Final Recommendations on Management of Tertiary Educations (TVETs) by the Presidential Working Committee on Education

Globally, the TVET sector is regulated by a central body. However, in Kenya, several bodies in various Ministries, Departments and Agencies (MDAs) created by Acts of Parliament regulate TVET. This has contributed to a multiplicity of standards and qualifications as well as overlaps in the mandate, which render it difficult to regulate the quality of training effectively.

The Governance of Universities is marked by several contradictions, overlaps and ambiguities. The implementation of the Universities Act has revealed these challenges, as evidenced by the numerous legal challenges in Courts. The appointment of key governance organs has either been delayed or contested due to these legal loopholes and obstacles. In addition, while the regulation of Universities in Kenya is principally made by the Commission for University Education, several other bodies also have legal accredited programmes within Universities, especially those registered by professional bodies. This has caused duplication of roles. Despite court rulings and advisory by the Attorney General to ensure coherence by clarifying that CUE has the sole responsibility, these duplications persist, leading to inefficiency.

In Kenya, the research focus is divided between research in Universities and outside Universities. Therefore, there is a need for more comprehensive and strengthened research governance in Kenya to improve its outputs and contribution to the national agenda.

Despite the TVET sector playing a critical role in national development, the institutions established under TVETA Act have suffered legislative challenges, including the non-operationalising of some and past attempts to merge or disband others. There is also a duplication of mandates between TVET CDACC and KICD on curriculum development and KNEC on assessment. The other legislative challenge relates to the overlaps between the TVET Act and the Industrial Training Act; and the lack of linkages in the regulation and governance of VTCs and TVCs.

On funding, the existence of three funding agencies, HELB, UFB and TVETF, has led to duplication and inefficiency. These entities support the same stakeholders. Merging the three agencies has important advantages. One, it will enhance accountability in funding students and degree programmes discussed above. It will indeed ensure enhanced funding for students. Two, it will harmonise the operations of the three agencies and enable them to deliver a ‘funding mandate’ as one.

Merging the three institutions will reduce duplication of efforts and indeed curb the wastage of resources that attends to inefficiencies where mandates and functions overlap. The proposed merger will certainly reduce operating costs for running three different agencies. The merger will also lead to evidence-based decision-making in funding higher education, with each agency contributing its experience and evidence to a coordinated process.

The inclusion of KUCCPs within the same legislative framework as the merged entities will ensure that there is greater coherence in the implementation of the new funding model in the higher education sector and, secondly, remove the current legislative incoherence where KUCCPs are supposed to support both TVET and Universities sub-sectors but is anchored in the law for Universities only with no reference in the TVET Act.

Recommendations on Laws Governing Tertiary Education

1. Amend the TVET Act as follows:
   • Section 7 (a) by deleting the words “and coordinate;”
   • Section 7 (d) by deleting the word “determine” and replace with “promote”;
   • Delete Section 8 (1) (d);
   • Section 26 (1)(b) and (d); by deleting the words “up to” and replacing them with the words “Diploma and” to ensure Artisan Certificates are offered only at
   • Delete Section 26 (1) (c);
   • Amend Section 29 by deleting paragraph (l) and replacing with a substantive provision providing for the establishment of the Intergovernmental Technical Trainers Service Council to employ, transfer, promote and remunerate all technical trainers except those employed by TSC to teach in Basic
   • To establish the Kenya School of TVET and provide for its decentralization to
   • Delete Section 28 (1) (a).
2. Delete Section 4 (d) (viii) of the KICD Act and Section 10 (1) (a) of the KNEC Act to transfer the curriculum and assessment functions to TVET
3. Repeal the Industrial Training Act and merge the National Industrial Training Authority (NITA) with TVET
4. Transfer the training levy function from NITA to the proposed amalgamated funding body e. Tertiary Education Placement and Funding Board.
5. Amend the Universities Act as follows:
   • Section 2 to include definition of “Specialised Degree Awarding Institutions”.
   • Section 20 (1) (e) (ii) to delete the word diploma and delete Section 20 (e)

(iii) to restrict Universities from offering certificates and ordinary diplomas.

• Section 25 (2) by adding the words “or was previously” to enable former National Polytechnics to qualify to become Technical Include a transitional clause to enable the re-charting of the Technical University of Kenya (TUK) and Technical University of Mombasa (TUM) under this provision.
• Delete Section 26 providing for the establishment of a University in every
• The Second Schedule to provide for the process of identification of Chancellors through a selection Panel constituted by Cabinet Secretary to recommend three nominees, one of whom will be considered for appointment by the
• Section 35 (1) (a) (v) to exclude the PSC from the process of appointment and provide for competitive recruitment by council who will submit three names to the Cabinet Secretary for appointment of a Vice Chancellor, Deputy Vice Chancellors and Principals and Deputy Principals of Constituent
• Section 36 (1) (d) to delete the phrase “through an open process in such a manner as may be prescribed in guidelines issued by the Cabinet Secretary”
• Insert Section 36(1B) to read “in the case of appointment of council members, the Cabinet Secretary shall constitute a selection panel to identify and make recommendations to the Cabinet Secretary on qualified and suitable persons for consideration and appointment as Chairperson and Council Members in line with Section 36 (3) of the
• Section 36 (2) to reduce the minimum qualification of chairperson of council from a doctorate degree holder to a master’s degree holder with at least 10 years experience in management
• Section 38 (4) to include the requirement that the Chancellor must be a holder of an earned PhD and have had a distinguished career in public or private
• Insert a new Section on Merger, Conversion and Amalgamation of
• Second Schedule to replace PSC with the

6. To remove overlap in accreditation of academic programmes in Universities and to comply with court judgement prohibiting professional bodies from charging levies and engaging in accreditation of programmes in Universities. Amend the following laws:
   • Section 7 (1) (i) (m) of the Engineers Act 2011, 3 of 2012;
   • Section 5 (1) and 5(2) (a) — (e) of the Medical Laboratory Technicians and Technologists Act, 253a;
   • Section 8 (1) (a) and 8 (4) of the Legal Education Act, 27 of 2012;

• Section 13 (1) of the Advocates Act;
• Section 6(1), 7(1) and 7(2) (a) of the Veterinary Surgeons and Veterinary Para-Professionals Act 29 of 2011;
• Section 6 (d) of the Nutritionists and Dieticians Act 18 of 2007;
• Section 4 (1) (b) (c) and (f) of the Medical Practitioners and Dentists Act 253; and
• Section 4 (g) of the Media Act, 411B.

7. Section 12 (3) of the STI Act to exclude Universities from paying license research
8. Amend Section 33 of the STI Act to provide for a framework for distributing the 2% of the Research Fund to the TVETs, Universities and Research
9. Undertake a more comprehensive review of legislation on Intellectual Property & Innovation
10. Develop a comprehensive legislation governing research governance in the country and establishing and establishing a National Research Council (NRC) with a director general and under the coordination of the office of the President. The Act should also provide for directors responsible for specific
11. To provide for the amalgamation of all tertiary funding bodies:
    • Repeal the HELB Act;
    • Delete the Part VII (KUCCPS) and VIII (UFB) of the Universities Act and Part IX (TVETFB) of the TVET Act;
    • Develop the Tertiary Education Placement and Funding Bill (Attachment 4 in Appendix 11.1) establishing the Tertiary Education Placement and Funding Board with KUCCPS, HELB, UFB and TVETFB as directorates. This will create a strong agency to fund students at the tertiary level of education and to ensure coherence between funding and placement; and
    • Transfer the training levies functions from the ITA Act and the Tourism Act to the proposed Tertiary Education Placement and Funding