KENYA GAZETTE SUPPLEMENT

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THE KENYA NATIONAL EXAMINATION COUNCIL ACT,No 29 of 2012. Date of Assent 12th October 2012,Date of Commencement 19th October 2012. ARRANGEMENT OF SECTIONS,PART I PRELIMINARY,1 Short title. 2 Interpretation,PART H ESTABLISHMENT POWERS AND FUNCTIONS OF. THE COUNCIL,3 Establishment of the Council,4 Composition of the Council.
5 Appointment and Qualifications of Chairperson,6 Qualifications of members. 7 Term of office of Chairperson and members,8 Council may co opt members. 9 Vacation of office,10 Functions of the Council,11 Powers of the Council. 12 Conduct of business and affairs of the Council,13 Committees of the Council and delegation. 14 Chief Executive Officer,15 Qualifications of Chief Executive Officer.
No 29 Kenya National Examinations Council 2012,16 Removal of Chief Executive Officer. 17 Staff of the Council,18 The Common seal of the Council. 19 Protection from personal liability,20 Liability for damages. PART HI FINANCIAL PROVISIONS,21 Funds of the Council. 22 Financial year,23 Annual estimates,24 Accounts and audit.
25 Investment of funds,PART IV OATH OF SECRECY OFFENCES AND PENALTIES. 26 Oath of secrecy, 27 Unauthorised possession of examination paper material or. information,28 Examination malpractices, 29 Loss or misuse of examination paper or material. 30 Damage or destruction to examination material or facilities. 31 Impersonation,32 Copying at an examination,2012 Kenya Votional Examination s Council No 29. 33 Possession of offensive material and disturbances at examinations. 34 Presentation of forged certificate etc,35 Counterfeitinz of certificates and diplomas.
36 Disclosure of interest in examination or examination paper. 37 Request for information,38 Council to keep information confidential. 39 Improper disclosure of information,40 Aiding and abetment of offence. PART V LIMITATION OF RIGHTS AND FUNDAMENTAL,41 Limitation on right to go on strike. 42 Limitation on right to access information,PART VI MISCELLANEOUS PROVISIONS. 43 Council may require assistance from State organ or public entity. 44 Council ma require assistance from Teachers Service. Commission, 45 Nullification of examination and investigations.
4o lmrosition of penalty on institutions for examinations irregularity. thnual report,No 29 Kenya National Examinations Council 2012. 49 Repeal of Cap 225A,PART WI TRANSITIONAL PROVISIONS. 50 Former Council to continue for two months,51 Assets and liabilities of former Council. 52 Reference to former Council,53 Proceedings of former Council. 54 Annual estimates of former Council,55 Agreements deeds etc of former Council.
56 Administrative decisions of former Council,57 Staff eligible for reappointment. CONDUCT OF BUSINESS AND AFFAIRS OF THE COUNCIL,1 Meetings. 2 Disclosure of interest by Council members,3 Execution of instruments. Kenya National Examinations Council No 29,THE KENYA NATIONAL EXAMINATIONS. COUNCIL ACT 2012,AN ACT of Parliament to provide for the.
establishment powers and functions of the,Kenya National Examinations Council and. the conduct of examinations to provide for,the repeal of the Kenya National. Examinations Council Act and for connected,ENACTED by the Parliament of Kenya as follows. PART I PRELIMINARY,Short title,1 This Act may be cited as the Kenya National. Examinations Council Act 2012,Interpretation,2 In this Act unless the context otherwise.
Cabinet Secretary means the Cabinet Secretary, for the time being responsible for matters relating to. candidate means a person registered to take an, examination conducted by or on behalf of the Council. certificate means a document issued by the,Council and designated as such showing results. obtained by a particular candidate in an examination. Chief Executive Officer means the chief,executive officer of the Council appointed under. section 14,No 29 Kenya National Examinations Council 2012.
Council means the Kenya National,Examinations Council established under section 3. diploma means a document issued by the,Council and designated as such showing results. obtained by a particular candidate in an examination. effective date means the date on which this,Act comes into force. electronic device includes a programmable, calculator mobile phone and other device as may be. prescribed,examination means an examination conducted.
under this Act by or on behalf of the Council,examinations material whether in print or. electronic form means,a an examination paper,b notes for the preparation of an. examination paper,c instructions for the setting up of. equipment or the preparation of,instruments for an examination or. d any other document or material which is,intended to form part of an examination.
paper or to enable an examination paper,to be prepared. but does not include examination papers from, previous examinations or any other material which is. legitimately published in order to assist candidates in. any examination,2012 Kenya National Examinations Council No 29. examination paper includes a question paper, examination instructions or the draft or copy of an. examination paper or instructions in respect of an. examination which has not been taken and includes,an electronic form thereof.
former Council means the Kenya National, Examinations Council established under the repealed. training institution means an, institution offering training for teachers but does not. include a university,offensive material means anything capable of. causing injury or temporary or permanent,incapacitation of a person. PART H ESTABLISHMENT POWERS AND,FUNCTIONS OF THE COUNCIL.
3 1 There is established a council to be known Establishment of. as the Kenya National Examinations Council the Council. 2 The Council is 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 or. disposing of movable and,immovable property,c borrowing money or making. No 29 Kenya National Examinations Council 2012,investments.
d entering into contracts and,e performing all other acts or. things for the proper,performance of its functions. under this Act which may,lawfully be done or performed. by a body corporate,3 The Council shall be the successor to the. Council known as the Kenya National Examinations,Council existing immediately before the.
commencement of this Act,Composition of 4 The Council shall consist of. the Council,a a Chairperson appointed by the,President under section 5. b the Principal Secretary of the Ministry,responsible for matters relating to. education or a representative of the,Principal Secretary. c the officer in charge of quality,assurance and standards in the Ministry.
responsible for matters relating to,d the Director of the Kenya Institute of. Curriculum Development,e the Secretary of the Teachers Service. Commission,f the following persons appointed by the. 2012 Kenya National Examinations Council No 29,Cabinet Secretary. i one member to represent,the interest of persons,with disabilities.
ii one person to represent,the post school technical. and business training,institutions in Kenya,including polytechnics. iii one person to represent,private sector involved. with management of,Education as the Cabinet,Secretary may. iv one person to represent,any other special interest.
as the Cabinet Secretary,may determine and,g the Chief Executive Officer. 5 1 The Chairperson shall be appointed by the Appointment and. Qualifications of,President Chairperson,2 A person shall be qualified to be appointed as. the Chairperson if the person,a holds at least a masters degree from a. recognised university,b has at least fifteen years experience in a. senior position in the public service or as,a practitioner in a relevant profession or.
industry and,c satisfies the requirements of Chapter Six. No 29 Kenya National Examination Council 2012,of the Constitution. Qualifications of,6 To be appointed as a member of the Council. members other than an ex officio member a person shall. a possess at least a first degree from a,recognised university. b have at least ten years experience in a,senior position in the public service or as a.
practitioner in a relevant profession or,industry and. c satisfy the requirements of Chapter Six of,the Constitution. Term of Office of, Chairperson and 7 The Chairperson and the appointed members. members of the Council shall serve for a term of four years and. shall be eligible for re appointment for one further. Council may co 8 1 The Council may co opt not more than. opt members,two members in order to benefit from any special. skills as may be necessary for the better carrying out. of the functions of the Council,2 A member co opted under subsection 1.
a have no right to vote on any matter,before the Council. b serve for such period as the Council,may determine. Vacation of, office 9 1 A member of the Council other than an ex. officio member may at any time resign from office in. the case of the Chairperson by notice in writing to the. President and in any other case to the Cabinet,2012 Kenya National Examinations Council No 29. 2 A member of the Council may be removed,from office in the case of the Chairperson by the.
President and in any other case by the Cabinet, Secretary if the Chairperson or member as the case. i has been absent from,three consecutive,meetings of the Council. ii is convicted of a,criminal offence and,sentenced to. imprisonment for a term,exceeding six months or,to a fine exceeding ten. thousand shillings,iii is convicted of an,offence involving.
dishonesty or fraud,iv is adjudged bankrupt or,enters into a. composition scheme or,arrangement with his or,her creditors. v is incapacitated by,physical or mental,illness or is deemed. otherwise unfit to,discharge his or her,duties as a member of. the Council or,Kenya National Examinations Council 2012.
vi fails to comply with the,provisions of this Act. relating to disclosure, Functions of the 10 1 The functions of the Council shall be to. a set and maintain examination,standards conduct public. academic technical and other,national examinations within. Kenya at basic and tertiary levels,b award certificates or diplomas to.
candidates in such examinations,such certificates or diplomas shall. not be withheld from the candidate,by any person or institution. c confirm authenticity of certificates,or diplomas issued by the Council. upon request by the government,public institutions learning. institutions employers and other,interested parties.
d issue replacement certificates or,diplomas to candidates or diplomas. to candidates in such examinations,upon acceptable proof of loss of. the original,e undertake research on educational,assessment. f advise any public institution on the,development and use of any system. of assessment when requested to,do so and in accordance with such.
terms and conditions as shall be,mutually agreed between the. Council and the public institution,Kenva National Examinations Council. the international,of qualifications,recognition,conferred by the Council. advise the Government on any,policy decision that is relevant to. or has implications on the,functions of the Council or the.
administration of examinations in,do anything incidental or conducive. to the performance of any of the,preceding functions. 2 In the performance of its functions under,subsection 1 the Council shall have powers to. make rules regulating the conduct of,examinations and for all purposes. incidental thereto,make rules regulating the confirmation of.
examination results and for purposes,incidental thereto. make rules regulating the conduct of,issuance of replacement certificates or. diplomas and for all purposes incidental,make rules regulating the conduct of. issuance of certificates or diplomas and for,all purposes incidental thereto. withhold or cancel the results of candidates,e involved in examination irregularities or.
malpractices,0 appoint any officer responsible for. education or training including heads of,Kenya National Examinations Council. education and training institutions to assist,in the administration of examination as. may be prescribed by the Council in,consultation with the Cabinet Secretary. g equate certificates issued by accredited,foreign examining bodies with the.
qualifications awarded by the Council,h conduct examinations on behalf of foreign. states or entities upon request by such,states or entities. i conduct academic technical and other,examinations outside Kenya on request. j offer examination services and other,advisory services relevant to examinations. to private institutions in Kenya upon,request by such institution and on such.
No 29 Kenya National Examination Council 2012 of the Constitution Qualifications of members Term of Office of Chairperson and members Council may co opt members 6 To be appointed as a member of the Council other than an ex officio member a person shall a possess at least a first degree from a recognised university b have at least ten years experience in a senior position in the

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