Kenya Subsidiary Legislation, 2015 1619

Kilifi Masura, at Kilifi.

Malindi Masura Station Camp, at Malindi.
Ngomeni New Masura, at Ngomeni.
Kinondo Diving Training Area at Mombasa.
Lamu Amphibious Landing Base, at Lamu.
Dated the 4th November, 2015.
RAYCHELLE OMAMO,
Cabinet Secretary for Defence.

LEGAL NOTICE No. 241

THE TRAFFIC ACT
(Cap. 403)
EXEMPTION
IN EXERCISE of the powers conferred by section 120 of the Traffic
Act, the Cabinet Secretary for Transport and Infrastructure exempts the
following vehicles, as described by reference to Chassis Number, make
and type as set out Schedule, from the provisions of section 55(2) of the
Traffic Act with effect from 21st October, 2015.
SCHEDULE
Chassis No Make Type
CME0774-2014 CMC Low Loader
LA99FRB32FOLHR047 Sinoluck Low Loader
LA99FRB32FOLHR048 Sinoluck Low Loader
Dated the 2nd November, 2012.
J. W. MACHARIA,
Ag. Cabinet Secretary.

LEGAL NOTICE No. 242

THE TECHNICAL AND VOCATIONAL EDUCATION AND
TRAINING ACT, 2013
(No. 29 of 2013)
THE TECHNICAL AND VOCATIONAL EDUCATION AND
TRAINING REGULATIONS, 2015
ARRANGEMENT OF REGULATIONS
Regulation
PART I—PRELIMINARY
1— Citation.
2—Interpretation.
PART II—ESTABLISHMENT OF A TVET INSTITUTION AND ACCREDITATION
OF PROGRAMMES
3—Eligibility for application.
 1620 Kenya Subsidiary Legislation, 2015

4—Application requirements.
5—Minimum requirements for accreditation, registration and licensing management and
administration.
6—Physical facilities.
7—Offices.
8—Laboratories and workshops.
9—Library.
10—Sanitation.
11 —Recreational facilities.
12—Services.
13—Staffing.
14 —Students' welfare.
15—Accreditation of local training programs.
16—Registration and licensing of trainers of TVET institutions.
17 —The Board's decision on registration and licensing.
PART III—TVET QUALITY ASSURANCE SYSTEMS
18—Authority to be quality assurance agency.
19—Industrial interface and student development.
20—Monitoring and evaluation.
21—Institutionalization of standards and quality assurance.
22—Filing of annual reports
PART IV—COLLABORATION BETWEEN FOREIGN INSTITUTIONS AND LOCAL
INSTITUTIONS
23—Accreditation of foreign institutions and training programmes.
24—Collaboration review.
25—Grant of license to collaborate.
PART V—RECOGNITION AND EQUATION OF QUALIFICATION AWARDED BY
FOREIGN INSTITUTIONS
26 —Scope.
27—Principles of recognition and equation.
28—Evaluation of foreign qualifications.
29—Criteria for recognition and equation of qualifications.
30—Change of ownership of a TVET institution.
PART VI—GENERAL PROVISIONS
31 —Fees.
32—Penalties.
33 — Appeals.
34—Transitional arrangements.
35 — Revocation of Authority isStied licence.
36—Notice to revoke Authority to collaborate.
37—Authority may issue standards and guidelines.
SCHEDULE
 Kenya Subsidiary Legislation, 2015 1621

THE TECHNICAL AND VOCATIONAL EDUCATION AND

TRAINING ACT, 2013
(No. 29 of 2013)
IN EXERCISE of the powers conferred by section 57 of the
Technical and Vocational Education and Training Act, 2013, the
Cabinet Secretary for Education, Science and Technology makes the
following regulations—
THE TECHNICAL AND VOCATIONAL EDUCATION AND
TRAINING REGULATIONS, 2015
1. These Regulations may be cited as the Technical and Citation.
Vocational Education and Training Institutions Regulations, 2015.
2. In these Regulations, unless the context otherwise Interpretation.
requires —
"Act" and "the Act" means the Technical and Vocational
Education and Training Act, 2013;
"accreditation" means the process by which the Board
formally recognizes and confirms by certification that an institution
has met and continues to meet the standards of academic, training
and competence excellence set by the Board in accordance with the
provisions of the Act;
"Authority" means the Technical and Vocational Educational
and Training Authority established under Section 6 of the Act;
"Board" means the Technical and Vocational Education and
Training Board established under Section 8 of the Act;
"Cabinet Secretary" means the Cabinet Secretary for the time
being responsible for matters related to technical and vocational
education and training;
"certificate" means the level of qualification below diploma
or its equivalent;
"Certification Council" means the Technical and Vocational
Education and Training Curriculum Development, Assessment and
Certification Council established under section 44 (1) of the Act;
"Commission" means the Commission for University
Education;
"course" means the programme of instruction comprising a
range of syllabus content areas for trainees to acquire knowledge,
work attitudes, skills and competences for employment in formal or
informal sectors.
"curriculum" means the programme of courses fulfilling the
requirements for a certificate or diploma in a particular field of
study.
"Diploma" means the level of qualification below degree and
above a certificate;
 1622 Kenya Subsidiary Legislation, 2015

"industrial attachment" means a supervised practical

experience that is the application of previously studied theory under
the supervision of a trainer and a supervisor in the industry.
"Institution" means an institution that promotes or offers
technical and vocational education and training;
"manager" means a person engaged with the approval of the
Board to manage a TVET institution;
"National Polytechnic" means an institution declared a
National Polytechnic in accordance with Section 26 of the Act;
"private institution" means an institution which is not a public
institution;
"programme" means a sequential grouping of courses which
forms a considerable part, or all, of the requirements for an academic
credential or an occupational objective.
"public institution" means an institution established or
maintained by use of public funds or by the community;
"quality assurance" means the procedures, processes and
systems used to guarantee and continuously improve the training
standards of a TVET institution;
"standard" refers to an established norm or requirement;
"trainer" means a person registered under section 25(1)(b) of
the Act;
"training" includes technical and vocational education and
training leading to acquisition specialized skills and knowledge that
can provide the practitioner with livelihood;
"TVET institution" means a Technical and Vocational
Education and training institution;
"university" means a university within the meaning of the
Universities Act, 2012;
"vocational training centre" means an institution providing
training leading to awards below the level of diploma.
PART II—ESTABLISHMENT OF TVET INSTITUTIONS AND
ACCREDITATION OF PROGRAMMES
3. (1) The following shall be eligible to apply to the Eligibility for
Authority for authority to establish a TVET institution — application.

(a) any person who is or intends to be a sponsor of a TVET

institution; or
(b) a body corporate or institution having as one of its objects
the provision of technical and vocational education and
trainifig without conflicting with its mandate.
(2) Any person or institution eligible to apply for authority to
establish or constitute itself into a TVET institution under these
 Kenya Subsidiary Legislation, 2015 1623

regulations shall do so by submitting its application to the Authority

in the form set out in the Schedule .
4. (1) An applicant under regulation 3(2) shall provide the Application
Authority with the following — requirements.

(a) a certified copy of the registration certificate, or other

document establishing the institution;
(b) a certified copy of the Public Health Report for the
institution for the twelve months immediately preceding
the application;
(c) evidence of ownership of the premises, consent by the
owner to use the premises or, in the case of a lease, a
certified copy of a renewable lease agreement of at least
five years witnessed by a Commissioner for Oaths;
(d) layout designs of the premises, specifications of available
infrastructure and training equipment;
(e) the name of the Principal and Manager of the institution
and the trainers, with their curriculum vitae and certified
copies of academic certificates, national identity card or
valid passport, certificate of good conduct, and in the case
of non-Kenyans, a valid work permit;
(f) a list of proprietors or sponsors or the Directors of the
institution;
(g) proof of payment of the prerequisite fees to the Authority;
(h) the proposal for the institution's funding for operational
expenses for at least two years immediately following the
registration;
(i) specific information about the tuition and all other fees
that students shall be charged for training, including the
estimated cost of text books, lesson materials, supplies
and equipment;
(j) the governance and management structure of the
institution through which the academic and administrative
affairs of the institution shall be conducted;
(2) The Authority may request for any additional information
necessary to enable it to review an application, and the applicant
shall provide the information requested for.
(3) If before a decision is made on an application there is a
change in any of the information provided to the Authority under
subregulation (1) the applicant shall immediately notify the
Authority accordingly in writing.
5. An institution that is seeking approval for registration shall Minimum
be required to have the following management and administration requirements for
accreditation,
structures- registration and
licensing
(a) a functional organizational structure clearly stating the Management and
roles of the owners, the trustees, the governing body, administration.
 1624 Kenya Subsidiary Legislation, 2015

senior management, the principal or director, the

administrator and other managers;
(b) for a public institution, a Board of Governors appointed
by the Cabinet Secretary;
(c) a manager whose name shall be provided to the Authority,
and who shall be responsible for the implementation of
the stated mission as determined by the institution's
governing body;
(d) in the case of a private institution, a qualified principal
with supervisory and competency-based training skills in
cases where the manager of the institution is not actively
involved in the day to day running of the institution, and
in the case of a public institution, a principal appointed in
accordance with the provisions in section 30 of the Act;
(e) a strategic plan for the period of five years immediately
following registration setting out the vision, mission, core
values and justification for the institution;
(f) regulations governing student conduct;
(g) human resource and academic policies, including-
(i) working professional documents for trainers.
(ii) administrative and legal documents related to
education and training, and
(a) such other information as may be required under the
relevant laws or regulations from time to time.
6. (1) The management of an institution shall ensure that the Physical facilities.
physical facilities in the institution meet the requirements of the
Building Code, and the relevant health and safety laws and that they
have provision for facilities for the physically disabled persons.
(2) The location of the institution shall be such as to provide
an environment conducive for learning.
7. In order to be eligible for license by the Authority an Offices and
institution shall be required to establish, at a minimum — classrooms.

(a) an administration office;

(b) a staffroom;
(c) a guidance and counseling office; and
(d) adequate theory rooms for programs.
8. An institution shall provide adequately equipped workshops Laboratories and
or labOri1I0fieg, where these are required by the curriculum offered, Workshops.
and where the institution offers courses regulated by professional
bodies, such laboratory or workshop as may be specified by the
regulator.
 Kenya Subsidiary Legislation, 2015 1625

9. (1) Every institution shall have a library facility with Library.

adequate space and an environment conducive for study and
research for staff and students, including those with disabilities.
(2) A library facility shall be constructed so as to allow
adequate natural and artificial lighting and ventilation, and shall
contain adequate and relevant textbooks and other resources relevant
to the programmes being offered, and may provide e-library services
where possible.
10. An Institution shall provide adequate sanitation facilities in Sanitation.
accordance with the relevant health laws.
11. The institution shall provide facilities for co-curricular Recreational
activities in form of indoor games and other sports, and where Facilities.
necessary may facilitate such sports through agreement to use
facilities managed by the county in which they are situated or other
institutions' facilities.
12. Every institution shall have the following services Services.
installed in accordance with the requirements of the Building Code
and the health laws—
(a) an adequate water supply;
(b) appropriate and adequate waste water and surface water
collection and treatment works where applicable;
(c) a functional sewerage disposal system;
(d) adequate and reliable electrical power supply, and an
emergency power backup system where possible;
(e) adequate serviceable firefighting equipment; and
(f) efficient security services.
13. The management of every institution shall ensure that — Staffing.

(a) trainers are qualified in their area of specialization, and

registered and licensed in accordance with the Act;
(b) all trainers have the relevant technical and vocational
competencies at least to the level being delivered or
assessed;
(c) the institution maintains adequate trainers for each
programme of study;
(d) persons recruited as technicians possess appropriate
qualifications in the specific technical fields;
(e) persons recruited or hired for all training support services
are professionally trained; and
(f) personnel files with certified copies of academic and
professional certificates and letters of appointment of all
teaching and non-teaching staff members are maintained.
 1626 Kenya Subsidiary Legislation, 2015

14. Every institution shall ensure that the following services Students' Welfare.
are provided to the students —
(a) guidance and counselling;
(b) provision for students living with disabilities;
(c) clear guidelines for complaints resolution;
(d) a democratically constituted students' union providing
student leadership and appropriately involved in the
governance and management of the institution;
(e) facilities for co-curricular activities.
15. (1) TVET institutions may introduce or review training Accreditation of
programmes in reference to existing or developed occupational local training
programs.
standards to enhance employability of their graduates through
diversified courses to meet the needs of skilled manpower.
(2) Every institution shall submit to the Authority the proposed
programme for evaluation and approval as specified in section 32 of
the Act.
16. (1) Any person who intends to become, a trainer in a Registration and
TVET institution shall apply to the Authority for a trainers' licence Licensing of
trainers of TVET
where the trainer has the training qualifications required for institutions.
competency-based education and training in various trainers levels,
with the following minimum competencies–
(a) planning of training session;
(b) deliver competency based training (CBT);
(c) conduct competency assessment; and
(d) maintain training facilities and ensure internal quality
assurance.
(2) Trainers shall be required to renew their training licence
periodically with evidence of continuous professional development
as required by the Authority.
17. (1) The Board may upon evaluation of the application Board to decide on
submitted under these regulations — registration and
licensing.
(a) register the institution and license the programs as applied
for by the institution if satisfied;
(b) register the institution without licensing the programs in
cases where only the infrastructure of the institution is
suitable;
(c) comment or give recommendations for the action of
institution's management; or

(d) rojut the application.

(2) The decision of the Board shall be communicated in
writing to the respective applicants.
 Kenya Subsidiary Legislation, 2015 1627

(3) Where the Board registers an institution and licenses its

programmes, the Board shall issue the institution with a certificate of
registration and the relevant licences.
(4) An institution issued with a certificate under subregulation
(1) shall display such certificate or licences conspicuously on its
premises along with licences and other relevant documents issued by
the Authority.
(5) An applicant to whom the Board makes recommendations
under subregulation (1)(c) may re-submit the application in
accordance with section 20 (3) of the Act within a period of six
months.
(6) Where the Board rejects an application it shall notify the
institution accordingly and require it to comply within a prescribed
period and manner, failure to which the Board may close the
institution either permanently or until the notice is complied with.
PART III —TVET QUALITY ASSURANCE SYSTEMS
18. (1) The Authority shall be the external quality assurance Authority to be
agency of TVET Institution training, but the institutions shall have quality assurance
the primary responsibility for internal quality assurance of their agency.
training programmes, initiation of development and review of
curricula.
(2) Each institution shall establish its own internal quality
assurance policy, systems and mechanisms in line with the
Authority's prescribed guidelines.
(3) Every institution shall—
(a) analyze student performance through a variety of methods
including formal testing, project or experimental work, or
such other means as may be deemed fit, and use the
results for improvement of students' performance;
(b) use the results of student assessment to evaluate and
revise the curriculum and methodology of delivery on a
continuing basis;
(c) ensure appropriate confidentiality of various tests and
assessments and their results;
(d) regularly monitor the student assessment procedures so as
to ensure their adequacy and accuracy.
19. (1) An institution shall make necessary arrangements for Industrial Interface
and Student
having certain classroom sessions taken up by suitable faculty or Development.
experts from the respective industries and may from time to time
arrange industrial attachment for the students.
(2) The institution shall encourage faculty members and
students to take up real life problems from the industry for study and
application of principles taught as a part of course work and shall
encourage students to manufacture under guidance of their faculty
members at the workshops certain tools and equipment or other
products for sale.
 1628 Kenya Subsidiary Legislation, 2015

(3) The institution shall put in place programmes to equip

their students with other skills to be applied in the workplace.
20. (1) In undertaking evaluation and monitoring of Monitoring and
institutions, the evaluators and monitors shall have the power to evaluation.
inquire into infrastructure, equipment, programs, the trainers,
students, or any other relevant matter concerning the institution, and
shall utilize such methods or modalities of evaluation as may be
prescribed under the Act, or any other written law.
(2) A monitor and evaluator acting pursuant to subregulation
(1) shall be required to have at least ten years' experience in
Technical and Vocational Education and Training or industry
practice.
21. Every institution shall— Institutionalization
of standards and
(a) adopt an International Standard for Training Services quality assurance.
providers for non-formal Education and Training;
(b) establish, implement and manage credible quality
assurance systems;
(c) establish and promote appropriate collaborative
arrangements with national and international agencies on
standards and quality assurance; and
(d) establish systems and processes for the continuous review
and improvement of standards and quality assurance.
22. All institutions shall submit the following information to Filing of annual
the Authority on an annual basis in a prescribed format — reports.

(a) data on students and staff;

(b) programmes and time table;
(c) linkages and collaborations;
(d) reports that will enable the Authority to determine if
students have met admission requirements;
(e) reports respecting the student graduation rate and the
employment placement rate of its graduates, and details of
development made in the institution's physical
infrastructure and training; and
(f) any other reports related to compliance with this
Regulation on the request of the Authority.
PART IV—COLLABORATION BETWEEN FOREIGN
INSTITUTIONS AND LOCAL INSTITUTIONS
23. (1) Any foreign institution offering or intending to offer Accreditation of
training and examinations in Kenya, shall apply for accreditation, foreign institutions
and training
licensing and registration in accordance with Section 22 of the Act. programmes.
 Kenya Subsidiary Legislation, 2015 1629

(2) A foreign institution may apply to the Board in the form

prescribed by the Authority for accreditation and approval to enter
into an arrangement with an institution licensed, registered and
accredited in Kenya for the purposes of offering joint training and
instruction or courses of study.
(3) A foreign institution shall be allowed to collaborate with
local registered institutions if such an institution —
(a) is accredited or recognized in the country of origin;
(b) has the programme under collaboration on offer in the
country of origin; and
if the program offered is unique and relevant to a specific market
niche and reflects the national aspirations of the country.
(4) A collaborating foreign institution shall submit to the
Board a duly signed memorandum of agreement between the
collaborating Institutions.
(5) A memorandum under sub regulation (1) shall set out
details of —
(a) the nature of the collaboration;
(b) a statement on the collaborating institutions;
(c) the approved examining body;
(d) the rights and obligations of the students;
(e) the rights and obligations of each of the two
institutions;
(f) the financial arrangements; and
(g) mechanisms of variation and termination of the
agreement.
(6) The admission of students into programmes offered under
collaboration shall be governed by the existing admission criteria in
the local TVET institution.
24. Upon receipt of the application to collaborate under Collaboration
Review.
regulation 23, the Board shall review the application to —
(a) assess and ascertain the veracity of the particulars
submitted ;
(b) verify the training resources, and management and
administrative and social affairs pertaining to the
programme(s) of the institution; and
(c) make such other follow-up investigations relevant to the
collaboration processes it may deem necessary.
25. The Board may upon confirmation that all the Grant of License
to Collaborate.
requirements have been met grant a license to collaborate, and shall
maintain a register of the institutions granted authority to collaborate
with other institutions.
 1630 Kenya Subsidiary Legislation, 2015

PART V —RECOGNITION AND EQUATION OF

QUALIFICATIONS AWARDED BY FOREIGN INSTITUTIONS
26. (1) Holders of diplomas and certificates conferred or Scope.
awarded by foreign institutions may seek recognition or equation of
their qualifications from the Authority.
(2) The Authority may recognize or equate diplomas and
certificates conferred or awarded by foreign institutions in
accordance with the standards and guidelines set by the Authority
from time to time in accordance with the Act.
27.The following principles shall apply to the equation of Principles of
diplomas and certificates — recognition and
equation.
(a) holders of foreign qualifications shall have adequate
access, upon request, to the results of an assessment of
their qualifications;
(b) the procedures and criteria for the assessment of foreign
qualifications shall be transparent, coherent and reliable,
and shall be reviewed periodically with a view to
increasing transparency, taking account of developments
in the education field;
(c) in the assessment of the foreign qualifications concerning
TVET training, the international and national legal
frameworks shall be applied in a flexible way with the
view of making recognition possible;
(d) in cases where the decision is different from the
recognition requested by the applicant, including cases
where no form of recognition is possible, the Board shall
inform the applicant of the reasons for the decision
reached and his or her possibilities for appealing against
it;
(e) while the aim is to assess the foreign qualifications in
qualitative terms, the assessment shall be undertaken
relying on both qualitative and quantitative criteria, the
use of which shall be limited to cases where quantitative
criteria are relevant to quality and may supplement
qualitative criteria; and
(f) recognition of the awards shall be granted wherever
possible, unless there is a substantial difference in terms
of content, profile, workload, quality and learning
outcomes with similar programmes available locally.
28. The Board shall evaluate and equate foreign diplomas Evaluation of
and certificates conferred or awarded by foreign institutions upon Foreign
Qualifications.
their presentation to it, and in doing so shall —
(a) establish the status of the qualifications presented taking
into account the status of the institution or programmes
through which the qualifications were awarded;
 Kenya Subsidiary Legislation, 2015 1631

(b) establish whether the foreign institution belongs to the

countries operating under the auspices of the relevant
international and regional conventions;
(c) take into account the established quality assurance system,
including the system of formal evaluation of TVET
training institutions and programmes in the originating
country;
(d) take into account past practice in similar cases of
recognition, in order to ensure consistency;
(e) identify the qualification in the Kenyan system which is
most comparable to the foreign qualification and where
available, the Board shall consult with the National and
Regional Qualification Frameworks;
(1) consider in a flexible way, the differences if any, in the
content, profile, workload, quality and learning outcomes,
in which case the evaluation shall seek to establish
alternative recognition which shall include —
(i) recognition of the foreign qualification as comparable
to a qualification of Kenya, but not that indicated by
the applicant;
(ii) partial recognition of the foreign qualifications; and
(iii) full or partial recognition of the foreign qualification
subject to the applicant successfully taking additional
examinations, further study, aptitude tests or other
compensatory measures;
(g) in cases where formal rights are attached to a certain
foreign qualifications in the country of origin, the
qualification shall be evaluated with a view to giving the
holder comparable formal rights in Kenya, insofar as
these exist and arise from the learning outcomes certified
by the qualifications;
(h) in cases where qualifications were issued several years
before or under previous higher education structures the
Board shall consider the following—
(i) the extent to which a qualification is outdated will
depend on the field concerned as well as activities
undertaken by the applicant since the qualification
was issued;
(ii) the status of the qualification of the issuing country,
and if a national qualifications framework exists in
the issuing country, it shall be established whether or
not previous qualifications are included in it;
(iii) older qualifications shall be recognized along the
same lines as the more recent and similar
qualifications issued in Kenya taking into account the
 1632 Kenya Subsidiary Legislation, 2015

purpose for which recognition is sought, and relevant

work experience shall be considered for dated
qualifications;
(iv) learning outcomes, the quality of the programme
and its duration as some of the indicators of the level
of achievement reached at the end of the programme;
(v) prior learning, credit transfer, different forms of
access to higher education, joint certificate and
diplomas and lifelong learning in recognition of some
training qualifications which are awarded in short
duration, without diminishing the learning outcomes,
and a decision not to grant recognition shall not be
motivated by duration alone;
(j) previous level of education in cases where these levels
have a serious bearing on the outcome of the evaluation,
and shall as far as possible, be limited to qualifications of
a level immediately preceding the qualification for which
recognition is sought; and
(k) best technical and professional skills, and taking account
of all relevant information, and where adequate
information on the learning outcomes is available, this
shall take precedence in the evaluation over consideration
of the education programme which has led to the
qualification.
29. (1) For a qualification to be recognized or equated under Criteria for
this Part the applicant shall be required to have attained the Recognition and
equation of
equivalent of the minimum requirements for a course leading to a Qualifications.
similar award in Kenya, including, for a diploma —
(a) the Kenya Certificate of Secondary Education certificate
with a minimum aggregate performance of C- or above, or
equivalent qualifications; or
(b) "0" level Division II;
(c) "A" Level Certificate with at least one principal pass;
(d) a Kenya Certificate of Secondary Education certificate
with a minimum D+ or above with a Post-Secondary
School certificate with credit from a recognized institution
in the area of study; and
(e) skills competence that have been assessed by the Board to
be equivalent to diploma as per section 43 of the Act.
(2) The equation of qualifications shall take into account the
criteria for comparability as follows —
(a) previous background or achievement before enrolling for
the qualification;
(b) the minimum core competencies and core programme
learning outcomes in the programme of study;
 Kenya Subsidiary Legislation, 2015 1633

(c) the number of course units permissible to be given credit

transfer as a percentage of the total required course units
for the whole programme;
(d) the stage reached in a given programme of study which
may be considered against the national qualifications
framework which shall be stipulated by the government
from time to time; and
(e) in case of professional courses, whether the candidate is
registered to practise in the country of origin.
30. (1) The sponsor of a private TVET institution operating in Change of
Kenya who intends to change the ownership of the institution ownership of a
TVET institution.
shall—
(a) submit to the Board an application which shall be
accompanied by—
(i) a status report on the institution summarizing the
various facets of institution enrolment, staffing,
programmes, facilities and finances; and
(ii) a draft amended Trust Deed in respect of the
institution;
(b) by providing a brief on the new sponsor;
(c) by providing transition brief highlighting —
(i) the measures to be put in place to ensure continuity for
students;
(ii) the transitional arrangements for the staff of the TVET
institution;
(iii) any anticipated changes in the governance of the
institution; and
(iv) the management of the assets of the TVET institution.
(2) The sponsor shall before making the application under
subregulation (1) ensure the following —
(a) that the change of ownership safeguards the objects and
purpose of the TVET institution;
(b) that the interests of the students and staff are safeguarded;
and
(c) that the change shall conform to the Constitution and the
Act.
PART VI—GENERAL PROVISIONS
31. The fees chargeable for services rendered under these Fees.
regulations shall be as may be gazetted by the Authority from time
to time.
 1634 Kenya Subsidiary Legislation, 2015

32. (1) A person who commits an offence under any provision Penalties.
of these Regulations shall be liable to penalties as set out in the Act.
(2) A person who, without the written consent of the
Authority, uses the name of the Authority in furtherance of or in
connection with any advertisement for any trade, business, calling or
profession, commits an offence and shall be liable to the penalties
set out in the Act.
33. (1) Any person or institution who or which is aggrieved by Appeals.
an act or decision of the Board taken in accordance with any of the
provisions of these Regulations and who desires to question that act
or decision, or any part of it may, within thirty days of the date of
such act or decision, appeal to the Board for a review of its decision,
and thereafter to the Cabinet Secretary if not satisfied with the
decision of the Board for such orders or instructions as may be
deemed necessary.
(2) Any person dissatisfied with the decision of the Cabinet
Secretary may appeal to the High Court.
34 (1) Any local TVET Institution which at the Transitional
commencement of these Regulations is providing Diploma or Arrangements.
Certificate programmes in collaboration with a local University or
TVET institution shall forthwith cease such collaborations and shall
provide a transition system for the benefit of the institution studying
under the collaboration.
(2) All the trainers are required to meet the competency-based
education and training trainer requirements within two years from
the coming into operation of these Regulations.
35. The Authority may, where a local institution is licensed to Revocation of
collaborate with a foreign institution, revoke the licence to Authority issued
Licence.
collaborate issued before the expiry thereof if —
(a) it is of the opinion that such revocation is in the interest of
education in Kenya;
(b) the licensee is in breach of the terms and conditions upon
which the licence was issued;
(c) the licensee is no longer offering the services that require
the licence; or
(d) such changes have occurred which, if they were in
existence at the time of application for the license, the
licence would not have been granted.
36. (1) The Authority may when it deems it necessary issue a Notice to Revoke
notice in writing to the licensee requiring to be addressed by the licence to
Collaborate.
licensee on any relevant issue, including non-compliance within a
specified period.
(2) If within the notice period the licensee does not address
the i ssues highlighted in subregulation (1), the Authority fails to
comply with the notice issued under (1) may revoke the licence (3)
Where a licence is revoked—
 Kenya Subsidiary Legislation, 2015 1635

(a) such revocation shall not affect the awards granted by the
licensee before the date of revocation, and
(b) the local TVET institution shall make necessary
arrangements for the ongoing students complete their
programme where applicable.
37. The Authority may from time to time issue standards and Standards and
guidelines for the implementation of these Regulations. guidelines.
 1636 Kenya Subsidiary Legislation, 2015

SCHEDULE (R 3 (2))
APPLICATION FORMS
CHECKLIST OF REQUIREMENTS FOR APPLICATION FOR REGISTRATION OF
TVET INSTITUTIONS
The following documents are required for the application of Licensing, Registration and
Accreditation of a TVET institution and trainers:
No. Requirement Mark here
1 Certified copy of registration of business name, certificate of
incorporation or Trustee
2 Gazette notice for theestablishment the (For those offering upto
Higher Diploma level)
3 Certified Copy of Public Health Report statement (not more than
twelve (12) months old) on the suitability of premises to be used
4 Evidence of ownership or lease arrangement:If the applicant owns
the structure, the title deed. In the case of lease, a certified copy
of a renewable lease agreement of at least 5 years witnessed by an
advocate who is a commissioner of oaths.
5 Certified copy of Manager's (Sponsor) ID/passportand passport
size photograph
6 Certificates of good conduct for Manager, Principal and Trainers
7 Layout designs of the Institution, specifications of available
infrastructure and equipment
8 Curriculum Vitae and certified copies of certificates for trainers
and Manager by an advocate who is a commissioner of oaths and
their appointment letters.
9 Proof of payment of prerequisite fees
10 Duly completed application forms for registration of TVET
institution
(TVETA/TVET/REG/1) , approval of manager
(TVETA/TVET/REG/2)and trainer(TVETA/TVET/REG/3)
11 List of Directors or Trustees in case of a community or Non
Governmental based institution and their appointment letters.
12 Proposal on Financial ability to establish a TVET institution.

The duly completed forms and supporting documents should be placed in a well-labeled
spring file and submitted to the TVETA Headquarter at Teleposta Towers, 25th Floor.
 Kenya Subsidiary Legislation, 2015 1637

FORM I: TVETA/REG/1
APPLICATION FORM FOR LICENSING, REGISTRATION AND ACCREDITATION
OF TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING (TVET)
INSTITUTION UNDER THE TVET ACT NO. 29 OF 2013
This form should be completed in duplicate by the applicant and placed in a labelled
spring file for onward transmission to the TVETA Headquarters. Ensure that you
complete all sections of this form before returning to the Director-General, TVETA
PART 1
To be completed by the applicant.
1. LEGAL NAME OF INSTITUTION

2. CONTACT ADDRESS
P.O. Box Code Town
Tel Fax E-Mail
Website
3. CATEGORY OF THE INSTITUTION (Based on highest level of Qualifications
offered)
Higher Diploma Diploma Artisan Certificates

I I I .1
4. PHYSICAL LOCATION
(i) County
(ii) Sub-County
(iii) Division
(iv) Location/Town
(v) Village/Estate/Street
(vi) Building Name & Floor
5. LAND PARTICULARS (Attach certified photocopies of title deed or lease agreement)
(i) Plot Number
(ii) Total acreage
(iii) Is the land on leasehold or free hold
(iv) Acreage of total built up area
(v) Type of building structures on site
(vi) In case of rented premises:
Name of Landlord
Address . Tel No.:..
(vii) Duration of lease (Specify Commencement Date)
 1638 Kenya Subsidiary Legislation, 2015

6. NAME AND ADDRESS OF MANAGER (OWNER or REPRESENTATIVE)

Mr./Mrs./Ms./Dr./Prof/Rev
P.O. Box Code Town
Tel Fax
Personal E-mail
7. BOARD OF DIRECTORS/GOVERNORS/COUNCIL OF THE INSTITUTION
Full Name Profession Telephone E-mail

8. MANAGEMENT STRUCTURE OF THE INSTITUTION

Attach an organogram
9. DETAILS OF COURSES APPLIED FOR ACCREDITATION
Course Name Course Duration Examining Status of Enrolment
Level Body Course (State
Whether
Ongoing or
Discontinued)

Total

NOTE: Attach a separate list if space provided is inadequate

10. STATEMENT OF FINANCIAL ABILITY AND FEES TO BE CHARGED
Attach : Proposal for funding to pay salaries and rent for at least 2yrs and Fees to be
charged per year per student.
 Kenya Subsidiary Legislation, 2015 1639

11. TRAINING STAFF DETAILS

S/No. Name of Professional Training Training Full
Trainer Qualification Qualification Experience Time
(e.g. CPA, B.Sc. (e.g B.Ed., Tot) (Years) or
Mechanical Part
Engineering ) Time
1
2
3
4
5
6
7
8
9
NOTE: Extend the rows using the same format, if space provided is inadequate
Attach certified copies of the following documents for Manager, Principal and each
trainer:
(i) Detailed Curriculum Vitae;
(ii) Certified copies of Academic and Professional certificates; and
(iii) Signed Letter of offer of Appointment.
14. PHYSICAL FACILITIES
(a) Administrative Offices
S No. Name Of Office Dimensions In Key Facilities In The Room
Meters
eg. 4.5m X 5m

NOTE Attach an inventory for each room

(b) Classrooms
(i) State the total number of classrooms and total space in m 2
(ii) State the facilities and fixtures in the class rooms
(c) Workshops/ Laboratories/Library.
 1640 Kenya Subsidiary Legislation, 2015

Specifications of available infrastructure and equipment

S. No. Name of Workshop/ Dimensions in total no of tools and
Laboratories/Library meters equipment
eg. 4.5m X 5m

NOTE: Attach an inventory for each room as well as a layout design

(d) Other Facilities (e.g toilets, playgrounds, canteens, firefighting equipment,
kitchen, dormitories etc)
S.No. Name Purpose of Dimensions in Resources in the
Facility Meters Room/Field
Eg. 4.5m X 5m

NOTE: Attach an inventory for each facility

PART III
15. DECLARATION BY THE MANAGER
I hereby declare that I have read the Technical and Vocational Education and Training
Act No. 29 of 2013 and the Sessional Paper No. 14 of 2012 on Reforming Education and
Training and hereby confirm that the training activities will be conducted in accordance
with the provision of the law and related regulations.
I also understand that it is an offence, punishable by law to establish, manage, maintain, or
operate a Technical and Vocational Education and Training (TVET) institution which has
not been registered in accordance with PART IV section 17(2) of the TVET Act No. 29 of
2013
I also declare that to the best of my knowledge the information provided in this form is
true and correct.
Full Name Signature
Date and Stamp
To be completed by the Desk Officer at the TVET Headquarters
 Kenya Subsidiary Legislation, 2015 1641

16. EVALUATION OF APPLICATION DOCUMENTS BY THE DESK OFFICER-

TVET
I hereby declare that I have scrutinized the application form and the supporting
documents, and verified that the form is duly completed and the supporting documents
COMPLY with the checklist in the form (TVETA/REG/1).

DO NOT COMPLY with the checklist in the form (TVETA/REG/1).

I hereby
Recommend the institution be included in the schedule of assessment, in partial
fulfillment for registration as per the provisions in Article 19(la) of the TVET
Act No. 29 of 2013.

Do not recommend the assessment of the institution because of the following

reasons

Name Signature Date

FORM II: TVETA/REG/2

APPLICATION FORM FOR APPROVAL FOR MANAGER or SPONSOR
OF A TVET INSTITUTIONUNDER THE TECHNICAL AND VOCATIONAL
EDUCATION AND TRAINING (TVET) ACT, 2013
This form should be filled in duplicate by the applicant and placed in a well labeled spring
file for onward transmission to the TVETA Headquarter. Ensure that you complete all
sections of this form before returning to the TVETA Headquarter
PART 1
I,
(Give full name in block letter)
ID. No./Passport No (attach a certified copy) of
P.O. Box Tel E-Mail
hereby apply on behalf of
(Insert Myself or Title of the Managing Body)
for approval as a Manager of
(Insert name of Institution/College)
in accordance with Part IV section 18(v) and Second Schedule section 4 of the TVET Act
2013.
2. PHYSICAL LOCATION OF THE INSTITUTION
(i) County
(ii) District/Municipality
 1642 Kenya Subsidiary Legislation, 2015

(iii) Division
(iv) Location/Town
(v) Village/Estate/Street
(vi) Building Name and Floor
3. QUALIFICATIONS AND EXPERIENCE
(i) Qualifications
Year Institution Name Course Title Level Examining body

NB: If space provided is inadequate, attach a separate list

Attach certified copies of certificates listed
(ii) Relevant Work Experience
Year Place of Work Position Held Achievements

NB: If space provided is inadequate, attach a separate list

4. PERSONAL REFEREES
Give the name, address and status of two persons (not a relative) to whom reference can
be made.
Name Occupation
P.O. Box Code Town
Email
Name Occupation
P.O. Box Code Town
Email
5. DECLARATION BY THE MANAGER
I hereby declare that 1 have read the Technical and Vocational Education and Training Act
No. 29 of 2013, the Sessional Paper No. 14 of 2012 on Reforming Education and
Training, and hereby confirm that the training activities will be conducted in accordance
with the provision of the law and related regulations.
I also understand as per the provisions of PART IV Article 17(2) and 23 that it is an
offence, punishable by law to offer training in Kenya unless the Institution and Trainers
have been licensed and registered under the TVET Act No. 29 of 2013
I also declare that to the best of my knowledge the information provided in this form is
true and correct.
Full Name Signature
Date and Stamp
 Kenya Subsidiary Legislation, 2015 1643

TO BE COMPLETED BY THE TVETA DESK OFFICER

6. EVALUATION OF APPLICATION DOCUMENTS BY THE DESK OFFICER-
TVETA
I hereby declare that I have scrutinized the application form and the supporting
documents, and verified that the form is duly completed and the supporting documents
provided
COMPLY with the TVET registration checklist.
( 1
DO NOT COMPLY with the TVET registration checklist.

3ereiT Do not recommend the approval of the Manager because of the following
reasons.

Name of Officer

Signature Date and Stamp

FORM III: TVETA/REG/3

APPLICATION FORM FOR APPROVAL AS ATRAINEROF TVET INSTITUTION
UNDER THE TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING
(TVET) ACT, 2013
This form should be filled in duplicate by the applicant and placed in a labeled spring file
for onward transmission to the TVETA Headquarters. Ensure that you complete all
sections of this form before returning to the TVETA Headquarters
PART 1

(Give full names in block letters)

ID. No./Passport No (attach a certified copy)
P.O. Box Tel E-Mail
hereby apply on for registration and licensing as a TVET trainer in accordance with Part
IV sections 18 (v) , 23 (1) and Second Schedule section 4 of the TVET Act, 2013.
2. QUALIFICATIONS AND EXPERIENCE
(i) Qualifications
Year Institution Name Course Title Level Examining Body

NB: If space provided is inadequate, attach a separate list

 1644 Kenya Subsidiary Legislation, 2015

Attach certified copies of certificates listed

(ii) Relevant Work Experience
Year Place of Work Position Held Achievements

NB: If space provided is inadequate, attach a separate list

3. PERSONAL REFEREES
Give the name, address and status of two persons (not a relative) to whom reference can
be made.
Name
Occupation
P.O. Box Code Town
Email
Name
Occupation
P.O. Box Code Town
Email
4. DECLARATION BY THE TRAINER
I hereby declare that 1 have read the Technical and Vocational Education and Training Act
No. 29 of 2013, the Sessional Paper No. 14 of 2012 on Reforming Education and
Training, and hereby confirm that the I will train in accordance with the provision of the
law and related regulations.
I also understand as per the provisions of PART IV Article 17(2) and 23(1) that it is an
offence, punishable by law to offer training in Kenya unless the trainer has been licensed
and registered under the TVET Act No. 29 of 2013
I also declare that to the best of my knowledge the information provided in this form is
true and correct.
Full Name Signature
 Kenya Subsidiary Legislation, 2015 1645

TO BE COMPLETED BY THE TVETA DESK OFFICER

6. EVALUATION OF APPLICATION DOCUMENTS BY THE DESK OFFICER-
TVETA
I hereby declare that I have scrutinized the application form and the supporting
documents, and I am satisfied the applicant:

E Has met the conditions to be registered as a TVET trainer

D ias NOT met the conditions to be registered as a TVET trainer

I hereby recommend the applicant to be registered as a TVET Trainer in accordance to
section 23 (1) of the TVET Act, 2013

Name
Signature Date and Stamp
FORM IV: TVErA/REG/5
APPLICATION FORM FOR ACCREDITATION OF A FOREIGN
INSTITUTION UNDER THE TVET ACT NO. 29 OF 2013
This form should be filled in duplicate by the applicant and placed in a labeled spring file
for onward transmission to the TVETA Headquarters. Ensure that you complete all
sections of this form before returning to the Director General, TVETA
PART 1
To be completed by the applicant.
LEGAL NAME INSTITUTION AS REGISTERED IN COUNTRY
ORIGIN
FOREIGN CONTACT ADDRESS
P.O. Box Code Town
Tel Fax E-Mail
Website
3. NAME AND ADDRESS OF LOCAL REPRESENTATIVE
Mr./Mrs./Ms./Dr./Prof./Rev
P.O. Box Code Town
Tel .Email
Building Name and Floor (Physical location)
PART II
4. DETAILS OF COURSES APPLIED FOR ACCREDITATION (this must be accredited
in country of origin and are currently been offered there.)
 1646 Kenya Subsidiary Legislation, 2015

NAME OF THE LOCAL ACCREDITED INSTITUTION IN COLLABORATION

Course Name Course Duration Examining Status of Approved
Level Body Course Capacity
(State
Whether
Ongoing or
New )

Total

NOTE: Attach a separate list if space provided is inadequate

5. FOREIGN PROGRAMS ACCREDITATION REPORT
If collaborating with local accredited institution provide your accreditation report
qualifying the Institution)
7. SUPPORTING DOCUMENTS
Link and/or Certified copy of the Accreditation of the Institution in Country of origin
Attach Copies of course program contents and Date of when accredited in Country of
origin
Link of institution the program is offered in country of origin
PART III
8. DECLARATION BY THE MANAGER
I hereby declare that I have read the Technical and Vocational Education and Training
Act No. 29 of 2013 and the Sessional Paper No. 14 of 2012 on Reforming Education and
Training and hereby confirm that the training activities will be conducted in accordance
with the provision of the law and related regulations.
I also understand that it is an offence, punishable by law to establish, manage, maintain,
operate (OR Collaborate with ) a Technical and Vocational Education and Training
(TVET) institution which has not been registered in accordance with PART IV sections
17(2) and 22 of the TVET Act No. 29 of 2013 and
I also declare that to the best of my knowledge the information provided in this form is
true and correct.
Full Name Signature
Date and Stamp
 Kenya Subsidiary Legislation, 2015 1647

TO BE COMPLETED BY THE DESK OFFICER AT THE TVETA

HEADQUARTERS
OFFICIAL USE
16. EVALUATION OF APLICATION DOCUMENTS BY THE DESK OFFICER-TVET
I hereby declare that I have scrutinized the application form and the supporting
documents, and verified that the form is duly completed and the supporting documents are
provided.
COMPLY with the checklist in the form (TVETA/REG/1).

DO NOT COMPLY with the checklist in the form (TVETA/REG/1).

Checked by: Signature

Approved by

Signature Date and Stamp

JACOB T. KAIMENYI,
Cabinet Secretary for Education, Science and Technology.

LEGAL NOTICE No. 243

THE REVISION OF THE LAWS ACT
(Cap. 1)
IN EXERCISE of the powers conferred by section 13 of the
Revision of the Laws Act, the Attorney-General makes the following
Order —
THE REVISION OF THE LAWS (RECTIFICATION) (No.2)
ORDER, 2015
1. This Order may be cited as the Revision of the Laws
(Rectification) (No.2) Order, 2015.
2.
2. The errors specified in the second column of the Schedule, in
the parts of Laws of Kenya specified in the first column, are rectified in
the manner specified in the third column.
SCHEDULE
Part of the Error Rectification
Laws of Kenya
Section 2 of the The words "one Delete and insert
Fertilizers and Animal third of the words "two-thirds
Foodstuffs Act prisons" of the persons".
(Cap.345). appearing in
subsection (3).
1648 Kenya Subsidiary Legislation, 2015

Part of the Error Rectification

Laws of Kenya
Section 2C of the The words "body Delete and insert
Fertilizers and Animal responsible for "Salaries and
Foodstuffs Act matters relating to Remuneration
(Cap.345). remuneration" Commission".
appearing at the
end of the section.
Dated the 16th November, 2015.
GITHU MUIGAI,
Attorney-General.

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