The Basic Education Act 2013 in Kenya

This Act may be cited as the Basic Education Act, 2013.

In this Act, unless the context otherwise requires— “accreditation” means the procedure by which the accreditation agency formally recognizes the status of an institution offering basic education and confirms in writing by way of a documentation issued under this Act; “adult” means an individual...

This Act shall apply to all institutions of basic, education under this Act.

The provision of basic education shall be guided by the following values and principles- (a) the right of every child to free and compulsory basic education; (b) equitable access for the youth to basic education and equal access to education or institutions; (c) promotion of quality and...

There is established a Board to be known as the National Education Board. (2) The functions of the Board shall be to advise the Cabinet Secretary, the department of education and related departments on policy matters in respect to– (a) collaboration with the Quality Assurance and Standards...

(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule. (2) Except as provided under the First Schedule, the Board may regulate its own procedure.

(1) The Board shall consist of a chairperson and eight other members appointed by the Cabinet Secretary in accordance with the provisions of this Act. (2) The chairperson shall serve for a term of four years and shall be eligible for reappointment for one further term of four years. (3) The...

(1) A person shall be qualified for appointment as the Chairperson of the Board if such person— (a) holds a degree in education from a university recognized in Kenya; (b) has knowledge and at least fifteen years experience in matters relating to education; (c) has had a distinguished career in...

A person shall not be qualified for appointment as the Chairperson or a member of the Board if such person— (a) is a member of Parliament or a county assembly; (b) is a member of a local authority; (c) is an undischarged bankrupt; or (d) has been removed from office for contravening the...

(1) Upon commencement of this Act or whenever there is a vacancy in the Board, the Cabinet Secretary shall, within fourteen days of the occurrence of the vacancy, appoint a Selection Panel for the purpose of selecting suitable candidates for appointment as the Chairperson or member of the...

(1) The office of the Chairperson or a member of the Board shall become vacant if the holder— (a) dies; (b) resigns from office, by a notice in writing addressed to the Cabinet Secretary; (c) is absent from three consecutive meetings of the Board without good cause; or (d) is removed from office...

The Cabinet Secretary may in consultation with the Board and upon such terms and conditions as may be prescribed, second such officers, agents and other staff as may be necessary for the efficient discharge of the functions of the Board under this Act.

The Board may engage consultants and experts, as it considers appropriate, to assist in the discharge of its functions under this Act.

The Chairperson and members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

(1) The National Education Board shall submit an annual report to the Cabinet Secretary. (2) Notwithstanding subsection (1), Cabinet Secretary may, at any time, require a report from the National Education Board on a particular matter.

(1) The Board shall, through an open, transparent and competitive recruitment process, recommend for appointment by the Cabinet Secretary a suitably qualified person to be the Secretary to the Board. (2) A person shall be qualified for appointment as the Secretary if the person— (a) holds a...

(1) There is established a County Education Board for every county. (2) The County Education Board established under subsection (1) shall be an agent of the National Education Board.

(1) The functions of the County Education Board shall be to- (a) oversee in consultation with the county government, the operation and management of youth polytechnics, pre-primary education including early childhood care and education programmes in the county; (b) coordinate and monitor education...

(1) In carrying out its functions, the County Education Board shall work in consultation and co-operation with the National Education Board. (2) Notwithstanding the provisions of subsection (1), the Cabinet Secretary in consultation with the National Education Board shall make regulations...

(1) Every County Education Board shall consist of a Chairperson, and twelve other members appointed by the Cabinet Secretary through an open and competitive process and shall include - (a) an educationist of at least five years standing, based in the county; (b) the County Director of Education...

(1) The conduct and regulation of the business and affairs of the County Education Boards shall be as provided in the Second Schedule. (2) Except as provided in the Second Schedule, the County Education Boards may regulate its own procedure.

(1) The Chairperson shall serve for a term of four years renewable once. (2) The members shall serve for a renewable term of three years. Provided that the Cabinet Secretary shall by regulation, provide for the staggering of the terms of the inaugural Board members.

The members of the County Education Boards shall be paid such allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission.

The County Education Boards may from time to time co-opt into its membership such persons not being more than three as it is satisfied possess skills and experience to assist in the discharge of the functions of the County Education Board.

(1) A County Education Board may establish such committees as may be appropriate to perform such functions and discharge such responsibilities as it may determine. (2) Without prejudice to the provisions of sub-section (1) the County Education Board shall set up specialized committees on- (a)...

(1) The roles of the county government shall include the provision of funds required for the development of the necessary infrastructure for institutions of basic education and training used for conducting pre-primary education, childcare facilities, homecraft centres and village polytechnics. (2)...

The role of the Sponsor shall be – (a) to participate and make recommendations of review of syllabus, curriculum, books and other teaching aids; (b) representation in the School Management Committees and Board of Management; (c) to provide supervisory and advisory services in matters regarding...

(1) The Cabinet Secretary shall implement the right of every child to free and compulsory basic education. (2) The Cabinet Secretary shall in consultation with the National Education Board and the relevant County Education Board provide for the establishment of- (a) pre-primary, primary and...

(1) No public school shall charge or cause any parent or, guardian to pay tuition fees for or on behalf of any pupil in the school. (2) Notwithstanding subsection (1)- (a) tuition fees may be payable by persons who are not Kenyan citizens; (b) other charges may be imposed at a public school with...

(1) Every parent whose child is – (a) Kenyan; or (b) resides in Kenya shall ensure that the child attends regularly as a pupil at a school, or such other institution as may be authorized and prescribed by the Cabinet Secretary for purposes of physical, mental, intellectual or social development of...