An Act of Parliament to amend the Basic Education Act.
| PROPOSED PROVISION FOR AMENDMENT | PROPOSED AMENDMENT | OUR COMMENTS |
|---|---|---|
Insertion of new section 18 (A) in No. 14 of 2013 The Sub- County Education Board | A County Education Board shall, in consultation with the National Education Board and relevant stakeholders, establish a Sub- County Education Board for every sub-county in the respective county. The Sub- County Education Board shall be an agent of the County Education Board. The Sub- County Education Board shall: a. register and establish a data bank of all education and training institutions in the sub-county; b. in consultation with residents of the sub-county, recommend institutions that may receive funding for development infrastructural funding; c. review the Board of Management reports of the respective schools within the Sub- County and, submit the reports to the County Education Board; d. assess the budgetary requirements of learning institutions in the sub-county and develop allocation programmes, including programmes on allocation of institutional lunch; and e. perform any other function that may be assigned by the Board under this Act. | For sub-clause (3) (a), a data bank allows easy access to comprehensive and up-to-date information about various education institutions. It allows stakeholders to obtain accurate information on educational institutions, such as their programs, courses, and facilities. This allows effective decisions to be made on educational institutions on a case-by-case basis. |
For sub-clause (3) (b), this proposal will contribute to the improvement and advancement of the education sector i.e., residents will inform the Sub-County Education Board of education and learning institutions in the sub-county that are being underfunded. This will lead to additional funds being provided which will be used to improve the educational infrastructure in the educational institution. |
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For sub-clause (3) (d), understanding the budgetary requirements allows learning institutions to effectively plan their financial resources. A well-planned budget ensures that funds are allocated appropriately, leading to a smooth running of the educational institution’s operations. |
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Insertion of new section 18 (B) in No. 14 of 2013 Consultation with the County Education Board | The Sub- County Education Board shall consult with the County Education Board in the performance of its functions. Despite the provisions of subsection (1), the Cabinet Secretary shall in consultation with National Education Board, through the existing mechanisms for coordination of inter-governmental relations, make regulations prescribing the coordination between the National Education Board, the County Education Boards, and the Sub- County Education Boards. | This is a good proposal as the County Education Board is responsible for coordinating and monitoring education and training in the county on behalf of the national and county governments. |
Insertion of new section 18 (C) in No. 14 of 2013 Composition of the Sub- County Education Board | Every Sub- County Education Board shall consist of a Chairperson and six other members appointed by the Cabinet Secretary through an open and competitive process. The Board members under subsection (1) shall include: a. the Member of Parliament for each of the constituencies within the sub-county; b. the Sub- County Director of Education or a designate of the sub-county Director of Education; c. the County Executive in charge of Education or a designate of the County Executive in charge of Education; d. one person designated by the Teachers Service Commission; e. one person designated by an association of private schools in the sub-county; f. one person nominated by the most representative Teachers Trade Union; and g. an educationist of at least five years standing based in the sub-county nominated by the most representative Parents Teachers Association in the sub-county. In appointing the Chairperson and members of the Board, the Cabinet Secretary shall ensure: a. that not more than two-thirds of the members are of the same gender; b. equal opportunities for persons with disabilities and other marginalized groups; and c. that the appointees to the Board reflect the interests of all sections of society. The Chairperson of a Sub-County Education Board shall possess minimum qualification of a master’s degree, or any other post-graduation qualification and the members shall possess minimum qualification of a degree. The Board Member appointed under subsection (2) (b) shall be the Secretary to the Sub-County Education Board. The staff of the Sub- County Education Board shall be persons serving under the County Public Service Board of the respective County. The Second Schedule shall apply to the conduct of the business and affairs of a Sub- County Education Board with necessary modification and, except as provided in the Second Schedule, a Sub County Education Board may regulate its own procedure. | For sub-clause (1), an open and competitive appointment process ensures that positions in an organization are filled based on merit and qualifications rather than bias. It allows a fair evaluation of the candidates’ skills, experience, and expertise, ensuring that the most qualified individuals are selected. |
Sub-clause (2) (f) of the Bill is ambiguous. We propose changing the sub-clause to: “One person nominated by a representative of the Teachers Service Commission”. This proposal enhances clarity by removing the ambiguity in the sub-clause. |
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Sub-clause (2) (g) of the Bill is ambiguous. We propose changing the sub-clause to: “An educationist of at least five years standing based in the sub-county nominated by a representative of the Parents Teachers Association in the sub-county”. This proposal enhances clarity by removing the ambiguity in the sub-clause. |
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For sub-clause (3), an appointment that considers the provisions of paragraphs (a) to (c) fosters diversity and inclusion by providing equal opportunities for individuals from various backgrounds to compete for vacant positions. Secondly, paragraph (b) complies with articles 54 and 56 of the Constitution as equal opportunities are provided to persons with disabilities and other marginalized groups. |
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Insertion of new section 18 (D) in No. 14 of 2013 Tenure | The Chairperson and members of a Sub- County Education Board shall be appointed for a term of five years and be eligible for re-appointment for one further term. | Including the terms of appointment in a statute creates a clear and legally binding framework that governs the appointment process. This clarity prevents ambiguity or disputes regarding the terms, conditions and expectation associated with the appointment. |
Insertion of new section 18 (E) in No. 14 of 2013 Remuneration of the Sub-County Education Board | The members of the Sub- County Education Board 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. | This is a good proposal as it ensures compliance with Article 230 of the Constitution. |