1.Basic Education Act 2013
The act is a major piece of legislation which forms the basis of the nation’s regulations of education with its various sections, schedules, subsidiary legislations and related Acts of parliament.
It has 101 sections
2.TSC Act 2012
The TSC Act provides for:
The establishment of TSC. The Act clearly states the duty of the commission as to; establish and maintain a teachers service adequate to the needs of public schools in Kenya.
Powers of the minister to give direction in matters which appear to him to affect the public interest.
-Maintenance of teachers registers.
-Stating who qualifies to be registered as a teacher.
-Disciplinary procedures for a teacher.
-Establishment of appeals tribunal.
-Establishment of teachers service remuneration committee
-Disbursement of funds from treasury to the commission etc..
3.KNEC Act 2012
The KNEC Act provides for the establishment of KNEC. It states the; Constitution/composition of the council; Powers, procedures and duties of the council in relation to administration of examinations in school, award of certificates and diplomas.
Legal provisions in the administration of exams state that:
“Any person who-
a) Gains access to examinations material, and knowingly reveals the contents, whether orally or in writing, to an unauthorized party, whether candidate or not; or
b) Willfully and maliciously damages examinations material or
c) Is not registered to take a particular councils examination but, with intent to impersonate, presents or attempts to present himself to take the part of an enrolled candidate; or
d) presents a forged certificate or diploma to a prospective employer or to an institution of learning with intent to gain employment or admission, shall be guilty of an offence and liable to imprisonment for a term not exceeding 12 months or to a fine not exceeding five thousand shillings or both such imprisonment and fine.
4.Public Health Act Cap 242 – 1972
Provides for various health issues.
In school administration it provides for;
-Sanitation and housing standards.
-Protection of foodstuffs.
-Prevention and suppression of infectious diseases.
-Public water supplies and handling of food stuffs.
5.Labour relations Act 2007
Replaced trade disputes Act.
It is an Act of parliament to consolidate the law relating to trade unions and trade disputes, to provide for the registration, regulation, management and democratization of trade unions and employers organizations or federations to promote sound labour relations through the protection and promotion of freedom of association, the encouragement of effective collective bargaining and promotion of orderly and expeditious dispute settlement, conducive to social justice and economic development and for connected purposes.
Provided in this Act:
-Every employee has the right to participate in forming a trade union of federation of trade unions.
-Join a trade union and participate in its activities.
-Leave a trade union.
-Procedure for registering an employers federation and or a trade union.
-Mode of operating a trade union or a federation.
-Mode of resolving a trade dispute.
When and how to enter into a strike or a lock out.
6.Employment Act 2007
This Act repealed the earlier Employment Act.
It declares and defines the fundamental rights of employees. Provides basic conditions of employment of employees and regulates employment of children.
The Act:
-Prohibits forced labour.
-Prohibits discrimination in employment. It states
1. “it shall be the duty of the minister, labour officers and the industrial court to:
a) Promote equality of opportunity in employment in order to eliminate
discrimination in employment and
b) Promote and guarantee equality of opportunity for a person who, is a migrant
worker or a member of the family of the migrant worker, lawfully within Kenya.
2. An employer shall promote equal opportunity in employment and strike to eliminate
Discrimination in any employment policy or practice.
3. No employer shall discriminate against any employee or prospective employee or
harass any employee or prospective employee on grounds of race colour, sex,
language, religion, political or other opinion, nationality, ethnic or social origin,
disability, pregnancy, mental status or HIV status.
The Act also details what sexual harassment is and when one is harassed sexually in a place of work.
-It states employment relationship.
For example how to enter an employment contract. For instance part II 9 (2) states “ an employer who is a party to a written contract of service shall be responsible for causing the contract to be drawn up stating particulars of employment and that the contract is consented to by the employee.’
-It states the contents of an employment contract.
Also states how wages should be paid
-It also states rights and duties in employment eg basic minimum conditions of employment, hours of work, annual leave, maternity leave, sick leave, housing, medical attention etc.
7.National Flag Emblems and Names Act Cap 99 of 1963 Revised 1970
It is an act of parliament to prevent the improper use of the national flag and certain emblems, names, words and likeness for professional and commercial purposes and to prohibit the display of certain flags.
The act deals with
-Meaning and identity of the national flag and emblems
-Use of the national flag and emblems
-Display of national flag and emblems
8.The Kenya Literature Bureau Act Cap 209 of 1980
An act of parliament to establish the Kenya literature bureau.
The functions of the bureau are to:
-Carry on the business of publishing, printing, and distributing literature educational cultural and scientific books, periodicals, journals, magazines and works of every description.
-Acquire copy rights
-Encourage Kenyan writers by giving them incentives to publish.
9.Jomo Kenyatta foundation Act cap. 486 of 1966
To print and publish education materials
N/B The publishing firms are semi- autonomous government agencies. They have; a seal can hire and fire, can sue and can be sued.
T-heir basic function is seen on improving quality of education through instructional materials and scholarships. They also organize seminars and workshops.
10. Science and Technology Act 2013
This is an act of parliament to establish machinery for making available to the government advice upon all matters relating to the scientific and technological activities and research necessary for the proper development of the republic, and for the experimental development.
The act provides for the establishment of the science council whose functions includes but not limited to;
-Science education; not only at the advanced level in respect of quality and quantity of potential manpower training but also at lower levels in respect of general science education for the public and scientific documentation, statistics, surveys and general information.
11.Higher Education Loans Board Act cap 213A revised 1995
The act provides for financing of higher education through student loans in Kenya.
12.Public Officers’ Ethics act No. 4 of 2003
-States the need for the integrity among public officers. Officers are expected to perform their duties effectively and honestly, exercise professionalism, carry out duties according to the law, avoid conflict of interest, observe political neutrality, care for public property, should not misled the public, sexual harassment, confidentiality of information.
13.Anti- corruption and Economic crimes Act No. 3 of 2003.
This is an Act of parliament that provides for the prevention, investigation, and punishment of corruption, economic crimes and related offences.
-Public officer are expected to protect public property and revenue, avoid abuse of office, avoid conflict of interest etc. Generally the Act regulates the conduct of officers to avoid corruption that will compromise their work.
14.Children’s Act cap 586 Laws of Kenya of 2001.
It is land mark legislation in Kenya. Its legislation was hailed as new dawn of hope for the rapid development and effective protection of Kenya’s children. It harmonized the hitherto scattered legislation on children. It was also the first law to domesticate an international treaty- the 1989 UN convention on the Rights of the Child. (CRC).
-Among its key social welfare provisions is the guarantee for free and compulsory basic education, and the right to quality healthcare.
-It states: ‘Every child shall be entitled to education the provision of which shall be the government and the parents.’
‘Every child shall be entitled to free basic education which shall be compulsory in accordance with article 28 of the United Nations Convention on the rights of the child.
15.Sessional Paper No. 6 of 1988 Education and Manpower Training For the Next Decade and Beyond – (Kamunge Report)
Prepared after the Kamunge report to implement the recommendations contained in the report.
The sessional paper therefore constitutes the governments policy statements based on the proposals and recommendations of the presidential working party on education and manpower training for the next decade and beyond.
The policy made recommendations in the education system.
One of the major recommendations which affected management of education was introduction of cost sharing in financing of education in Kenya.
In the management of education it was recommended:
Inspection services be intensified by strengthening the district offices.
Strengthening the DEBs to enable them deal with all educational matters in the district.
Training of institutional managers in financial management
Strengthening the audit units for the school to cover all schools including Harambee schools.
Educational managers, administrators supervisors and planners be trained in technological and managerial skills to enable them utilize existing technology to obtain data and information for effective management and policy decisions.
Enforce registration for all teachers.
Decentralization of TSC and hearing of minor disciplinary cases be at district level.
Members of BOGs and school committees be appointed from persons who have qualified for commitment, competence, and experience which would enhance the managerial and development of the educational institutions etc..
Titany answered the question on August 20, 2021 at 09:34