Legal documents in education and their importance

Education is a basic human right that should be enjoyed by all Kenyans. Under the Constitution of Kenya 2010, basic education is mandatory for all Kenyan children. To govern the education sector numerous laws are developed and enacted.

In this article, we highlight most of the common legal documents that you should be aware of if you are under the Ministry of Education Kenya. This means from basic education to universities and all other education bodies in the country.

Some of the main Acts in education are Basic Education, Early Childhood Education, TSC, KICD, KNEC, Universities, and the TVET Act among others.

The legal documents are used to ensure that there is quality education offered to the people of Kenya. It gives the guidelines and procedures on how different bodies are supported to be governed and by whom.

They also ensure no discrimination when offering service within the sector. The documents created different education SAGAs, commissions, councils, authorities, TVET institutions, and universities among others within the industry.

These are some of the main legal documents and Acts that govern the education sector in Kenya.

The Constitution of Kenya 2010

It is the main law that governs all citizens of Kenya and all those who reside within its boundaries. In the education sector constitution is the reference document when creating other legislation to govern education.

Basic Education Act, 2013

The Act is enacted to promote and regulate free and compulsory basic education. It also provides for accreditation, registration, governance, and management of institutions of basic education.

The Act highlights the establishment of the National Education Board, the Education Standards and Quality Assurance Commission, and the County Education Board and for connected purposes

Children Act, of 2022

The Act makes provisions for children’s rights, parental responsibility, and alternative care of children including guardianship, foster care placement, and adoption.

It also makes provision for the care and protection of children and children in conflict with the law to make provision for and regulate the administration of children’s services. Children Act also establishes the National Council for Children’s Services.

Early Childhood Education Act, 2021

The Act provides a framework for the establishment of systems for the administration of early childhood education within a County.

Industrial Training Act (NITA)

The Act makes provision for the regulation of the training of persons engaged in industry. It creates the National Industrial Training Authority (NITA).

Higher Education Loans Board Act

HELB Act provides for the establishment of a Board for the management of a Fund to be used for granting loans to assist Kenyan students to obtain higher education at recognized institutions within and outside Kenya.

Kenya Institute of Curriculum Development Act, 2013

It establishes the KICD and its function in curriculum development within Kenya’s education system.

Kenya Literature Bureau Act

KLB Act establishes the bureau as a publishing body and assigns it functions and responsibilities.

Kenya National Examinations Council Act, 2012

KNEC Act establishes the council and assigns its roles and responsibilities as an examination and certification body in the Kenyan curriculum.

Persons with Disabilities Act, 2003

The Act provides for the rights and rehabilitation of persons with disabilities to achieve equalization of opportunities for persons with disabilities. It also establishes the National Council for Persons with Disabilities.

The Science, Technology, and Innovation Act, 2013

The Act facilitates the promotion, coordination, and regulation of the progress of science, technology, and innovation in the country. Universities and TVET institutions can use the act to work on science, technology, and innovation.

Technical and Vocational Education and Training Act, 2013

The TVET Act provides for the establishment of a technical and vocational education and training system. It establishes bodies such as TVETA and TVETCDACC. The Act also provides for the governance and management of institutions offering technical and vocational education and training.

Universities Act, 2012

The University Act provides for the development of university education and the establishment, accreditation, and governance of universities. It creates CUE, UFB, and KUCCPS SAGAs in the Ministry of Education. It also ensures all universities that operate in Kenya are accredited with the courses they offer.

Teachers Service Commission Act, 2012

It makes further provision for the Teachers Service Commission established under Article 237 of the Constitution, its composition, functions, and powers of TSC. It also gives the qualifications and procedure for the appointment of council and secretariat members.