Point in Time
Act No: No. 9 of 2012
Act Title: KENYA SCHOOL OF GOVERNMENT
[ Date of commencement: 1st July 2012. ]
[ Date of assent: 9th May 2012. ]
PART I – PRELIMINARY
1.
Short title and commencement

This Act may be cited as the Kenya School of Government Act.

2.
Interpretation
(1)

In this Act, unless the context otherwise requires—

“Cabinet Secretary” means the Cabinet Secretary for the time being responsible for matters relating to the Public Service;

“Campuses of the School” means the former Government Training Institutes specified in the Schedule and such other campuses as the Cabinet Secretary may, declare to be campuses of the School under section 4;

“Council” means Council of the Kenya School of Government established under section 5;

“Director-General” means the Director-General appointed under section 12;

“School” means the Kenya School of Government established under section 3.

(2)

Until after the first general elections under the Constitution, references in this Act to the expression “Cabinet Secretary” shall be construed to mean Minister.

PART II – ESTABLISHMENT AND FUNCTIONS OF THE KENYA SCHOOL OF GOVERNMENT
3.
Establishment of the Kenya School of Government
(1)

There is established a school to be known as the Kenya School of Government.

(2)

The School shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name be capable of—

(a)

suing and being sued;

(b)

taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property;

(c)

borrowing and lending money; and

(d)

doing or performing all such other things or acts, including entering into contracts as may be necessary or expedient for the furtherance of the provisions of this Act and which may lawfully be done by a body corporate.

(3)

The School shall be the successor of the Kenya Institute of Administration established by the Kenya Institute of Administration Act (now repealed) and the Kenya Development Learning Centre established by the Education (Board of Governors) (Development Learning Centre) Order, 2003.

(4)

Subject to this Act, all rights, duties, obligations, assets and liabilities of the Kenya Institute of Administration and the Kenya Development Learning Centre existing at the commencement of this Act shall be automatically and fully transferred to the School and any reference to the Kenya Institute of Administration or the Kenya Development Learning Centre in any contract or document shall for all purposes be deemed to be a reference to the School established under subsection (1).

(5)

The headquarters of the School shall be in the capital city, but the School may establish branches at any place in Kenya.

4.
Campuses of the School
(1)

The Cabinet Secretary may, on the advice of the Council, by Order in the Gazette, establish campuses within the School whose functions and powers shall be provided by that Order.

(2)

The Government Training Institutes specified in the Schedule shall be deemed to be campuses of the School established under subsection (1).

7.
Committees of the Council
(1)

The Council may establish committees consisting of members of the Council to deal with such matters as the Council may specify.

(2)

The Council may co-opt persons who are not members of the Council to committees established under subsection (1) for a particular reason and such persons shall hold office for such period as the Council may determine.

(3)

The Council shall not co-opt more than three persons at any given time to its committees.

10.
Academic Board
(1)

There shall be an Academic Board of the School which shall consist of—

(a)

the Director-General, who shall be the chairperson;

(b)

the Directors in charge of—

(i) Finance and Administration; and
(ii) Academic Affairs;
(c)

the Directors of the School’s Campuses;

(d)

persons in charge of academic affairs in the School’s Campuses; and

(e)

the head of the School’s library services.

(2)

The Director in charge of academic affairs shall be the secretary of the Academic Board.

(3)

The Academic Board shall be responsible for the—

(a)

development, review and delivery of learning and development programmes;

(b)

determination of entry levels for learning and development programmes; and

(c)

determination of the standards and criteria for certification.

11.
Committees and procedure of the Board
(1)

The Academic Board may establish committees to deal with such matters as the Board may specify.

(2)

The Academic Board may co-opt persons to committees established under subsection (1) for a particular reason and such persons shall hold office for a period as the Board may determine.

(3)

The Academic Board shall regulate its own procedure.

12.
Common seal
(1)

Subject to this section, the common seal of the School shall be kept in such custody as the Council may direct and shall not be used except in the manner authorized.

(2)

All deeds, instruments, contracts and other documents shall be considered to be duly executed by or on behalf of the School—

(a)

where they are required to be under seal, or sealed with the common seal of the School and authenticated by the chairperson of the Council and the Director-General; or

(b)

where they are not required to be under seal, if executed in that behalf by a member authorized by the Council for that purpose.

(3)

A deed, instrument, contract or any other document executed in accordance with subsection (2) shall, in law, bind the School, its assignees and its successors and may be varied or discharged in the same manner that it was executed.

14.
Staff of the School

The Council may, subject to the State Corporations Act (Cap. 466) employ the Director-General, and such directors and staff as it considers necessary for the efficient discharge of the functions of the School.

PART III – FINANCIAL PROVISIONS
15.
Funds, assets and liabilities of the School

The funds, assets and liabilities of the School shall consist of—

(a)

such sums as the Cabinet Secretary may, with the consent of the Treasury, make available for the purposes of this Act out of monies provided by Parliament;

(b)

any assets, liabilities, rights and privileges held by or on behalf of the former Institute, Government Training Institutes and the Kenya Development Learning Centre at the commencement of this Act;

(c)

any sums or property which may in any manner become payable to, or vest in the School in respect of tuition fees or any other matter incidental to the carrying out of its functions;

(d)

all monies from any other source provided for or donated or lent to the School; and

(e)

any sums or property which may be donated to, or borrowed by the School:

Provided that the Council shall not be obliged to accept a donation for any particular purposes unless it approves the terms and conditions attached to that donation.

16.
Strategic plans, budget and annual report
(1)

The Council shall, as soon as practicable after the commencement of this Act and in a period not exceeding three years, prepare or cause to be prepared a five year strategic plan pertaining to the School which shall be submitted to the Council for approval.

(2)

The Council shall, not later than the end of February in every year, prepare and submit to the Cabinet Secretary for approval a three year budget incorporating estimates of the School’s revenue and expenditure for the next three financial years.

(3)

A plan or budget submitted to the Cabinet Secretary under this Act, unless earlier disapproved by the Cabinet Secretary, shall be approved by the Cabinet Secretary with or without such modifications not later than three months after it has been submitted.

(4)

The Council shall, within a period of three months after the end of each financial year or within such longer period as the Cabinet Secretary may approve, submit to the Cabinet Secretary a report on the operations and activities of the School.

(5)

The financial year of the School shall be the period of twelve months ending on the thirtieth June, in each year.

17.
Accounts and audit
(1)

The Council shall cause to be kept all proper books and records of accounts of the income, expenditure and assets of the School.

(2)

The accounts of the Council shall be prepared and submitted for examination annually by the Controller and Auditor-General in accordance with the Public Audit Act (No. 12 of 2003).

PART IV – GENERAL
18.
Protection of members and staff of the School from personal liability

No act or thing done by any member of the Council, any officer or employee of the School, shall, if the act or thing was done in good faith for the purpose of carrying out the provisions of this Act, subject the person to any liability, action, claim or demand whatsoever.

19.
Exemption from stamp duty

No duty shall be chargeable under the Stamp Duty Act (Cap. 480) in respect of any instrument executed by, or on behalf of, or in favour of the School which, but for this section, the School would be liable to pay.

20.
Regulations

The Cabinet Secretary may make regulations for the better carrying out of the purposes of this Act, and in particular with respect to—

(a)

staff appointment and discipline;

(b)

staff welfare including pension scheme, gratuities, superannuation or provident fund; and

(c)

general management of the School.

22.
Repeal of Act No. 2 of 1996

The Kenya Institute of Administration Act, 1996, is repealed.

SCHEDULE [Section 4(2).]

EXISTING GOVERNMENT TRAINING INSTITUTES

Government Training Institute, Embu

Government Training Institute, Mombasa

Government Training Institute, Matuga

Government Training Institute, Baringo