The National Assembly Committee on Delegated Legislation has revoked the recently gazetted 2023 University Regulations citing non-compliance with the relevant laws.
In their report dated September 13, 2023, and signed by Committee Chairperson Chepkonga Samuel Kiprono, the legislators noted that the decision will give the Ministry of Education (MoE) an opportunity to align the regulations with the Constitution, the relevant statutes and recommendations on University Education from the Presidential Working Party on Education Reforms (PWPER) report.
The regulations, which were published in Gazette LN NO 56 of 2023 on May 2, 2023, were received by the National Assembly and presented on the table in June 2023, marking the fourth time in the same scenario.
This completes the statutory requirements as outlined in Section 11 (1) of the Statutory Instruments Act.
The Committee observed that the Ministry, in its regulatory process, failed to provide adequate evidence of engaging in public participation or consulting with stakeholders, which raises concerns regarding its compliance with constitutional requirements Article 10, 118 and 259 and relevant statutory provisions, Sections 5,5A and the schedule to Sections 5, 5A as well as Section 13 of the Statutory Instrument Act 2013, and Section 70 of the University Act 2012.
Additionally, it stated that Section 6 of the Statutory Instruments Act 2013 requires that a Regulatory Impact Assessment be conducted where the proposed regulation is likely to impose significant costs on the community or part of the community.
The Regulations provide for preliminary provisions including the citation, interpretation of the various terminologies used in the text of the regulations and the scope to be covered in the process of implementation of the regulations.
Additionally, the Regulations provide for eligibility and application procedure of establishing a university, inspection of universities operating under a letter of interim authority and procedures for revocation of the said letter, application for award of charter, accreditation process for award of charter, requirement for accreditation report, grant of charter, and mergers and acquisition.
They further provide guidelines for change of sponsorship of a university, withdrawal of a sponsor of a university, accreditation of foreign universities, institutionalization of quality assurance, institutional quality audit, impromptu quality audit, inspection or investigation; promotion of quality teaching research, industry linkages, innovation and community, university data and information systems.
By Viola Chepkemoi
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