Section 10 of The Basic Education Act 2013: Appointment and term of Chairperson and members
(1) Upon commencement of this Act or whenever there is a vacancy in the Board, the Cabinet Secretary shall, within fourteen days of the occurrence of the
vacancy, appoint a Selection Panel for the purpose of selecting suitable candidates for appointment as the Chairperson or member of the Board.
(2) The Selection Panel appointed under subsection (1) shall consist of a chairperson —
(a) two persons to represent registered School Heads Association;
(b) a representative of the Cabinet Secretary responsible for matters relating to education who shall be the Secretary to the Selection Panel;
(c) one person to represent the Public Service Commission;
(d) one person to represent the National Council for Persons with Disabilities;
(e) three persons nominated by the following bodies-
(i) a joint forum of the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya;
(ii) the Kenya Episcopal Conference; and
(iii) the Muslims Education Council.
(f) one person to represent the Kenya Private Sector Alliance;
(g) one person to represent the Teachers Service Commission.
(h) two persons to represent trade unions of teachers;
(i) one person to represent organizations dealing with children’s rights; and
(j) one person to represent an association of parents.
(3) The Selection Panel shall, subject to this section, determine its own procedure, and the Cabinet Secretary responsible for education shall provide the Panel with such facilities and such other support as the Panel may require for the discharge of its functions.
(4) The Selection Panel shall, within seven days of its convening, invite applications, in at least two newspapers of nationwide circulation from qualified persons to be submitted within twenty-one days from the date of the invitation.
(5) The Selection Panel shall within seven days of receipt of applications under subsection (4) consider the applications and publish the names and academic qualifications of all shortlisted applicants in at least two daily newspapers of nationwide circulation.
(6) The Selection Panel shall within fourteen days of the publication under subsection (5) interview and identify three persons qualified for appointment as Chairperson and thirteen persons qualified for appointment as members of the Board and shall forward the names of the selected candidates to the Cabinet Secretary for appointment.
(7) The Cabinet Secretary shall, within seven days of receipt of the names forwarded under subsection (6),appoint the chairperson and members of the Board.
(8) Where the Cabinet Secretary rejects a nominee or all of the nominees submitted by the Selection Panel for approval under paragraph (6), the provisions of paragraph (1) to (5) shall apply.
(9) In rejecting a nominee or nominees, the Cabinet Secretary shall attach a memorandum indicating the reason for such rejection.
(10) The Selection Panel convened under subsection (1) shall stand dissolved upon the appointment of the Chairperson or member of the Board whichever is the later.
(11) In short listing, nominating or appointing persons as Chairperson and members of the Board, the Selection Panel and the Cabinet Secretary shall observe the principle of gender equity, regional, ethnic and religious balance, transparency, openness and competitiveness and shall have due regard to the principle of equal opportunities for persons with disabilities.
(12) The Selection Panel may, subject to this section, determine its own procedure.
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- Section 11 - Vacation of, and removal from office
(1) The office of the Chairperson or a member of the Board shall become vacant if the holder—
(a) dies;
(b) resigns from office, by a notice in writing addressed to the Cabinet Secretary;
(c) is...
- Section 12 - Staff of the Board
The Cabinet Secretary may in consultation with the Board and upon such terms and conditions as may be prescribed, second such officers, agents and other staff as may be necessary for the efficient...
- Section 13 - Experts and consultants
The Board may engage consultants and experts, as it considers appropriate, to assist in the discharge of its functions under this Act.
- Section 14 - Remuneration of the Board
The Chairperson and members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the
Cabinet Secretary in consultation with the Salaries...
- Section 15 - Reporting
(1) The National Education Board shall submit an annual report to the Cabinet Secretary.
(2) Notwithstanding subsection (1), Cabinet Secretary may, at any time, require a report from the National...
- Section 16 - Secretary to the Board
(1) The Board shall, through an open, transparent and competitive recruitment process, recommend for appointment by the Cabinet Secretary a suitably qualified person to be the Secretary to the...
- Section 17 - County Education Board
(1) There is established a County Education Board for every county.
(2) The County Education Board established under subsection (1) shall be an agent of the National Education Board.
- Section 18 - Functions of the County Education Boards
(1) The functions of the County Education Board shall be to-
(a) oversee in consultation with the county government, the operation and management of youth polytechnics, pre-primary education...
- Section 19 - Consultation with National Education Board
(1) In carrying out its functions, the County Education Board shall work in consultation and co-operation with the National Education Board.
(2) Notwithstanding the provisions of subsection (1), the...
- Section 20 - Composition of the County Education Boards
(1) Every County Education Board shall consist of a Chairperson, and twelve other members appointed by the Cabinet Secretary through an open and competitive process and shall include -
(a) an...
- Section 21 - Conduct of business and affairs of the County Education
(1) The conduct and regulation of the business and affairs of the County Education Boards shall be as provided in the Second Schedule.
(2) Except as provided in the Second Schedule, the County...
- Section 22 - Tenure
(1) The Chairperson shall serve for a term of four years renewable once.
(2) The members shall serve for a renewable term of three years.
Provided that the Cabinet Secretary shall by regulation,...
- Section 23 - Remuneration of the County Education Boards
The members of the County Education Boards shall be paid such allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration...
- Section 24 - Co-option
The County Education Boards may from time to time co-opt into its membership such persons not being more than three as it is satisfied possess skills and
experience to assist in the discharge of the...
- Section 25 - Committees of the County Education Board
(1) A County Education Board may establish such committees as may be appropriate to perform such functions and discharge such responsibilities as it may determine.
(2) Without prejudice to the...
- Section 26 - Roles of County Government
(1) The roles of the county government shall include the provision of funds required for the development of the necessary infrastructure for institutions of basic education and training used for...
- Section 27 - Role of Sponsor
The role of the Sponsor shall be –
(a) to participate and make recommendations of review of syllabus, curriculum, books and other teaching aids;
(b) representation in the School Management...
- Section 28 - Right of child to free and compulsory
(1) The Cabinet Secretary shall implement the right of every child to free and compulsory basic education.
(2) The Cabinet Secretary shall in consultation with the National Education Board and the...
- Section 29 - Free tuition
(1) No public school shall charge or cause any parent or, guardian to pay tuition fees for or on behalf of any pupil in the school.
(2) Notwithstanding subsection (1)-
(a) tuition fees may be...
- Section 30 - Compulsory primary and secondary education
(1) Every parent whose child is –
(a) Kenyan; or
(b) resides in Kenya shall ensure that the child attends regularly as a pupil at a school, or such other institution as may be authorized and...
- Section 31 - Duty of parents and guardian
(1) It shall be the responsibility of every parent or guardian to present for admission or cause to be admitted his or her child, as the case may be, to a basic education institution.
(2) Where a...
- Section 32 - No payment of fee for admission
No person shall while admitting a child to a public school or a basic education institution collect any admission fee.
- Section 33 - Proof of age for admission
(1) For the purpose of admission to a basic education institution, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births,...
- Section 34 - No denial of admission
(1) A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed.
(2) A school or person responsible for admission shall not...
- Section 35 - Incentives and prohibition of holding back and expulsion
(1) Pupils shall be given appropriate incentives to learn and complete basic education.
(2) No pupil admitted in a school, subject to subsection (3) shall be held back in any class or expelled from...
- Section 36 - Prohibition against physical punishment and mental harassment to the child
(1) No pupil shall be subjected to torture and cruel, inhuman or degrading treatment or punishment, in any manner, whether physical or psychological.
(2) A person who contravenes the provisions of...
- Section 37 - Holiday Tuition
(1) No pupil shall be subjected to holiday tuition.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings...
- Section 38 - Prohibition against employment of a child of compulsory school age
(1) No person shall employ a child of compulsory school age in any labour or occupation that prevents such child from attending school.
(2) Any person who employs or prevents a child who is subject...
- Section 39 - Responsibility of the Government
It shall be the duty of the Cabinet Secretary to –
(a) provide free and compulsory basic education to every child;
(b) ensure compulsory admission and attendance of children of compulsory school age...
- Section 40 - Duty of a principal or head teacher
(1) Where a pupil fails to attend school, the Head Teacher shall cause investigation of the circumstances of the child’s absence from school;
(2) Where the Headteacher finds there are no reasonable...
- Section 41 - Promotion of education
The Cabinet Secretary shall in consultation with the relevant Cabinet Secretary and other relevant stakeholders promote education and training in Kenya
under the following system and structure-
(a)...
- Section 42 - Structure of education
(1) The system shall be so structured as to enable learners to access education and training at any level in a sequence, and at a pace that may be commensurate with the individual learner’s physical,...
- Section 43 - Categories of schools
(1) Basic educational institutions shall be categorised as-
(a) public schools which are schools established, owned or operated by the Government and includes sponsored schools;
(b) private schools...
- Section 44 - Establishment and management of special institutions
(1) Subject to the Constitution and the provisions of this Act, the Cabinet Secretary shall establish and maintain public special schools.
(2) The Cabinet Secretary shall provide special needs...
- Section 45 - Regulations in special needs education
(1) The Cabinet Secretary may make regulations for the establishment and management of special schools and institutions offering special needs education to pupils with special needs.
(2)...
- Section 46 - Duty of County education Boards to provide child guidance service
(1) Subject to the Constitution and the provisions of this Act, it shall be the duty of every County Education Board in consultation with the relevant county
government to provide for education...
- Section 47 - Report of child with special needs by County Education
(1) It shall be the duty of the County Education Board to consider in relation to each child with special needs belonging to schools in their area, what provision would benefit him or her after he or...
- Section 48 - Future provision for children with special needs
(1) A County Education Board shall in consultation with the Cabinet Secretary make such arrangements as they deem fit to enable a pupil with
special needs attend an establishment whether or not a...
- Section 49 - Establishment of private schools
Subject to the Constitution and the provisions of this Act, any person may establish and maintain a private school.
- Section 50 - Registration of private schools
(1) A person shall not establish or maintain a private school unless it is registered under this Act.
(2) No private school shall be registered if-
(a) the proprietor is disqualified from being a...
- Section 51 - Right to attend a private school.
Any person requiring basic education may attend a private school.
- Section 52 - Duties and rights of a private school
(1) A private school shall-
(a) establish necessary educational and governance structures;
(b) recruit registered teachers;
(c) comply with and follow the approved curriculum;
(d) maintain...
- Section 53 - Governance and management of education and training
(1) The Cabinet Secretary shall be responsible for the overall governance and management of basic education.
(2) Subject to the provisions of this Act, the Cabinet Secretary shall by regulation...
- Section 54 - Structures of governance and management in education
(1) For purposes of ensuring effective and efficient management of basic education in Kenya, the Cabinet Secretary shall by regulation establish such
structures of governance and management at...
- Section 55 - Board of management
(1) There shall be a Board of Management for every public -
(a) pre-primary institution;
(b) primary school;
(c) secondary school;
(d) adult and continuing education centre;
(e) multipurpose...
- Section 56 - Composition of Board of Management
(1) The Board of Management established under section 55 shall consist of the following members appointed by the County Education Board:
(a) six persons elected to represent parents of the pupils in...
- Section 57 - Qualifications of members of boards of management
(1) The Cabinet Secretary shall, by regulations prescribe the qualifications for persons who may be appointed to or co-opted into the Board of Management of a primary school, secondary school, adult...
- Section 58 - Functions of a Management Committee of pre- primary institution
(1) The functions of a Management Committee of a pre-primary institution shall be to –
(a) promote the best interests of the institution and ensure the institution’s development;
(b) develop a...
- Section 59 - Functions of the Board of management
The functions of the Board of Management of a basic education institution shall be to-
(a) promote the best interests of the institution and ensure its development;
(b) promote quality education for...
- Section 60 - Annual report on governance
Every public school or institution of basic education shall, submit on an annual basis a report to the Director of Basic Education.