EDUCATION ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY, PART 3

PART VII – THE KENYA INSTITUTE OF EDUCATION

4.       Establishment of Kenya Institute of Education

  • There is hereby established the Kenya Institute of Education with responsibility for the co-ordination of institutions devoted to the training of teachers, the conduct of examinations to enable persons to become qualified teachers, the conduct and promotion of educational research, the preparation of educational materials and other matters connected with the training of teachers and the development of education and
  • The Minister may, by order, prescribe—
    • the duties, powers and functions of the Institute;
    • the manner in which the Institute shall be managed and controlled by a Council including persons representing the Minister, the University of Nairobi and the maintained training colleges of Kenya;
    • the constitution, duties, powers and functions of an Academic Board responsible to the Council for the academic management of the Institute;
    • that the movable and immovable property of the Institute may be vested in the Public Trustee and the manner in which they shall be so vested; and
    • any other matters with respect to the conduct and management of the Institute which the Minister considers it necessary or desirable to provide for.

PART VIII – MISCELLANEOUS

5.     Area to be served by public school

The Minister may, at the request of any local authority or otherwise, by notice in the Gazette, prescribe the area to be served by a public school.

6.       Medical examination

The Minister, or the manager of a school, may require any person attending the school, or applying for admission to the school, to undergo medical examination by a medical practitioner.

7.     Religious instruction in public schools

  • If the parent of a pupil at a public school requests that the pupil be wholly or partly excused from attending religious worship, or religious worship and religious instruction, in the school, the pupil shall be excused such attendance until the request is
  • Where the parent of a pupil at a public school wishes the pupil to attend religious worship or religious instruction of a kind which is not provided in the school, the school shall provide such facilities as may be practicable for the pupil to receive religious instruction and attend religious worship of the kind desired by the

8.       Minister may give directions

  • Where the Minister is satisfied, upon complaint made by any person or otherwise, that a local authority, or the Board of Governors or manager of any school, or a sponsor, or the Institute, or the Teachers Service Commission, has acted or is proposing to act unreasonably or in contravention of the policy of the Government with respect to education as approved from time to time in Parliament, in the exercise of any functions entrusted to it by or under this Act, or the Teachers Service Commission Act (Cap. 212), he may give such directions as to the exercise of such functions as appear to him
  • Where the Minister is satisfied that a local authority, or the Board of Governors or manager of any school, or the Institute, or the Teachers Service Commission established as aforesaid, has failed to discharge any duty imposed upon it by, or for the purposes of, this Act, or the Teachers Service Commission Act (Cap. 212), he may give such directions as may be necessary for securing compliance with this Act or the Teachers Service Commission Act (Cap. 212):

Provided that, where the estimates of expenditure to be incurred by any local authority in the performance of any function entrusted to it under section 5 are subject to the approval of the Minister for the time being responsible for Local Government under Part XV of the Local Government Act (Cap. 265), any direction given under this subsection to a local authority shall be subject to the agreement of the Minister for the time being responsible for Local Government.

PART VIIIA – DISTRICT EDUCATION BOARDS

9.       Establishment of Boards

  • The Minister may, by notice in the Gazette, establish a District Education Board (in this Part referred to as a Board) for any district or for such other area or areas as may be specified in the
  • A notice under this section shall specify the classification or types of schools, or groups of schools, in respect of which the Board concerned shall have jurisdiction within the area for which it is

[Act No. 17 of 1971, s. 2.]

10.    Memberships of Boards

  • Each Board shall consist of not less than ten nor more than fifteen members appointed by the Minister, of whom—
    • one shall be the Provincial Education Officer of the Province or his representative;
    • one shall be the clerk to the council of the local authority for the area of jurisdiction of the Board or, where there is more than one such local authority, the clerk to the council of such one of them as the Minister may direct;
  • three shall be nominated by the local authority for the area of jurisdiction of the Board or, where there is more than one such local authority, by such of them, in such proportions, as the Minister may direct;
  • three shall be nominated by the managers or sponsors of the schools or groups of schools in respect of which the Board has jurisdiction;
  • one shall be nominated by any registered, trade union recognized by the Minister as representing the interests of teachers;
  • not more than six shall be appointed by the Minister to represent other interests.
  • The Minister shall appoint one member of a Board to be chairman, and the District Education Officer to be the secretary and executive officer, of the
  • A member of a Board-shall hold office for a period of three years from the date of his appointment unless earlier—
    • he dies;
    • he resigns his office by writing under his hand addressed to the Minister;
    • the Minister revokes his appointment,

but at the expiration of his period of office a member shall be eligible for reappointment.

  • Where the office of a member of a Board becomes vacant by reason other than the expiry of the period of such office, the Minister may, in accordance with subsection (1), appoint a person in place of such member who shall hold office for the remainder of the period of office of the member he

[Act No. 17 of 1971, s. 2.]

11.    Procedure of Boards

  • A Board shall meet at least three times in every year, and the chairman:’ may, and shall at the written request: of not less than six members of the Board, at any time summon a special meeting of the Board, and in the case of such request the meeting shall be held within six weeks of the receipt of the request by the
  • The Permanent Secretary of the Ministry of Education, or his representative, and the Provincial Commissioner, or his representative, any member of the National Assembly duly elected to represent the constituents of an area within the jurisdiction of the Board, and any person invited by the chairman, may be present at any meeting of a Board and take part in the proceedings but shall not be entitled to vote on any
  • Subject to this section and save as otherwise may be prescribed, a Board shall regulate its own

[Act No. 17 of 1971, s. 2.]

12.    Functions of Boards

The functions of a Board, in respect of the area and the schools under its jurisdiction, shall be—

  • to prepare and to submit to the Minister for approval estimates of revenue and expenditure;
  • to receive grants or grants-in-aid from public or local authority funds;
  • to administer such grants or grants-in-aid in respect of such schools in accordance with the approved estimates of expenditure;
  • to submit to the Minister for approval plans for the development or promotion of education in the area and to carry out such plans if approved;
  • to tender advice to the Minister on the establishment of new schools;
  • to submit such statistical, financial and other reports as the Minister may require;
  • to superintend the management of public schools;
  • to fulfil such other functions as the Minister may prescribe.

[Act No. 17 of 1971, s. 2.]

13.    Financial provisions

  • Every Board shall cause to be kept all proper books of account, and other records relating thereto, in respect of all its funds, property and transactions, and shall prepare such accounts, in such form, as the Minister may
  • The Minister shall appoint the Controller and Auditor-General or some other auditor to inspect, examine and report to the Board on the annual accounts and financial records of a Board:

Provided that the Controller and Auditor-General shall not be so appointed without his consent.

  • A Board shall cause to be produced and laid before the auditor all books and accounts of the Board and all other documents and information required by the auditor in order to carry out the
  • On receipt of a report by the auditor, the secretary of a Board shall—
    • within three weeks of such receipt, transmit a copy of the report and of the accounts certified by the auditor to the Minister;
    • submit such report and accounts to the Board at its next meeting, which shall be held not later than three months after such receipt, and the secretary shall, within three weeks of such meeting, forward to the Minister a copy of the resolution of the Board accepting and adopting the accounts.
  • The expenses of and incidental to an audit shall be paid by the Board, and where the accounts require to be completed by the auditor the audit fee may take account of the extra work occasioned

[Act No. 17 of 1971, s. 2.]

14.    Regulations

The Minister may make regulations—

  • prescribing the powers and duties of Boards regarding the manner of establishment of new schools or groups of schools;
  • prescribing the manner and form in which records and statistics shall be kept by Boards and the manner in which returns shall be rendered and recommendations made;
  • regulating the procedure of Boards;
  • prescribing the manner and form in which development plans shall be drawn up and submitted;
  • prescribing anything required to be prescribed for the purposes of this Part.