Section 35 of The Basic Education Act 2013: 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 school.
(3) Subject to subsection (1) the Cabinet Secretary may make regulations to prescribe expulsion or the discipline of a delinquent pupil for whom all other corrective measures have been exhausted and only after such child and parent or guardian have been afforded an opportunity of being heard:
Provided that such a pupil shall be admitted to an institution that focuses on correction in the context of education.
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- 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.
- Section 61 - Committees of the Board of Management of a basic education institution
(1) The board of management of an institution of basic education may establish such committees as the Board may consider appropriate to perform such functions and discharge such responsibilities as...
- Section 62 - Secretary to the Board of Management
(1) The head of a basic education institution shall be the secretary to the Board of Management.
- Section 63 - Remuneration of the members of the Board of management
The members of the Board of Management shall be paid such allowances as the Cabinet Secretary may provide by regulations upon the advice of the Salaries and Remuneration Commission.
- Section 64 - Establishment of the Education Standards and Quality Assurance Council
(1) There shall be established an Education Standards and Quality Assurance Council.
(2) The Education Standards and Quality Assurance Council shall-
(a) ensure standards and maintain quality in...
- Section 65 - Composition and staff at Education Standards and Quality Assurance Council
(1) The Council shall appoint quality assurance and standards officers for the purposes of this Act.
(2) The Cabinet Secretary shall by regulation prescribe the following with respect to Education...
- Section 66 - Powers of the Quality Assurance and Standards Officers
(1) The Quality and Assurance officers shall facilitate compliance with standards by promoting a collegial and collective approach to quality assurance.
(2) Education Standards and Quality Assurance...
- Section 67 - Cabinet Secretary and promoters to be responsible for maintenance of standards
The Cabinet Secretary, Teachers Service Commission, Standards and Quality Assurance Council, National Education Board, national quality assurance
bodies, and the County Education Boards shall ensure...
- Section 68 - National Qualifications Framework Accounts and audit
(1) The Cabinet Secretary shall in collaboration with the relevant stakeholders develop the National Qualifications Framework to-
(a) set the standards and benchmarks for qualifications and...
- Section 69 - Review of standards, quality and relevance
The Cabinet Secretary shall in consultation with the relevant departments or agencies and stakeholders through regulations and appropriate measures
continuously review, evaluate and monitor policies...
- Section 70 - National and international standards and quality assurance
Every institution of basic education in consultation with the Education, Standards and Quality Assurance Council shall, in accordance with the provisions of this Act-
(a)develop or adapt appropriate...
- Section 71 - Standards, quality and relevance in education
The Cabinet Secretary in consultation with the National Education Board, and the various County Education Boards and institutions and all persons engaged
in the promotion, provision and conduct of...
- Section 72 - Guidelines on standards, quality and relevance
The Cabinet Secretary in consultation shall, in consultation with the relevant stakeholders, make Regulations on standards, quality and relevance in
education in Kenya.
- Section 73 - Policy and guidelines on curricula
(1) To ensure standards, quality and relevance in curriculum development, the Cabinet Secretary shall, upon advice of the National Education Board,
continuously develop, review, evaluate and monitor...
- Section 74 - Curricula development
(1) There shall be a Kenya Institute of Curriculum Development whose mandate shall include curriculum development for basic education
(2) Subject to subsection (1), the Cabinet Secretary shall...
- Section 75 - Prohibition of development and examination of own curriculum
Except as otherwise provided for under this Act, no person or institution shall combine the functions of developing and teaching and examining or assessing and issuing a certificate in respect of a...
- Section 76 - Licensing, registration and accreditation of persons and institutions of education, training and research
A person shall not offer basic education in Kenya unless the person is accredited and registered as provided for under this Act.
(2) A person or organization intending to establish an institution...
- Section 77 - Rejection of application by the County Education Board
(1) Where the County Education Board is not satisfied that the institution has complied with the requirements set out under this Act the Board may reject
the application and notify the applicant of...
- Section 78 - Offence to promote without being licensed or accredited and registered
(1) A person shall not engage in the promotion, management, or teaching of basic education unless such person is accredited and registered in accordance with the provisions of this Act.
(2) A person...
- Section 79 - County Education Board to maintain a databank
(1) The County Education Board shall establish and maintain a databank of all-
(a) registered, accredited, licensed and incorporated institutions of education, training and or research in the...
- Section 80 - Fees
Any person making an application for the establishment, licensing, registration and accreditation of a basic education and training institution shall pay the
prescribed fees to the relevant agencies...
- Section 81 - Rules, regulations and guidelines on quality
The Cabinet Secretary shall in consultation with Education, Standards and Quality Assurance Council, and the relevant stakeholders establish guidelines and
prescribe rules and regulations for the...
- Section 82 - Licensing of an institution basic education and training
(1) The Education, Standards and Quality Assurance Council shall assess the application to ensure due compliance with the standards formulated and
developed under this Act and submit its report to...
- Section 83 - Application to County Education Board for establishment of a basic education institution
An application for the establishment of a basic education institution shall contain:
(a) name, physical, postal and electronic addresses of the proposed institution;
(b) in the case of a mobile...
- Section 84 - Examinations and assessments
(1) Public examinations shall be conducted as provided for under the Kenya National Examination Council Act.
(2) The Cabinet Secretary may make regulations prescribing:
(a) the conduct of school...
- Section 85 - Appeal against decision of County Education Board
Any person aggrieved by the decision of County Education Board under this Part may, within thirty days of being notified of the decision, appeal against such a decision to the Education Appeals...