KENYA NATIONAL QUALIFICATIONS FRAMEWORK ACT

1 LAWS OF KENYAKENYA NATIONAL QUALIFICATIONS FRAMEWORK ACTNO. 22 OF 2014 Revised Edition 2018 [2014]Published by the NATIONAL Council for Law Reportingwith the Authority of the [Rev. 2018] KENYA NATIONAL QUALIFICATIONS FrameworkNo. 22 of 20143NO. 22 OF 2014 THE KENYA NATIONAL QUALIFICATIONS FRAMEWORK ACTARRANGEMENT OF SECTIONSPART I of the of NATIONAL qualificationsPART II THE KENYA NATIONAL QUALIFICATIONS of the of the of the of the in the of the of the by the of of the of III FINANCIAL of the and IV from to of of to dissolve AS TO THE CONDUCT OFBUSINESS AND AFFAIRS OF THE COUNCIL[Rev.]

2 2018] KENYA NATIONAL QUALIFICATIONS FrameworkNo. 22 of 20145No. 22 OF 2014 KENYA NATIONAL QUALIFICATIONS FRAMEWORK ACT[Date of Assent: 24th December, 2014.][Date of commencement: 14th January, 2015.]AN ACT of Parliament to establish the KENYA NATIONAL QualificationsAuthority; to provide for the development of a KENYA QualificationsFramework and for connected purposesPART I PRELIMINARY1. Short titleThis Act may be cited as the KENYA NATIONAL QUALIFICATIONS FRAMEWORK Act, InterpretationIn this Act, unless the context otherwise requires "accreditation " means procedure by which institutions offering educationand training are formally recognized as having met the standards set out invarious laws of KENYA ;"Authority" means the Authority established under section 6(1); Cabinet Secretary means the Cabinet Secretary for the time beingresponsible for matters relating to education.

3 "Council" means the Council established under section 10 (1);"Director-General" means the Director-General of the Authority appointedunder section 13 (1); and NATIONAL QUALIFICATIONS FRAMEWORK " means the NATIONAL system for thearticulation, classification, registration, quality assurance, and the monitoringand evaluation of NATIONAL QUALIFICATIONS as developed in accordance with thisAct;" QUALIFICATIONS " means qualification in education and training asrecognized by the Authority in accordance with this Act;"training" means any activity aimed at imparting skills, knowledge,competences, values, attitudes and information towards assisting the recipientimprove their performance;3.

4 Guiding PrinciplesThe guiding principles for the FRAMEWORK shall be, among others, to promoteaccess to and equity in education, quality and relevance of QUALIFICATIONS evidencebased competence, and flexibility of access to and affordability of education,training assessment and Objects of the ActThe object of this Act is to (a)establish the KENYA NATIONAL QUALIFICATIONS Authority;No. 22 of 2014 KENYA NATIONAL QUALIFICATIONS FRAMEWORK [Rev. 2018]6(b)establish standards for recognising QUALIFICATIONS obtained in Kenyaand outside KENYA ;(c)develop a system of competence, life-long learning and attainment ofnational QUALIFICATIONS ;(d)align the QUALIFICATIONS obtained in KENYA with the global benchmarksin order to promote NATIONAL and trans- NATIONAL mobility of workers;(e)strengthen the NATIONAL quality assurance systems for nationalqualifications; and(f)facilitate mobility and progression within education, training andcareer paths5.

5 Award of NATIONAL QUALIFICATIONS (1) An institution shall not award NATIONAL QUALIFICATIONS unless such aninstitution is (a)recognised or accredited in accordance with this Act; or(b)a university accredited in accordance with the Universities Act ( of 2012).(2) Any person who contravenes the provisions of this section commitsan offence and shall be liable upon conviction to imprisonment for a term notexceeding six months or to a fine not exceeding five hundred thousand shillingsor to II THE KENYA NATIONAL QUALIFICATIONS AUTHORITY6.

6 Establishment of the Authority(1) There is established an authority known as the KENYA Establishment of theNational QUALIFICATIONS Authority.(2) The Authority shall be a body corporate with perpetual succession and acommon seal and shall, in its corporate name, be capable of (a)suing and being sued;(b)taking, purchasing or otherwise acquiring, holding, charging anddisposing of movable and immovable property; and(c)doing or performing such other things or acts as may be necessaryfor the proper performance of its functions under this Act as may beproperly performed by a body Headquarters of the Authority(1) The headquarters of the Authority shall be in Nairobi.

7 (2) The Authority may establish such other offices in KENYA as the Council maydeem Functions of the Authority(1) The functions of the Authority shall be to (a)co-ordinate and supervise the development of policies on nationalqualifications;(b)develop a FRAMEWORK for the development of an accreditation systemon QUALIFICATIONS ;(c)develop a system for assessment of NATIONAL QUALIFICATIONS ;[Rev. 2018] KENYA NATIONAL QUALIFICATIONS FrameworkNo. 22 of 20147(d)develop and review interrelationships and linkages across nationalqualifications in consultation with stakeholders, relevant institutionsand agencies;(e)maintain a NATIONAL database of NATIONAL QUALIFICATIONS ;(f)publish manuals, codes and guidelines on NATIONAL QUALIFICATIONS ;(g)advise and support any person, body or institution which isresponsible for the award of NATIONAL QUALIFICATIONS ;(h)publish an annual report on the status of NATIONAL QUALIFICATIONS .

8 (i)set standards and benchmarks for QUALIFICATIONS and competenciesincluding skills, knowledge, attitudes and values;(j)define the levels of QUALIFICATIONS and competencies;(k)provide for the recognition of attainment or competencies includingskills, knowledge, attitudes and values;(l)facilitate linkages, credit transfers and exemptions and a vertical andhorizontal mobility at all levels to enable entry, re-entry and exit; and(m)conduct research on equalization of QUALIFICATIONS ;(n)establish standards for harmonization and recognition of NATIONAL andforeign QUALIFICATIONS ;(o)build confidence in the NATIONAL QUALIFICATIONS system that contributesto the NATIONAL economy;(p)provide pathways that support the development and maintenance offlexible access to QUALIFICATIONS ;(q)promote the recognition of NATIONAL QUALIFICATIONS internationally.

9 And(r)perform such other functions as may be provided under this Powers of the Authority(1) The Authority shall have all the power necessary for the performance of itsfunctions under this Act.(2) Despite sub-section (1), the Authority shall have power to (a)manage, control and administer the assets of the Authority in suchmanner and for such purposes that promote the purposes for whichthe Authority is established;(b)receive gifts, grants, donation, endowments or any other moniesmade to, and in respect of, the Authority and make any disbursementsfrom such monies in accordance with this Act.

10 (c)enter into association with such other bodies or organisations inKenya or outside KENYA as it may consider appropriate to promotethe purposes for which the Authority is established;(d)open and maintain a bank account or account for the funds of theAuthority; and(e)offer services to any person upon such terms as the Council The Council(1) The management of the Authority shall vest in a Council which comprisesof (a)a chairperson appointed by the Cabinet Secretary;No.