Teachers, schools and universities are targeted in a raft of education bills that if enacted will reshape governance of schools, university students funding and teacher training.
The draft bills seek to implement recommendations of the Presidential Working Party on Education Reforms (PWPER), whose report was handed to President William Ruto in 2023.
Among the proposals is one with far-reaching implications on funding for university students and those in other institutions of higher learning.
The Tertiary Education Placement and Funding Bill seeks to merge the Higher Education Loans Board, the Universities Fund and the TVET Funding Board.
If enacted, the entities will be amalgamated into a single Tertiary Education Funding Authority (TEFA).
The new authority would administer student loans, scholarships and institutional funding.
“The funding authority shall be the overarching body handling all facets of higher education funding, student loans and scholarships,” a ministry brief shows.
It seeks to provide that KUCCPS would remain the placement agency responsible for admissions into universities, colleges and TVET institutions.
Importantly, placement would be separated from funding decisions, with admissions based first on merit and student choice before financial support is determined.
The proposed law also entrenches means testing in law and provides for loans to minors admitted to tertiary institutions.
“Application for the means testing index to be informed by financial ability, special needs, affirmative action, and cost of programme.”
Also provided in the legislation is the introduction of Sharia-compliant financing products and a tertiary education savings scheme to mobilise resources for higher education.
In the basic education sector, the government proposes substantial changes to school governance.
The draft Basic Education Bill abolishes the National Education Board, saying it duplicates functions already exercised by the Cabinet secretary.
It is retaining county education boards with revised leadership structures.
In the proposed law, county commissioners would chair the boards instead of educationists as provided under the current law.
The draft bill also bars the conversion of public schools into private institutions, and has cut powers of the National Education Board and the Cabinet secretary to approve such changes.
It retains the categorisation of schools into public and private institutions and introduces a unified registration framework for both.
If approved, the governance of schools would also change significantly.
Boards of Management would be reduced to nine members in line with Mwongozo guidelines.
Representatives of teachers and students would be removed from the boards.
National Government Administration Officers, alumni associations and the PS responsible for Basic Education have been introduced as members of the boards.
The new dispensation further strengthens the role of school heads by formally recognising them as agents of the PS.
It further requires every institution to establish a Parents Teachers Association and creates a Directorate of Schools Inspection to replace the current Education Standards and Quality Assurance Council.
School inspectors would also receive additional authority to close institutions, in consultation with county education boards.
The CS for Education would assume responsibility for coordinating scholarships and bursaries in basic education.
Another significant proposal establishes the Kenya Institute of Special Education under the Basic Education law.
It mandates it to establish and manage Educational Assessment and Resource Centres to strengthen special needs education.
Alumni associations would also be officially recognised if the legislative proposal sails through.
Teacher education is also set for a shake-up in the proposed laws which are expected to be published once scuritinised by the Education committee.
The proposed Pre-Service Education and In-Service Training in Basic Education Bill creates an entirely new legal framework governing teacher preparation and professional development.
Among its proposals is the establishment of the Kenya Teacher Training College to bring together existing teacher training colleges into one institution.
It also establishes the Kenya School of Education.
Going into the future, continuous professional development would be mandatory for teachers, school managers and administrators.
The government is also moving to introduce changes in how learners would be assessed, especially in the wake of the CBE rollout.
The Kenya National Educational Assessment Council Bill introduces provisions governing the registration of candidates.
It also defines mechanisms for e-assessment, assessment centres, certification, administration of foreign assessments and examination malpractice.
The Bill also abolishes the National Examination Appeals Tribunal, transferring all appeals to a new Education Appeals Tribunal.
The proposed Education Appeals Tribunal Bill seeks to establish a single forum for resolving disputes arising under education laws.
According to the ministry, the tribunal would hear and determine cases within 90 days and would be constituted as a judicial tribunal with members appointed by the Judicial Service Commission.
Curriculum reforms are equally reflected in the legislative proposals before the Tinderet MP Julius Melly-led committee.
The Kenya Institute of Curriculum Development (Amendment) Bill removes representatives of Kepsha and Kessha from the institute's board.
It replaces them with representatives of the Kenya Institute of Special Education and the proposed Kenya Teacher Training College.
It also removes KICD's mandate over Technical and Vocational Education and Training institutions, limiting its role to basic education.
The Kenya National Qualifications Framework (Amendment) Bill proposes an expanded framework for managing qualifications in the country.
They include the establishment of a national database on qualifications, registration of awarding institutions and improved access to information on qualifications issued across the education sector.
The ministry says the bills represent the legal implementation of recommendations made by the Presidential Working Party on Education Reforms.
The taskforce was established shortly after President Ruto took office to review the country's education system.
It emerged that Cabinet has approved eight bills out of the 12 that the Prof Raphael Munavu-led taskforce suggested in their recommendations.
Jogoo House says it has consulted among others the Teachers Service Commission, Attorney General, National Treasury and other stakeholders.
The remaining bills, including those affecting universities, TVET and the Teachers Service Commission, are at various stages of consultation and approval.
The CS Julius Ogamba-led ministry says the proposals are aimed at eliminating duplication of functions, clarifying institutional mandates and creating a legal framework to support implementation of education reforms.
