The Vocational Training BIll, Senate Bill No. 3 of 2022

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(Bill No.3of 2022)

THE VOCATIONAL TRAINING BILL, 2022

(A Bill published in the Kenya GazetteSupplement No.162 of 26th October,2022 and passed by the Senate, with amendments, on Tuesday,6th June, 2023.)

RECEIVED

THEVOCATIONALTRAININGBILL,2022 ARRANGEMENTOFCLAUSES

Clause

PARTI-PRELIMINARY

• -Short title.

• 2 Interpretation.

• 3 - Guiding principles.

• 4 —ObligationsoftheNational Government.

• 5 — Obligations of the county government.

• 6 —Role of the management of a vocational education and training centre.

• —Trainee with disability.

PARTII-ESTABLISHMENT,REGISTRATIONAND ACCREDITATIONOFVOCATIONALTRAININGCENTRES

• 8 Categories of vocational training centres.

• 9 Establishmentofpubliccountyvocationaltrainingcentres

• 10 - Sponsorship.

• 11 Register to be kept.

• 12 —Requirement for registration of vocational training centres.

• 13 —Registration and licensing of vocational training centres

• 14 —Requirements in relation to a vocational training centre.

• 15 ——Accreditation.

• 16 ——Cancellation of a licence.

• 17 ——Notice of non-compliance.

• 18 8—Closure ofa vocational training centre.

• 19 — Penalty. PARTIII-MANAGEMENTOFVOCATIONALTRAINING

• 20—Management of vocational education and training within a county.
• 21 —- Board of management.
• 22 2—Functions of theBoard.
• 23 3—Conduct of business and affairs of theBoard.
• 24 —Committees of the Board.
• 25 —Remuneration of members oftheBoard.
• 26 —Vacation ofofficeof member oftheBoard.
• 27 —Annual report on governance.
• 28 -—- Record keeping.
• 29 — Vocational education and training trainers.

PARTIV-STANDARDSANDQUALITYOFEDUCATIONAND TRAINING

• 30—Framework of curriculum.
• 31 —— Education and training programmes.
• 32 ———Examination and competency assessment.
• 33 ——Quality assurance.

PARTV-TRANSITIONALPROVISIONS

• 34—Existingvocational training centres.
• 35—Preservation of licences,certificates and registrations.
• 36 ——Transfer of assets, liabilities and staff.

PARTVI-MISCELLANEOUSPROVISIONS

• 37—— General penalty.
• 38 ——Regulations.

Short title.

Interpretation.

No.29 of 2013.

No.14 of 2013.

THEVOCATIONALTRAININGBILL,2022

A Bill for

ANACTofParliament toprovide aframeworkfor the establishment ofsystems forthe administration oftraining vocational education and training within a county,and for connected purposes.

ENACTEDby theParliamentofKenya,asfollows-

PARTI-PRELIMINARY

1. This Act may be cited as the Vocational Training Act, 2022.

2. In this Act --

"Authority"means the Technical and Vocational Educational and Training Authority establishedunder section 6 of the Technical and Vocational Education and Training Act;

"Board"" means a board of management of a public vocational training centre established under section 21(1);

"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to vocational education and training;

"centre manager" means the administrator of a vocational training centre who is responsible for the implementation of policy guidelines and professional practice in the training centre;

"Council"" meanstheTechnicaland Vocational Education and Training Curriculum Development, Assessmentand( CertificationCouncilestablishedunder section 44(1)of theTechnical andVocational Education and Training Act;

"County Education Board" means the County EducationBoardestablishedunder section17of theBasic No.17 of2012.

No.4 of 2013.

No.22 of2014.

EducationAct;

"county executive committee member" means the countyexecutive committeememberresponsibleformatters relating tovocationaleducationandtrainingwithineach county;

"county public service board" means the Board established undersection57of theCounty GovernmentsAct;

"curriculum" means all approved courses taught or programmes offered in a vocational training centre;

"integrated vocational training centre" meansa vocationaltraining centredesignedtoaccommodate and provide courses and training suitable for the needs of a trainee with disability orspecialneeds;

"Kenya Institute of Curriculum Development" means theKenyaInstitute of CurriculumDevelopment established undersection3oftheKenyaInstituteofCurriculum DevelopmentAct;

"learner with disability" means a learner whose mental characteristics, sensory abilities, physical characteristics, emotionalandsocialadjustmentorcommunicationabilities areimpaired andincludes alearnerwhosuffersfromlongterm disabilitywhichhasasubstantialorlong-termeffecton an individual's ability to carry out ordinary day-to-day activities including learning growth and development;

"NationalQualificationsFramework"meansthe national systemfor the articulation,classification,registration, quality assurance, and the monitoring and evaluation of nationalqualificationsasdevelopedinaccordancewiththe KenyaNational QualificationsFrameworkAct;

"private vocational training centre"means a vocational training centre established, owned or operated by a private person;

"publicvocational training centre"means a vocational training centre established,owned or operated by a county government and includes a sponsored vocational training No.29 of2013.

Guiding principles.

centre;

"sponsor" means a person or institution that makes a significant contribution and impact on the academic, financial and infrastructural development of a vocational training centre;

"trainee" means a person enrolled in a vocational training centre to pursue vocational training;

"trainer" means a person who is licensed and registered as atrainer under theTechnicalandVocationalEducation and Training Act;

"transitional certificate" means a certificate issued under section 34(4); and

""vocational -education and training" means the vocational training programmes imparted to a trainee in a vocational training centre.

"vocational training center" means an institution providing trainingleadingto the awardof acertificateupto thelevelofartisan.

3. Every person shall, in the exercise of powers and performance of functions under this Act,beguided by the following principles --

• (a) coordinated public participation in the formulation, implementation,·monitoring and evaluation of policies and plans; promotion of uniformstandardsofvocationaleducationand training in the country;
• b) equality, equity and non-discrimination in the provision of vocational education and training, and the recognition of trainees with disability;
• promotion ofinnovativeness,technologytransfer and an entrepreneurial culture;
• (p) transparencyin the allocation and utilization of public and private resources, and in the

Obligationsof the National Government.

implementationofprogrammesandactivities relating to vocational education and training;

• e ensuring that interventions are based on objective information and methods;
• accountability through developmentally appropriatemethodsof monitoring and evaluation in tracking the skills and knowledge acquisition of a trainee,and the improvement of the vocationaleducationandt trainingeducation system and programs; and
• collaborationwiththenationalgovernment and g relevant stakeholders in the implementation of activities necessaryfor the provision vocational education and training.
• 4.The Cabinet Secretary shall,for the coordinated development, management and implementation of county vocational education and training by county governments, be responsiblefor the-
• (a)development of an education, training and research policy on county vocational education and training;
• b) development tofexaminationstandardsand certification;
• development of a curriculum and co-curricular on vocational education and training;
• (d) accreditation of institutionsandprogrammes on countyvocationaltraining andeducation in collaborationwiththerespectivecountyexecutive committeemembers;
• e) training and registration of vocational education and training trainers;
• f capacitybuilding and technicalassistanceon the implementationofcountyvocationaleducation and training to the county governments;
• g) establishment of partnershipsandlinkages to

Obligationsofthe county government.

support vocational education and training;

• (h) settingofstandardsfortheregistrationand licensing of vocational education training institutions by the county governments;
• setting ofstandardsforminimumqualificationfor trainers working invocational training centres;
• G) provision ofbudget supportandresource mobilisation tosubsidisevocationaleducationand training at the counties;
• (k) monitoring and evaluation of the implementation of vocational training programmes in the counties;
• 1 developmentandimplementationofanational qualifications framework. to provide for progression, recognition 1and equation qualifications, credit transfers and exemptions with respect to vocational education and training in counties; and
• (m)registration and accreditationofprivatevocational training centresin collaboration with the respective countyexecutivecommitteemembers.

5. Each county government shall, for the development ofvocationaleducation and training in therespective county and implementation of this Act -

• (a) put in place the necessary training infrastructure, equipment, learning and teaching resources in the delivery ofvocationaleducation and training in the respective county;
• (b) formulateandimplement tcountyspecific programmes, plans and policies to ensure availability,accessibility and effective delivery of vocational education and training;
• (c)be responsiblefor the staffingof personnel in vocational education and training institutions in the county and supervision of vocational education and training within the county;
• (d) implement the policies, strategies and standard developed by the county government for the

Role of themanagement of avocational training centre.

deliveryofvocationaleducationandtrainingand implementation of this Act;

• (e) provide the funds necessary for the development of vocational training centres and for the administrationof vocationaleducation and training within the county;
• (f) identify trainees with disability in the county, undertake an assessment of their needs and put in placemeasuresfor theprovisionofvocational education and trainingto them;
• (g) carry out public awarenessand advocacy programmes in relation to vocational education and training in the county;
• (h) collaborate with international,national and local institutions sintheprovision 1ofvocational education and training;and
• (i) promote the circulation of and access to up-todate andtimelyinformation on vocational education and training.
• 6.Aperson who is issuedwith a licence to establish a vocational training centre shall—
• (a) put in place the structures necessary for the management and administration ofvocational education and training programmes in the centre;
• (b) employ qualified trainers and other personnel to offer services at thevocational trainingcentre;
• (c)administer a curriculum on vocational education and training approved in accordancewith this Act;
• (d)ensure theprovisionofqualityservices in the vocationaltraining centre;
• (e)ensure that thepremisesmeettherequirements of the occupational health and safetyregulations and building standards prescribed under this Act

Trainee with disability.

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and any other law;

• (f) provide the necessarytraining and learning materials and equipment; and
• (g)meetsuch 1otherrequirementsasmaybe prescribed under this Act and as the county executivecommitteememberinconsultation with the Council may prescribe for the delivery of quality vocational education and training services within therespective county.

7.(1)Each county executive emembershall,in consultationwiththeNationalCouncilforPersons with Disabilitiesestablishedunder section3of thePersonswith DisabilitiesAct,establish a mechanism for the identification of trainees with disabilities and put in place such measures as may be necessary to ensure access to and provision of vocational education and training to trainees with disabilities.

• (2) In performing the functions under subsection (1), the county executive committee member shall-

2. (a) put in place the necessary infrastructure and mechanisms toensure that trainees with disabilityare provided withappropriate interventions; 3. (b) establish adequate vocational training centres, facilities and rehabilitation services to cater for trainees with disability; 4. c equip 0existingcountyvocationaltraining centreswiththenecessarystructuresto enable access by persons with disability; 5. (d) conduct training and capacity building programmes targeting centre managers, trainers and staff of vocational training centres thatprovidevocationaleducation and training to trainees with disabilities; 6. e putinplace adequatefacilitiesandensure that every public vocational training centre

providingtrainingtotraineeswithdisability is accessible and has adequate trainers; and

• ( putinplacemeasurestoensurethe productionof or access toaffordable assistive aids and devices for trainees with disability.
• (3)The county executive committee member shall,in consultation withthe NationalCouncilfor Personswith Disability,make regulations setting out the criteria for the identificationof traineeswith disabilities under subsection(1) andfor theeffectiveimplementationofthisAct.

PARTII—ESTABLISHMENT,REGISTRATIONANDACCREDITATION OFVOCATIONALTRAININGCENTRES

Categories ofvocational trainingcentres.

Establishmentofpublic county vocational trainingcentres

Sponsorship.

• 8.Vocational trainingcentresshallbe categorised as-
• (a) publicvocational trainingcentres;or
• (b) privatevocationaltrainingcentres.

9. Each county government shall, in consultation with the relevant stakeholders, establish and maintain such vocational training centres as it may consider necessary.

• 10.(1) A public vocational training centre may be sponsored by a private person.
• subsection (l))shall be for the enhancement of vocational education and training programmes and contribute directly or indirectly to the quality of vocational education and training administered in the vocational training centre.
• (3)Asponsorshall notcompromise theimplementation of anylaw applicable totherespectivevocationaltraining centre or the professional standards and ethics ofinstructions in a vocational training centre.
• (4)Notwithstanding the fact that the sponsor of a vocational training centre is a faith based institution,the curriculum in the training centre shall be secular.

Registers to be kept.

Requirement registration vocational centres.

of training

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11. (1) The county executive committee member in each county government shall keep and maintain a register of——

• (a) persons registered to provide vocational education and training within the county;
• (b) licensed vocational training centres within the county;
• (c) vocational training centres whose licences have been cancelled or suspended;
• (d) vocational training centres' updated assets and liabilities;
• (e) learners in all vocational training centres;
• () instructors and trainers in vocational training centres;
• g) vocational training centres' integrated development plans for inclusion in the County Integrated Development Plans; and
• (h) such other particulars as thecounty executive committeemembermayfromtimetotime determine.

(2) A person may inspect the register and obtain a copy of, or an extract of the register from the county executive committee member upon payment of such fee as shall be prescribed under the county legislation.

12. A person shall not own or operate a private vocational training centre unless- 2. (a) the vocational training centre is registered in accordancewiththeTechnicalandVocational Education and Training Act; and 3. (b) such person is issued with a licence to operate a vocational training centre.

Registration and licensing of vocational training centres. No.29 of2013.

Requirements in relation toavocationaltraining centre.

Accreditation.

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a licence deregistration.

13. The registration and licensing of vocational training centresshallbein accordancewithPartIVof theTechnical andVocational Education and TrainingAct. 2. 14.In establishing a vocational training centre,a countygovernment shallensure that the-- 3. (a) premises meet the occupational health, safety regulations and building standards prescribed under thisActandtherespective county legislation; 4. (b) vocational education and training offered at the centremeet the requirements set out under this Act and any other relevant law; 5. (t) vocational training centre is accessible, taking into account the disability of trainees; 6. (d) trainers and other staff of the vocational training centreareregisteredandqualifiedtooffer vocational education and training; and 7. (e) vocational training centre is equipped with suitable training infrastructure, learning and teachingresources. 15. (1) A foreign institution which intends to offer vocational education and training inKenya under this Act, shall apply to the Technical and Vocational Education and Training AuthorityBoard for accreditation.

• (2) An accredited institution may apply to the county executive committee member in the prescribed form for approval to enter into an arrangement with a licenced vocational training centre in a respective county for purposes of offering joint training or a training programme.
• (3) A training programme offered under subsection (2) shall be approved by the Cabinet Secretary in consultation withtheAuthority.

11. Cancellation of 16. (1) The county executive committee member may, and consultation with the Authority,and subject to the

Notice of noncompliance.

'provisions of section 17, cancel a licence and deregister a vocational trainingcentre if—

• (a) the vocational training centre violates any of the provisions of this Act or any other applicable law;
• (b) a serious criminal activity has been or is being committed in the vocational training centre; or
• (c)the training centrehas ceased tobe a vocational training centre or closed down.

(2)The county executive committee member shall not cancel a licence under subsection (l) unless the county executivecommitteemember-

• (a) issues to the licensee a notice specified under section17of atleastfourteendays of its intention to cancel thelicence;and
• (b)grants the licensee an opportunity to be heard.

17. (1) A county executive committee member shall, in consultation with the Authority,and before cancelling a licence and deregistering a vocational training centre, issue to the licensee a compliance notice in the prescribed form.

(2) A compliance notice issued under subsection (1) shall -

• (a) be in writing;
• (b) contain information on the areas of noncompliance and the steps required to be undertaken in order to comply;
• (c) set out the time within which to comply with the notice; and
• (d) contain information on the consequences of noncompliance.

(3)A county executive committee member may,upon request by the licensee,extend the period for compliancefor Closureofavocational training centre.

Penalty.

suchperiodas thecountyexecutivecommitteemembermay considernecessaryto ensurecompliance.

18.(1) A person shall not close down a vocational training centre unless the person has applied for, and obtained, the approval of thecountyexecutivecommitteemember.

(2) A person who intends to close down a vocational trainingcentrefor anyotherreasonotherthan thegrounds set out under section 16 shall, in the prescribed form, --

• (a) inform 1thecountyexecutive ecommittee member of the intention to close down the vocational training centre; and
• (b) submitareporttothecountyexecutive committeemembersettingout-
• thenumberoftraineeswhohavenot completed training and the level of training of each trainee;
• (ii) themanagementandpersonsemployed in the vocational training centre;
• (i) any investigations or cases that may have been commenced, pending or instituted against the vocational training centre; and
• (iv)such other information as the county executive committee member may require.

(3)The countyexecutive committee member shall, upon receipt of an application to close down a vocational training centre under subsection(2),consider the application

• (a) the manager has failed to comply with subsection (2); or
• (b)the closurewill notbein thebest interest of the public.
• 19.A person whocontravenes the provisions of

sections 10(3),12,15 and 18(1) of this Act,commits an offence and shall be liable,on conviction,to a fine not exceedingfivemillionshillings or to imprisonmentfor a term not exceeding three years, or to both.

PARTIII-MANAGEMENTOFVOCATIONALTRAINING

Management of vocational education andtrainingwithina county.

Board ofmanagement

20. (1) Each county government shall be responsible for the overall governance and management of vocational education and training under this Act within the respective county.

• (2)The countyexecutive committeemember ineach countyshall,inconsultationwiththeAuthority,determinethe vocational education and trainingresources andinfrastructure requirements within the county.

21. (1) There is established ini each vocational training centre, a Board to be known as theBoard of Management.

(2) The Board shall comprise-

• (a) a chairperson;
• (b) a representative of the countygovernmentin the respective county within which the institution is located;
• C a representativeof CabinetSecretaryinthe county;
• (p) onerepresentative of theteachingstaff elected by trainers in the training centre;
• onerepresentativeof thenon-teaching staff elected by the non-teaching staff in the training centre;
• onepersonnominated byparentstorepresent parents of the trainees in the centre;
• g) twopersons appointed on thebasis oftheir knowledge and experience in -
• (i)leadership and management;
• (ii)financial management;

Functions of theBoard.

• (iii) technology;
• (iv) industry;
• (v) engineering;or
• (vi) information communication technology.
• (h)thecentremanagerortheheadof the vocationaltrainingcentrewhoshallbean ex officiomember and thesecretarytotheBoard.

(3)The county executive committee member shall appoint the persons nominated to the Board by a notice in the Gazette.

(4)Themembersof theBoard shallhaveaminimum qualification of postsecondary education.

(5) In appointing the members under subsection(2),the countyexecutivecommitteemembershall takeintoaccount the need to ensure gender and ethnic representation.

22.ThefunctionsoftheBoardshall,inadditiontothe functionsundersection29oftheTechnicalandVocational Education and TrainingAct,be to-

• (a) oversee the provision of education and training in thevocationaltrainingcentreinaccordance withtheprovisionsofthisActor anyotherlaw;
• (b) manage the property of the vocational training centre;
• (c)manage the vocational education and training programmes in the vocational training centre by promoting and maintaining standards, quality and relevance of education and training;
• (d) develop and implement a vocational education and trainingstrategicplanfor thecentre;
• (e) mobilize resources for the vocational training centre;

Conduct of business and affairs of the Board.

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Committees of the Board.

Remuneration of members of theBoard.

Vacationofofficeof memberoftheBoard.

• (f)regulate the enrolmentandexclusionoftrainees from the vocational training centre;
• (g)prepareannualestimatesofrevenueand expenditurefor thevocational training centre;
• (h)incur expenditure on behalf of the vocational training centre;
• receive, on behalf of the vocational training centre,fees,grants,donations,bequests or other moneys and to make disbursements on behalf of the vocational training centre; and
• Gi) carry out such other functions as may be necessaryfor the effectivemanagement of the vocational training centre.
• 23.The Board shall conduct its affairs in accordance with theprovisionsof theSecondScheduleof theTechnical andVocational Education and Training Act.
• 24.(1) The Board may establish such committees as it may consider appropriate to perform such functions and discharge such responsibilities as it may determine.
• (2) The Board may co-opt such persons, not exceeding two in number, to sit in a committee, whose knowledge and skills are found necessary for the performance of the functions of the Board.

25. Members of the Board shall be paid such allowances and disbursements for expenses as may be approved by the County Public Service Board in consultation with the Salaries and Remuneration Commission.

• 26.The office of a member of theBoard shall become vacantifthemember—
• (a) dies;
• (b) resigns by a letter addressed to the county executive committeemember;

• (c) is convicted of an offence punishable by imprisonmentfor atleastsixmonths;

• (d) is absent from three consecutive meetings of the Board without the permission of the Chairperson;

• (e) contravenes Chapter Six of the Constitution;

• (f)has aphysicalormental incapacitythatrenders thepersonunfittoperformthefunctions of office;

• (g) is incompetent; or

• (h) is adjudged bankrupt.

Annual report on governance.

27. The Board shall submit an annual report on the management of a vocational training centre to the county executivecommitteemember and theAuthority.

Record keeping.

• 28.Every vocational training centre shall avail to the county executive committee member and the County Education Board on request,——

• (a) a register of the trainees who attend or have attended thevocational training centre;

• (b)a recordof theattendanceof traineesat the vocational training centre;

• (c)arecordof allfeesandother chargespaid in respect of atrainee's attendance at the vocational training centre;

• (d)aregister of assets andliabilitiesofavocational training centre; and

• (e) such other records as the county executive committeemember mayprescribe.

Vocationaleducation 29. (1) A vocational training centre shall not employ a and training trainers.

centremanageror atrainerunless thatperson-

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• (a) is licensed and registered as a trainer under the Technicaland 1VocationalEducationand Training Act;
• (b) has at least three years' experience in management or administrationin thecase of a centre manager ;
• (c) meets the requirements set out under Chapter Six ofthe Constitution;
• (d) has not been adjudged bankrupt;
• (e)hasnotbeenconvictedof anoffenceand sentencedtoimprisonmentfor atleasttwelve months; and
• (f) meets such other requirements as may be prescribed under this Act or by a county legislation.

(2) Each countygovernmentshall beresponsiblefor the recruitment andremuneration of centremanagers and trainers of publicvocational trainingcentreswithin the county.

asmaybenecessarytoensure therecruitmentof adequate trainers to serve in vocational training centres in the county.

PARTIV-STANDARDSANDQUALITYOFEDUCATIONAND TRAINING

Framework curriculum.

of

30.(1) The Council shall,in consultation with the countyexecutivecommittee members andrecognised curriculum development institutions, be responsible for the development of thevocational education and training curricula for vocational education and training provided under this Act.

(2) The Council shall, in consultation with the Kenya Institute of CurriculumDevelopment,theAuthority and the countyexecutivecommitteemember,reviewthecurriculum Education and training programmes.

framework to be used by all licensed vocational training centres within the county to suit the specific or special needs of the county.

(3)Inreviewing the curriculum under subsection (2), the Council shall ensurethat thecurriculum is in compliance with the national policy and guidelines.

(4)A review of the curriculum under subsection (2) shallnotbecarriedoutunless thecountyexecutivecommittee memberhasconsultedallrelevantstakeholderslikelytobe substantially affected by a change in curriculum.

(5)As soon as practicable after reviewing the curriculum framework,the countyexecutivecommittee member shall publish,by notice in the Gazette,——

• (a) the prescribed or reviewed curriculum framework;
• (b) any amendments to the curriculum framework; and
• (c) informationregarding the place,time and manner in which a person can obtain information on,or a copy of,the curriculum framework or any amendments to it.

31.(1)Avocational training centreregisteredunder thisActshall offerprogrammes uptoartisancertificatelevel.

(2) A vocational training centre may,where possible, offer county specific technical and vocational education trainingprogrammes.

(3) In administering vocational education and training, a vocational trainingcentre shall --

• (a) provide appropriate and adequate training and learning materials;
• (b)carryout activities aimed at enhancing skills development and creativity of the trainee;
• (c)adopt a trainee-centred approach trainingfor the

Examination and competency assessment.

Quality assurance.

proper skills acquisition and development of the trainee;

• (d)follow thequalificationstandardsprescribedby the national qualifications framework; and
• (e)integrate industrial attachment for the development of appropriate practical and innovative skills.

(4) A vocational training centre may, with the approval of the Cabinet Secretary and on such terms and conditions as the Cabinet Secretary may determine, offer programmes higher than artisan certificatelevel.

• 32.(1)The Council shall in consultation with the county executive committee member and recognised examination and assessment and certificationbodies
• (a)beresponsiblefor administeringexamination and assessing competencies; and
• (b) issue a certificate to a trainee who satisfies examination and competenciesrequirement.

(2) The Council shall, if satisfied that skills or competencies acquired by aperson on thejobare equivalent to qualificationswithinthe training framework,issue correspondingcertificates.

• 33.(1) The Authority shall,in consultation with the county executive committee member and relevant quality assurance and standards bodies,put in place structures for purposes of assuring standards, quality and relevance of education and training.
• (2)The structuresput in place for purposes of assuring standards, quality and relevance of education and training under subsection (1) shall take into account-
• (a) adoption of appropriate national and international standards;
• (b) credible quality assurance systems; and

• (c) processes for the continuous review and improvement of standards and quality assurance.

PARTV-TRANSITIONALPROVISIONS

Existing vocational training centres.

34.(1) Subject to subsections (2), (3) and (4), every institution which,immediatelybefore the commencement of this Act,was registered as an institution offering vocational training under-

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• (a) the Basic Education Act;
• (b) the Technical and Vocational Education and Training Act and offering programmes up to artisan certificate level; or
• (t) such other institutions as the Cabinet Secretary may specify,

shallbeconsideredtoberegistered asavocationaleducation and training centre under this Act, and continues to be so registered for the relevant period of registration subject to such conditions ofregistration as maybeimposed under thisAct.

(2)Despite subsection (1), the county 1executive committeemembermayby a writtennoticetotheregistered owner of an institution that is deemed registered under subsection (1)-

• (a) require the owner to apply for registration under section13within threemonths of the dateof the notice; or
• (b)declarethattheinstitutionisnolonger registered under subsection (l) if the owner of theinstitution
• (i)has failed to complywith thisAct on the requirements of registration; or
• (ii) fails to comply with any conditions for registration.

(3) If a person issued with a notice under subsection Preservation of licenses, certificates and registration.

2

• (a)failstomake an application within the specified period, the institution shall cease to be registered under subsection(1) at the end ofthat period; or
• (b)makes such an application within the required period, the institution shall continue to be registered under subsection (1) until that application is determined.

(4) The county executive committee member may, where an institution doesnotmeet theminimum requirements for registration under section13 or 14,issue to the owner a transitionalcertificateinsuchmanner as the county executive committee member may prescribe and subject to such conditions as may deem appropriate.

• (5)Where thecountyexecutivecommitteememberis not satisfied that the conditions specified ina certificate issued under subsection (4) are being complied with, the countyexecutive committeemember may,bywrittennotice to the owner, cancel the certificate.
• (6)Every notice issued under subsection (2) shall set out thereasonsfor the action taken.

35. Any register kept, registration effected, certificate issued,notice or information given,return made, form used or other thing done with respect to institutions set out in section 34(1) on the commencementof this Act,was in force oreffect shall continue in forceand have effect as if kept, effected, issued, given, made or done under the provision of this Act.

Transferofassets, liabilitiesandstaff.

General penalty.

Regulations.

36.(1) All immovable and movable property which immediatelybeforethecommencementofthisActwerevested in, or possessed by the institutions set out in section 34(1) shall byvirtueof thissectionvest inthe respectiveinstitutions established under thisActwithoutfurther conveyance,transfer orassignment.

(2)All rights, obligations and liabilities which immediatelybeforethecommencementofthisActwerevested in or imposedon theinstitutionssetout in section34(1) are deemed to be the rights, obligations and liabilities of the respectiveinstitutions established under this Act.

(3)Allreferences tothe offices or institutions establishedunder institutions set outin section34(1)in any agreement orinstrument relating to any property, assets,rights, privileges, immunity, obligations or liabilities transferred under subsection (1) and (2) and subsistingimmediately before thecommencement of this Act,shall,unlessthe context otherwise requires,be readas references tothe respective officesorinstitutionsestablishedunderthisAct.

(4)All persons whoweremembersof staff of the offices or institutions setout insection34(1) shallbemembers ofstaffofrespectiveofficesorinstitutions establishedunder thisAct andshall bedeemed tohavebeen appointed under this Acton thetermsandconditions ofservice applicableto them immediatelybeforethecommencement of thisAct.

PARTVI-MISCELLANEOUSPROVISIONS

37.Aperson convicted of an offence under thisActfor which no penalty is provided for shall be liable to a fine not exceeding three million shillings, or to imprisonment for a term not exceeding twoyears, or to both.

38.(1) The Cabinet Secretary,in consultation with the respective county executive committee members,may make regulationsgenerallyfor thebetter carryingintoeffect anyof theprovisions of thisAct.

(2) The county executive committee member may, taking into account any national policies, standards or regulations applying to ali vocational training centres -

• (a) limit or regulate the number of trainees who may attend a registered vocational training centre;
• (b)provide for the grant, duration, expiry, renewal, suspension, transfer, and cancellation of registration certificates of a vocational training centre;
• prescribe the conditions subject towhich such registration certificates may be granted,renewed or transferred and thefees payablein respect of the grant, renewal, and transfer of such certificates;
• (d)-prescribe conditions governing or that may be imposedinrespectofregisteredvocational training centre and the duties of their service providers; and
• e prescribe the records to bekept by a vocational trainingcentreinrespect oftrainees.
• (3)For the purpose of Article 94(6) of the Constitution-
• (a)thepurposeandobjectiveofthedelegation under thissectionistoenabletheCabinet Secretaryand thecountyexecutivecommittee member to make regulations toprovide for the better carrying into effect the provisions of this Act;
• (b)theauthorityof theCabinetSecretaryand the countyexecutivecommitteemember tomake regulations under this Act shall be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under thissection;and
• (c)theprinciplesandstandardsapplicabletothe regulations made under this section are those set

Cap.2. No.23of2013.

out intheInterpretation and GeneralProvisions Act and theStatutoryInstrumentsAct.

TheVocationalTrainingBill,2022

I certify that this printed impression is a true copy of the Bill as passed by the Senate on Tuesday, 6th June, 2023.

Endorsed forpresentation to theNationalAssemblyin accordancewiththe provisionsofstandingorder161oftheSenateStandingOrders.

SpeakeroftheSenate

PRINTEDBYTHECLERKOFTHESENATE