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


  • The Minister may from time to time from public funds—
    • establish, maintain, assist, make grants-in-aid of or make advances on loan in respect of—
      • schools;
      • establishments or provision for the boarding or feeding of pupils;
      • organizations or establishments responsible for educational development or research, or the promotion or co-ordination of education, or the welfare of students;
      • organizations responsible for the conduct of public examinations;
    • make grants-in-aid to any institution of higher education;
    • provide for the conduct of such public examinations as are held under the supervision or control of the Ministry;
    • make grants-in-aid to local authorities for the purpose of any functions entrusted to them under section 5;
    • provide in whole or in part for the transport of pupils to or from any public school;
    • provide for the medical inspection of pupils;
    • provide scholarships or bursaries to assist in the education, maintenance and transport of pupils who are undergoing, or proceeding to or returning from courses of instruction at an institution approved by the Minister;
    • provide for the reimbursement of the expenses of any body constituted under this Act;
    • provide for, or make grants-in-aid of, educational conferences, exhibitions, displays, dramatic or film presentations, sports or other occasions of an educational character or purpose;
    • make such other provision for the carrying on of education as may be consistent with this Act.
  • Grants-in-aid may be made for either capital or recurrent

5.       Regulations as to use of public funds

The Minister may make regulations prescribing—

  • the conditions upon which grants which may  lawfully  be  made  out of public funds for the maintenance or assistance of schools, organizations or establishments may be made;
  • the fees to be charged or remitted at any school which receives a grant out of public funds, and the liability of parents for the payment of fees;
  • the manner in which scholarships or bursaries may be granted, increased, reduced or withdrawn;
  • the manner in which and the conditions under which grants are made to any institution of higher education;
  • any other matter with respect to public funds relating to the submission of estimates, the maintenance and submission of accounting records, the use to which grants may be applied and the disposal of surpluses and reserve funds.

6.       Offences

Any person who—

  • establishes, manages, maintains or conducts an unaided school which has not been provisionally registered or registered, or whose provisional registration has expired, or which has been removed from the register in accordance with section 16(3) of this Act; or
  • issues a certificate or diploma contrary to section 21 of this Act; or
  • hinders or obstructs any officer of the Ministry acting in the course of his duty as such, or any person exercising any powers, or performing any duties, conferred or imposed by or under this Act,

shall be guilty of an offence and liable to a fine not exceeding five thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

[Act No. 11 of 1970, Sch.]

7.     General power to make regulations

Without prejudice to the other provisions in this Act for the making of regulations for particular purposes, the Minister may make regulations generally for the better carrying out of the purposes of this Act.

8.     Repeal of Cap. 211

Provided that the following Orders made under that Act, namely

  • the Education (Hospital Hill School Governors) Order (Cap. 211, Leg., L.N. 212/1962, L.N. 431/1962, L.N. 180/1965)
  • the Education (Boards of Governors) Order 1964 (Cap. 211, N 353/1964, L.N. 43/1965, L.N. 114/1965, L.N. 204/1965, L.N. 2/1966, L.N. 3/1966, L.N. 111/1966, L.N. 277/1966, L.N. 350/1966, L.N. 52/1967.);
  • the Kenya Polytechnic (Board of Governors) Order 1965 (Cap. 24, Sub-Leg, L.N. 73/1965, L.N. 278/1966)
  • the Mombasa Technical Institute (Board of Governors) Order 1966 (Cap. 24, Sub-Leg, L.N. 84/1967)

shall continue in force as though made under this Act, and accordingly the Boards of Governors established by those Orders shall upon the commencement of this Act—

  • be deemed to have been established and incorporated under section 10 of this Act;
  • hold the same property and be subject to the same obligations as they held or were subject to immediately before such


[Section 4.]


Tenure and Vacation of Office

  1. The members of an advisory council shall hold office for three years, or such lesser period as the Minister may specify in the appointment, and shall be eligible on retirement for re-appointment.
  2. A member of the advisory council may at any time by notice in writing addressed to the Minister resign his office and if a member becomes, in the opinion of the Minister, unfit or unqualified to continue in office, or incapable of performing his duties, the Minister may revoke the appointment of the member and communicate the revocation to him in
  3. The names of persons appointed to be members of an advisory council and the names of persons ceasing to be members of the Council shall be notified in the

Meetings and Proceedings

  1. Subject as hereinafter provided, an advisory council shall regulate its own procedure.
  2. Meetings of an advisory council shall be called by the chairman of the council whenever the Minister so
  3. If the chairman is absent from a meeting of an advisory council, the members present shall elect one of their number to preside at that
  4. The agenda at a meeting of an advisory council shall consist of such matters as the Minister may from time to time refer to the council for consideration by the council and such other matters as the council, with the agreement of the Minister, may receive to
  5. A quorum at any meeting of an advisory council shall be one half of the members of the
  6. A resolution at a meeting of an advisory council shall require the affirmative votes of one half of the members present except the chairman, who shall have a casting vote


  1. The secretary and any other staff of an advisory council shall be public officers appointed for the purpose by the


[Section 21.]


The Government.

Any person issuing a certificate or diploma as a result of an examination for the conduct of which the Government, the Kenya Polytechnic or the Mombasa Technical Institute is responsible.

Any institution of higher education. The Kenya Scouts Association.

The Council of Legal Education. Egerton Agricultural College.

The Girl Guides Association. The Kenya Polytechnic.

The Kenya Red Cross. Pitmans Examinations Institute.

St. John Ambulance Association.