REPUBLIC OF KENYA
PARLIAMENT
SENATE BILLS
(Bill No. 3 of 2022)
THE VOCATIONAL TRAINING BILL, 2022
(A Bill published in the Kenya Gazette Supplement No. 162 of 26th October, 2022 and passed by the Senate, with amendments, on Tuesday, 6th June, 2023.)
RECEIVED
THE VOCATIONAL TRAINING BILL, 2022 ARRANGEMENT OF CLAUSES
Clause
PART I — PRELIMINARY
1. — Short title. 2. — Interpretation. 3. — Guiding principles. 4. — Obligations of the National Government. 5. — Obligations of the county government. 6. — Role of the management of a vocational education and training centre. 7. — Trainee with disability.
PART II — ESTABLISHMENT, REGISTRATION AND ACCREDITATION OF VOCATIONAL TRAINING CENTRES
8. — Categories of vocational training centres. 9. — Establishment of public county vocational training centres. 10. — Sponsorship. 11. — Register to be kept. 12. — Requirement for registration of vocational training centres. 13. — Registration and licensing of vocational training centres. 14. — Requirements in relation to a vocational training centre. 15. — Accreditation. 16. — Cancellation of a licence. 17. — Notice of non-compliance. 18. — Closure of a vocational training centre. 19. — Penalty.
PART III — MANAGEMENT OF VOCATIONAL TRAINING
20. — Management of vocational education and training within a county. 21. — Board of management. 22. — Functions of the Board. 23. — Conduct of business and affairs of the Board. 24. — Committees of the Board. 25. — Remuneration of members of the Board. 26. — Vacation of office of member of the Board. 27. — Annual report on governance. 28. — Record keeping. 29. — Vocational education and training trainers.
PART IV — STANDARDS AND QUALITY OF EDUCATION AND TRAINING
30. — Framework of curriculum. 31. — Education and training programmes. 32. — Examination and competency assessment. 33. — Quality assurance.
PART V — TRANSITIONAL PROVISIONS
34. — Existing vocational training centres. 35. — Preservation of licences, certificates and registrations. 36. — Transfer of assets, liabilities and staff.
PART VI — MISCELLANEOUS PROVISIONS
37. — General penalty. 38. — Regulations.
Short title.
Interpretation.
No. 29 of 2013.
No. 14 of 2013.
THE VOCATIONAL TRAINING BILL, 2022
A Bill for
AN ACT of Parliament to provide a framework for the establishment of systems for the administration of vocational education and training within a county, and for connected purposes.
ENACTED by the Parliament of Kenya, as follows —
PART I — PRELIMINARY
1. This Act may be cited as the Vocational Training Act, 2022.
2. In this Act —
"Authority" means the Technical and Vocational Educational and Training Authority established under section 6 of the Technical and Vocational Education and Training Act;
"Board" means a board of management of a public vocational training centre established under section 21(1);
"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to vocational education and training;
"centre manager" means the administrator of a vocational training centre who is responsible for the implementation of policy guidelines and professional practice in the training centre;
"Council" means the Technical and Vocational Education and Training Curriculum Development, Assessment and Certification Council established under section 44(1) of the Technical and Vocational Education and Training Act;
"County Education Board" means the County Education Board established under section 17 of the Basic No. 17 of 2012.
No. 4 of 2013.
No. 22 of 2014.
Education Act;
"county executive committee member" means the county executive committee member responsible for matters relating to vocational education and training within each county;
"county public service board" means the Board established under section 57 of the County Governments Act;
"curriculum" means all approved courses taught or programmes offered in a vocational training centre;
"integrated vocational training centre" means a vocational training centre designed to accommodate and provide courses and training suitable for the needs of a trainee with disability or special needs;
"Kenya Institute of Curriculum Development" means the Kenya Institute of Curriculum Development established under section 3 of the Kenya Institute of Curriculum Development Act;
"learner with disability" means a learner whose mental characteristics, sensory abilities, physical characteristics, emotional and social adjustment or communication abilities are impaired and includes a learner who suffers from long term disability which has a substantial or long-term effect on an individual's ability to carry out ordinary day-to-day activities including learning growth and development;
"National Qualifications Framework" means the national system for the articulation, classification, registration, quality assurance, and the monitoring and evaluation of national qualifications as developed in accordance with the Kenya National Qualifications Framework Act;
"private vocational training centre" means a vocational training centre established, owned or operated by a private person;
"public vocational training centre" means a vocational training centre established, owned or operated by a county government and includes a sponsored vocational training No. 29 of 2013.
Guiding principles.
centre;
"sponsor" means a person or institution that makes a significant contribution and impact on the academic, financial and infrastructural development of a vocational training centre;
"trainee" means a person enrolled in a vocational training centre to pursue vocational training;
"trainer" means a person who is licensed and registered as a trainer under the Technical and Vocational Education and Training Act;
"transitional certificate" means a certificate issued under section 34(4); and
"vocational education and training" means the vocational training programmes imparted to a trainee in a vocational training centre.
"vocational training center" means an institution providing training leading to the award of a certificate up to the level of artisan.
3. Every person shall, in the exercise of powers and performance of functions under this Act, be guided by the following principles —
(a) coordinated public participation in the formulation, implementation, monitoring and evaluation of policies and plans; promotion of uniform standards of vocational education and training in the country;
(b) equality, equity and non-discrimination in the provision of vocational education and training, and the recognition of trainees with disability;
(c) promotion of innovativeness, technology transfer and an entrepreneurial culture;
(d) transparency in the allocation and utilization of public and private resources, and in the
Obligations of the National Government.
implementation of programmes and activities relating to vocational education and training;
(e) ensuring that interventions are based on objective information and methods;
(f) accountability through developmentally appropriate methods of monitoring and evaluation in tracking the skills and knowledge acquisition of a trainee, and the improvement of the vocational education and training education system and programs; and
(g) collaboration with the national government and relevant stakeholders in the implementation of activities necessary for the provision of vocational education and training.
4. The Cabinet Secretary shall, for the coordinated development, management and implementation of county vocational education and training by county governments, be responsible for the —
(a) development of an education, training and research policy on county vocational education and training;
(b) development of examination standards and certification;
(c) development of a curriculum and co-curricular on vocational education and training;
(d) accreditation of institutions and programmes on county vocational training and education in collaboration with the respective county executive committee members;
(e) training and registration of vocational education and training trainers;
(f) capacity building and technical assistance on the implementation of county vocational education and training to the county governments;
(g) establishment of partnerships and linkages to
Obligations of the county government.
support vocational education and training;
(h) setting of standards for the registration and licensing of vocational education training institutions by the county governments;
(i) setting of standards for minimum qualification for trainers working in vocational training centres;
(j) provision of budget support and resource mobilisation to subsidise vocational education and training at the counties;
(k) monitoring and evaluation of the implementation of vocational training programmes in the counties;
(l) development and implementation of a national qualifications framework to provide for progression, recognition and equation of qualifications, credit transfers and exemptions with respect to vocational education and training in counties; and
(m) registration and accreditation of private vocational training centres in collaboration with the respective county executive committee members.
5. Each county government shall, for the development of vocational education and training in the respective county and implementation of this Act —
(a) put in place the necessary training infrastructure, equipment, learning and teaching resources in the delivery of vocational education and training in the respective county;
(b) formulate and implement county specific programmes, plans and policies to ensure availability, accessibility and effective delivery of vocational education and training;
(c) be responsible for the staffing of personnel in vocational education and training institutions in the county and supervision of vocational education and training within the county;
(d) implement the policies, strategies and standards developed by the county government for the
Role of the management of a vocational training centre.
delivery of vocational education and training and implementation of this Act;
(e) provide the funds necessary for the development of vocational training centres and for the administration of vocational education and training within the county;
(f) identify trainees with disability in the county, undertake an assessment of their needs and put in place measures for the provision of vocational education and training to them;
(g) carry out public awareness and advocacy programmes in relation to vocational education and training in the county;
(h) collaborate with international, national and local institutions in the provision of vocational education and training; and
(i) promote the circulation of and access to up-to-date and timely information on vocational education and training.
6. A person who is issued with a licence to establish a vocational training centre shall —
(a) put in place the structures necessary for the management and administration of vocational education and training programmes in the centre;
(b) employ qualified trainers and other personnel to offer services at the vocational training centre;
(c) administer a curriculum on vocational education and training approved in accordance with this Act;
(d) ensure the provision of quality services in the vocational training centre;
(e) ensure that the premises meet the requirements of the occupational health and safety regulations and building standards prescribed under this Act
Trainee with disability.
No. 14 of 2003.
and any other law;
(f) provide the necessary training and learning materials and equipment; and
(g) meet such other requirements as may be prescribed under this Act and as the county executive committee member in consultation with the Council may prescribe for the delivery of quality vocational education and training services within the respective county.
7. (1) Each county executive committee member shall, in consultation with the National Council for Persons with Disabilities established under section 3 of the Persons with Disabilities Act, establish a mechanism for the identification of trainees with disabilities and put in place such measures as may be necessary to ensure access to and provision of vocational education and training to trainees with disabilities.
(2) In performing the functions under subsection (1), the county executive committee member shall —
(a) put in place the necessary infrastructure and mechanisms to ensure that trainees with disability are provided with appropriate interventions;
(b) establish adequate vocational training centres, facilities and rehabilitation services to cater for trainees with disability;
(c) equip existing county vocational training centres with the necessary structures to enable access by persons with disability;
(d) conduct training and capacity building programmes targeting centre managers, trainers and staff of vocational training centres that provide vocational education and training to trainees with disabilities;
(e) put in place adequate facilities and ensure that every public vocational training centre
providing training to trainees with disability is accessible and has adequate trainers; and
(f) put in place measures to ensure the production of or access to affordable assistive aids and devices for trainees with disability.
(3) The county executive committee member shall, in consultation with the National Council for Persons with Disability, make regulations setting out the criteria for the identification of trainees with disabilities under subsection (1) and for the effective implementation of this Act.
PART II — ESTABLISHMENT, REGISTRATION AND ACCREDITATION OF VOCATIONAL TRAINING CENTRES
Categories of vocational training centres.
Establishment of public county vocational training centres.
Sponsorship.
8. Vocational training centres shall be categorised as —
(a) public vocational training centres; or
(b) private vocational training centres.
9. Each county government shall, in consultation with the relevant stakeholders, establish and maintain such vocational training centres as it may consider necessary.
10. (1) A public vocational training centre may be sponsored by a private person.
(2) Sponsorship under subsection (1) shall be for the enhancement of vocational education and training programmes and contribute directly or indirectly to the quality of vocational education and training administered in the vocational training centre.
(3) A sponsor shall not compromise the implementation of any law applicable to the respective vocational training centre or the professional standards and ethics of instructions in a vocational training centre.
(4) Notwithstanding the fact that the sponsor of a vocational training centre is a faith based institution, the curriculum in the training centre shall be secular.
Registers to be kept.
Requirement for registration of vocational training centres.
No. 29 of 2013.
11. (1) The county executive committee member in each county government shall keep and maintain a register of —
(a) persons registered to provide vocational education and training within the county;
(b) licensed vocational training centres within the county;
(c) vocational training centres whose licences have been cancelled or suspended;
(d) vocational training centres' updated assets and liabilities;
(e) learners in all vocational training centres;
(f) instructors and trainers in vocational training centres;
(g) vocational training centres' integrated development plans for inclusion in the County Integrated Development Plans; and
(h) such other particulars as the county executive committee member may from time to time determine.
(2) A person may inspect the register and obtain a copy of, or an extract of the register from the county executive committee member upon payment of such fee as shall be prescribed under the county legislation.
12. A person shall not own or operate a private vocational training centre unless —
(a) the vocational training centre is registered in accordance with the Technical and Vocational Education and Training Act; and
(b) such person is issued with a licence to operate a vocational training centre.
Registration and licensing of vocational training centres. No. 29 of 2013.
PART II — REQUIREMENTS IN RELATION TO VOCATIONAL TRAINING CENTRE
Accreditation
**No. 29 of 2013**
**13.** The registration and licensing of vocational training centres shall be in accordance with Part IV of the Technical and Vocational Education and Training Act.
**14.** In establishing a vocational training centre, a county government shall ensure that the—
(a) premises meet the occupational health, safety regulations and building standards prescribed under this Act and the respective county legislation;
(b) vocational education and training offered at the centre meet the requirements set out under this Act and any other relevant law;
(c) vocational training centre is accessible, taking into account the disability of trainees;
(d) trainers and other staff of the vocational training centre are registered and qualified to offer vocational education and training; and
(e) vocational training centre is equipped with suitable training infrastructure, learning and teaching resources.
**15.** (1) A foreign institution which intends to offer vocational education and training in Kenya under this Act, shall apply to the Technical and Vocational Education and Training Authority Board for accreditation.
(2) An accredited institution may apply to the county executive committee member in the prescribed form for approval to enter into an arrangement with a licenced vocational training centre in a respective county for purposes of offering joint training or a training programme.
(3) A training programme offered under subsection (2) shall be approved by the Cabinet Secretary in consultation with the Authority.
Cancellation of licence and deregistration
**16.** (1) The county executive committee member may, in consultation with the Authority, and subject to the provisions of section 17, cancel a licence and deregister a vocational training centre if—
(a) the vocational training centre violates any of the provisions of this Act or any other applicable law;
(b) a serious criminal activity has been or is being committed in the vocational training centre; or
(c) the training centre has ceased to be a vocational training centre or closed down.
(2) The county executive committee member shall not cancel a licence under subsection (1) unless the county executive committee member—
(a) issues to the licensee a notice specified under section 17 of at least fourteen days of its intention to cancel the licence; and
(b) grants the licensee an opportunity to be heard.
Notice of non-compliance
**17.** (1) A county executive committee member shall, in consultation with the Authority, and before cancelling a licence and deregistering a vocational training centre, issue to the licensee a compliance notice in the prescribed form.
(2) A compliance notice issued under subsection (1) shall—
(a) be in writing;
(b) contain information on the areas of noncompliance and the steps required to be undertaken in order to comply;
(c) set out the time within which to comply with the notice; and
(d) contain information on the consequences of noncompliance.
(3) A county executive committee member may, upon request by the licensee, extend the period for compliance for such period as the county executive committee member may consider necessary to ensure compliance.
Closure of a vocational training centre
**18.** (1) A person shall not close down a vocational training centre unless the person has applied for, and obtained, the approval of the county executive committee member.
(2) A person who intends to close down a vocational training centre for any other reason other than the grounds set out under section 16 shall, in the prescribed form,—
(a) inform the county executive committee member of the intention to close down the vocational training centre; and
(b) submit a report to the county executive committee member setting out—
(i) the number of trainees who have not completed training and the level of training of each trainee;
(ii) the management and persons employed in the vocational training centre;
(iii) any investigations or cases that may have been commenced, pending or instituted against the vocational training centre; and
(iv) such other information as the county executive committee member may require.
(3) The county executive committee member shall, upon receipt of an application to close down a vocational training centre under subsection (2), consider the application and may refuse to approve the closure if—
(a) the manager has failed to comply with subsection (2); or
(b) the closure will not be in the best interest of the public.
Penalty
**19.** A person who contravenes the provisions of sections 10(3), 12, 15 and 18(1) of this Act, commits an offence and shall be liable, on conviction, to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both.
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PART III — MANAGEMENT OF VOCATIONAL TRAINING
Management of vocational education and training within a county
**20.** (1) Each county government shall be responsible for the overall governance and management of vocational education and training under this Act within the respective county.
(2) The county executive committee member in each county shall, in consultation with the Authority, determine the vocational education and training resources and infrastructure requirements within the county.
Board of management
**21.** (1) There is established in each vocational training centre, a Board to be known as the Board of Management.
(2) The Board shall comprise—
(a) a chairperson;
(b) a representative of the county government in the respective county within which the institution is located;
(c) a representative of the Cabinet Secretary in the county;
(d) one representative of the teaching staff elected by trainers in the training centre;
(e) one representative of the non-teaching staff elected by the non-teaching staff in the training centre;
(f) one person nominated by parents to represent parents of the trainees in the centre;
(g) two persons appointed on the basis of their knowledge and experience in—
(i) leadership and management;
(ii) financial management;
(iii) technology;
(iv) industry;
(v) engineering; or
(vi) information communication technology.
(h) the centre manager or the head of the vocational training centre who shall be an ex officio member and the secretary to the Board.
(3) The county executive committee member shall appoint the persons nominated to the Board by a notice in the Gazette.
(4) The members of the Board shall have a minimum qualification of post-secondary education.
(5) In appointing the members under subsection (2), the county executive committee member shall take into account the need to ensure gender and ethnic representation.
Functions of the Board
**22.** The functions of the Board shall, in addition to the functions under section 29 of the Technical and Vocational Education and Training Act, be to—
(a) oversee the provision of education and training in the vocational training centre in accordance with the provisions of this Act or any other law;
(b) manage the property of the vocational training centre;
(c) manage the vocational education and training programmes in the vocational training centre by promoting and maintaining standards, quality and relevance of education and training;
(d) develop and implement a vocational education and training strategic plan for the centre;
(e) mobilize resources for the vocational training centre;
(f) regulate the enrolment and exclusion of trainees from the vocational training centre;
(g) prepare annual estimates of revenue and expenditure for the vocational training centre;
(h) incur expenditure on behalf of the vocational training centre;
(i) receive, on behalf of the vocational training centre, fees, grants, donations, bequests or other moneys and to make disbursements on behalf of the vocational training centre; and
(j) carry out such other functions as may be necessary for the effective management of the vocational training centre.
Conduct of business and affairs of the Board
**23.** The Board shall conduct its affairs in accordance with the provisions of the Second Schedule of the Technical and Vocational Education and Training Act.
Committees of the Board
**24.** (1) The Board may establish such committees as it may consider appropriate to perform such functions and discharge such responsibilities as it may determine.
(2) The Board may co-opt such persons, not exceeding two in number, to sit in a committee, whose knowledge and skills are found necessary for the performance of the functions of the Board.
Remuneration of members of the Board
**25.** Members of the Board shall be paid such allowances and disbursements for expenses as may be approved by the County Public Service Board in consultation with the Salaries and Remuneration Commission.
Vacation of office of member of the Board
**26.** The office of a member of the Board shall become vacant if the member—
(a) dies;
(b) resigns by a letter addressed to the county executive committee member;
(c) is convicted of an offence punishable by imprisonment for at least six months;
(d) is absent from three consecutive meetings of the Board without the permission of the Chairperson;
(e) contravenes Chapter Six of the Constitution;
(f) has a physical or mental incapacity that renders the person unfit to perform the functions of office;
(g) is incompetent; or
(h) is adjudged bankrupt.
Annual report on governance
**27.** The Board shall submit an annual report on the management of a vocational training centre to the county executive committee member and the Authority.
Record keeping
**28.** Every vocational training centre shall avail to the county executive committee member and the County Education Board on request,—
(a) a register of the trainees who attend or have attended the vocational training centre;
(b) a record of the attendance of trainees at the vocational training centre;
(c) a record of all fees and other charges paid in respect of a trainee's attendance at the vocational training centre;
(d) a register of assets and liabilities of a vocational training centre; and
(e) such other records as the county executive committee member may prescribe.
Vocational education and training trainers
**29.** (1) A vocational training centre shall not employ a centre manager or a trainer unless that person—
(a) is licensed and registered as a trainer under the Technical and Vocational Education and Training Act;
(b) has at least three years' experience in management or administration in the case of a centre manager;
(c) meets the requirements set out under Chapter Six of the Constitution;
(d) has not been adjudged bankrupt;
(e) has not been convicted of an offence and sentenced to imprisonment for at least twelve months; and
(f) meets such other requirements as may be prescribed under this Act or by a county legislation.
(2) Each county government shall be responsible for the recruitment and remuneration of centre managers and trainers of public vocational training centres within the county.
(3) A county government shall recruit adequate trainers as may be necessary to ensure the recruitment of adequate trainers to serve in vocational training centres in the county.
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PART IV — STANDARDS AND QUALITY OF EDUCATION AND TRAINING
Framework curriculum
**30.** (1) The Council shall, in consultation with the county executive committee members and recognised curriculum development institutions, be responsible for the development of the vocational education and training curricula for vocational education and training provided under this Act.
(2) The Council shall, in consultation with the Kenya Institute of Curriculum Development, the Authority and the county executive committee member, review the curriculum framework to be used by all licensed vocational training centres within the county to suit the specific or special needs of the county.
(3) In reviewing the curriculum under subsection (2), the Council shall ensure that the curriculum is in compliance with the national policy and guidelines.
(4) A review of the curriculum under subsection (2) shall not be carried out unless the county executive committee member has consulted all relevant stakeholders likely to be substantially affected by a change in curriculum.
(5) As soon as practicable after reviewing the curriculum framework, the county executive committee member shall publish, by notice in the Gazette,—
(a) the prescribed or reviewed curriculum framework;
(b) any amendments to the curriculum framework; and
(c) information regarding the place, time and manner in which a person can obtain information on, or a copy of, the curriculum framework or any amendments to it.
Education and training programmes
**31.** (1) A vocational training centre registered under this Act shall offer programmes up to artisan certificate level.
(2) A vocational training centre may, where possible, offer county specific technical and vocational education training programmes.
(3) In administering vocational education and training, a vocational training centre shall—
(a) provide appropriate and adequate training and learning materials;
(b) carry out activities aimed at enhancing skills development and creativity of the trainee;
(c) adopt a trainee-centred approach training for the proper skills acquisition and development of the trainee;
(d) follow the qualification standards prescribed by the national qualifications framework; and
(e) integrate industrial attachment for the development of appropriate practical and innovative skills.
(4) A vocational training centre may, with the approval of the Cabinet Secretary and on such terms and conditions as the Cabinet Secretary may determine, offer programmes higher than artisan certificate level.
Examination and competency assessment
**32.** (1) The Council shall in consultation with the county executive committee member and recognised examination and assessment and certification bodies—
(a) be responsible for administering examination and assessing competencies; and
(b) issue a certificate to a trainee who satisfies examination and competencies requirement.
(2) The Council shall, if satisfied that skills or competencies acquired by a person on the job are equivalent to qualifications within the training framework, issue corresponding certificates.
Quality assurance
**33.** (1) The Authority shall, in consultation with the county executive committee member and relevant quality assurance and standards bodies, put in place structures for purposes of assuring standards, quality and relevance of education and training.
(2) The structures put in place for purposes of assuring standards, quality and relevance of education and training under subsection (1) shall take into account—
(a) adoption of appropriate national and international standards;
(b) credible quality assurance systems; and
(c) processes for the continuous review and improvement of standards and quality assurance.
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PART V — TRANSITIONAL PROVISIONS
Existing vocational training centres
**34.** (1) Subject to subsections (2), (3) and (4), every institution which, immediately before the commencement of this Act, was registered as an institution offering vocational training under—
(a) the Basic Education Act;
(b) the Technical and Vocational Education and Training Act and offering programmes up to artisan certificate level; or
(c) such other institutions as the Cabinet Secretary may specify,
shall be considered to be registered as a vocational education and training centre under this Act, and continues to be so registered for the relevant period of registration subject to such conditions of registration as may be imposed under this Act.
(2) Despite subsection (1), the county executive committee member may by a written notice to the registered owner of an institution that is deemed registered under subsection (1)—
(a) require the owner to apply for registration under section 13 within three months of the date of the notice; or
(b) declare that the institution is no longer registered under subsection (1) if the owner of the institution—
(i) has failed to comply with this Act on the requirements of registration; or
(ii) fails to comply with any conditions for registration.
(3) If a person issued with a notice under subsection (2) fails to make an application within the specified period, the institution shall cease to be registered under subsection (1) at the end of that period; or
(b) makes such an application within the required period, the institution shall continue to be registered under subsection (1) until that application is determined.
(4) The county executive committee member may, where an institution does not meet the minimum requirements for registration under section 13 or 14, issue to the owner a transitional certificate in such manner as the county executive committee member may prescribe and subject to such conditions as may deem appropriate.
(5) Where the county executive committee member is not satisfied that the conditions specified in a certificate issued under subsection (4) are being complied with, the county executive committee member may, by written notice to the owner, cancel the certificate.
(6) Every notice issued under subsection (2) shall set out the reasons for the action taken.
**Preservation of licenses, certificates and registration.**
35. Any register kept, registration effected, certificate issued, notice or information given, return made, form used or other thing done with respect to institutions set out in section 34(1) on the commencement of this Act, which was in force or effect shall continue in force and have effect as if kept, effected, issued, given, made or done under the provision of this Act.
**Transfer of assets, liabilities and staff.**
36. (1) All immovable and movable property which immediately before the commencement of this Act were vested in, or possessed by the institutions set out in section 34(1) shall by virtue of this section vest in the respective institutions established under this Act without further conveyance, transfer or assignment.
(2) All rights, obligations and liabilities which immediately before the commencement of this Act were vested in or imposed on the institutions set out in section 34(1) are deemed to be the rights, obligations and liabilities of the respective institutions established under this Act.
(3) All references to the offices or institutions established under institutions set out in section 34(1) in any agreement or instrument relating to any property, assets, rights, privileges, immunity, obligations or liabilities transferred under subsection (1) and (2) and subsisting immediately before the commencement of this Act, shall, unless the context otherwise requires, be read as references to the respective offices or institutions established under this Act.
(4) All persons who were members of staff of the offices or institutions set out in section 34(1) shall be members of staff of respective offices or institutions established under this Act and shall be deemed to have been appointed under this Act on the terms and conditions of service applicable to them immediately before the commencement of this Act.
PART VI — MISCELLANEOUS PROVISIONS
**General penalty.**
37. A person convicted of an offence under this Act for which no penalty is provided for shall be liable to a fine not exceeding three million shillings, or to imprisonment for a term not exceeding two years, or to both.
**Regulations.**
38. (1) The Cabinet Secretary, in consultation with the respective county executive committee members, may make regulations generally for the better carrying into effect any of the provisions of this Act.
(2) The county executive committee member may, taking into account any national policies, standards or regulations applying to all vocational training centres —
(a) limit or regulate the number of trainees who may attend a registered vocational training centre;
(b) provide for the grant, duration, expiry, renewal, suspension, transfer, and cancellation of registration certificates of a vocational training centre;
(c) prescribe the conditions subject to which such registration certificates may be granted, renewed or transferred and the fees payable in respect of the grant, renewal, and transfer of such certificates;
(d) prescribe conditions governing or that may be imposed in respect of registered vocational training centre and the duties of their service providers; and
(e) prescribe the records to be kept by a vocational training centre in respect of trainees.
(3) For the purpose of Article 94(6) of the Constitution —
(a) the purpose and objective of the delegation under this section is to enable the Cabinet Secretary and the county executive committee member to make regulations to provide for the better carrying into effect the provisions of this Act;
(b) the authority of the Cabinet Secretary and the county executive committee member to make regulations under this Act shall be limited to bringing into effect the provisions of this Act and fulfilment of the objectives specified under this section; and
(c) the principles and standards applicable to the regulations made under this section are those set
Cap. 2. No. 23 of 2013.
out in the Interpretation and General Provisions Act and the Statutory Instruments Act.
The Vocational Training Bill, 2022
I certify that this printed impression is a true copy of the Bill as passed by the Senate on Tuesday, 6th June, 2023.
Endorsed for presentation to the National Assembly in accordance with the provisions of standing order 161 of the Senate Standing Orders.
Speaker of the Senate
PRINTED BY THE CLERK OF THE SENATE