Provisions
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(1) The Commission shall have all powers necessary for the execution of its functions under the Constitution and this Act. (2) In the performance of its functions and in the exercise of its powers, the Commission— (a) may inform itself in such manner as it considers appropriate; (b) may receive writ…
(1) The Commission may from time to time establish such committees as may be necessary for the better carrying out of its functions and the exercise of its powers. (2) Without prejudice to the generality of subsection (1), the committees may deal with issues relating to recruitment, promotion, dispu…
(1) The Commission may create within itself such directorates, divisions or units and appoint thereto such staff in accordance with the Regulations. (2) Each directorate, division or unit created under subsection (1) shall act in accordance with the mandate approved by the Commission and directives…
(1) The business and affairs of the Commission shall be conducted in accordance with the Second Schedule. (2) Except as provided in the Second Schedule, the Commission may regulate its own procedure. (3) The Commission may invite any person to attend any of its meetings and to participate in its del…
(1) The appointment of the Secretary to the Commission under Article 250(12) of the Constitution shall be through a competitive recruitment process. (2) A person shall not qualify for appointment under subsection (1) unless such a person— (a) is a citizen of Kenya; (b) holds a degree in education fr…
(1) The Secretary may only be removed from office by the Commission, in accordance with the terms and conditions of service, for— (a) inability to perform the functions of the office arising out of physical or mental infirmity; (b) gross misconduct or misbehavior; (c) incompetence or neglect of duty…
(1) There shall be a secretariat of the Commission which shall be headed by the Secretary. (2) In addition to the professional, technical and administrative staff appointed by the Commission under Article 252(1)(c) of the Constitution, the Government may, upon the request by the Commission, second t…
(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept in the custody of the Secretary and shall not be used except on the order of the Commission. (2) The affixing of the seal shall be authenticated by the Chairperson and the Secretary or any ot…
Subject to this Act, the Commission may, either generally or in particular case, delegate to any committee or to any member, officer, staff or agent of the Commission the exercise of any of the functions of the Commission under this Act.
(1) Proceedings against the Commission shall be deemed to be proceedings against the Government and shall be subject to the Government Proceedings Act (Cap. 40). (2) Any notice or other processes in respect of legal proceedings under subsection (1) shall be served upon the Secretary to the Commissio…
(1) No matter or thing done by a member of the Commission or any officer, staff or agent of the Commission shall, if the matter or thing is done in good faith for executing the functions, powers or duties of the Commission, render the member, officer, staff or agent personally liable to any action,…
(1) The Commission shall, in accordance with Article 237 of the Constitution, be responsible for the registration of trained teachers in the teaching service. (2) A person shall not engage in the teaching service unless such person is registered as a teacher under this Act.
(1) The Commission shall cause to be kept a register which shall contain— (a) the names and addresses of every teacher registered under this Act; (b) the qualifications in respect of which the registration is granted; and (c) such other particulars as may from time to time be prescribed by the Commi…
(1) A person who qualifies to be registered as a teacher under this Act may apply to the Commission in the prescribed manner. (2) An application made under subsection (1) shall be accompanied by— (a) certified copies of certificates and other documents as are necessary to prove the applicant’s quali…
A person shall be eligible to be registered as a teacher if such person— (a) is of good moral character; and (b) holds a relevant certificate issued to him or her under any law relating to education and training or regulations made under this Act.
The Commission shall not register a person as a teacher if such person— (a) does not possess the prescribed qualifications; (b) is not of good moral character; (c) has been convicted of a sexual offence or an offence committed against a learner; (d) has been convicted of a criminal offence which, in…
(1) The Commission shall issue to every teacher who is registered under this Act a certificate of registration in the prescribed form. (2) A certificate of registration issued under this section shall be under the seal of the Commission.
(1) The Commission may, from time to time and as soon as is reasonably practicable make such alterations to the register as are necessary to correct any error in the particulars entered in the register. (2) An alteration under subsection (1) may be made by the Commission on its own motion or at the…
(1) The Commission may, after inquiry, cause to be removed from the register the name of any person — (a) who has died; (b) who the Commission is satisfied has obtained registration through fraudulent means; (c) who has been convicted of a sexual offence or an offence against a pupil or student; (d)…
(1) Where the name of any person has been removed from the register, the Commission may, either of its own motion or on the application of the concerned teacher made in the prescribed manner, and in either case after observing due process, direct that— (a) the removal of that teacher’s name from the…
(1) The Commission shall cause to be published and publicized annually, in an accessible manner, a list containing the names, addresses and qualifications of all registered teachers appearing on the register as at the thirty first day of December in the previous year. (2) Notwithstanding subsection…
(1) The Commission may, subject to the regulations made under this Act, take disciplinary action against any person registered as a teacher under this Act. (2) Subject to subsection (1), the discipline of teachers not in the employment of the Commission shall be limited to offences leading to remova…
(1) A registered teacher shall be deemed to be a teacher in the teaching service, save as otherwise provided in this Act or any other law, and shall be subject to the law and regulations from time to time in force in respect of the service. (2) Disciplinary offences include the offences prescribed i…
(1) The Commission shall take all necessary steps to ensure that persons in the teaching service comply with the teaching standards prescribed by the Commission under this Act. (2) For purposes of subsection (1), the Commission shall— (a) require every registered teacher to undertake career progress…
(1) The funds of the Commission shall consist of— (a) monies allocated by Parliament for purposes of the Commission; (b) grants, gifts, donations or other endowments given to the Commission; (c) such funds as may vest in or accrue to the Commission in the performance of its functions under this Act…
(1) The salaries and allowances payable to, and other terms and conditions of service of the Chairperson and members of the Commission shall be determined by the Salaries and Remuneration Commission. (2) The staff of the Commission recruited by the Commission under Article 252(1)(c) of the Constitut…
(1) Before the commencement of each financial year, the Commission shall cause to be prepared estimates of the revenue and expenditure of the Commission for that year. (2) The annual estimates shall make provision for all the estimated expenditure of the Commission for the financial year concerned.…
The financial year of the Commission shall be the period of twelve months commencing on the first of July and ending on the thirtieth of June of the subsequent year.
(1) The Commission shall cause to be kept all proper books and records of account of the income, expenditure, assets and liabilities of the Commission. (2) Within a period of three months after the end of each financial year, the Commission shall submit to the Auditor-General the accounts of the Com…
(1) The report of the Commission under Article 254 of the Constitution, shall, in respect of the year to which it relates— (a) the financial statements of the Commission; (b) a description of the activities of the Commission; and (c) any other information relating to its functions that, the Commissi…