The Basic Education (Education Standards and Quality Assurance Council) Regulations

Section 1. Citation Section These Regulations may be cited as the Basic Education (Education Standards and Quality Assurance Council) Regulations.

Section 2. Interpretation Section a person in a particular skill or subject area; or

Section 3. Object of the Regulation Section The object of these Regulations is to establish and provide for the operations of the Education Standards and Quality Assurance Council .

Section 4. Establishment of theCouncil Section 4(1) There is established the Council known as Education Standards and Quality Assurance Council . Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, borrowing, holding, charging or disposing of movable and immovable property; Section 4(2)(c) borrowing money or making investments; and Section 4(2)(d) doing or performing all such things or acts necessary for proper performance of its functions under these Regulations which may be lawfully performed by a body corporate. Section 4(3) The Council shall be the successor to the Directorate of Quality Assurance and Standards existing immediately before the commencement of these Regulations. Section 4(4) The headquarters of the Council shall be in Nairobi with the functions devolved to the Counties and Wards.

Section 5. Functions of the Council Section establish, maintain and improve institution-based quality assurance;

Section 6. Composition of theCouncil Section 6(1)(a) a chairperson appointed by the Cabinet Secretary; Section 6(1)(b) a Chief Executive Officer appointed by the Cabinet Secretary who shall be the Secretary to the Council ; Section 6(1)(c) the Principal Secretary of the Ministry responsible for matters relating to Basic Education or representative; Section 6(1)(d) the Director of the Kenya Institute of Curriculum Development; Section 6(1)(e) the Secretary of the Teachers Service Commission; Section 6(1)(f) the Secretary of the Kenya National Examination Council ; Section 6(1)(g) the Secretary of the Commission for University Education; Section 6(1)(h) not more than six other members, three of whom shall be of the opposite gender not being employees of Ministry of Education, appointed by the Cabinet Secretary in Consultation with the Board, each to represent— Section 6(1)(i) the teacher training institutions; Section 6(1)(i)(i) the teacher training institutions; Section 6(1)(i)(ii) the interest of Adult and Continuing Education; Section 6(1)(i)(iii) Parents Association; Section 6(1)(i)(iv) primary and secondary heads association; and Section 6(1)(i)(v) the office of the Attorney-Gen...

Section 7. Appointment of the Chairperson Section holds a master's degree in education from a recognized university;

Section 8. Appointment of Members of the Council Section 8(1)(a) has a degree from a university recognised in Kenya; Section 8(1)(b) has at least ten years' experience in a senior position in the public service or a practitioner in a relevant profession or industry; and Section 8(1)(c) meets the requirements of Chapter Six of the Constitution. Section 8(2)(a) is state officer; Section 8(2)(b) is declared to be of unsound mind; Section 8(2)(c) is an undischarged bankrupt; or Section 8(2)(d) found to have misused, abused a state office or public office or in any way contravened Chapter six of the Constitution satisfies the requirements of Chapter Six of the Constitution. Section 8(3) In making appointments under this part, the Cabinet Secretary shall apply the procedure set out in the First Schedule.

Section 9. Term of office of Chairperson and member of theCouncil Section The Chairperson and members of the Council shall hold office for a term of four years and shall be eligible for reappointment for one further term.

Section 10. Vacation of office of the Chairperson or members of theCouncil Section resigns from office by notice in writing to the Cabinet Secretary;

Section 11. Powers of theCouncil Section manage, supervise and administer the assets of Council in such manner as best promotes the purpose for which it is established;

Section 12.Council Secretaryto be responsible for day to day affairs of theCouncil Section The Council Secretary shall be responsible for the day-to-day activities of the Council and shall report to the governing Council .

Section 13. Constituting Committees and delegation of powers of theCouncil Section constitute such committees as it may consider necessary for the better performance of the functions of the Council ; and

Section 14. Remuneration ofCouncilmembers Section The members of Council shall be paid such remuneration or allowances as may be determined by the Salaries and Remuneration Commission.

Section 15. Employment of staff and engagement of consultants Section The Council may employ such staff or engage such consultants or experts or approve such secondment to the Council as may be necessary for the proper performance of its functions, on such terms and conditions as may be approved by the Cabinet Secretary in consultation with the Public Service Commission and the Salaries and Remuneration Commission.

Section 16. Deployment of staff to County and sub-county offices Section The Council shall establish offices in each County and shall deploy its staff to the County and sub-County offices.

Section 17. Appointment of the Chief Executive Officer Section 17(1) There shall be a Chief Executive Officer of the Council who shall be appointed by the Council through a competitive, fair and open recruitment process. Section 17(2)(a) is a citizen of Kenya; Section 17(2)(b) holds at least a postgraduate degree in education or its equivalent from a university recognized in Kenya; Section 17(2)(c) has at least ten years' experience at management level in matters related to education; and Section 17(2)(d) meets the requirements of Chapter Six of the Constitution.

Section 18. Terms of office of the Chief Executive Officer Section The Chief Executive Officer shall hold office for a period of five years and shall be eligible for re-appointment for one further term.

Section 19. Removal of the Chief Executive Officer Section 19(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 19(1)(b) gross misconduct or misbehavior; Section 19(1)(c) incompetence or neglect of duty; Section 19(1)(d) a conviction in a court of competent jurisdiction for an offence in contravention of the tenets of Chapter Six of the Constitution; or Section 19(1)(e) any other ground that would justify removal from office under the terms and conditions of service. Section 19(2) The Chief Executive Officer shall, before being removed from office, be given not less than thirty days' notice of the allegations made against him or her and shall be afforded an opportunity to present his or her defence against the allegations to the Council .

Section 20. Terms of office ofCouncilmembers Section The Chairperson and a person appointed as member of the Council shall serve for a term of four years and shall be eligible for re-appointment for one further final term.

Section 21. Filling a vacancy Section Where a vacancy occurs in the membership of the Council , the Cabinet Secretary shall, within fourteen days of the notification of the vacancy, convene a selection panel in accordance with the First Schedule for the purpose of selecting a suitable person to fill the vacancy.

Section 22. Committees of theCouncil Section 22(1) The Council may establish such committees as it may consider appropriate to perform such functions and discharge such responsibilities as it may determine. Section 22(2) The Council Secretary shall provide secretariat services to the Committees appointed. Section 22(3)(a) the Quality Assurance and Standards Committee; Section 22(3)(b) the Finance Committee; Section 22(3)(c) the Audit Committee; Section 22(3)(d) the Human Resource and Integrity Committee; and Section 22(3)(e) the Procurement Committee.

Section 23. Quality Assurances and Standards Committee Section 23(1)(a) the Principal Secretary who shall be the Chairperson; and Section 23(1)(b) the Director General of Education; Section 23(1)(b)(i) the Director General of Education; Section 23(1)(b)(ii) the Kenya National Examination Council ; Section 23(1)(b)(iii) the Kenya Institute of Curriculum Development; Section 23(1)(b)(iv) the Commission for University Education; Section 23(1)(b)(v) the Teachers Service Commission; and Section 23(1)(b)(vi) the interest of persons with disabilities. Section 23(2)(a) keep under constant review the quality and standards of education in Basic Education and training; and Section 23(2)(b) oversee the quality of education programme in Basic Education. Section 23(3) The Quality Assurance and Standards Committee may establish its own rules of procedure and shall submit the proceedings of its meetings to the Council for approval.

Section 24. Procedures of theCouncil Section 24(1) The business and affairs of the Council shall be conducted in accordance with the Second Schedule. Section 24(2) Except as provided in the second schedule, the Council may regulate the procedures of its meetings as it may consider necessary for the performance of the functions of the Council .

Section 25. Funds of theCouncil Section such sums as may be provided by Parliament;

Section 26. Financial Year Section The financial year of the Council shall be the period of twelve months ending on the thirtieth day of June in each year.

Section 27. Annual Estimates Section 27(1) At least three months before the commencement of each financial year, the Council shall cause to be prepared estimates of the revenue and expenditure of the Council for that year. Section 27(2)(a) the payment of salaries, allowances and other charges in respect of the staff of the Council ; Section 27(2)(b) the payment of pensions, gratuities and other charges in respect of the staff of the Council ; and Section 27(2)(c) the proper maintenance of the buildings and grounds of the Council . Section 27(3) The annual estimates shall be approved by the Council before the commencement of the financial year to which they relate and shall be submitted to the Cabinet Secretary for approval.

Section 28. Book of Accounts and Audits Section 28(1) The Council shall cause to be kept proper books of accounts of all the income and expenditure, assets and liabilities undertakings, funds, activities, contracts, transactions and other business of the Council . Section 28(2) The Council shall ensure that all money received is properly brought to account, all payments out of its funds are correctly made and properly authorised and that adequate control is maintained over its assets and liabilities. Section 28(3) The accounts of the Council shall be audited in accordance with the Public Audit Act , 2003 (No. 12 of 2003).

Section 29. Investment of Funds Section 29(1) The Council may invest any of its funds in any securities which the Cabinet Secretary may, from to time, approve for that purpose. Section 29(2) The Council may, subject to the approval of Cabinet Secretary, place on deposit with such bank or banks as the Council may determine, any monies not immediately required for the purposes of the Council . Section 29(3) Any balance of grant may be carried forward in the accounts of the Council from one year to next and be expended as the Council may determine, or be put into a reserve account of the Council .

Section 30. Common Seal Section 30(1) The common seal of the Council shall be kept in such custody as the Council may direct and shall not be used except in the manner authorized by the Council . Section 30(2)(a) where they are required to be under seal, if sealed with the common seal of the Council and authenticated by the Chairperson and the Secretary; or Section 30(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 30(3) A deed, instrument, contract or other document executed in accordance with subparagraph (2) shall be effective in law to bind the Council and its successors and may be varied or discharged in the same manner as that in which it was executed.

Section 31. Remuneration ofCouncilmembers Section The members of Council shall be paid such remuneration or allowances as the Council may, with the approval of the Cabinet Secretary, determine and shall be entitled to travelling and other allowances in connection with the work of the Council .

Section 32. Protection from personal liability Section 32(1) Nothing done by a member of the Council or any officer, employee or agent of the Council shall, if it is done bona fide in execution of the functions, powers or duties of the Council , render the member, officer, employee or agent or any person acting on the directions of the Council personally liable to any action, claim or demand whatsoever. Section 32(2) Any expenses incurred by any person in any suit or prosecution brought against him or her in any court, in respect of any act which is done or purported to be done by him or her under the direction of the Council , shall, if the court holds that such act was done bona fide , be paid out of the general funds of the Council , unless such expenses are recovered by him or her in such suit or prosecution.

Section 33. Staff of theCouncil Section Any person who is a member of staff or officer, of the former Directorate of Quality Assurance and Standards, immediately before the date of commencement of these Regulations shall on the date of commencement, automatically become a member of staff or officer of the Council under the terms of Service of the Council as provided for in the appointment of staff under these Regulations.

Section 34. Assets and Records Section Any asset and records of the former Directorate of Quality Assurance and Standards shall on the date of commencement of these Regulations become the property of the Council .