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Kenya Institute of Education Order

Legal Notice 120 of 2010

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Kenya Institute of Education Order
Citation
Legal Notice 120 of 2010
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State Corporations Act
Date
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English
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Legal Notice
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LAWS OF KENYA

STATE CORPORATIONS ACT

KENYA INSTITUTE OF EDUCATION ORDER

LEGAL NOTICE 120 OF 2010

  • Published in Kenya Gazette Vol. CXII—No. 79 on 13 August 2010
  • Commenced on 13 August 2010
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

This Order may be cited as the Kenya Institute of Education Order.

2. Interpretation

In this Order, except where the context otherwise requires—"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to Education;"Council" means the Council of the Institute established under paragraph 6;"member" means a member of the Council;"Institute" means the Kenya Institute of Education established under paragraph 3;"Director" means the Director of the Institute appointed under paragraph 10;"Staff" means the staff of the Institute;"curriculum" means all the programmes of the Institute that facilitate formal, non-formal and informal learning.

Part II – ESTABLISHMENT AND FUNCTIONS OF THE INSTITUTE

3. Establishment of Kenya Institute of Education

(1)There is hereby established an Institute to be known as the Kenya Institute of Education, which shall be a body corporate with perpetual succession and a common seal, and which shall in its corporate name, be capable of—
(a)suing and being sued;
(b)taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; and
(c)doing or performing all such other things or acts necessary for the proper performance of its functions which may lawfully be done by a body corporate.
(2)The Institute shall be the successor to the Institute known as the Kenya Institute of Education existing immediately before the commencement of this Order.

4. Functions of the Institute

The functions of the Institute shall be to—
(a)implement the policies relating to curriculum development in basic and tertiary education and training;
(b)initiate, develop and review curricula for basic and tertiary education and training in collaboration with other relevant bodies;
(c)prepare programmes and curricula for—
(i)early childhood care, development and education;
(ii)primary education;
(iii)secondary education;
(iv)adult, continuing and non-formal education;
(v)teacher education and training;
(vi)special education;
(vii)tertiary education and training; and
(viii)management, industrial and professional training;
(d)initiate and conduct curriculum based research to inform curriculum development;
(e)collect, document and catalogue information on curricula, curriculum materials and innovations to create a data bank and disseminate the information to educational institutions and stakeholders;
(f)publish and disseminate information relating to curriculum for basic and tertiary education and training;
(g)organize and conduct in-service and orientation programmes for teachers, teacher trainers, quality assurance standard officers and field officers involved in education and training on curriculum programmes and materials;
(h)prepare, disseminate and transmit programmes and curriculum support materials through mass media, e-learning, distance learning and any other mode of delivering education and training programmes and materials;
(i)initiate and propose policy review in curriculum development;
(j)evaluate, vet and approve curriculum and curriculum support materials for all basic and tertiary education and training programmes;
(k)offer curriculum-based consultancy services in basic and tertiary education and training; and
(l)receive, consider, develop and review curriculum proposals.

5. Powers of the Institute

In the performance of its functions under paragraph 4, the Institute may—
(a)create, develop, apply for and hold intellectual property rights and enter into agreements or arrangements for their commercial exploitation or otherwise as the Council may consider appropriate;
(b)enter into arrangements with other similar institutions or professional organizations, whether within or outside Kenya, and
(c)do any other thing which is necessary or convenient to be done in connection with or incidental to its functions.

Part III – THE COUNCIL OF THE INSTITUTE

6. The establishment of the Council

(1)There shall be a Council of the Institute, which shall have the responsibility of managing the Institute in accordance with this Order.
(2)The Council shall consist of the following members—
(a)a Chairperson appointed by the President;
(b)the Principal Secretary in the Ministry responsible for education;
(c)the Principal Secretary in the Ministry responsible for higher education, science and technology;
(d)the Principal Secretary to the Treasury; and
(e)not more than seven other members, not being employees of the Institute and of whom not more than three shall be public officers, appointed by the Cabinet Secretary, and
(f)the Director of the Institute, who shall be the Secretary.
(3)The members referred to in paragraph (2) (b), (c) and (d) may, in writing, designate a senior officer, not being below the level of a Deputy Secretary, to represent them on the Council.

7. Qualifications for appointment

A person shall be eligible for appointment as the Chairperson or a member of the Council if such person—
(a)in the case of the Chairperson, holds a degree from a recognized university and at least ten years experience in the matters related to education; and
(b)in the case of a member, holds a degree from a recognized university in his area of specialization.

8. Term of office

Subject to the provisions of this Order, the Chairperson and members of the Council shall hold office for a term of three (3) years and shall be eligible for re-appointment for one further term:Provided that in the case of the initial members appointed under this Order, the Council shall, at its first meeting, elect—
(a)four (4) members whose terms of office shall expire at the end of two years from the date of appointment; and
(b)other members whose terms of office shall expire at the end of three years from the date of appointment.

9. General functions of the Council

The Council shall have all the powers necessary for the proper performance of its functions under this Order, and in particular, but without prejudice to the generality of the foregoing, the Council shall have power to—
(a)manage, supervise and administer the assets of the Institute in such a manner as best promotes the purpose for which the Institute is established;
(b)determine the provisions to be made for capital, recurrent expenditure and for reserves of the Institute;
(c)receive any grants, gifts, donations or endowments on behalf of the Institute and make legitimate disbursements there from;
(d)enter into association with such other bodies or organizations within or outside Kenya as the Council may consider desirable or appropriate and in furtherance of the purpose for which the Institute is established;
(e)open a banking account or bank accounts for the funds of the Institute; and
(f)constitute working panels for the purpose of the performance of the functions of the Council.

10. Director

(1)There shall be a Director of the Institute who shall be appointed by the Council on such terms and conditions as may be approved by the Cabinet Secretary and specified in the instrument of appointment.
(2)The Director shall be the chief executive officer of the Institution and responsible to the Council for the day-to-day management of the affairs of the Institute.

11. Committees of the Council

(1)The Council may establish such committees as it may consider appropriate to perform such functions and discharge such responsibilities as it may determine.
(2)Without prejudice to the provisions of subparagraph (1), the Council shall establish the following Committees and Panels—
(a)the Academic Committee;
(b)the Finance Committee;
(c)the Audit Committee; and
(d)the Human Resource and Integrity Committee.

12. Academic Committee

(1)The Academic Committee shall consist of—
(a)the Education Secretary who shall be the Chairperson; and
(b)not less than thirteen nor more than twenty members appointed by the Council.
(2)The members of the Academic Committee shall be appointed to represent—
(a)the Ministries responsible for—
(i)education;
(ii)higher education, science and technology;
(b)the Kenya National Examinations Council;
(c)the Commission for Higher Education;
(d)the Kenya Institute of special Education; and
(e)the schools of Education in a public and a private university respectively.
(3)The Committee may co-opt other persons whose knowledge and experience it may find necessary for the performance of its functions—
(a)keep under constant review the curricula at different levels of education and training as provided for in paragraph (c);
(b)oversee the quality of educational programmes developed by the Institute;
(c)coordinate and guide the activities of subject and course panels appointed under paragraph 13;
(d)review broad issues relating to curriculum and education policy and make recommendations to the Council; and
(e)approve all educational programmes developed at the Institute on the behalf of the Council.
(4)The Academic Committee may establish its own rules of procedure and shall submit the proceedings of its meetings to the Council for approval.

13. Course, subject research and evaluation panels

(1)The Council shall, in consultation with the Academic Committee, appoint and assign functions to such Course Panels, Subject Panels, and Research and Evaluation Panels as it may consider necessary.
(2)The Chairpersons of the panels appointed under this paragraph shall be as follows:
(a)each course panel shall be chaired by an officer who is in charge of quality assurance in the Ministry responsible for education;
(b)each subject panel shall be chaired by an appropriate subject specialist in charge of quality assurance and standards; and
(c)the Research and Evaluation panel shall be chaired by the Education Secretary in the Ministry responsible for higher education, science and technology.
(3)The functions of a course panel shall be to—
(a)examine the curriculum in a broad educational area;
(b)keep the relevant course under constant review and make recommendations to the Academic Committee;
(c)coordinate and guide the activities of the Subject Panels; and
(d)where applicable, liase with other institutions and agencies involved in human resource development.
(4)The functions of a Subject Panel shall be to—
(a)initiate and guide appropriate curriculum development activities in the relevant subject;
(b)keep the existing syllabuses in a subject or curriculum area under constant review and make recommendations to the Course Panel;
(c)review teaching and learning materials and make recommendations to the Course Panel; and
(d)keep assessments and examinations conducted in the relevant subject under constant review and make recommendations to the Course Panel.
(5)The functions of the Research and Evaluation Panel shall be to—
(a)initiate and guide appropriate research projects;
(b)keep the need for curriculum-based research and evaluation under constant review; and
(c)give general guidance and support to the curriculum-based research and evaluation programmes of the Institute.

14. Secretariat Services

The Director shall provide secretariat services to the Academic Committee and the panels appointed under paragraph 11.

15. Delegation by Council

The Council may, by resolution either generally or in any particular case delegate to any committee of the Council or to any member, officer, employee or agent of the Institute, the exercise of any of the powers or the performance of any of its functions or duties.

16. Vacancy in office

(1)The office of a member of the Council, other than an ex officio member, shall become vacant—
(a)when the member resigns by giving notice in writing, in the case of the Chairperson, to the President, and in the case of any other member, to the Cabinet Secretary, which notice shall take effect on the date specified therein, and, where no date is specified, on the date of receipt of the notice by the President or the Cabinet Secretary, as the case may be;
(b)when the appointment is revoked by the Cabinet Secretary where the member—
(i)becomes insolvent or enters into a composition or scheme of arrangement for the benefit of his creditors;
(ii)is convicted of any offence by a court of competent jurisdiction;
(iii)is incapacitated by reason of infirmity of body or mind;
(iv)is absent from three consecutive meetings of the Council without the leave of the Chairperson; or
(v)is otherwise unable or unfit to discharge the functions of the Council.
(2)Where the office of the Chairperson or a member of the Council becomes vacant under this paragraph, the President or the Cabinet Secretary, as the case may be, may appoint another person as a replacement of the person vacating office.

17. Frequency of meetings and special meetings

(1)The Council shall hold not less than four meetings in every financial year, and not more than four months shall elapse between the date of one meeting and the date of the next meeting.
(2)Notwithstanding the provisions of subparagraph (1), the Chairperson may, and shall, upon requisition in writing by at least five members of the Council, convene a special meeting of the Council at any time for the transaction of its business.
(3)The notice for a meeting for the Council shall be in writing, and shall be for a period of—
(a)fourteen days in the case of a meeting under subparagraph (1); and
(b)seven days in the case of a meeting under subparagraph (2).

18. Quorum

The quorum for the conduct of business at a meeting of the Council shall be two thirds of all the members of the Council.

19. Chairing of meetings

(1)The Chairperson shall preside at every meeting of the Council at which he is present.
(2)In the absence of the Chairperson from the meeting the vice-Chairperson shall chair, and in the absence of both the Chairperson and the vice-Chairperson, the members present shall elect one of their number to preside, who shall, with respect to that meeting and the business transacted thereat, have all the powers of the Chairperson.

20. Decisions of the Council

Unless a unanimous decision is reached, a decision on any matter before the Council shall be by a majority of the votes of the members present and voting, and in the case of an equality of votes, the Chairperson or the person presiding shall have a casting vote.

21. Disclosure of interest

(1)If a member is directly or indirectly interested in any contract, proposed contract or other matter before the Council and is present at a meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration, the member shall, at the meeting and as soon as reasonably practicable after the commencement thereof, disclose the fact, and shall not take part in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during consideration of the matter.
(2)A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.
(3)A member of the Council who contravenes subparagraph (1) commits an offence and shall be liable on conviction to a fine of one hundred thousand shillings, or to imprisonment for a term of six months, or to both.

22. Common Seal

(1)Subject to this Order, 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.
(2)All deeds, instruments, contracts and other documents shall be deemed to be duly executed by or on behalf of the Council—
(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;
(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.
(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.

23. Remuneration

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 be paid their travelling and other expenses in connection with the work of the Institute.

24. Appointment of staff

The Council may employ such staff or engage such consultants or experts or approve such secondment as may be necessary for the proper performance of its functions, on such terms and conditions as may be approved by the Cabinet Secretary.

25. Protection from personal liability

Nothing done by a member of the Council or any officer, employee or agent of the Council shall, if it is done bona fide for executing 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.

Part IV – FINANCIAL PROVISIONS

26. Funds of the institute

The funds of Institute shall comprise of—
(a)such sums as may be provided by Parliament;
(b)such monies as may accrue to or vest in the Institute in the course of the exercise of its powers or the performance of its functions under this Order or under any other written law; and
(c)all monies from any other source provided for or donated or lent to the Institute.

27. Financial year

The financial year of the Institute shall be the period of twelve months ending on the thirtieth day of June in each year.

28. Annual estimates

(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 Institute for that year.
(2)The annual estimates shall make provision for all the estimated expenditure of the Institute for the financial year, and in particular, the estimates shall provide for—
(a)the payment of salaries, allowances and other charges in respect of the staff of the Institute;
(b)the payment of pensions, gratuities and other charges in respect of the staff of the Institute; and
(c)the proper maintenance of the buildings and grounds of the Institute.
(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.

29. Books of accounts records, audit and reports.

(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 Institute.
(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 authorized and that adequate control is maintained over its assets and liabilities.
(3)The account of the Institute shall be audited in accordance with the Public Audit Act (Cap. 412B).

30. Investments of funds

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

Part V – TRANSITIONAL PROVISIONS

31. Repeal of L.N. 105/1976 and savings

(1)The Kenya Institute of Education Order, 1976 is revoked.
(2)Notwithstanding subparagraph (1), upon the commencement of this Order—
(a)all the rights duties, obligations, assets and liabilities of the former Institute existing at the commencement of this Order shall be automatically and fully transferred to the Institute;
(b)any reference to the former Institute in any contract or document shall, for all purposes, be deemed to be a reference to the Institute;
(c)any person who is an employee of the former Institute immediately before the commencement of this Order shall upon such commencement be deemed to be an employee of the Institute.
(d)the annual estimates of the former Institute for the financial year in which the appointed day occurs shall be deemed to be the annual estimates of the Institute for the remainder of that financial year;
(e)the administrative directions made by the former Institute or by the Cabinet Secretary and which are in force immediately before the appointed day shall, on or after such day, have force as if they were directions made by the Council or the Cabinet Secretaryunder this Act;
(f)any donation or government funding of a continuing nature administered by the former Institute or its Council and existing immediately before the commencement of this Order shall be administered by the Institute, but otherwise in accordance with the terms and conditions to which it was subject immediately before that date;
(g)all contracts, deeds, bonds, agreements, arrangements, guarantees and other instruments made or entered into, on behalf of shall, or in relation to the former Institute or its Council have effect as if made or entered into by, on behalf of, or in relation to, the Institute;
(h)all actions, claims, arbitrations, applications and other proceedings (including proceedings on appeal or review) pending or existing immediately before the commencement of this Order, by, against, or in relation to the former Institute shall have effect as if they were proceedings by, against, or in relation to the Institute, and may be continued and completed accordingly; and
(i)the members of the Council of the former Institute immediately before the appointed day shall be deemed to be members of the Council appointed under paragraph 6 of this Order.
  
(3)In this part—"appointed day" means the day on which this Order comes into force;"former institute" means the Kenya Institute of Education established by the Kenya Institute of Education Order, 1976.
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31 December 2022 this version
13 August 2010
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