Section 50 of The Basic Education Act 2013: 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 proprietor by reason of Article 10 or Chapter Six of the Constitution;
(b) a teacher employed in the school is not registered by the Teachers Service Commission;
(c) the school premises, or any part of those premises, are unsuitable for a school; or
(d) the proprietor or manager has been convicted of any crime against children under the Sexual Offences Act and Counter Trafficking in Persons Act.
(3) Subject to the provisions of this Act, the registration of any private school shall be provisional for a term of one year renewable for one further term of one year until the institution is quality assured and notice given in writing to the proprietor that the registration is final.
(4) If any person—
(a) conducts a private school which is not a registered school or a provisionally registered school, or
(b) being the proprietor of a private school does any act calculated to lead to the belief that the school is a registered school while it is a provisionally
registered school, he or she shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both such fine and such imprisonment.
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- 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...
- Section 86 - Financing of basic education
(1) The funds of the Department of Education shall consist of–
(a) monies provided by Parliament for the purposes of the Department;
(b) any funds provided by bilateral or multilateral donors, for...
- Section 87 - Financial year
The financial year of the Department of Education shall be the government financial year.
- Section 88 - Annual estimates
(1) Before the commencement of each financial year, the Cabinet Secretary shall cause to be prepared estimates of revenue and expenditure of the Department for that year.
(2) The annual estimates...
- Section 89 - Accounts and Audit of Departments or schools.
(1) The Cabinet Secretary shall cause to be kept all proper books and records of accounts of the income, expenditure, assets and liabilities of the Department.
(2) Within a period of three months...
- Section 90 - School based auditing
(1) The Cabinet Secretary shall establish mechanisms for school-based auditing.
(2) The officers responsible for school-based auditing for public schools shall advise and work with the respective...
- Section 91 - Investment of funds
(1) The Cabinet Secretary may invest any of the funds of the Department in securities in which for the time being trustees may by law invest funds or in any other securities which the Treasury may...
- Section 92 - General penalties
Any person who commits an offence under this Act for which no other penalty is provided is liable: -
(a) in the case of a first conviction, to a fine not exceeding two hundred thousand shillings or a...
- Section 93 - The Education Appeals Tribunal
(1) There is established an Education Appeals Tribunal.
(2) Any person aggrieved by the decisions of the County Education Board may appeal to the Education Appeals Tribunal.
(3) The Cabinet...
- Section 94 - Establishment of the National Council for Nomadic Education
(1) There is established a National Council for Nomadic Education in Kenya.
(2) Notwithstanding subsection (1), the National Council for Nomadic Education in Kenya shall be constituted in a manner...
- Section 95 - Regulations
(1) The Cabinet Secretary may upon consultation with the Board make regulations-
(a) prescribing anything that may be prescribed under this Act; and
(b) generally for the better carrying out of...
- Section 96 - Repealed Acts
The following Acts are repealed-
(a) the Education Act; and
(b) the Board of Adult Education Act,.
- Section 97 - Preservation of proceedings and rights of appeal
Any proceedings, instruments and any right of review appeal subsisting immediately before the commencement of this Act by virtue of the repealed Acts
shall after the commencement of this Act be...
- Section 98 - Continuance of periods of time
Where a period of time specified in the repealed Acts is current at the commencement of this Act, this Act shall have effect as if the corresponding provisions had been in force when the period began...
- Section 99 - Preservation of licences, certificates and registration
(1) Any register kept, registration effected, certificate issued, letters of Interim Authority, notice or information given, return made or other thing done under
the repealed Acts which, immediately...
- Section 100 - Transfer of property, assets, liabilities and staff
(1) All immovable and movable property and assets which immediately before the commencement of this Act were vested in, or possessed by the institutions established under the repealed Acts shall by...