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Section 54 of The Basic Education Act 2013: 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 national and county levels as may be appropriate.
(2) The structures of governance and management of education established in subsection (1) shall -
(a) encourage cooperation and collaboration among all stakeholders involved in governance and management of basic education;
(b) decentralize decision making authority on financial and human resources and related functions in basic education;
(c) enhance the culture of democracy, accountability and transparency in the governance and management of basic education; and
(d) ensure effective and efficient delivery of basic education at all levels.
(3) There shall be a Director-General appointed through an open and competitive process under the Public Service Commission Act in consultation with the Cabinet Secretary.
(4) (a) The Director General appointed under subsection 3 shall be responsible to the Principal Secretary.
(b) The Director-General shall have functions prescribed in any written law and the directions of the Cabinet Secretary.
(5) There shall be a County Director of Education deployed by the Cabinet Secretary through an open and competitive process.
(6) The County Director of Education shall be Secretary to the County Education Board and holder of the authority to incur expenditure of the educational
account in the country.
(7) The County Director of Education shall, subject to the authority of the Cabinet Secretary and in consultation with the County Government, perform the
following functions:
(a) implementation of education policies;
(b) co-ordination and supervision of all education officers and support staff at the County level;
(c) management of basic education, adult continuing education, non-formal, special needs education, tertiary and other educational programmes;
(d) initiating educational policies at County level;
(e) liaise with Kenya National Examination Council on management of national examinations;
(f) maintenance of quality assurance and standards in the County;
(g) management and monitoring the implementation of educational programmes;
(h) advising and facilitating the establishment and registration of learning institutions by the County government;
(i) administration of education management information system and the related information and communication technology at the County level;
(j) facilitate auditing of all basic education institutions in the County;
(k) advise the County Education Board on selection and appointment of Boards of Management (BOMs), School Management Committees and Parents Associations;
(l) co-ordinate capacity building and development for officers, school managers, Boards of Management and curriculum implementers;
(m) admissions, transfers and discipline of students;
(n) co-ordination of partners and education providers in the County including links with Government Departments on all education matters;
(o) supervision of handing and taking over in schools and educational institutions in consultation with the Teacher Service Commission;
(p) oversee the proper management and maintenance of school buildings, property and infrastructure development;
(q) monitoring and evaluation of education programmes;
(r) management of co-curricular activities, sports education and talent development in basic education institutions in the County;
(s) any other duties assigned by the Cabinet Secretary.
(8) The County Director of Education shall, in the performance of the functions under subsection (7), have due regard to the teacher management functions provided under Article 237 of the Constitution and the Teachers Service Commission Act.

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Disclaimer: This document is not to be taken as legal advise.

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