Section 95 of The Basic Education Act 2013: 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 provisions of this Act.
(c) on the establishment of Boards of Management for primary schools.
(2) Without prejudice to the generality of subsection (1) the Cabinet Secretary may make regulations to provide for –
(a) an appropriate structure for education and training
(b) incentives to learners, teachers and non teaching staff;
(c) discipline, corrective measures and expulsion to facilitate compliance;
(d) admission, progression and transfer of learner;
(e) integration of the madrassa, Duksi and pastoral programmes of instructions into the formal education system as appropriate to improve access and retention;
(f) to secure appropriate institutional linkages and relative autonomy for the Kenya National Commission for United Nations Educational Scientific and Cultural Organization to enable it to promote education through culture, natural science, social and human sciences, and information and communication
technology.
(3) The Cabinet Secretary may make regulations with respect to the conduct and management of schools and such regulations may-
(a) prescribe standards with regards to the numbers and qualifications of staff, the size of classes and the expenditure on educational standards in accordance with international best practices;
(b) provide for the preparation or approval of curricula, syllabuses, books and other educational materials;
(c) prescribe minimum standards for the health and safety of pupils and for a satisfactory environment for education;
(d) provide for the keeping of registers and records and the submission of returns, including EMIS data;
(e) provide for incentives for submission of reports, returns and related EMIS data;
(f) provide for sanctions and penalties for non-submission and falsification of records, reports, returns, and related EMIS data;
(g) provide for admission, suspension, discipline, punishment and expulsion of pupils;
(h) provide for educational calendar;
(i) prescribe how schools shall be classified;
(j) make different provisions with respect to different classes or kinds of schools, impose conditions and make exemptions;
(k) provide for the promotion, development, management and governance of education through ICT Integration and Education, and EMIS, and statutory structural adjustment;
(l) provide for religious instruction and religious education in basic education having regard to the national values and principles under Article 10 and Chapter Six of the Constitution;
(m) provide for teacher education and development;
(n) provide for the implementation of international instruments on education and child rights to which Kenya is a party; and
(o) provide for or prescribe such other matters as the Cabinet Secretary considers necessary or desirable to provide for or prescribe.
(7) The Cabinet Secretary may make regulations prescribing the duties and rights of students.