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Re-Registration And De-registration Of Basic Education Institutions In Kenya

Re-Registration And De-registration Of Basic Education Institutions In Kenya

 Institutions shall be assessed and registered afresh when they change from public to private or from private to public among other factors.

 Changing from Public to Private Institution

  • A registered public institution can only change its status as prescribed by Basic Education Act 2013 Section 43(2). The following steps shall be adhered to: –
  • Advertise in local newspapers with countrywide circulation.
  • Valuation of government input in the institution for compensation purposes. This shall enable the government to build and equip a new institution. The valuation shall include all projects funded by various government agencies e.g. Constituency Development Fund, County Governments and funds contributed by parents.
  • Community participation and approval of Parents of the institution, Board of Management, area Chief, MCA, MP, Senator, and Governor.
  •  Recommendation by the County Education Board.
  •  Approval by the Cabinet Secretary.
  •  The change of status shall be Gazetted by the Cabinet Secretary (CS).

Change from Private to Public institution

Private institutions may be changed to public institutions as long as all the proprietor(s) provide a written agreement made on oath and there is no cost implication to the Government. 

The institution shall be free from all forms of liabilities. The land on which the institution stands must be transferred to the Government. This process shall be IRREVERSIBLE.

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Factors leading to Re-Registration

i. Increase in enrolment (beyond the approved enrolment);

ii. Change from mixed to single-sex, from day to boarding and vice versa;

iii. Introduction of a new curriculum or course other than the one originally registered for;

iv. Transfer of the institution to a new’ site;

v. Re-opening of an institution that had been closed for at least one (1) year;

vi. Change of ownership or manager of the institution;

vii. Change or modification of the institution name;

viii. Introduction of a new level in an already existing institution;

ix. Registration of a previously de-registered institution;

x. Expiry of the validity period (5 years);

xi. Where there had been a change of use of facilities in the institution, other than for educational purposes;

xii. A deregistered institution that successfully appealed the deregistration

xiii. Any other legal provisions that may necessitate re-registration.

NB: Where there is a new delimitation of boundaries by relevant authorities occasioning a change of name of the physical location, the institution shall initiate the process of updating their Certificate of Registration with the CEB (This shall not require assessment for re-registration);

DE-REGISTRATION OF BASIC EDUCATION INSTITUTIONS.

Institutions of learning can be de-registered under the following circumstances:

failure to maintain the required standards set by the Ministry of Education;

ii. Fraudulent acquisition of registration status/certificate;

iii. Involvement in examination irregularities;

iv. Failure to offer the approved curriculum;

v. Reported and proven abuse of learners’ rights;

vi. Employment of unregistered teachers;

vii. Non-compliance with Basic Education Act, 2013 and/or any other applicable existing legal provisions, regulations and guidelines by the Government.

PROCESS OF DE-REGISTRATION

  1. For de-registration of an institution, the following process shall apply:
  2. An adverse report on contravention of legal provisions or involvement in any one of circumstances mentioned in 7.0;
  3. An assessment by Quality Assurance and Standards Officers to ascertain the allegations and a report prepared with recommendations to the FEB;
  4. The institution shall be temporarily closed by the CEB following the recommendation of the report;
  5. The CEB shall meet and make resolutions which shall be forwarded together with all relevant supporting reports to the CS for action;
  6. The CS shall write to the institution’s Board of Management through the CEB on the resolution to deregister the institution;
  7. The CS shall Gazette deregistration of the institution in the Kenya Gazette;
  8. The Registration Certificate shall be returned and canceled by the CEB;
  9. The institutions’ stakeholders can appeal to the Cabinet Secretary to lift the gazette notice deregistering the school after three (3) months.

CLOSURE OF A REGISTERED PRIVATE INSTITUTION BY THE PROPRIETOR

A proprietor of a registered institution can close it as long as the following steps are observed:

  • Inform parents and other stakeholders of the intent to close at least one year in advance;
  • Provide details of where affected learners shall be moved to (where applicable);
  • Hand over all uncollected KCPE/KCSE certificates or any other certificates in their custody to the Sub-County Director of Education.

Re-Registration And De-registration Of Basic Education Institutions In Kenya
Re-Registration And De-registration Of Basic Education Institutions In Kenya
  • Give a one year notice of intent to close the institution to the CEB and provide minutes of public participation by the stakeholders;
  • v. Return the registration certificate to the CEB;
  • CEB shall notify the institution of the cancellation of the registration certificate through a letter.
  • vii. Closure must be done at the end of the school calendar year only.

* The CDE shall ensure those learners in the institutions access education and are placed in other learning institutions

REGISTRATION FEE

Those applying for Registration of Educational Institutions will pay to the Principal Secretary a non-refundable fee which shall be revised from time to time as follows: –

Private Educational Institutions:

– One Year Provisional Registration: Kshs. 10,000/= 

– Five Year Registration: Kshs. 10,000/= 

– Re-Registration: Kshs. 10,000/= 

10.0 Public Educational Institutions:

– One Year Provisional Registration: Kshs. 10,000/= 

– Five-year Registration: Kshs. 10,000/= 

– Re-Registration: Kshs. 10,000/= 

NB: The registration fee shall strictly be payable by banker’s cheque addressed to the Principal Secretary and titled “Registration Fees”

 RENEWAL OF REGISTRATION CERTIFICATE

A certificate of 5-year registration shall be valid for 5 years.

It is anticipated that institutions shall have had changes in enrolment and infrastructure among others which may necessitate re-registration.

Institutions shall therefore be assessed for renewal of the certificate 3 months before the expiry of the 5-year period.

Structural assessments shall be carried out in all facilities in the institution by the Department of Public Works.

Re-Registration And De-registration Of Basic Education Institutions In Kenya

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