BASIC EDUCATION ACT

1 LAWS OF KENYABASIC EDUCATION ACTNO. 14 of 2013 Revised Edition 2013 Published by the National Council for Law Reportingwith the Authority of the EducationNO. 14 OF2013[Rev. 2013] BASIC EducationNO. 14 OF2013B4A - 3[Issue 2]NO. 14 OF 2013 BASIC EDUCATION ACTARRANGEMENT OF SECTIONSPART I II ESTABLISHMENT, POWERS ANDFUNCTIONS OF THE NATIONAL EDUCATION and functions of the of business and affairs of the of the for appointment as chairperson or member of the from and term of Chairperson and of and removal from of the and of the to the III COUNTY EDUCATION EDUCATION of the County EDUCATION with National EDUCATION of the County EDUCATION of business and affairs of the County EDUCATION of members of the County EDUCATION of the County EDUCATION of the County EDUCATION of county of IV free AND compulsory of child to free and compulsory

2 Primary and secondary of parents and payment of fee for 14 OF2013 BASIC EDUCATION [Rev. 2013][Issue 2]B4A - of age for denial of and prohibition of holding back and against physical punishment and mental against employment of a child of compulsory school of the of a principal or head V SYSTEMS AND STRUCTURE OF BASIC of of of VI PROMOTION OF SPECIAL NEEDS and management of special in special needs of County EDUCATION Board to provide child guidance of child with special needs by County EDUCATION provision for children with special VII PRIVATE EDUCATIONAL of private of private to attend a private and rights of a private VIII

3 GOVERNANCE AND MANAGEMENTOF BASIC EDUCATION AND and management of EDUCATION and of governance and management in of of Board of of members of Boards of of a Management Committee of pre-primary of the Board of report on of the Board of Management of a BASIC EDUCATION to the Board of of the members of the Board of IX STANDARDS, QUALITY AND of the EDUCATION Standards and Quality Assurance and staff at EDUCATION Standards and Quality Assurance of the Quality Assurance and Standards Secretary and promoters to be responsible for maintenance of Qualifications Framework Accounts and Audit.

4 [Rev. 2013] BASIC EducationNO. 14 OF2013B4A - 5[Issue 2] of standards, quality and and international standards and quality , quality and relevance in on standards, quality and and guidelines on of development and examination of own X LICENSING, REGISTRATION AND ACCREDITATIONPROCEDURES IN BASIC EDUCATION AND , registration and accreditation of persons and institutions of EDUCATION ,training and of application by the County EDUCATION to promote without being licensed or accredited and EDUCATION Board to maintain a , regulations and guidelines on of an institution of BASIC EDUCATION and to County EDUCATION Board for establishment of a BASIC and against decision of County EDUCATION XI FINANCIAL of BASIC and Audit of departments or based of XII GENERAL EDUCATION Appeals of the National Council for Nomadic XIII REPEAL, SAVINGS AND TRANSITIONAL of proceedings and rights of of periods of of licences, certificates and of property, assets, liabilities and SCHEDULE CONDUCT OF BUSINESS AND AFFAIRS OF THE NATIONALEDUCATION BOARDNO.

5 14 OF2013 BASIC EDUCATION [Rev. 2013][Issue 2]B4A - 6 SECOND SCHEDULE CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNTY EDUCATIONBOARDSTHIRD SCHEDULE ESTABLISHMENT AND FUNCTIONS OF PARENTS ASSOCIATIONFOURTH SCHEDULE CONDUCT OF BUSINESS AND AFFAIRS OF THE BOARD OFMANAGEMENTFIFTH SCHEDULE SPECIAL BOARD OF ADULT AND CONTINUING EDUCATIONSIXTH SCHEDULE ESTABLISHMENT AND FUNCTIONS OF THE NATIONAL COUNCIL FORNOMADIC EDUCATION IN KENYA[Rev. 2013] BASIC EducationNO. 14 OF2013B4A - 7[Issue 2]NO. 14 OF 2013 BASIC EDUCATION ACT[Date of assent: 14th January, 2013.][Date of commencement: 25th January, 2013.]

6 ]An Act of Parliament to give effect to Article 53 of the Constitution andother enabling provisions; to promote and regulate free and compulsorybasic EDUCATION ; to provide for accreditation, registration, governanceand management of institutions of BASIC EDUCATION ; to provide for theestablishment of the National EDUCATION Board, the EDUCATION Standardsand Quality Assurance Commission, and the County EDUCATION Board andfor connected purposes[Act No. 14 of 2013.]PART I PRELIMINARY1. Short titleThis Act may be cited as the BASIC EDUCATION Act, InterpretationIn this Act, unless the context otherwise requires accreditation means the procedure by which the accreditation agencyformally recognizes the status of an institution offering BASIC EDUCATION andconfirms in writing by way of a documentation issued under this Act; adult means an individual who has attained the age of eighteen years.

7 Adult and continuing EDUCATION means the learning processes withinthe perspective of lifelong learning in which an adult or out-of-school youthis granted an opportunity in an institution of BASIC EDUCATION for purposes ofdeveloping abilities, enriching knowledge and improving skills; adult BASIC EDUCATION means BASIC EDUCATION offered as a full-time orpart-time course to a person who is above the age of eighteen years andincludes EDUCATION by correspondence, the media of mass communication andthe use of libraries, museums, exhibitions or other means of visual or auditorycommunication for educational purposes and Adult learning shall be construedaccordingly.

8 BASIC EDUCATION means the educational programmes offered andimparted to a person in an institution of BASIC EDUCATION and includes Adultbasic EDUCATION and EDUCATION offered in pre-primary educational institutionsand centres; Cabinet Secretary means the Cabinet Secretary for the time beingresponsible for matters relating to BASIC EDUCATION and training; child means an individual who has not attained the age of eighteen years;NO. 14 OF2013 BASIC EDUCATION [Rev. 2013][Issue 2]B4A - 8 community means persons residing in the neighbourhood of a basiceducation institution; County Director of EDUCATION means a Director appointed under section52; County EDUCATION Board means a Board established as an agency ofthe national Government to serve the relevant county under section 17; curriculum means all the approved subjects taught or programmesoffered and includes all the activities provided at any institution of basiceducation; Director-General means a person appointed under the Public ServiceCommission Act (Cap.)

9 185) and responsible to the Cabinet Secretary; Duksi means Islamic elementary institution that offers Quranic educationand other related subjects; EDUCATION Appeals Tribunal means the Appeals Tribunal establishedunder section 92; EMIS means Educational Management Information System; EDUCATION Standards and Quality Assurance Commission (ESQAC) means the Commission established under section 62; formal EDUCATION means the regular EDUCATION provided in the system ofschools, and other formal educational institutions; headteacher has the meaning assigned to it under the Teachers ServiceCommission Act (Cap.

10 212); ICT Integration and EDUCATION means the seamless incorporation ofinformation communication technologies to support and enhance the attainmentof curriculum objectives, to enhance the appropriate competencies includingskills, knowledge, attitudes and values and to manage EDUCATION effectively andefficiently at all levels; institution of BASIC EDUCATION and training means a public or privateinstitution or facility used wholly or partly, regularly or periodically for conductingbasic EDUCATION and training and includes a school, a tuition facility, aneducational centre, an academy, a research institution, a school correctionalfacility or a borstal institution; Madrassa means the structural Muslim educational institutions or schoolsthat offer Islamic and other subjects and are laddered from primary tosecondary.