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LAWS OF KENYA
HIGHER EDUCATION LOANS BOARD ACT
CAP. 213
- Published in Kenya Gazette Vol. XCVII—No. 36 on 21 July 1995
- Assented to on 19 July 1995
- Commenced on 21 July 1995
- [Amended by Finance Act, 2005 (Act No. 6 of 2005) on 1 July 2005]
- [Amended by Higher Education Loans Board (Amendment) Act, 2015 (Act No. 32 of 2015) on 2 January 2016]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No. 19 of 2023) on 11 December 2023]
Part 1 – PRELIMINARY
1. Short title
This Act may be cited as the Higher Education Loans Board Act.2. Interpretation
In this Act, unless the context otherwise requires—"Board" means the Higher Education Loans Management Board established by section 3 of this Act;"Commission for Higher Education" means the Commission established by section 3 of the Universities Act;"eligible person" means any person, who being a Kenyan citizen, has attained minimum entry requirements and has been admitted to a recognized institution of higher education to a full time course of at least one year's duration;"Fund" means the Higher Education Loans Fund established by section 11 of this Act;"Higher education" means any course of education offered by an institution above the standard of Kenya Certificate of Secondary Education or any equivalent certificate approved by the Board;"Loanee" means any person granted an education loan either under the Higher Education Loans Fund Act, 1952 (Repealed) or any person granted an education loan by the Ministry of Education from 1974 through the National Bank of Kenya or any person granted an education loan by the Ministry of Education through the National Bank of Kenya and the Kenya Commercial Bank from 1989 until commencement of this Act, or any person granted an education loan by the Board under this Act;"Secretary" means the Secretary to the Board appointed under section 5 of this Act;"student" means any Kenyan citizen admitted and pursuing higher education with financial assistance from the Board.Part II – ESTABLISHMENT AND FUNCTIONS OF THE BOARD
3. Establishment of the Board
4. Constitution of the Board
5. Secretary to the Board
6. Functions of the Board
The functions of the Board shall be—7. Committees of the Board
8. Delegation of powers
9. Officers and agents of the Board
The Board may by a resolution either generally or in any particular case delegate to any member, officer, employee or agent of the Board the exercise of any of the powers or the performance of any of the functions or duties of the Board as authorized by this Act.10. Meetings of the Board
Part III – ESTABLISHMENT AND ADMINISTRATION OF THE FUND
11. Establishment of the Fund
12. Revenue and Expenditure of the Fund
13. Administration of the Fund
14. Conditions for grant of loan
15. Obligations of the Loanees
16. Responsibilities of an employer
16A. Responsibility of Kenya Revenue Authority
Subject to section 125(3) of the Income Tax Act (Cap. 470), the Kenya Revenue Authority shall, at the request of the Board, furnish it with the name and address of a borrower or the employer of a borrower, if such information is known to the Authority.[Act No. 6 of 2005, s. 42.]17. Penalties for delayed remittance
18. Annual returns
On the last day of each calendar year the Board returns, shall send to all loanees an annual return form which every loanee shall be required to fill and submit to the Board before the end of the month of February of the succeeding year.19. Loan deductions
In making its deduction for loan recovery, the Board shall not deduct more than one quarter of the loanee's basic monthly salary.20. General provisions
21. Board's discretion to waive loans
Notwithstanding the provisions of this Act, in any case where the Board is of the opinion that a loanee should be exempt from repaying his loan by reason of—Part IV – OFFICERS OF THE BOARD
22. Officers of the Board
The Board shall employ such officers, inspectors and servants as shall be necessary for the performance of their functions under this Act and shall pay out of the Fund to such officers and servants such salaries and allowances as the Board may from time to time determine.23. Inspectors of the Board
24. Powers of inspector to prosecute.
An inspector appointed under section 22 or any other person authorized by the Board in writing, may, subject to the general or special directions of the Director of Public Prosecutions, prosecute in any court for all offences under this Act and for that purpose have all the powers conferred on a public prosecutor by the Criminal Procedure Code.[Act No. 19 of 2023, Sch.]Part V – LEGAL PROCEEDINGS
25. General provisions as to offences
Proceedings for an offence under this Act may, notwithstanding anything in any law to the contrary, be commenced at any time within the period of twelve months from the date on which evidence sufficient in the opinion of the Board to justify a prosecution for the offence comes to the knowledge of the Board.26. Court order on repayments
27. Evidence
In any proceedings under this Act, a copy of any entry in the accounts of or any extract from the records or register of the Board shall, if stated to be a true copy by a certificate purporting to be signed by the Secretary or a person authorized on his behalf by him, be received in evidence as prima facie evidence of the truth of the contents thereof.Part VI – FINANCIAL PROVISIONS
28. Financial Year of the Board
The financial year of the Board shall be the period of twelve months commencing on the 1st of July and ending on the 30th day of June of the following year.29. Annual Estimates
30. Books of accounts and audits
31. Annual report of the Board
The Board shall, within three months after the end of each financial year, prepare a report on the operation of the Fund during that financial year and shall transmit such report to the Cabinet Secretary who shall cause it to be presented to the National Assembly together with the report of the Auditor-General and certified copies of the accounts referred to in section 30.Part VII – MISCELLANEOUS PROVISIONS
32. Secrecy, offences and penalties
33. Protection from personal liability
No matter or thing done by the Chairperson or any member of the Board or any officer, employee or agent of the Board shall, if the matter or thing is done bona fide for the purpose of executing any provision of this Act, render the Chairperson, member, officer, employee or agent or any person acting on their directions personally liable to any action, claim or demand whatsoever.34. Liability of he Board for damages
The provisions of this Act shall not relieve the Board of the liability to pay compensation or damages to any person for any injury to him, his property or any of his interest caused by the exercise of any power conferred by this Act or by the failure, whether wholly or partially of the exercise of such powers.35. Powers of Cabinet Secretary to exempt
The Cabinet Secretary may by notice in the Gazette exempt any class of persons from all or any of the provisions of this Act, where in his opinion it is expedient in the public interest to do so.36. Act to apply to Government employees
37. Regulations
The Cabinet Secretary may make regulations generally for the better carrying out the provisions of this Act, and without prejudice to the foregoing, the Cabinet Secretary may make regulations in respect of the following—38. [Spent]
Part VIII – TRANSITIONAL PROVISIONS
39. [Spent]
40. [Spent]
History of this document
11 December 2023 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
02 January 2016
01 July 2005
Amended by
Finance Act, 2005
21 July 1995
Commenced
19 July 1995
Assented to
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