ADVOKS GLOBAL · KENYA
Basic Education Act
10. Appointment and term of Chairperson and members.
Edition: 2022-12-31 · In force
10. Appointment and term of Chairperson and members.
(1)Upon commencement of this Act or whenever there is a vacancy in the Board, the Cabinet Secretary shall, within fourteen days of the occurrence of the vacancy, appoint a Selection Panel for the purpose of selecting suitable candidates for appointment as the Chairperson or member of the Board.(2)The Selection Panel appointed under subsection (1) shall consist of a Chairperson—(a)two persons to represent registered School Heads Association;(b)a representative of the Cabinet Secretary responsible for matters relating to education who shall be the Secretary to the Selection Panel;(c)one person to represent the Public Service Commission;(d)one person to represent the National Council for Persons with Disabilities;(e)three persons nominated by the following bodies-(i)a joint forum of the National Council of Churches of Kenya and the Evangelical Fellowship of Kenya;(ii)the Kenya Conference of Catholic Bishops ; and(iii)the Muslims Education Council.(f)one person to represent the Kenya Private Sector Alliance;(g)one person to represent the Teachers Service Commission.(h)two persons to represent trade unions of teachers;(i)one person to represent organizations dealing with children's rights; and(j)one person to represent an association of parents.(3)The Selection Panel shall, subject to this section, determine its own procedure, and the Cabinet Secretary responsible for education shall provide the Panel with such facilities and such other support as the Panel may require for the discharge of its functions.(4)The Selection Panel shall, within seven days of its convening, invite applications, in at least two newspapers of nationwide circulation from qualified persons to be submitted within twenty-one days from the date of the invitation.(5)The Selection Panel shall within seven days of receipt of applications under subsection (4) consider the applications and publish the names and academic qualifications of all shortlisted applicants in at least two daily newspapers of nationwide circulation.(6)The Selection Panel shall within fourteen days of the publication under subsection (5) interview and identify three persons qualified for appointment as Chairperson and thirteen persons qualified for appointment as members of the Board and shall forward the names of the selected candidates to the Cabinet Secretary for appointment.(7)The Cabinet Secretary shall, within seven days of receipt of the names forwarded under subsection (6) appoint the Chairperson and members of the Board.(8)Where the Cabinet Secretary rejects a nominee or all of the nominees submitted by the Selection Panel for approval under paragraph (6), the provisions of paragraph (1) to (5) shall apply.(9)In rejecting a nominee or nominees, the Cabinet Secretary shall attach a memorandum indicating the reason for such rejection.(10)The Selection Panel convened under subsection (1) shall stand dissolved upon the appointment of the Chairperson or member of the Board whichever is the later.(11)In short listing, nominating or appointing persons as Chairperson and members of the Board, the Selection Panel and the Cabinet Secretary shall observe the principle of gender equity, regional, ethnic and religious balance, transparency, openness and competitiveness and shall have due regard to the principle of equal opportunities for persons with disabilities.(12)The Selection Panel may, subject to this section, determine its own procedure.