The Industrial Training (Trade Testing) Rules

Legal Notice 100 of 2021

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The Industrial Training (Trade Testing) Rules

Citation

Legal Notice 100 of 2021

Primary work

Industrial Training Act

Date

Language

English

Type

Legal Notice

Original enactment

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INDUSTRIAL TRAINING ACT

THE INDUSTRIAL TRAINING (TRADE TESTING) RULES

LEGAL NOTICE 100 OF 2021

Published in Kenya Gazette Vol. CXXIII—No. 141 on 2 July 2021
Commenced on 2 July 2021

[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

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

2. Interpretation

In these Rules, unless the context otherwise requires—"Act" means the Industrial Training Act (Cap. 237);"assessor" means a person contracted by the National Industrial Training Authority to undertake assessment of trade test candidates on behalf the Authority;"experiential learning" means acquisition of knowledge or skills through experience leading to an award of a certificate;"Code of Conduct" means a set of rules outlining the social norms, proper practices, rules and responsibilities of assessors;"occupation" means a job or a profession;"recognition of prior learning" means the process used to identify, assess and certify knowledge, skills, attitudes and competencies possessed by a person and acquired either non-formally or informally against the prescribed standards for a partial or full qualification;"trade" means a skilled occupation;"trade test" means a test in respect of a given trade for skills acquired either non-formally or informally approved by the Cabinet Secretary under these Regulations;"trainer" means any person, firm, or institution registered under section 7C of the Act;"Kenya National Qualification Authority" means the body charged with the responsibility of regulating qualifications in Kenya under the Kenya National Qualifications Framework Act (Cap. 214);"Kenya National Qualifications Framework" means the national system for the articulation, classification, registration, quality assurance, and the monitoring and evaluation of national qualifications as developed in accordance with the Kenya National Qualifications Framework Act (Cap. 214).

3. Approval and conditions for trade tests

(1)The Cabinet Secretary may, on the advice of the National Industrial Training Board, approve, by notice in the Gazette, tests, considered 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)The tests approved under paragraph (1) shall be in the form and subject to the conditions prescribed by the Director-General.

4. Application for trade test

(1)A person wishing to undertake a trade test shall apply to the Director-General in a prescribed form at least two months before the date of the test which shall be notified.

(2)An application under paragraph (1) shall be accompanied by a copy of the applicant's identity card or any other recognized form of identification and two recent passport size photographs.

(3)The Director-General may, under exceptional circumstances, vary the timelines for submission of applications under paragraph (1).

(4)An applicant shall, when making an application for a trade test under paragraph (1), specify any previous trade test or tests passed relating to the trade applied for and qualification obtained and provide proof that the applicant had passed the test or tests referred to in paragraph (1), when required.

5. Minimum entry requirements

(1)The minimum entry requirements for all trade test levels shall be as provided for under the First Schedule.

(2)A person who has gained relevant practical experience in industry equivalent to any trade test level may apply to the Director-General for recognition of prior learning.

(3)A person who applies for recognition of the skills and knowledge under paragraph (2) shall be subjected to recognition of prior learning assessment and be issued with a trade test certificate at the relevant level and Certificate of Experiential Learning, if successful.

(4)The Director-General may approve or reject an application under paragraph (3) if the candidate cannot demonstrate having gained the relevant practical experience and knowledge.

(5)Notwithstanding rule 4(1), a person may apply to undertake a trade test in more than one trade or occupation where an applicant has the necessary skills and qualifications and has successfully undergone recognition of prior learning assessment.

6. Tools for trade test

A person who applies to undergo a trade test under these Rules shall be required to provide the necessary Personal Protective Equipment and basic tools required for the test.

7. Fees

(1)A citizen of the East African Community Partner State who applies to undertake a trade test in respect of any level, under rule 4(1), shall pay the fees specified in the Second Schedule and the persons of other nationalities shall pay an additional thirty percent above the approved local rates.

(2)A person who wishes to be assessed outside the existing trade test series shall pay such fees as shall be determined by the Director-General from time to time and be assessed within thirty days of making the application.

8. Registration of industrial training assessors

(1)The Authority shall invite applications from eligible persons for consideration for registration as industrial training assessors after every three years or such other time when need arises.

(2)A person who wishes to be registered as an assessor shall make an application to the Director-General in the prescribed form and attach the following—

(a)a copy of the national identification card, valid passport or any other legal identification document;

(b)certified copies of professional, academic and other relevant certificates;

(c)evidence of work experience in industry; and

(d)proof of membership to a professional body, where applicable.

(3)An assessor may apply to be registered in one or more skill areas.

(4)A person shall qualify for registration, by the Authority, as an assessor if that person—

(a)possesses the qualifications set by the Authority for skill areas in respect of which the application is made or such other qualifications as, in the opinion of the Director-General, are equivalent to the qualifications specified in paragraph (2);

(b)has the practical experience to the satisfaction of the Authority, whether acquired in Kenya or elsewhere, to complement such qualifications or has otherwise satisfied the Director-General that they possess such practical experience as to render them competent to be accredited as a trainer or assessor; and

(c)has successfully undergone such skills assessment as the Authority may conduct for this purpose.

(5)The Authority may, when considering an application for the registration of an assessor,—

(a)make such inquiries and conduct such investigations as are reasonable and appropriate in the circumstances and may be necessary to satisfy the Authority of the knowledge, skills and experience of an applicant;

(b)conduct skills assessments and referee checks while making the decision to register or renew the registration of an applicant; or

(c)consider the previous conduct of an applicant, where the application is for the renewal of registration.

(6)The Authority shall enter the names of the successful applicants into the register of accredited assessors kept and maintained by the Authority.

(7)The Authority may refuse to register an applicant under these Rules if the applicant knowingly—

(a)presents false documents for accreditation; or

(b)impersonates any other person named in any certificate of accreditation;

(8)The Authority may suspend the registration of an assessor if—

(a)the assessor has knowingly allowed details of their accreditation to be included in the particulars of another applicant;

(b)the assessor is convicted of any crime under the laws of Kenya;

(c)the assessor has breached any of these Rules;

(d)it is in the public good to do so;

(e)the assessor has violated the Code of Conduct for Industrial Training Assessors; or

(f)for any other reason the Authority may determine from time to time.

(9)The Authority shall not exercise its powers under paragraph (8), unless an opportunity of being heard has been given to the assessor.

(10)An aggrieved assessor may appeal in writing to the Director-General within fourteen days of suspension under paragraph (8).

9. Validity of registration

The registration of an assessor under these Rules shall be valid for a period of three years and may be renewed for a similar period upon the fulfilment of the conditions as set out in the Industrial Training Standards and Guidelines.

10. Training of assessors

(1)All registered assessors shall be required to attend such assessors training as may be organized by the Authority from time to time before being engaged in any assignment.

(2)The assessors may be required to pay the requisite fee for the training in paragraph (1).

11. Conduct of industrial training assessors

(1)A registered industrial training assessor shall adhere to the Code of Conduct for assessors at all times when undertaking any industrial training assessment on behalf of the Authority.

(2)The Authority may on its own motion, or upon receipt of a complaint from any person with respect to conduct of an assessor, appoint a committee to undertake an investigation into a complaint in orde to establish any violation of the Code of Conduct.

(3)The assessor under investigation shall be suspended until investigation into their conduct has been concluded.

(4)The investigating committee shall conduct the investigations within two months and submit a report and recommendations, where appropriate.

(5)An assessor who is suspended shall not conduct any assessment on behalf of the Authority until the suspension has been lifted.

(6)The Authority may remove the name of an assessor from the register if the assessor—

(a)has been debarred from participating in assessment process under any legislation;

(b)has been found guilty of non-compliance with the code of conduct for industrial training assessors;

(c)fails to comply with the provisions of these Rules and industrial training and assessment standards as may be formulated by the authority from time to time;

(d)is declared bankrupt; or

(e)any other ground as found necessary by the Director-General.

(7)An assessor aggrieved by the decision of the Authority under these Rules may appeal in writing to the Director-General within fourteen days of the decision

12. Evaluation of candidates

(1)A person's degree of competency shall be determined with due regard to the following—

(a)adherence to health and safety requirements related to the trade or occupation;

(b)standard operational procedures and practices related to the trade or occupation;

(c)dimensional control and accuracy;

(d)quality, finish and assembly of work or product;

(e)identification, selection and handling of tools;

(f)speed and time taken to complete the test; and

(g)the management of resources during the assessment.

(2)The evaluation of the candidate's project shall be carried out during and on completion of the test.

13. Marks and ratings for trade tests

(1)The distribution of marks for the practical test and written test for each Grade shall be as set out in the First Schedule.

(2)The marks and rating shall be awarded to the person undergoing a trade test under these Rules according to the degree of competency achieved as set out in the Third Schedule.

(3)The pass mark for each level held under these Rules shall be seventy per cent and a person who attains below the seventy per cent score shall be deemed not yet competent.

14. Notification of trade test results

A person who takes a trade test under these Rules shall be notified of the results as soon as reasonably practicable through registered post, email, SMS or access from the trade test portal of the Authority indicating—

(a)the results obtained in a test; and

(b)the place and manner of obtaining the certificate issued under rule 15.

15. Certificates

(1)The Director-General shall, on being satisfied that an applicant has attained the standard required to qualify in a trade test and has paid the necessary fees, issue the applicant with the Government Trade Test Certificate.

(2)The certificate issued under paragraph (1) shall be in the form approved by the Director-General, and shall—

(a)indicate the name of the applicant;

(b)indicate the registration number or identity card number or any other recognized form of identification of the applicant together with a passport size photograph submitted under rule 4(2);

(c)indicate particulars of the tests undertaken;

(d)indicate the grade attained;

(e)be numbered serially; and

(f)be signed by an authorized officer and countersigned by the Director-General.

16. Register of certificate

The Director-General shall cause a register of certificates to be kept, in which shall be entered—

(a)the number of the certificates;

(b)the names of the persons to whom certificates have been issued; and

(c)such other particulars as the Director-General may consider necessary.

17. Re-taking of trade test

(1)A person who fails a trade test shall be eligible to re-take the trade test in the subsequent series.

(2)A person who wants to re-take a trade test shall apply for the re-take in accordance with rule 4 and pay the fees prescribed in the Second Sechedule.

18. Re-assessment

(1)An employer, association of employers, professional body, employees' association or institution, may request the Director-General for the re-assessment of a person whose competence in respect to the certificate held in a given trade is below the expected performance standard.

(2)The Director-General may, upon a request under paragraph (1) and after making the necessary inquiries, require a person whose competence is below the expected performance standard to undertake re-assessment in the subsequent assessment cycle.

(3)A person who requests the Director-General to undertake a re-assessment under paragraph (1) shall pay the prescribed assessment fees.

19. Recall of certificates

The Director-General may require a person to whom a certificate has been issued to surrender the certificate where—

(a)the holder has failed a reassessment in trade test or proficiency in accordance with rule 16; or

(b)the holder has been found guilty of gross misconduct in connection with their trade or occupation, which renders it undesirable that they should continue to hold the certificate or for any other sufficient reason.

20. Authentication of certificates

(1)An employer, association of employers, professional body, employee's association, institution or any interested party may, in writing, request the Director-General to verify the authenticity of a trade test certificate.

(2)A person who requests the Director-General to verify the authenticity of a trade test certificate under paragraph (1) shall submit a copy of the certificate to be verified and pay the prescribed fees.

(3)The Authority shall undertake the verification and communicate the findings to the applicant.

21. Replacement of certificates

(1)A person whose trade test certificate is lost or defaced may apply to the Director-General, in writing, for a replacement.

(2)An application under paragraph (1) shall be accompanied by—

(a)a police abstract in respect of the lost certificate; or

(b)the original defaced certificate; and

(c)proof of payment of the requisite replacement of certificate fees as may be prescribed by the Authority from time to time.

(3)The Director-General may, after undertaking the necessary verification, process and issue a duplicate certificate.

22. Progression from one level to another

The time taken for one to be assessed at the next level of the same trade shall be as provided in the First Schedule.

23. Offences and penalties

A person who knowingly and without authority:

(a)possess a certificate to which he is not entitled under these Rules;

(b)being entitled under these Rules to the possession of a certificate parts with possession of it to a person not so entitled;

(c)alters or defaces a certificate issued under these Rules or makes a photocopy of the certificate with intent to deceive or defraud; or

(d)fails to produce or surrender on request a certificate issued under these Rules without good and sufficient cause,

shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to imprisonment for six months or both.

24. Appeals

(1)A person who feels aggrieved by an order or decision of the Director-General made under any of these Rules may, within fourteen days of that order or decision, appeal in writing to the Chairperson of the Board.

(2)The appeal shall be in the form of a memorandum and shall set out the decision of the Director-General appealed against, the date of the decision, and the grounds of appeal.

(3)The Chairperson of the Board shall upon receipt of the appeal convene a Board Committee as soon as reasonably practical for the purpose of hearing and determining the appeal.

(4)The decision of the Board shall be communicated to the appellant within two months of the hearing.

25. Trade testable areas

The list of testable areas shall be as contained in the Fourth Schedule.

FIRST SCHEDULE [r. 5(1), 13(1), 22]

MINIMUM ENTRY REQUIREMENTS

National Qualification	Marks Distribution		Minimum Entry Requirements
National Qualification	Practical Test	Oral and Written Test	Minimum Entry Requirements
TT Grade - III	90	10	Completion of Level - 1; orCertificate of Experiential Learning recognized by KNQA
TT Grade - II	85	15	GTT-III and 2 Years of relevant industrial experience after Grade-III; or Certificate of Experiential Learning recognized by KNQA
TT Grade - I	80	20	GTT-II and 3 Years of relevant industrial experience after Grade-II; orCertificate of Experiential Learning recognized by KNQA
Master Craftsperson-III	75	25	GTT-I and 3 years of relevant industrial experience after Grade-I; or Certificate of Experiential Learning by KNQA
Master Craftsperson-II	70	30	MCP-III and 3 Years of relevant industrial experience after MCP-II or Certificate of Learning recognised by KNQA
Master Craftsperson - I	60	40	MCP-II and 3 Years of relevant industrial experience after MCP-II; or Certificate of Experiential Learning recognized by KNQA
Professional Master Craftsperson	50	50	MCP-I and 5 Years of relevant industrial experience after MCP-I; or Certificate of Experiential Learning recognized by KNQA

Professional master crafts person is KNQF level 8

SECOND SCHEDULE [r. 7(1)]

TRADE TEST FEES

National Qualification	Trade Test Fees (Ksh)	KNQF Level
GTT Grade - III	5,000	2
GTT Grade - II	6,000	3
GTT - I	7,500	4
Master Craftsperson- III	10,000	5
Master Craftsperson - II	25,000	6
Master Craftsperson - I	50,000	7
Professional Master Craftsperson	75,000	8
NOTE: Persons of other nationalities shall pay 30% above the local rates for each level above.

THIRD SCHEDULE [r. 13(2)]

MARKS AND RATINGS FOR TRADE TESTS

Rating		Percentage (%)
First Class		86-100
Ordinary Pass		70-85
Fail		69 and below

FOURTH SCHEDULE [r. 25]

TRADE TEST APPLICABLE AREAS

Agriculture and Natural Resources

1.Dairy Processing Operator

2.Flower Grower

3.Mechanical Tea Harvester

4.Mushroom Farmer

5.Poultry Farmer

6.Ranch Foreman

7.Ranch Herdsman

8.Ranch Supervisor

9.Apiarist

10.Behave FabricatorApparel Technology

11.Apparel Quality Checker

12.Batik Decorator

13.Dressmaking

14.Fashion Accessory Maker

15.Garment Production Supervisor

16.Hand Screen Printer

17.Machine Knitter

18.Sewing Machine Operator

19.Tailor

20.Tie and Dye Decorator

21.Upholsterer

22.EmbroidererArts, Audio-visual Technology, Media and Communications

23.Audio Recording Engineers

24.Broadcast Engineers

25.Music Instrumentalist

26.Music Producer

27.Photographer

28.Videographer

29.Events ManagerAutomotive Engineering

30.Automobile Collision Repairers

31.Automobile Service Technicians

32.Automotive Designers

33.Diesel Mechanics

34.Earth Moving Plant Operator

35.Fuel Cell Engineers

36.Lifting Plant Operator

37.Light Vehicle Mechanic

38.Locomotive Engineers

39.Motor Vehicle Assembler

40.Motor Vehicle Electrician

41.Motorcycle Mechanic

42.Panel Beater

43.Plant Mechanic

44.Power Generation Mechanic

45.Spray Painter

46.Vehicle Body BuilderBuilding Technology

47.Steel Fixer

48.Architects

49.Cabinet Maker

50.Carpenter and Joiner

51.Civil Engineering Technicians

52.Civil Engineers

53.Concrete Moulder

54.Drafters

55.Form Worker

56.Furniture Designers

57.Furniture Manufacturing Workers

58.Glazier

59.Interior Decorator

60.Landscaper

61.Mason

62.Painter Decorator

63.Plumber and Pipe Fitter

64.Polisher

65.Scaffold fitter

66.Sign Writer

67.Terrazzo/Granolithic Layer

68.Tile Layer

69.Wood Carving

70.Wood MachinistCosmetology

71.Beauty Therapist

72.Hairdresser

73.Make-up Artist

74.Nail TechnicianElectrical Engineering

75.Electrical and Electronics Engineers

76.Electrical Engineering Technologists

77.Electrical Fitter

78.Electrical Motor Rewinding

79.Electrical Wireman

80.Electromechanical Engineering Technologists

81.Electronic Mechanic

82.Electronics Engineering Technicians

83.Electronics Service Technicians

84.Instrumentation Technicians

85.Solar Engineers

86.Solar Photovoltaic InstallerEnergy

87.Energy Efficiency Engineers

88.Petroleum Engineers

89.Petroleum Products Handler

90.Petroleum Technicians

91.Renewable Energy Engineers

92.Wind Energy EngineersHealth Science

93.Clinical Applications Specialists

94.Drug Developers

95.Health Care Assistant

96.Laboratory Testing Technicians

97.Laser Technicians

98.Ophthalmic Laboratory Technicians

99.Optical Engineers

100.Optics TechniciansHospitality and Tourism

101.Food and Beverage Production

102.Food and Beverage Service

103.Housekeeping

104.Pastry CookInformation Communication Technology

105.Computer Network Administrators

106.Computer Operator

107.Computer Programmers

108.Computer Systems Programmer/Analysts

109.Computer Repair and Maintenance Technician

110.Computer-Aided Design Drafters and Technicians

111.Drone Engineers

112.Drone Manufacturing Workers

113.Drone Pilots

114.Drone Repair Technicians

115.Embedded Systems Engineers

116.Fibre Optics Technicians

117.Graphic Designer

118.Hardware Engineers

119.Internet Security Specialists

120.Robotics Engineers and Technicians

121.Software Designers

122.Software EngineersLeather Technology

123.Footwear Cutter

124.Footwear Laster

125.Footwear Stitcher

126.Leather Tanning and Finishing Workers

127.Leather Worker

128.Shoe MakerMechanical Engineering

129.Arc Welding

130.Boilermakers and Mechanics

131.Boiler Operator

132.Coremakers

133.Fluid Power Technicians

134.Forge Shop Workers

135.Gas Welder

136.General Fitter

137.Industrial Machinery Mechanics

138.Manufacturing Engineering Technologists

139.Manufacturing Engineers

140.Manufacturing Production Technicians

141.Manufacturing Supervisors

142.Mechanical Engineering Technicians

143.Mechatronics Engineers

144.Metallurgical Engineers

145.Metallurgical Technicians

146.Moulder

147.Non-Destructive Testing Specialists

148.Refrigeration and Air Conditioning Mechanic

149.Sheet Metal Workers

150.Turner MachinistSecurity

151.Armourer

152.Forensic Engineers

153.Gunsmiths

154.Intelligence OfficerOther Applicable areas may be added from time to time

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History of this document

31 December 2022 this version

Revised by 24th Annual Supplement

02 July 2021

Published in Kenya Gazette 141

Commenced

Read this version

Cited documents 2

Act 2

1.	Kenya National Qualifications Framework Act	20 citations
2.	Industrial Training Act	9 citations

The Industrial Training (Trade Testing) Rules

Legal Notice 100 of 2021

The Industrial Training (Trade Testing) Rules

Related documents

LAWS OF KENYA

INDUSTRIAL TRAINING ACT

THE INDUSTRIAL TRAINING (TRADE TESTING) RULES

LEGAL NOTICE 100 OF 2021

1. Citation

2. Interpretation

3. Approval and conditions for trade tests

4. Application for trade test

5. Minimum entry requirements

6. Tools for trade test

7. Fees

8. Registration of industrial training assessors

9. Validity of registration

10. Training of assessors

11. Conduct of industrial training assessors

12. Evaluation of candidates

13. Marks and ratings for trade tests

14. Notification of trade test results

15. Certificates

16. Register of certificate

17. Re-taking of trade test

18. Re-assessment

19. Recall of certificates

20. Authentication of certificates

21. Replacement of certificates

22. Progression from one level to another

23. Offences and penalties

24. Appeals

25. Trade testable areas

FIRST SCHEDULE [r. 5(1), 13(1), 22]

MINIMUM ENTRY REQUIREMENTS

SECOND SCHEDULE [r. 7(1)]

TRADE TEST FEES

THIRD SCHEDULE [r. 13(2)]

MARKS AND RATINGS FOR TRADE TESTS

FOURTH SCHEDULE [r. 25]

TRADE TEST APPLICABLE AREAS

History of this document

31 December 2022 this version

02 July 2021

Related documents

Repeals

Is amended by

Cited documents 2

Act 2

Documents citing this one 0