The Basic Education (Amendment)Bill, 2023 (National Assembly Bills No. 59 of 2023)

THEBASICEDUCATION(AMENDMENT)BILL,

2023

A Bill for

ANACTofParliament toamend theBasicEducation Act and for connected purposes.

ENACTEDbytheParliamentofKenya,asfollows

1.This Act may be cited as the Basic Education (Amendment)Bill,2023.

• 2.Section18oftheBasicEducationActisamended by—
• (a) deleting subsection (2); and
• (b)inserting thefollowingnewsectionsimmediately aftersection 18-

The Sub-county EducationBoard.

18A.There is established a Sub-County EducationBoard.

Consultation with the CountyEducation

Board.

Composition ofSubcountyEducation

Boards.

18B.(1)TheSub-countyEducationBoard shall consult with the County Education Board in the performance its functions.

(2)Despite the provisions of subsection (1),the Cabinet Secretary shall in consultationwithNationalEducationBoard, through the existing mechanisms for coordination ofinter-governmental relations, make regulations prescribing the coordination between the National Education Board,the County Education Boards and the Sub-county Education Boards.

18C.(1) Every Sub-county Education Board shall consistofa Chairpersonand six other members appointed by the Cabinet Secretary.

(2)The Board membersunder subsection (1) shall include

• (a)the Sub-county Directorof Education or a designate of the Sub-county Director of

Short title.

Amendment of section18ofCAP 211.

Education;

• (b) the CountyExecutive in charge ofEducationoradesignateofthe
• County Executive in charge of Education;
• (c)one persondesignated bythe
• Teachers Service Commission;
• (d)two persons nominated by the Teachers Trade Union;
• (e)two persons who are professionals with at least five yearsof experience based in the Sub-countynominated bythe Parents Teachers Associationin the Sub-county; and
• (f)twopersonsnominated by one of the following religious organisations that has the highest number ofmembersregisteredin the sub-county-
• (i)a joint forum of the National Council of Churchesof Kenya and the Evangelical Fellowship of Kenya;
• (ii) the Kenya
• Episcopal Conference;or
• (ii)the Muslim Education Council.
• (3)In appointing theChairpersonand members of the Board, the Cabinet Secretaryshallensure
• (a)thatnotmore than two-thirdsofthe members are of the same gender;
• (b) equal opportunitiesfor persons with disabilities and other marginalized

Tenure.

Meetings of theSubcountyEducation Board.

groups; and

• (c)that theappointees totheBoard reflect theinterests ofallsectionsof the society.

(4)The Chairperson of a Sub-county EducationBoard shallpossessa minimum qualification ofadegreeand themembers shall possess a minimum qualification of secondary education with post-secondary certificate as an added advantage.

(5)TheBoard Member appointed under subsection (2)(a) shall be the Secretary to theSub-countyEducationBoard.

(6)The staff of theSub-countyEducation Board shall be persons serving under the CountyPublicService Board of the respective County.

(7) The Second Schedule shall apply to theconductof thebusinessandaffairsofa Sub-county Education Board with necessary modification and,except asprovided in the Second Schedule,a Sub County Education Board mayregulate its own procedure.

18D.The Chairperson and members of a Sub-county Education Board shall be appointedforatermoffiveyearsandshall be eligible for re-appointment for one further term.

18E.(1) A Sub-county Education Board shallholdsuchnumberofmeetingsatsuch places and at such times as theSub-county Education Board shall consider necessary for the proper discharge of its functions.

(2)Notwithstanding subsection (1),the Sub-countyEducationBoard shallmeetnot less thanfour timesin eachfinancial year.

(3) The Sub-county Education Board shall —

Remuneration of the Sub-county

EducationBoard.

• (a)notifyeachmember ofa meeting under subsections(l)and
• (2);
• (b) issue the notice under subsection (1) within a period thatisnotlessthan seven days before meeting under subsections(1)and
• thedayofthe (2)."

18F.The Sub-county Education Board CabinetSecretaryin consultation withthe

shallpayitsmemberssuchremunerationor allowancesasmaybeapprovedbythe Salaries and Remuneration Commission."

I certify that thisprinted impressionis a true copy of theBill passed by theNational Assembly on the 19thNovember,2025.

Ro; Clerk of the National Assembly

Endorsed for presentation to the Senate in accordance with the provisions of Standing Order 142of theNational Assembly Standing Orders.

Wefaugle

SpeakeroftheNdionalAssembly