CHAPTER 4
LEGAL ASPECTS GOVERNING THE MANAGEMENT EDUCATIONAL
INSTITUTIONS: by Jenifer J Ondieli (PhD)
The Basic Education Act, 2013
Is an act of Parliament to give effect to article 53 of the constitution and other enabling
provisions;
- to promote and regulate free and compulsory basic education;
- to provide for accreditation, registration, governance, and management of institutions of
basic education,
- to provide for the establishment of The National Education Board, the Education Standards
and Quality Assurance Commission, and the County Education Board.
Basic education means educational programs in pre-primary, primary, secondary, and adult
basic education.
CEB means board established as an agency of the national government to serve the relevant
county under section 17.
NEB = the National Board for Education and Training established under section 5 of this act
Functions of the NEB
- To advice the CS, the department of Education and related departments on policy matters
- promote standards in basic education and training in collaboration with TSC, Quality
Assurance & other stakeholders.
- to facilitate the realization of right to education by all Kenyans by working with all relevant
authorities and agencies to remove all barriers
- approve the establishment of basic education institutions
- ensure all children attend and remain in school to complete basic education requirements.
- generate and publish an annual report on the state of education of education and service
delivery in the country.
Composition of the board
- a chairperson and 8 other members appointed by the CS.
- chairperson serves for four years and is eligible for re-appointment for one more term while
the members serve for three years
- chairperson is a degree holder in education from a recognized university in Kenya
- has knowledge 15 years’ experience in matters relating to education
- has a career in their respective fields
- meets the requirements of Chapter 6 of the constitution
- a member of the board is a degree holder from a recognized University
- has knowledge and 10 years’ experience in education, management, finance, governance,
human rights, law, economics, or public administration
- meets the requirements of chapter 6 of the constitution.
Disqualification from appointment
- If one is member of parliament, county assembly or a local authority,
- bankrupt
- removed from office buy contravening the constitution or any other written law.
Selection panel: Purpose is to select suitable candidates to the board.
- chairperson
- two persons from heads Association
- CS representative to be the secretary
- one person to represent the PSC
- one person to represent national council for PWD
- 3 persons from NCCK, Kenya Episcopal Conference & Muslim Education Council.
- one person to represent Kenya private sector alliance
-1 person to represent TSC
-2 persons to represent trade unions of teachers
- one person from the children's right
- one person for Association of parents
In short listing, nominating or appointing persons, the selection panel and the CS observe the
principle of gender equity, regional, ethnic and religious balance, transparency, openness and
competitiveness, and due regard to equal opportunities for PWD.
office becomes vacant if the holder:
- dies
- resigns from office by written notice to the CS
- absent in 3 consecutive meetings
- is removed from office in accordance to subsection 2 which says:
- contravention of chapter six
- serious violation of this act or any other law
- gross misconduct
- physical or mental incapacity to perform the functions of office
- incompetence
- is bankrupt
County Education Board (CEB)
Each county has a board to run the following functions:
a. Oversee the operation and management of youth polytechnics & pre-primary education
b. Coordinate and monitor education and training
c. Interpret national policies in education based on the County's needs
d. Initiate proposals for policy reforms
e. Plan, promote, develop, co-ordinate education training and research.
f. Collarbone board of management, the Principal/ head teacher appropriate authorities
management of basic schools
g. Register and maintaining a databank of all education and training institutions within the
County
h. Monitor curriculum implementation
I. Monitor the conduct of examinations and assessment of basic education collaboration with
relevant national bodies
j. Collaborate with the TSC on teacher management within the County
k. Prepare and submit comprehensive family annual report including educational
management information system (EMIS) data to the CS on all areas of its mandate including
education and training Services, curriculum, policy implementation and school-based audit
report.
l ensure barriers to Quality education are removed to facilitate realisation of the right to
education.
m. Put measures in place to ensure all children and youth attend and stay in school to
complete basic education
n. Perform such other functions as may be necessary for the better carrying out of the
functions of the County education board act or any other written law.
The CEB may consult the NEB & other stakeholders to appoint a sub-county education office
with clear functions and powers.
Every CEB consist of a chairperson and 12 other members appointed by the CS.
The CDE is the secretary to the CEB. Other representatives are like those in the NEB.
CEB members shall have a minimum qualification of Secondary Education certificate.
The tenure and remuneration is similar to that of NEB.
The CEB shall set up specialized committees on:
- finance, audit and human resources
- basic education
- special needs education
- early childhood Care and education
- vocational institutions and youth polytechnics
- standards and quality assurance
- assessment and examinations
- dispute resolution
- human rights and gender.
The Board of Management (BoM)
Is a collective name given to individuals who oversee the operations of an education
institution. BoMs are the Agents of the Ministry of Education and TSC. The BoM manages
finances, physical and material resources, student discipline, human resource, curriculum,
policy implementation and community relations.
Composition of BoM Members
1. Six elected parents of the students in school
2. One person from county education board
3. One member of the teaching staff
4. Three representatives of the sponsor of the school
5. one person to represent special groups
6. one person to represent persons with special needs
7. A representative of the students Council
8. member of the of the National assembly
9. The principal of the school shall be the secretary.
BoM Functions
- prepare and submit to the minister for approval estimates of revenue and expenditure
- establish strategic direction and priorities for the school (superintend the mgt of the sch)
- monitor and review school performance and report it two parents & relevant stakeholders
- develop, maintain and review curriculum of the school
- develop and review education policies at the school
- develop budgetary policies and approve the school budget (oversea collection of funds,
authorize and scrutinize disbursement, incur expenditure on various activities of the school
as per the approved budget and determine fee & bursary award to needy students.
- established policies the efficient and effective use of school assets.
- develop relationships between the school and the community/ community organisations
- make recommendations to the director on issues affecting the school.
- encourage parent participation in the children's learning
- recruitment & supervision of the teaching (BoM) and non-teaching staff
The BoM ensures proper books of accounts and other related records ( in respect of all funds,
property & transactions) are well kept . CS appoints controller & audit general to examine
and report annual accounts and financial records of a board.
The aim of National Education Quality Assurance and Standards Framework (NEQASF)
Ensure an integrated and collaborative approach in improving quality and relevance of basic
education in an equitable and inclusive manner
The major roles played by QASOs during curriculum supervision include: visiting teachers in
the classroom to observe their teaching methodologies; checking lesson preparation, checking
records and schemes of work and also ensuring teachers have adequate teaching and learning
materials
Quality assurance is important for accountability as well as to support ongoing development
of schools and of teaching and learning. Well-functioning systems have mechanisms to
support and balance vertical and horizontal, internal and external accountability
