THE VOCATIONAL TRAINING BILL, 2022

Background

The Vocational Training Bill, 2022 aims to establish a unified legislative framework for the administration, management, registration, and licensing of vocational education and training within Kenya's counties. Under the Fourth Schedule of the Constitution of Kenya, pre-primary education, village polytechnics, homecraft centres, and childcare facilities are devolved county functions. This Bill provides a structured governance system to ensure standardized delivery, quality control, and county-national government collaboration in the technical and vocational training sector.

Key Amendments

• Division of Roles: The national Cabinet Secretary is responsible for national policy, curriculum development coordination, training standards, and certification. County governments are responsible for infrastructure development, staffing, and local implementation of vocational training programs.
• Classification of Centres: Vocational training centres are categorized into public county vocational training centres and private vocational training centres.
• Governance and Management: Clause 21 establishes a Board of Management for each vocational training centre to oversee educational services, manage property, develop strategic plans, and recruit non-teaching staff.
• Disability Inclusion: Clause 7 and Clause 10 mandate that counties put in place adequate infrastructure, rehabilitation services, assistive aids, and qualified trainers to ensure accessibility for trainees with disabilities.

New Obligations

• Licensing and Registration: No person may own or operate a private vocational training centre unless it is registered and licensed under the Technical and Vocational Education and Training Act.
• Staffing Qualifications: Institutions are prohibited from employing any manager or trainer who is not registered and licensed by the relevant national authorities. Trainers must possess at least three years of experience for managerial roles and satisfy the integrity standards of Chapter Six of the Constitution.
• Record Keeping: Every vocational training centre must maintain registers of trainees, attendance, financial fees, assets, and liabilities, making them available to the county government and County Education Board upon request.
• Approved Closures: Operators cannot close a vocational training centre without notifying the county executive committee member, submitting a report on trainee progress, and securing written approval.

Penalties

• Specific Offences (Clause 19): Any person who operates an unlicensed training centre, enters an illegal sponsorship, fails to register foreign institutions, or illegally closes a training centre commits an offence. Upon conviction, they face a fine not exceeding KSh 5 million, imprisonment for a term not exceeding three years, or both.
• General Penalty (Clause 37): For any other contraventions where no specific penalty is provided, the general penalty is a fine not exceeding KSh 3 million, imprisonment for up to two years, or both.

Transitional Provisions

• Deemed Registration: Existing institutions offering vocational training under the Basic Education Act or the Technical and Vocational Education and Training Act before the commencement of this Act are deemed registered.
• Compliance Window: The county executive committee member may require deemed institutions to apply for formal registration within three months of receiving written notice.
• Transfer of Assets and Staff: All immovable and movable property, rights, obligations, and liabilities previously vested in existing centres are transferred to the newly established entities, and staff members are deemed appointed under the terms of the new Act.