CHAPTER 129
NATIONAL COUNCIL FOR TECHNICAL EDUCATION ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

    REGULATIONS

        The National Council for Technical Education (Registration of Technical Institutions) Regulations

        The National Council for Technical Education (Accreditation and Recognition) Regulations

REGULATIONS

THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION (REGISTRATION OF TECHNICAL INSTITUTIONS) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

PART I
PRELIMINARY PROVISIONS

    1.    Citation.

    2.    Interpretation.

PART II
REGISTRATION OF TECHNICAL INSTITUTIONS

    3.    Requirement to register Technical Institutions.

    4.    Restriction.

PART III
PROCEDURE FOR REGISTRATION

    5.    Notice for registration.

    6.    Application forms.

    7.    Submission of application form.

    8.    Inspection of form by the Secretary.

    9.    Report.

PART IV
EVALUATION OF APPLICATION

    10.    Evaluation of application form.

    11.    Evaluation score.

    12.    Physical inspection.

    13.    Modification and recommendations to the Council.

PART V
REGISTRATION AWARDS

    14.    Awards.

    15.    Full registration.

    16.    Provisional registration.

    17.    Preparatory registration.

    18.    Registration Certificate.

    19.    Rejection of application.

    20.    Cancellation of Certificate of Registration.

PART VI
MISCELLANEOUS PROVISIONS

    21.    Appeal.

    22.    Offences and penalties.

SCHEDULES

THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION (REGISTRATION OF TECHNICAL INSTITUTIONS) REGULATIONS

(Section 24(1)(a))

[26th October, 2001]

G.N. No. 279 of 2001

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Citation

    These Regulations may be cited as the National Council for >Technical Education (Registration of Technical Institutions) Regulations.>

2.    >Interpretation>

    >In these Regulations unless the context otherwise requires;>

    "Act" means the National Council for Technical Education Act *;

    "Board" means a Board established by the Council under section 7 of the Act;

    "Council" means the National Council for Technical Education estab>lished under the Act;>

    "Secretariat" means the Secretariat established under section 13 of the >Act;>

    "Secretary" means the Executive Secretary appointed by the Council under section 13 of the Act;

    "technical institution" has the meaning ascribed to it under section 2 of >the Act, and includes both public and private technical institutions.

PART II
REGISTRATION OF TECHNICAL INSTITUTIONS (regs 3-4)

3.    Requirement to register Technical Institutions

    All Technical Institutions are required to register with the Council.

4.    Restriction

    No person shall apply for Accreditation of a Technical Institution to the Council before complying with the requirement to register >under regulations 3.>

PART III
PROCEDURE FOR REGISTRATION (regs 5-9)

5.    Notice for Registration

    (1) It shall be the duty of the Secretary to make a public notice >in the media requiring all unregistered Technical Institutions to apply >for registration under the Act within the period prescribed in the notice.

    (2) Notwithstanding subregulation (1), the Notice under subregulation (1) may be made by sending a letter of notice to specific or all institutions as may be required.

    (3) Technical Institutions shall, after receiving letter of notice from the Secretary or through a media, as the case may be, write a letter ad>dressed to the Secretary requesting for prescribed application form for >registration of institutions.>

6.    Application forms

    (1) The Secretary shall immediately after receiving the letter requesting for registration under regulation 5, issue an application form to the applicant upon payment of a fee as prescribed in the First Schedule >to these Regulations.

    (2) The application form issued under subregulations (1) shall be as prescribed in the second schedule to these Regulations and referred to as NACTE FORM REG-01.

    (3) The institution applying for registration shall be required to fill >the application form describing particulars or information as may be >required.>

    (4) The applicant may, before filling the form under subregulation >(3), consult the Secretary and the Secretary shall provide assistance as >may be necessary.>

7.    >Submission of application form>

    (1) The applicant shall immediately after filling the application form, submit the form together with attachment or attachments as may be required to the Secretary.

    (>2) The Secretary shall after receiving the application form under >subregulation (1) inspect the form to ascertain that–

    (a)    the form has been duly filled; and

    (b)    all the required attachments have been submitted.

8.    >Inspection of form by >the Secre>tary>

    Where–

    (a)    crucial information or a particular is missing in the submitted a>pplication form, then two sets of the copies of application form shall be returned to the applicant for inclusion of missing information or particular as the case may be, but the Secretary >shall retain the application form and its attachments; and

    (b)    >the necessary attachments are missing but the form has been duly >filled, then the application form and the attachments shall be retained and the applicant shall be required to submit the missing information.

    (>c)>    the application form has been duly filled and all the required attachments have been properly submitted, then the Secretary shall refer the form together with its attachments to the Board.

9.    Report

    (1) The Secretary shall before submitting the application form and attachments to the Board, prepare a report in respect of the submit>ted form and attachments.

    (2) The report prepared under subregulation (1) shall indicate the missing particulars or information in either the application form or its attachments, and the action taken by the Secretary in dealing with the matter.

    (3) The Deputy Secretary of the Registration and Accreditation Division and the Chief Subject Board Co-ordinator shall, before submitting >the report to the Board, sign at the end of the report.

PART IV
EVALUATION OF APPLICATION (regs 10-13)

10.    Evaluation >of applica>tion form

    (1) The Board shall, upon receiving the application form >from the Secretary, evaluate the application form against the checklist contained in the form.>

    (>2) The Board may, with the approval of the Council and subject to section 10 of the Act, appoint a Committee to perform the evaluation of >application form under this regulation.

11.    Evaluation s>core>

    (1) The appointed Committee shall in ascertaining whether the information as contained in the application form meet the criteria, >rank the evaluation score from "O" to "5".

    (>2) The Board shall where the average score against the information provided is "3" or more, proceed with physical verification of the information.>

12.    Physical inspection

    (1) The Board shall after the completion of physical verification of information under subregulation (2) of regulation 12, proceed to conduct a physical inspection of the institution to ensure that all items listed in the application form have been addressed as required and are correct.

    (>2) The items to be inspected under subregulation (1) shall include inter alia–>

    (a)    >infrastructure or buildings,>

    (b)    >equipments,>

    (c)    >furniture,>

    (d)    tools and audio visual aids,

    (e)    >information resources or systems,>

    (f)    >support services,>

    (g)    >qualifications of teaching staff,>

    (h)    curricula,

    (i)    level of funding,

    (>j)    assessment and examination procedure/regulations, and any other item which the Committee may consider necessary.>

    (>3) The Board shall, in conducting physical inspection of the institution, use the form referred to as the NACTE FORM INSP-1 prescribed >in the Third Schedule to these Regulations.

13.    >Modifica>tion and >recommen>dations to >the Council>

    (1) The Board may, based on the information obtained during >physical verification–

    (a)    modify the initial ranking; and

    (b)    submit recommendations in respect of each application to the >Council.>

    (2) The recommendations to be submitted to the Council shall be >signed by the Chairman and the Secretary to the Board.

PART V
REGISTRATION AWARDS (regs 14-20)

14.    Awards

    (1) The Council may, after considering the recommendations given under regulation 13 and after satisfying itself with information and particulars of the form and attachments, offer the registration awards >as may be appropriate.

    (>2) The registration awards under subregulation (1) shall include–>

    (a)    Full registration;

    (b)    Provisional registration; and

    (c)    Preparatory registration.

15.    Full registration

    (1) The Council shall, where the institution is fully operational and sustainable for at least five years, award full registration to such institution upon payment of the prescribed registration fee.

    (2) The institution awarded full registration under subregulation (1) shall, within the period of five years apply for Accreditation by the Council.

16.    Provisional registration

    (1) Where the institution has resources for the first two years of the programme duration of three years or more, the Council shall award >provisional registration to such institution.

    (>2) Where the programme is less than three years, the applicant shall before registration, be required to have the resources for the whole dura>tion of the programme.

    (>3) Institutions under subregulation (2) shall only be allowed to ad>mit students after registration by the Council.

    (>4) The Council shall, where the existing institution fails to meet the requirements for full registration but has met the minimum requirements for provisional registration, award provisional registration to such insti>tution upon payment of prescribed fee.

    (5>) >The provisional registration awarded by the Council under this >regulation shall be valid for a period as may be prescribed by the Council; and the institution shall, after the expiry of the prescribed period, be >required to apply for full registration within the period of two years.

    (6>) The Council shall, where the institution under this regulation has >failed without reasonable cause; to process full registration within the >prescribed period, immediately write a letter requiring the institution to >stop admitting students:

    Provided that existing students shall be allowed to continue with training and complete their studies in the same institution.

17.    Preparatory registration

    (1) The Council shall, where the applicant is still under preparation for establishing a Technical institution, award preparatory registration and issue to the applicant a letter of authorization, certifying that the applicant has been authorized to proceed with the preparatory process.

    (>2) Institution awarded preparatory registration under subregulation >(1) shall not be allowed to admit students.

    (3>) Where the existing institution fails to meet the requirement for provisional registration, the Council shall award preparatory registra>tion.

    (4>) >The Council shall, where the institution has been awarded prepa>ratory registration under subregulation (3) require such institution to stop admitting new students until it meets the requirement for at least provisional registration.>

18.    Registration Certificate

    (1) The Secretary shall, where the Council has granted the >registration award to the institution–>

    (>a)>    >Stamp the relevant application form;>

    (>b)>    Issue a registration number and indicate the Registration Certifi>cate number;>

    (c>)>    >Indicate the date on which the decision was made by the Council; and>

    (d>)>    >Prepare the Registration Certificate which shall be signed by the >Chairman and the Secretary before it is forwarded to the successful applicant.

    (2) Registration Certificate granted under this regulation may be granted with specific or general conditions as may be determined by the Council.

19.    Rejection of application

    (1) The Council may, where the applicant does not meet the >requirements for any class of registration awards under subregulation (2) of regulation 15, reject the application.>

20.    >Cancellation of Certificate of Registration>

    >(1) The Council may, where the holder of a Certificate of >Registration fails to observe the condition imposed on the Certificate of >Registration, cancel the granted certificate.>

    (2) Notwithstanding subregulation (1), the Council shall not cancel >the certificate of registration unless the holder of the certificate has been >given a fair opportunity to be heard.

PART VI
MISCELLANEOUS PROVISIONS (regs 21-22)

21.    Appeal

    (1) Any applicant who is aggrieved by the decision of the Council under regulation 20 or 21 may lodge the appeal to the Minister within 30 days from the date of the decision of the Council.

    >(2) The Minister shall, after receiving the appeal from the applicant under subregulation (1), appoint a Committee composed of at least two members as he may require, to deliberate on the issues in the appeal >before the Minister reaches the decision.

    (>3) >The Committee appointed under subregulation (2) shall deter>mine its own procedure in dealing with the appeal.>

    (>4) The decision of the Minister shall be final and conclusive.>

22.    Offences and penalties

    (1) No person shall–

    (a)    establish and operate any Technical Institution without registra>tion of the institution under these regulations; or

    (b)    admit or continue to admit students contrary to these Regulations.

    (2) Any person who contravenes a provision of subregulation (1) or any other provision of these Regulations commits an offence and shall be liable to a fine of two million shillings and in addition to the fine, the award conferred to the institution shall cease to be recognised by the Council as such award.

FIRST SCHEDULE
FEES

(>Under regulations 6 (1) 16 and 17)>

SECOND SCHEDULE
APPLICATION FORM

(>Under regulation 6)>

THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION
(>NACTE)>

NACTE FORM REG-01
APPLICATION FORM FOR REGISTRATION OF TECHNICAL INSTITUTIONS

(Pursuant to Clause 5 (1) (a) of NACTE Act No. 9 of 1997)

Part A

Part B

THIRD SCHEDULE
INSPECTION FORM

(>Under Regulation 13)>

NACTE FORM INSP- 1
INSPECTION FORM FOR TECHNICAL TRAINING INSTITUTIONS

THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION (ACCREDITATION AND RECOGNITION) REGULATIONS

ARRANGEMENT OF REGULATIONS

    Regulation

Title

PART I
PRELIMINARY PROVISIONS

    1.    Citation.

    2.    Interpretation.

PART II
ACCREDITATION AND RECOGNITION OF TECHNICAL INSTITUTIONS

    3.    Accreditation and recognition.

    4.    Prohibition.

    5.    Commencement of accreditation process.

    6.    Application for accreditation.

    7.    Eligibility criteria for accreditation.

    8.    Standards for accreditation.

    9.    Inspection of the form.

    10.    Duty of Evaluation Team.

    11.    Evaluation Team costs.

    12.    Submission of the report to the Council.

PART III
ACCREDITATION AWARDS

    13.    Accreditation candidacy status.

    14.    Duty of institution during accreditation candidacy status.

    15.    Provisional grants of accreditation.

    16.    Accreditation at a lower level.

    17.    Full accreditation.

    18.    Decision on accreditation to be deferred.

    19.    Rejection of accreditation.

    20.    Appeal.

    21.    Loss of accreditation status.

    22.    Removal of the institution from the Register.

    23.    Procedure for cancellation of certificate.

PART IV
APPEALS AND REVIEW

    24.    Right of appeal.

    25.    Review of the council's decision.

    26.    Conclusion of review.

    27.    Rights of appeal after review.

    28.    Decision of the Minister to be final and conclusive.

PART V
RECOGNITION OF DEPARTMENTS

    29.    Recognition of Department.

    30.    Name of Department.

    31.    Educational leadership.

    32.    Resources.

    33.    Academic and other staff.

    34.    Evaluation.

    35.    Admission criteria.

    36.    Academic programme and curriculum.

    37.    Advice and assistance.

    38.    Field supervision.

    39.    Application for recognition.

    40.    Procedure for recognition.

    41.    Grant of recognition.

    42.    Offences.

SCHEDULE

THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION (ACCREDITATION AND RECOGNITION) REGULATIONS

(Section 24(j))

[18th January, 2002]

G.N. No. 41 of 2002

PART I
PRELIMINARY PROVISIONS (regs 1-2)

1.    Citation

    These Regulations may be cited as the National Council for Technical Education (Accreditation and Recognition) Regulations.

2.    Interpretation

    In these Regulations:

    "accreditation" means approval or certification granted by a relevant authority representing the interest of both the public and students, to an institution, on account of having programmes and a quality assurance system that ensures provision of set qualification(s) and educational standard(s) for a particular period of time;

    "Act" means the National Council for Technical Education Act *;

    "recognition" means certification of capacity of a department in an institution to deliver a curriculum devised by NACTE.

PART II
ACCREDITATION AND RECOGNITION OF TECHNICAL INSTITUTION (regs 3-12)

3.    Accreditation and recognition

    All technical institutions are required to be accredited and have their departments recognized by the Council.

4.    Prohibition

    No institution shall be accredited unless it has at least one recognized department.

5.    Commencement of accreditation process

    Each registered institution under the Act, shall within the period of 6 months after obtaining full registration be required to process for accreditation.

6.    Application for accreditation

    (1) The institution which wishes to apply for accreditation under these regulations shall submit an application in the form prescribed in the First Schedule to the Secretary.

    (2) Together with the application form referred to under subregulation (1), the applicant shall be required to submit the information regarding the institution in question as may be directed by the Council.

    (3) Information under subregulation (2) shall include information in respect of matters provided for in the Second Schedule.

7.    Eligibility criteria for accreditation

    (1) Each applying institution shall in its application form be required to show evidence that it has met eligibility criteria leading to accreditation as prescribed in the Second Schedule.

8.    Standards for accreditation

    (1) The applicant shall, before submitting the application form under these regulations ensure that it has met the standards required for accreditation.

    (2) The standards for accreditation can be reached if the institution has in place matters provided for in the Third Schedule.

9.    Inspection of the form

    (1) After the submission of the application together with all relevant information by the institution, the Secretary shall scrutinize the forms to ensure the availability of all necessary information.

    (2) Where the Secretary is satisfied with the adequacy of the application forms and their contents, he shall immediately transmit the forms to the Board which shall scrutinize and submit its recommendation to the Council for decision.

    (3) An institution awarded candidacy status shall then submit a self study report together with accreditation fee to the Secretary.

    (4) Upon receipt of the Report and the fee as prescribed under subregulation (3) of regulation 9, the Board shall scrutinize the Report and propose the evaluation visit to the Council.

    (5) The Secretary shall then inform the applicant of the Council's decision and the date of the Evaluation Team visit or otherwise.

    (6) The Evaluation Team shall be composed of educators experienced in leadership and balanced judgement, academic members of staff, academic and students services administrators, a chief executive officer, a trustee, a business officer and someone with experience/expertise in planning, research and evaluation.

    (7) Notwithstanding subregulation (6) the composition and size of the Evaluation Team shall depend on the type, size, location of the institution and the number of the programmes offered.

10.    Duty of Evaluation Team

    (1) The Evaluation Team appointed under regulation 9 shall have the duty to inspect the applicant to ensure whether the institution has met the accreditation standards required by the Council.

    (2) The Evaluation Team shall, after conducting inspection of the institution, prepare a report to be submitted to the Board.

    (3) The Report under subregulation (2) shall contain the findings of the Evaluation Team and recommendations in respect of the inspected institution.

    (4) The recommendation of the Evaluation Team, shall be based on the accreditation standards established by the Council.

11.    Evaluation Team costs

    The Institution applying for accreditation shall be required to meet the cost of the Evaluation visit as may be determined by the Council.

12.    Submission of the report to the Council

    (1) The Board shall, after receiving the report under regulation 10 study the report and make recommendations to the Council in respect of each applicant.

    (2) The recommendations of the Board together with the Report of the Evaluation Team shall be submitted to the Council for final determination.

PART III
ACCREDITATION AWARDS (regs 13-23)

13.    Accreditation candidacy status

    (1) Where the Council is of the opinion that the institution is fully registered and it is undertaking necessary steps to reach demonstrable compliance with the accreditation standards of the Council, the Council shall award the accreditation candidacy status.

    (2) The accreditation candidacy status granted to the institutions shall be for a period not exceeding two calendar years.

    (3) Notwithstanding subregulation (2) the institution may, where the preparations for full accreditation are still underway, apply for an extension of time for another period of not more than two years.

    (4) The Council shall in granting accreditation candidacy status to institutions under this regulation, write a letter to the institution indicating the conditions to be observed by the institution and the duration of the candidacy status.

14.    Duty of institution during accreditation candidacy status

    (1) The institution which has been granted accreditation candidacy status under regulation 13 shall be required to work towards full accreditation within the period of two years.

    (2) The institution shall, after the lapse of two years period granted under subregulation (1) be required to strive to meet the accreditation standards of the Council.

15.    Provisional grants of accreditation

    (1) Where after considering the Evaluation Team Report, the recommendations of both the Evaluation Team and the Board, the Council is of the opinion that, there are some requirements to be fulfilled by the institution, it shall grant a provisional accreditation pending fulfilment of the identified requirements.

    (2) The Council shall in granting provisional accreditation under this regulation, specify the time frame within which unfulfilled requirements shall be met by the institution.

    (3) Where the institution fails to fulfill the requirements within the time as may be specified under subregulation (2), then the Council may–

    (a)    cancel the provisional accreditation granted to the institution; or

    (b)    after being satisfied that there was reasonable cause for failure to comply, extend the time for provisional accreditation to such other time as it may be determined.

16.    Accreditation at a lower level

    (1) Where the Council after considering the Report and recommendations is of the opinion that the applicant qualifies for a lower level of award than the award applied for, may grant accreditation at a lower level than that applied for by the institution or retain an institution at its existing level as the case may be.

    (2) The Council shall, in granting accreditation under this regulation, specify the conditions to be observed and the period of time within which the institution shall be required to work towards accreditation at the level applied for.

17.    Full accreditation

    (1) Where the Council after considering the reports and recommendations is of the opinion that, the institution demonstrates the ability to meet and sustain the accreditation standards of the Council, it may grant a full accreditation for a period of five years.

    (2) The Council shall, in granting full accreditation under this regulation, issue a certificate of accreditation to the institution indicating the conditions or restrictions to be observed by the institution.

    (3) After five years the institution shall be required to apply for renewal of status granted under this regulation.

18.    Decision on accreditation to be deferred

    (1) The Council may, where it is satisfied that there are still matters to be verified by the institution, defer the decision to grant accreditation pending receipt of specified information, clarification or verification from the institution.

    (2) The Council shall after receiving clarification of information as required under subregulation (1) grant accreditation to the institution as may be appropriate.

    (3) The Secretary shall, where the Council has granted accreditation to the institution enter the date on which accreditation is granted and the name of the institution in the register for accredited institutions.

19.    Rejection of accreditation

    (1) Where the Council is of the opinion that the applicant has not met the required accreditation standards, the Council may refuse to grant the accreditation status to the institution.

    (2) Where the institution is refused accreditation under subregulation (1) the Council shall give reasons for the decision in writing and the same shall be communicated to the institution concerned.

    (3) The institution which is denied accreditation under this regulation, may apply for accreditation after two years.

20.    Appeal

    Where the institution is not satisfied with the decision of the Council under regulation 19, it may within 30 days from the date of decision appeal to the Minister whose decision shall be final.

21.    Loss of Accreditation Status

    (1) Where in the opinion of the Council an institution–

    (a)    fails to maintain its status as an accredited institution; or

    (b)    radically alters the condition on which the institution was admitted to accreditation,

the Council shall cancel the accreditation certificate granted to the institution.

    (2) The institution whose certificate of registration is cancelled under subregulation (1) may be required by the Council to reapply for accreditation within a prescribed time after rectifying or correcting specified deficiencies:

    Provided that the prescribed time for correcting the deficiencies shall not exceed the period of two years.

    (3) Where the institution fails to correct deficiencies within the period of two years, it may apply for extension of time for twelve months.

    (4) The Council shall, after receiving the application for extension of time under subregulation (3) consider the matter and may–

    (a)    if there is no justifiable cause, refuse the application for extension of time;

    (b)    grant the extension of time as applied for; or

    (c)    grant the extension of time as it may deem fit in given circumstances.

22.    Removal of the institution from the Register

    Where the Council has refused an application for extension of time under subregulation (4) or regulation 21, the Secretary shall immediately remove the name of the institution from the Register.

23.    Procedure for cancellation of certificate

    (1) Notwithstanding regulations 18 and 19, the Council shall before reaching the decision to cancel the certificate of accreditation, write a Notice requiring the institution concerned to make representation before the Council within 30 days from the date of Notice as to why its accreditation status should not be cancelled.

    (2) Where the institution fails to make representation within the prescribed period, then the Council shall proceed to cancel the certificate of accreditation and to order the removal of the name of the institution from the Register.

PART IV
APPEALS AND REVIEW (regs 24-28)

24.    Right of appeal

    (1) An institution whose application for accreditation or renewal of accreditation is not granted or whose accreditation certificate is cancelled at any stage during accreditation period, may within 30 days from the date of decision of the Council, appeal against the decision of the Council.

    (2) The appeal under subregulation (1) shall be filled to the Minister together with a copy of proceedings and the decision of the Council.

    (3) The Minister shall after receiving an appeal consider the matter and may, after consideration:

    (a)    vary the decision of the Council;

    (b)    uphold the decision of the Council;

    (c)    require the Council to revise or review its decision; or

    (d)    require the Council to inquire for specific information from the institution.

    (4) The Council shall, after receiving the direction from the Minister under subregulation (3) comply as directed by the Minister.

    (5) The decision of the Minister under subregulation (3) shall be final.

25.    Review of Council's decision

    (1) An institution whose application for accreditation or renewal of accreditation is not granted or whose certificate of accreditation has been cancelled may within fourteen days from the date of decision apply in writing to the Council for review of its decision.

    (2) The Council shall within thirty days from the date of receiving an application convene a meeting for review of the decision in respect of the applying institution.

    (3) The Council shall in considering the matter under subregulation (2) have regard to whether–

    (a)    there may have been omissions of factual information by the evaluators or Evaluation Team;

    (b)    additional information has been provided as part of the appeal;

    (c)    false information was provided upon which earlier decision was made;

    (d)    there has been dishonesty or misinterpretation in the evaluation process for which the Council bears responsibility; or

    (e)    proper procedure was not fully observed.

26.    Conclusion of review

    (1) The Council may in concluding the reviewing exercise–

    (a)    vary or modify its original decision; or

    (b)    uphold its decision; or

    (c)    direct the Secretary to present more information within the given time before the final decision is made.

    (2) The Secretary shall, where the Council has made its decision under subregulation (1), inform in writing the institution concerned on the decision of the Council after review.

27.    Rights of Appeal After Review

    (1) Where the institution is still not yet satisfied with the decision of the Council on the review, it may appeal to the Minister against the decision of the Council.

    (2) The institution shall in filing the appeal to the Minister under this regulation attach the copies of proceedings and original decision of the Council and copies of proceedings and decision of the Council after reviewing the matter.

28.    Decision of the Minister to be Final and Conclusive

    The Minister shall within 30 days after receiving the appeal from the institution consider and determine the matter and his decision shall be final and conclusive.

PART V
RECOGNITION OF DEPARTMENTS (regs 29-41)

29.    Recognition of Department

    (1) Each institution shall be required by the Council to provide information on Departments to be recognized.

    (2) In recognizing a Department the Council shall evaluate the Department to satisfy itself as to compliance with the following criteria:

    (a)    Name of the Department;

    (b)    educational leadership;

    (c)    resources;

    (d)    academic and technical staff and other support personnel;

    (e)    evaluation;

    (f)    admission;

    (g)    academic programme and curriculum;

    (h)    advice and assistance; and

    (i)    field supervision.

30.    Name of Department

    (1) Each Department of the Institute shall bear the name which reflects the educational programmes offered by the department.

    (2) The institution shall ensure that names or titles of educational programmes offered by the Department are descriptive of the contents of the programme and shall appear on graduating student's transcript, in the Department and/or institution brochure or prospectus.

31.    Educational leadership

    The Institution shall ensure that–

    (a)    each department has the capacity to resolve each training programme's administrative needs as promptly as feasible;

    (b)    the Department's interests are represented in the institution, and in relevant profession and statutory bodies outside the institution whenever necessary;

    (c)    the Department holds its regular departmental meetings dealing with academic matters.

32.    Resources

    The institution shall have the duty to ensure that:

    (a)    The Department's physical resources are appropriate and adequate for it to accomplish the expected level of award. These resources may include:

        (i)    Classrooms;

        (ii)    seminar or tutorial rooms;

        (iii)    studios;

        (iv)    laboratories or workshops;

        (v)    equipment;

        (vi)    tools and machinery;

        (vii)    computer facilities; and

    (b)    library facilities and other information resources are available, appropriate and easily accessible by all staff and students. These facilities may include:

        (i)    Books and journals;

        (ii)    software, Internet and CD Roms.

33.    Academic and other staff

    (1) The institution shall have a duty to ensure that the Department has–

    (a)    sufficiently qualified and experienced staff that are employed and assigned to teach appropriate courses;

    (b)    qualified academic and professional staff in the main area of the educational programme;

    (c)    teaching staff who have qualifications that are at least one level higher than the level they are teaching;

    (d)    sufficient support staff with appropriate qualifications for their jobs and at least one qualified technical staff per laboratory or workshop;

    (e)    maintain the course balance such that an instructor or tutor is responsible for at least one course and at most three courses;

    (f)    a target minimum intake of between 20-40 per annum;

    (g)    a teacher-student ratio of 1:8;

    (h)    plans and a mechanism of implementing the staff development and training policy.

    (2) The workload for teaching staff shall be based on the 40 hours per week as follows–

    (3) The institution shall ensure that, the staff development and training policy is implemented for the Department.

34.    Evaluation

    (1) The Department shall be required–

    (a)    to involve programme participants, graduates and stakeholders in a comprehensive evaluation of the quality of the programme that leads to substantive improvement;

    (b)    to have evidence of presence of examination evaluation and details from public documents as to the manner in which evaluation is conducted and persons who are involved.

35.    Admission criteria

    (1) The institution shall ensure that there are clear and publicized admission criteria and procedures that are used to admit qualified candidates to the department.

    (2) The admission criteria under subregulation (1) shall ensure that each admitted candidate has appropriate personal characteristic and potential for professional effectiveness.

36.    Academic programme and curriculum

    (1) It shall be the duty of the institution to ensure that–

    (a)    the breadth, depth, sequences of courses, lengths of the programme and synthesis of learning should be appropriate for the academic award;

    (b)    the course content, instructional policies, method, delivery systems and tools are appropriate to the level of academic award of the department;

    (c)    the curriculum clearly outlines the course assessment and weighting and the mode of assessment and weighting is adhered to;

    (d)    an up-to-date curriculum is in place or there is evidence that the Department is making some efforts to update its curriculum to take care of the current development within the subject area.

37.    Advice and assistance

    The established Department shall have the duty to ensure that:

    (a)    Qualified members of the department's staff are assigned and available to advise candidates on their academic, professional and personal development.

    (b)    Adequate information is readily available to guide each candidate's attainment of academic award or purpose.

38.    Field supervision

    (1) The Department shall ensure that–

    (a)    each field experience is supervised by an appropriately trained personnel in the field;

    (b)    field training is assessed and made to contribute to the academic award in such a way that at least 30 percent of the mark or scores come from field work or field experience;

    (c)    students get proper field work attachments.

39.    Application for recognition

    (1) The institution whose departments have fulfilled the standard criteria provided for under this part shall submit its application for recognition to the Secretary who shall scrutinize and transmit the application to the Board.

    (2) The application under subregulation (1) shall be made in the form prescribed in the Fourth Schedule to these regulations.

40.    Procedure for recognition

    (1) The Board shall, after receiving the application under regulation 39, scrutinize the application and propose the evaluation visit to the Council.

    (2) Where the Board has instructed the evaluation team to investigate or to inspect the institution, the team shall have the duty to prepare relevant report and submit it to the Secretary together with its recommendations.

    (3) The Board shall immediately after considering the Report, make its recommendation to the Council.

41.    Grant of recognition

    (1) The Council may in the strength of the recommendations made by the Board and the evaluation team grant recognition of the Department or refuse the application.

    (2) The institution which is aggrieved by the decision of the Council may appeal to the Minister whose decision shall be final and conclusive.

PART VI
MISCELLANEOUS PROVISIONS (reg 42)

42.    Offences

    (1) Any person who contravenes a provision of these Regulations commits an offence and shall on conviction be liable to a fine not exceeding 1.5 million shillings.

    (2) Any person who establishes a department in the institution contrary to the Criteria provided for under Part V of these Regulations commits an offence and shall on conviction be liable to a fine not exceeding two million shillings.

    (3) In addition to the fine, the award conferred to the institution shall cease to be recognized by the Council as such award.

FIRST SCHEDULE
APPLICATION FOR ACCREDITATION ELIGIBILITY AND/OR ACCREDITATION REVIEW BY NACTE

(Regulation 6)

THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION (NACTE)

SECOND SCHEDULE
ELIGIBILITY REQUIREMENTS FOR ACCREDITATION BY NACTE

(Regulation 7)

THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION (NACTE)

1.    INTRODUCTION

    Procedures for initial accreditation by NACTE of post-secondary non-university technical education and training institution require that eligibility requirements be met before being granted Candidacy Status.

    Evaluation for eligibility is based on information submitted by the applicant, responding to the aspects mentioned section 1 of these guidelines.

Section I:

2.    ESSENTIAL ELIGIBILITY REQUIREMENTS

2.1.    AUTHORITY

        (1)    The institution is authorized or licensed to operate as an educational technical training institution leading to NACTE NTAs, i.e. the institution is fully registered by NACTE.

2.2.    VISION AND MISSION

        (2)    The institution's educational vision and mission are clearly defined, adopted and published by its governing board, consistent with its legal authorisation and appropriate for an NTA granting institution of tertiary education and also appropriate for the kind of constituency it seeks to serve.

2.3.    GOVERNING OR ADVISORY BOARD/COUNCIL

        (3)    The institution has a functioning governing or advisory board (or Council) responsible for the quality and integrity of the institution and for ensuring that the institution's mission is being carried out. Its membership, with at least five voting members, is sufficient in size and composition to fulfil all board responsibilities.

            For public institutions, the advisory board (or similar organ) should be functional in line with mandates and powers given to it.

            The functioning governing or advisory board (or Council) is an independent policy-making body capable of reflecting constituent and public interest in board activities and decisions. A majority of the board members have no employment, family, ownership, or other personal financial interest in the institution.

        (4)    The Board or Council ensures that it maintains an atmosphere in which intellectual freedom and independence exist irrespective of the institution's ownership.

2.4.    CHIEF EXECUTIVE

        (5)    The institution has a chief executive officer whose full-time or major responsibility is to the institution.

2.5.    ADMINISTRATIVE CAPACITY

        (6)    The institution has sufficient staff with appropriate training and experience to provide the administrative services necessary to support the mission and purpose.

2.6.    OPERATIONAL STATUS

        (7)    The institution is fully operational, with students actively pursuing its academic programmes.

        (8)    The institution's organizational structure allows involvement of its academic staff, students, administrators, and board members in the formulation of institutional policies.

        (9)    The institution follows humane and non-discriminatory policies in dealing with students, staff, and departments.

2.7.    ACADEMIC AWARDS

        (10)    Substantial portions of the institution's educational offerings are programmes that lead to awards that are consistent with its registration, and a significant proportion of students are enrolled in them.

2.8.    EDUCATIONAL PROGRAMMES

        (11)    The institution's principal academic programmes are in compliance with its mission, are based on recognised tertiary education field(s) of study, are of sufficient content and length, and are conducted at levels of quality and rigour appropriate to the academic awards. At least one academic programme must be of one or more academic years in length.

        (12)    The majority of its courses examine the conceptual foundations of the subject matter (i.e. appropriate foundation of learning skills taught in a preparatory programme of secondary school) as well as the information growing out of these foundations and require students to do independent work, to analyse what they learn, to deal with the abstract as well as the concrete. They foster the ability to make distinction among ethical, intellectual, social values, and they encourage the pursuit of lifelong learning.

2.9.    ACADEMIC CREDIT

        (13)    The institution awards academic credits based on generally accepted practices in NTA-granting institutions of tertiary education. Public institutions governed by statutory or other regulatory requirements should provide appropriate information regarding the award of academic credit.

        (14)    The institution has put in place methods for conducting continuous assessment and evaluation of student performance as part of quality assurance mechanism of its programmes.

2.10.    EDUCATIONAL OBJECTIVES

        (15)    Educational objectives, and the means for achieving them, which are appropriate to tertiary education, in level, quality, and standards, have been clearly defined and published for each of its programmes.

2.11.    GENERAL EDUCATION

        (16)    The institution defines and incorporates into all of its academic programmes a substantial component of general education designed to ensure breadth of knowledge and promote intellectual inquiry. The general education component includes demonstrated competence in communication skills, information technology and computational skills and an introduction to some of the major areas of knowledge. Academic credit for general education programmes should be consistent with levels of quality and rigour appropriate to the education training offered.

2.12.    DEPARTMENT

        (17)    The institution has at least one department that can be recognised to offer technical education and training leading to NTAs.

        (18)    The institution has a substantial core of qualified academic staff in the department(s) with full-time responsibility to the institution. The full-time core staff, representing every discipline offered, is sufficient in size and experience to support all of the institution's educational programmes. A clear statement of courses offered and other departmental responsibilities must exist.

        (19)    Its academic staff and students are free to examine and to test all knowledge appropriate to their discipline as judged by the academic community in general. This includes dissemination of knowledge to the public.

        (20)    It provides an environment, such as seminars, public lectures etc. in which the learning experience can be enriched through staff-student exchanges.

2.13.    STUDENT SERVICES

        (21)    The institution provides, for all of its students, appropriate student services and development programmes consistent with student characteristics and the institutional mission.

2.14.    ADMISSIONS

        (22)    The institution has adopted a student admission policy specifying the characteristics and qualifications of students appropriate for its programmes, and it adheres to that policy in its admission practices.

2.15.    INFORMATION AND LEARNING RESOURCES

        (23)    The institution owns, or otherwise provides specific long-term access to sufficient information and learning resources and services to support its mission and all of its educational programmes.

        (24)    It has at least a core library and learning resources appropriate to its mission, and it provides access to specialised library and learning resources needed for independent work in the fields and at the levels represented by its offerings.

        (25)    If it depends on other institutions for specialised library and learning resources, it can demonstrate that they are adequate, easily accessible, and effectively used.

2.16.    FINANCIAL RESOURCES

        (26)    The institution documents a funding base, financial resources, and plans for financial development adequate to support its mission and educational programmes and to assure financial stability.

        (27)    It serves the interest of its students training rather than those of its owners or its board or its department and staff. It devotes virtually all, or substantially all, of its gross income to support its mission and educational objectives.

2.17.    FINANCIAL ACCOUNTABILITY

        (28)    Its financial records are externally audited annually by a certified public accountant or a public audit agency. The audit must include opinion on the financial statement.

            The institution shall submit a copy of the current budget and a copy of the current audited financial statement prepared by an outside certified public accountant in public practice, who has no other relationship to the institution. The audit must be certified, with any exceptions or deviations explained.

2.18.    INSTITUTIONAL PLANNING AND EVALUATION

        (29)    The institution provides evidence of basic planning for the development of the institution, planning which identifies and integrates plans for academic personnel, learning resources, facilities, and financial development, as well as procedures for review of its programmes and institutional improvement.

        (30)    The institution systematically evaluates and makes public how well and in what ways it is accomplishing its purposes, including assessment of student learning outcomes and documentation of institutional effectiveness.

2.19.    PUBLIC INFORMATION DISCLOSURE

        (31)    It has a current and accurate prospectus and other appropriate publications available to students and the public, setting forth the following: vision, mission and objectives; admission requirements and procedures; rules and regulations for conduct of students; academic regulations; academic programmes offered; academic awards requirements; programmes and courses with specific indications of when they are offered; tuition fees and other costs; refund policies; grievance procedures academic credentials of department staff and administrators; almanac of the institution showing the annual calendar of activities; and other items related to attending the institution or withdrawing from it.

2.20.    RELATIONS WITH THE ACCREDITING BODY (NACTE)

        (32)    It accepts the policies and standards of the NACTE and agrees to comply with these standards and policies as currently stated or as modified in accordance with due process.

        (33)    It discloses to the NACTE any and all such information as NACTE may require to carry out its evaluation and accreditation function.

        (34)    It agrees to communicate to NACTE within six months any changes in its accredited status.

        (35)    It understands and agrees that NACTE may, at its discretion, make known to any agency or members of the public that may request such information, the nature of any action, positive or negative, regarding its accreditation status with NACTE.

THIRD SCHEDULE
NACTE ACCREDITATION STANDARDS

(Regulation 8)

NATIONAL COUNCIL FOR TECHNICAL EDUCATION (NACTE)

Standard One
INSTITUTIONAL VISION AND MISSION

    The institution has a statement of vision and mission that defines the institution, its educational purposes, its students, and its place in the technical education community.

Standard Two
GOVERNANCE AND ADMINISTRATION

    The institution has a governing or advisory council responsible for the quality and integrity of the institution. The institution has an administrative staff of appropriate size to enable the institution to achieve its goals and is organised to provide appropriate administrative services. Governance structures and systems ensure appropriate roles for the board, administration, academic staff, supporting staff, and students, and facilitate effective communication among the institution's constituencies.

Standard Three
INSTITUTIONAL INTEGRITY

    The institution subscribes to, advocates, and demonstrates honesty and truthfulness: in presentations to its constituencies and the public; in pursuit of truth and the dissemination of knowledge; in its treatment of and respect for administration, academic staff, other staff and students; in the management of its affairs and in relationships with NACTE and other external agencies.

Standard Four
INSTITUTIONAL EFFECTIVENESS

    The institution, appropriate to its vision and mission and purposes as a technical education and training institution, develops and implements a broad-based system of education and training, evaluation, and planning to assess institutional effectiveness and uses the results for institutional improvement. The institution identifies institutional outcomes which can be validated by objective evidence.

Standard Five
EDUCATIONAL PROGRAMMES

    The institution offers appropriate education and training level programmes in recognised fields of study that culminate in identified student competencies leading to National Technical Awards (NTAs).

Standard Six
STUDENT SUPPORT AND DEVELOPMENT

    The institution recruits and admits students appropriate to its programmes. It identifies and serves the diverse needs of its students with educational programmes and learning support services, and it fosters a supportive learning environment. The entire student pathway through the institutional experience is characterised by a concern for student access, progress, and success.

Standard Seven
INFORMATION AND LEARNING RESOURCES

    Information and learning resources and services are sufficient in quality, depth, diversity, and currency to support the institution's activities and programmes. The institution provides training so that information and learning resources may be used effectively and efficiently.

Standard Eight
STAFF

    The institution has sufficient and majority qualified full-time and part-time staff to support its educational programmes and services wherever offered and by whatever means delivered. Consistent with its vision and mission, the institution demonstrates its commitment to the significant educational role played by persons of diverse social, and economic backgrounds by making positive efforts to foster such diversity.

Standard Nine
PHYSICAL RESOURCES

    The institution has sufficient and appropriate physical resources to support its purposes and goals.

Standard Ten
FINANCIAL RESOURCES

    The institution has adequate financial resources to achieve, maintain, and enhance its programmes and services. The level of financial resources provides a reasonable expectation of financial viability and institutional improvement. The institution manages its financial affairs with integrity, consistent with its educational objectives.

FOURTH SCHEDULE
APPLICATION FORM FOR RECOGNITION OF TECHNICAL INSTITUTION DEPARTMENT

(Regulation 39)

THE NATIONAL COUNCIL FOR TECHNICAL EDUCATION (NACTE)

(to be completed by the Applicant)

Section 9: Advice and Assistance

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