The Basic Education (Amendment) Bill, 2023
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Executive
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Creation of Sub-county Education Boards
Inserts Section 18A to mandate every County Education Board to establish a Sub-county Education Board to act as its agent. Key duties include:
- Registering and establishing a data bank of all education and training institutions in the Sub-county.
- Recommending institutions to receive infrastructural development funding.
- Reviewing Board of Management reports and submitting them to the County Education Board.
- Assessing budgetary requirements and developing programmes for institutional lunch.
Board Composition and Diversity Limits
Establishes a 7-member board under Section 18C appointed by the Cabinet Secretary. Members include:
- The constituency Member of Parliament (ex-officio).
- The Sub-county Director of Education (who acts as Secretary).
- The County Executive in charge of Education.
- Representatives from the Teachers Service Commission, Teachers Trade Union, and Parents Teachers' Association.
- A statutory requirement that no more than two-thirds of the members belong to the same gender, alongside equal opportunities for persons with disabilities and marginalized groups.
Degree and Academic Credentials Required
Sets qualification thresholds under Section 18C(4) for board representation:
- The Chairperson must possess a minimum of a university degree.
- Board members must possess a minimum qualification of secondary education, with a post-secondary certificate regarded as an added advantage.
Strict Limits on Board Meetings
Introduces Section 18E to regulate administrative expenses. Although the boards are permitted to meet on a need basis, they are strictly prohibited from holding more than four meetings within any single financial year.
Bill No.
No. 59 of 2023
Gazette No.
Supplement No. 166 of 2023
Sponsor
Mary Wamaua
Background
The Basic Education (Amendment) Bill, 2023, seeks to decentralize educational management functions by establishing Sub-county Education Boards. Currently, under the Basic Education Act, No. 14 of 2013, primary educational oversight is concentrated at the county level. This Bill seeks to establish a governance structure directly within each sub-county to improve local resource coordination, school data tracking, and budgetary oversight.
Key Amendments
Amendment of Section 18 of No. 14 of 2013
The Bill deletes Subsection (2) of Section 18 and inserts several new sections (18A through 18G) to outline the operation, scope, and limitations of the newly introduced Sub-county Education Boards.
Establishment of Sub-county Education Boards (Section 18A)
Every County Education Board must establish a Sub-county Education Board in its respective sub-counties. These boards will operate as administrative agents of the County Education Board.
Coordination and Regulations (Section 18B)
The Cabinet Secretary responsible for education is tasked with making regulations, through existing inter-governmental relation mechanisms, to coordinate operations between the National Education Board, County Education Boards, and the new Sub-county Education Boards.
Board Composition and Tenure (Section 18C & 18D)
Each board will consist of a Chairperson and six other members appointed by the Cabinet Secretary through an open and competitive process. Board members are appointed for a term of five years and are eligible for re-appointment for one further term.
Meeting Rules and Co-option (Section 18E & 18G)
Boards will meet on a need basis, limited to a maximum of four times per financial year. Boards may also co-opt up to three individuals who possess specialized skills and experience necessary for discharging board duties.
New Obligations
For the Sub-county Education Boards
- Maintain a comprehensive registry and data bank of all education and training institutions within the sub-county.
- Consult residents to recommend schools eligible for infrastructural development funding.
- Evaluate budget requirements of local learning institutions and set up allocation programs, including school lunch initiatives.
- Review individual Board of Management reports and forward them to the primary County Education Board.
For Appointing Authorities
- The Cabinet Secretary must ensure gender representation remains balanced (not more than two-thirds of either gender).
- Appointees must meet distinct education criteria, with the Chairperson holding at least a university degree and other members holding secondary and post-secondary certificates.
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