Order.

Section 4. Objects and functions of theNational 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) participate 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 transfer of technology; Section 4(1)(d) promote and establish a culture of innovation in engineering and technology, and technology transfer amongst staff ("any staff of the National Polytechnic; and") and students; Section 4(1)(e) develop an institution with excellence in teaching, training, scholarship, entrepreneurship, research, consultancy, community service, among other educational services and products, with emphasis on technology and its development, impact and application within and outside Kenya; Section 4(1)(f) provide a multi-level system of post-secondary school education and training...

Section 5. Composition of theCouncil. Section 5(1)(a) the chairperson; Section 5(1)(b) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") Secretary for the time being responsible for matters relating to technical and vocational education and training; Section 5(1)(c) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") Secretary for the time being responsible for 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) law; and Section 5(1)(e) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") who shall be an ex officio member ("a member of the Council of the National Polytechnic;") of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . Section 5(2)(a) take in to account ethnic and gender balance; Section 5(2)(b) promote inclusion of persons with disability, minorities and the marginalised; and Secti...

Section 6. Vacancy in office ofmember. 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; or Section 6(1)(f) is convicted of an offence and sentenced to imprisonment for a period of six months or more. Section 6(2) Where the office of a member ("a member of the Council of the National Polytechnic;") of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") 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 ("a member of the Council of the National Polytechnic;") . Section 6(3) Notwithstanding the generality of the foregoing, any member ("a member of the Council of the National Polytechnic;") of the Council ("t...

Section 7. Functions of theCouncil. Section 7(1) All documents, made on behalf of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") , other than those required by law to be under seal, and all decisions of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may be signified under the hand of the Chairperson, the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") or any other members of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") generally or specifically authorized by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") in that behalf. Section 7(2) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall ensure that a proper management structure is in place and that the structure maintains corporate integrity, reputation and responsibility of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 7(3) The Council ("the Council of the Taita Taveta Nati...

Section 8. Committees. Section 8(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may set up such committees as may be appropriate to perform any of its functions and responsibilities as it may determine. Section 8(2) Despite subparagraph (1), the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall not delegate its principal mandate to the committees.

Section 9. ThePrincipal. Section 9(1) There shall be a Principal ("the principal of the National Polytechnic appointed under paragraph 9;") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") who shall be appointed by the Cabinet Secretary on the recommendation of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") following a competitive recruitment process. Section 9(2) The Principal ("the principal of the National Polytechnic appointed under paragraph 9;") shall serve for a term of five years, which term may be renewed once. Section 9(3)(a) be the Secretary to the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") ; Section 9(3)(b) be the academic and administrative head of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 9(3)(c) subject to the direction of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") , have overall responsibility of the direction, organization and administration of the programmes of the National Polytechnic ("...

Section 10. Deputy Principals. Section 10(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall appoint one or more Deputy Principals, who shall, under the general direction of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , exercise such powers and perform such duties as may be provided by the statutes. Section 10(2) The Deputy Principal ("the principal of the National Polytechnic appointed under paragraph 9;") shall hold office upon 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.Academic Board. Section 11(1)(a) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , 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 ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 11(1)(f) the Librarian; and Section 11(1)(g) two members elected by the students’ organization of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 11(2) Despite sub paragraph (1)(g), the two members of the students’ organisation shall not attend deliberations of the Academic Board ("the Academic Board of the National Polytechnic established under paragraph 9;") on matters which are considered by the Chairperson of the Academic Board ("the Academic Board of the National Polytechnic established under paragraph 9;") to be confidential and which relate to examinations, the general discipline of students, and other related matters. Section 11(3)(a) the registrars; Sect...

Section 12.Management Board. Section 12(1)(a) the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , who shall be the chairperson; Section 12(1)(b) the Deputy Principal ("the principal of the National Polytechnic appointed under paragraph 9;") in-charge of finance and administration, who shall be the secretary; Section 12(1)(c) the Deputy Principals; Section 12(1)(d) the Registrar in charge of administration; Section 12(1)(e) the finance officer; and Section 12(1)(f) such other member ("a member of the Council of the National Polytechnic;") of the senior management as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may determine. Section 12(2)(a) the efficient management of the human, physical and financial resources of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 12(2)(b) making proposals to the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") and the Academic Board ("the Academic Board of the National Polytechnic established under paragraph 9;") on policies that apply across the entire...

Section 13. Performance of the functions in the absence of an office holder. Section 13(1) In the event of the incapacity of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may appoint one of the Deputy Principals to carry out the functions of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") during the period of incapacity. Section 13(2) In the event of the simultaneous incapacity of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") and the Deputy Principals, the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may appoint any member ("a member of the Council of the National Polytechnic;") of the academic staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") to perform the functions of the principal during the incapacity. Section 13(3) In the event of the incapacity of a member ("a member of the Council of the National...

Section 14. Staff of theNational Polytechnic. Section 14(1) The academic staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall consist of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , the Deputy Principals, the Librarian, and all members of staff ("any staff of the National Polytechnic; and") who are engaged in teaching and research. Section 14(2) The senior management staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall consist of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") , the Deputy Principals, and the Dean of students and Directors of Institutes and such other members of staff ("any staff of the National Polytechnic; and") as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may from time to time determine. Section 14(3) The administrative staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Tait...

Section 15. Meetings of theCouncil. Section 15(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") 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 ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . Section 15(3) The Chairperson shall preside at every meeting of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") at which he is present, but in his absence, the members present may elect one from among their number to preside. Section 15(4) A member ("a member of the Council of the National Polytechnic;") who has a direct or indirect interest in a matter being considered or to be considered by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall, as soon as the relevant facts regarding the matter come to the knowledge of the member ("a member...

Section 16. Quorum. Section The quorum for a meeting of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall be seven members who shall include the five members appointed paragraph 5.

Section 17. Decisions of theCouncil. Section Unless a unanimous decision is reached, a decision on any matter before the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") 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. Rules of procedure. Section Subject to this Order, the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may regulate its own procedure.

Section 19. Financial year. Section The financial year of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be the period of twelve months commencing on the first of July and ending on thirtieth June in the following year.

Section 20. Investment of Funds. Section 20(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may invest any of the funds of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") in securities in which for the time being trustees may, by law, invest trust funds or in any other securities which the Cabinet Secretary for the National Treasury may, from time to time, approve for that purpose. Section 20(2) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") may, subject to the approval of the Cabinet Secretary for the National Treasury, place on deposit with such banks as it may determine, any monies not immediately required for the purposes of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") .

Section 21. Annual estimates. Section 21(1) Before the commencement of a financial year, the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall cause to be prepared estimates of the revenue and expenditure of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") for that year. Section 21(2)(a) the payment of the salaries, allowances, and other charges in respect of the staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; 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 ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 21(2)(c) the proper maintenance of the buildings and grounds of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") ; Section 21(2)(d) the proper maintenance, repair and replacement of equipment and other movable property of the National Polytechnic ("the Taita Taveta Nation...

Section 22. Accounts and audit. Section 22(1) The Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") shall cause to be kept all proper books of accounts of the income, expenditure, and assets and of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . 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 National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") on the last day of that year. Section 22(3) The accounts of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") 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 matters incidental to his powers under this Order, and subsections (3) and (4) of section 29 of the Public Audit Act ( Cap. 412B ) shall, with the necessary modifications, apply to any report made under this paragraph.

Section 23. Common seal of theNational Polytechnic. Section 23(1) The common seal of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be kept in such custody as the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") directs and shall not be used except upon the order of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . Section 23(2) The common seal of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") shall be authenticated by the signature of the Principal ("the principal of the National Polytechnic appointed under paragraph 9;") or of one other member ("a member of the Council of the National Polytechnic;") of staff ("any staff of the National Polytechnic; and") duly authorized by the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") in that behalf, and of a Deputy Principal ("the principal of the National Polytechnic appointed under paragraph 9;") . Section 23(3) The common seal of the National Polytechnic ("the Taita Taveta National Poly...

Section 24. Protection of name. Section 24(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 "Taita Taveta" together with the words " National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") " unless the application for the registration is accompanied by the written consent of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") . Section 24(2) Any person who except with the written consent of the Council ("the Council of the Taita Taveta National Polytechnic constituted under paragraph 5;") , uses the expression word "Taita Taveta" together with either or all the words " National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") " in furtherance of, or as, or in connection with, any advertisement for any trade, business, calling, or profession, commits an offence and shall upon conviction be liable to the penalty prescribed under section 56 of the Act. Section 24(3) This paragraph shall not...

Section 25. Transitional provisions. Section 25(1) All rights, liabilities and assets held by anybody on behalf of the Coast Institute of Technology immediately before the commencement of this Order, shall upon such commencement be automatically and full transferred to the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 25(2) The staff ("any staff of the National Polytechnic; and") of the Coast Institute of Technology existing immediately before the commencement of this Order shall be deemed to be the staff ("any staff of the National Polytechnic; and") of the National Polytechnic ("the Taita Taveta National Polytechnic established under paragraph 3;") . Section 25(3) Every student ("a person registered by the National Polytechnic for the purpose of obtaining a qualification of a programme of study approved by a recognised body") of the Coast Institute of Technology who is pursuing a course at the Institute immediately before the commencement of this Order, shall upon such commencement be allowed to complete the course and be awarded the respective certificate of the National Polytechnic ("the Taita Taveta National Polytechnic...