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The Industrial Training (Trade Testing) Rules

Legal Notice 251 of 1977

Repealed
This Legal Notice was repealed on 2021-07-02 by The Industrial Training (Trade Testing) Rules.
This is the version of this Legal Notice as it was when it was repealed.
The Industrial Training (Trade Testing) Rules
Citation
Legal Notice 251 of 1977
Primary work
Industrial Training Act
Date
Language
English
Type
Legal Notice
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LAWS OF KENYA

INDUSTRIAL TRAINING ACT

THE INDUSTRIAL TRAINING (TRADE TESTING) RULES

LEGAL NOTICE 251 OF 1977

  • Published in Kenya Gazette Vol. LXXIX—No. 39 on 23 September 1977
  • Commenced on 23 September 1977
  1. [Amended by Industrial Training (Trade Testing) (Amendment) Rules, 1982 (Legal Notice 74 of 1982) on 4 June 1982]
  2. [Amended by Industrial Training (Trade Testing) (Amendment) Rules, 1998 (Legal Notice 168 of 1998) on 31 December 1998]
  3. [Amended by Industrial Training (Trade Testing) (Amendment) Rules, 2005 (Legal Notice 19 of 2005) on 1 April 2005]
  4. [Amended by Industrial Training (Trade Testing) (Amendment) Rules, 2011 (Legal Notice 24 of 2011) on 25 March 2011]
  5. [Amended by Industrial Training (Trade Testing) (Amendment) Rules, 2016 (Legal Notice 25 of 2016) on 11 March 2016]
  6. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
  7. [Revoked by The Industrial Training (Trade Testing) Rules (Legal Notice 100 of 2021) on 2 July 2021]

1. Citation

These Rules may be cited as the Industrial Training (Trade Testing) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires, "trade test" means a test approved by the Cabinet Secretary under rule 3 of these Rules.

3. Approval of and conditions for trade tests

(1)The Cabinet Secretary may, by notice in the Gazette, approve such tests as he may, with the advice of the Council, deem necessary for the purpose of assessing the occupational skills of persons (other than apprentices and indentured learners) in any particular trade or occupation, or trades and occupations generally.
(2)Any tests approved by the Cabinet Secretary under paragragh (1) of this rule, shall be in the form and subject to the conditions prescribed by the Director and approved by the Cabinet Secretary.

4. Application for a trade test

(1)Any person wishing to undergo a trade test shall submit his name for that purpose, together with his Identity Card number or registration number and two recent passport size photographs, through his employer or association of employers, or if self-employed or un-employed direct, to the Director not less than four months before the date, which shall be notified, on which the trade test is due to take place:Provided that the Director may, in his discretion, reject an application by any person who has failed to complete the period of service specified in a contract of apprenticeship or indentured learnership by which he was bound.
(2)Notwithstanding the provisions of paragraph (1) of this rule any person may apply to undergo a trade test in more than one trade or occupation if he has the necessary skills and qualifications; except that Director may, in his discretion, allow or reject such application.
(3)An application for a trade test under paragraph (1) of this rule shall be in the form set out in the First Schedule to these Rules.

5. Information as to previous trade tests

(1)In forwarding an application for a trade test, the employer or association of employers, or if self-employed or unemployed, the applicant, shall specify any previous trade test or tests passed by the employee or by him declaring the date or dates of passing and the qualifications obtained.
(2)The employee or any other applicant shall, if required to do so, furnish proof that he has passed the test or tests referred to in paragraph (1) of this rule.

6. Fees for trade tests

(1)Every person who applies to undergo a trade test in a grade specified in the first column of the Second Schedule to these Rules shall pay the fees prescribed in respect thereof in the second column of that Schedule.
(2)On a request for a further trade test under rule 15 of these Rules, the Director may direct that the fee payable on application shall be paid by the person or association making the request.
(3)Where the application for a trade test is sent by post, the fees shall be remitted by a crossed postal order or money order drawn in favour of the Ministry of Labour.

7. Tools for trade test

Any person who applies to undergo a trade test under these Rules shall provide himself with the necessary tools required for such trade test.

8. Issue of Certificate

(1)The Director, on being satisfied that an applicant reached the standard required to qualify in a trade test and that he has paid the necessary fees as specified in the Second Schedule to these Rules, shall issue to such applicant the National Trade Certificate of Proficiency.
(2)The certificate issued under this rule shall be in the form approved by the Director, and shall show the name and registration number (or Identity Card number in case of male applicants) of the applicant, together with a photograph of the applicant furnished by him under rule 4 of these Rules, and particulars of the tests undertaken and the standard achieved.
(3)A certificate issued under this rule shall be signed by the Director and by the officer appointed by him to examine the applicant in the trade test in respect of which it is issued.
(4)The Director shall cause to be kept together with the registers kept under rule 9 of these Rules a copy of the certificate issued under this rule.

9. Register of Certificates

The certificates issued under rule 8 of these Rules, shall be numbered serially, and the Director shall cause a register to be kept, in which shall be entered the number of such certificates, the names of the persons to whom they have been issued and any other particulars he may deem necessary.

10. Evaluation of trade tests

(1)A person's degree of proficiency shall be determined with due regard to the following—
(a)the kind of safety required in carrying out the trade or occupation;
(b)operational procedures;
(c)dimensional control and accuracy;
(d)quality finish and assembly;
(e)skill in handling and selecting tools;
(f)speed and time taken to complete the test.
(2)Evaluation of the test piece shall be carried out during and on completion of the trade test.

11. Notification of trade test results

Every person who undergoes a trade test under these Rules shall be notified as soon as reasonably practicable, and by registered post, the results of his trade test, and such notification shall indicate—
(i)the percentage marks and ratings obtained in the tests;
(ii)the reasons why a person who was unsuccessful failed his test; and
(iii)the place and manner of obtaining the certificate to be issued in accordance with the provisions of rule 8 of these Rules.

12. Marks and ratings for trade tests

(1)There shall be a total of one hundred total marks for each trade test held under these Rules, which shall consist of seventy marks for practical test and thirty marks for oral and written test respectively; and the pass mark shall be not less than an aggregate of sixty per cent.
(2)The following marks and ratings shall be awarded to the person undergoing a trade test under these Rules according to the degree of proficiency achieved by him—
RatingPercentage
 (Aggregate Marks)
(a) First Class Pass86–100 percent
(b) Ordinary Pass60–85 percent
(c) Fail59% and below

13. Repetition of a trade test

Any person who fails a trade test shall not undergo a second trade test until after six months from the date he underwent the first trade test.

14. Loss of certificate

(1)Any person issued with a certificate under these Rules who loses such a certificate shall notify the Director, within two months from the date he first discovered the loss, of the fact that he has lost the certificate.
(2)A notification under paragraph (1) of this rule shall state the date on which the trade test in respect of which the lost certificate was issued was held, the date of its issue and the serial number of such certificate.
(3)The Director may, on receipt of a notification under this rule and after making such inquiry as he deems necessary, issue or refuse to issue a certified copy of the original certificate to the person making the notification.

15. Further trade tests

(1)If, in the opinion of an employer or association of employers or employees recognized for the purpose by the Director, any person to whom a certificate has been granted under these Rules no longer possesses the standard of ability, skill or competence required for the grant of such certificate, a request may be made to the Director that such person be required to undergo a further trade test of the standard applicable to such certificate.
(2)The Director may, after making such inquiry as he considers necessary, require the person to whom this rule applies to undergo such trade test, which shall take place not later than three months after the request was originally made.

16. Surrender of certificates

The Director may require any person to whom a certificate has been issued under these Rules to surrender such certificate on the grounds that the holder has failed to qualify in a trade test held in accordance with the provisions of rule 15 of these Rules, or that the holder has been guilty of such conduct in connection with his trade or occupation as renders it undesirable that he should continue to hold such certificate or for any other sufficient reason.

17. Offences and penalties

Any person who knowingly and without authority—
(a)possesses any certificate to which he is not entitled under these Rules;
(b)being entitled under these Rules to the possession of a certificate parts with such possession to a person not so entitled; or
(c)alters or defaces a certificate issued under these Rules or makes a facsimile of such certificate with intent to deceive or defraud; or
(d)fails to produce or surrender a certificate issued under these Rules without good and sufficient cause;
shall be guilty of an offence and liable to a fine of one thousand shillings or to imprisonment for six months or to both such fine and imprisonment.

18. Appeals

(1)The Cabinet Secretary shall, by notice in the Gazette, appoint a tribunal consisting of five members for the purposes of deciding an appeal made under paragraph (3) of this rule.
(2)Three members of the tribunal shall form a quorum.
(3)Any person who feels aggrieved by an order or decision of the Director made under any of these Rules may, within fourteen days of such order or decision, appeal in writing to the Cabinet Secretary who shall as soon as reasonably practicable convene the tribunal appointed under paragraph (1) of this rule for the purpose of hearing and detemining such appeal.
(4)The appeal shall be in the form of a memorandum and shall set out the decision of the Director appealed against, the date of the decision, and the grounds of appeal.
(5)Any decision of the tribunal under this rule shall be final and conclusive and no appeal shall lie therefrom to any Court.

FIRST SCHEDULE [r. 4]

FORMS

Republic of Kenya
Form G.P. 61
[L.N. 74/1982, r. 2(b).]
To: THE DIRECTOR,NATIONAL INDUSTRIAL VOCATIONAL TRAINING SCHEMEMINISTRY OF LABOURP.O. Box 40540, NAIROBI
APPLICATION FOR TRADE TEST
*1.FULL NAME OF APPLICANT ___________________________________(in BLOCK LETTERS, as stated on Identity Card)
*2.REGISTRATION NUMBER ___________________________________(as stated on Identity Card)
*3.DECLARED NATIONAL STATUS ____________________________
4.NATURE OF TEST REQUIRED—Trade ___________________ Grade ___________________
5.IS TEST REQUIRED FOR IMMIGRATION PURPOSES?__________________________________________(Answer "Yes" or "No")
6.PREVIOUS GOVERNMENT TRADE TESTS TAKEN (if any)—Trade __________________________ If failed state Application No.Grade _________________ of last trade test ___________________Certificate No. ________________________
7.DETAILS OF ANY APPRENTICESHIP SERVED _________________________________________________________________
8.PRESENT EMPLOYER—Name __________________________________________P.O. Box No. _____________________________________Situation of Premises ____________________________
9.‡APPLICANT'S ADDRESS FOR CORRESPONDENCE (if different from that of employer)
10.I enclose two photographs (head and shoulders), size 2" x 2", with my name (in BLOCK LETTERS) on reverse.
11.‡I enclose Sh. ___________________________ in payment of fee.Signed _____________________________________________Date ________________________________________________NOTES:
*(a)The particulars given against items 1 to 3 MUST be as they appear on applicant's Identity Card.
(b)Care must be taken to fill in ALL information required; incomplete forms will not be accepted.
(c)ʈAny change of address should be notified to the Director of Industrial Training without delay.
(d)Any applicant failing to report for a trade test after a reasonable call-up notice will be required to repay the fee payable for the trade test.
(e)‡The prescribed fees for trade tests are as follows:—Artisan Grade III .. .. .. .. Sh. 100Artisan Grade II .. .. .. .. . Sh. 200Artisan Grade I .. .. .. .. .. Sh. 300If this application is sent by post the fee must be sent in the form of a crossed Postal or Money Order drawn in favour of the Ministry of Labour._______________________________________________________FOR OFFICIAL USE ONLYOffice of origin __________________________Miscellaneous Receipt No. _____________ Application No. _____________Date __________________ Entered (Date) __________________

SECOND SCHEDULE [r. 6]

TRADE TESTING FEES

[L.N. 74/1982, r. 2(a), L.N. 168/1998, r. 2, L.N. 19/2005, r. 2, L.N. 24/2011, r. 2, L.N. 25/2016, r. 2.]
GRADE OF TRADE TESTAPPLICATION FEES (KSh.)
Artisan Grade III5,000
Artisan Grade II6,000
Artisan Grade I7,500
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