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{
    "id": 331622,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/331622/?format=api",
    "text_counter": 340,
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    "speaker": null,
    "content": "This is as a result of the piecemeal, inadequate and unclear policies on university education and financing. This Bill seeks to address those. Mr. Temporary Deputy Speaker, Sir, Kenya has a vibrant university sector with both the private and public universities. The two university systems have very different governance structures because of the different governing laws. Private universities are sponsored by private individuals, trusts or organizations including churches and are all governed under the Universities Act of 1985 and associated regulations. They are actually regulated by the Commission for Higher Education. All public universities on the other hand are established by individual Acts of Parliament as autonomous and independent bodies. They are also covered by councils appointed in accordance to the respective Acts of Parliament. There is, thus, a need for a unified law to deal with university education, because even within the public universities there is variation in governance. Mr. Temporary Deputy Speaker, Sir, to address the challenges facing the university education subsector, the Ministry through a taskforce of aligning the higher education, science and technology sector with the Constitution constituted under Gazette Notice No.11626 of 23rd September, 2001 developed the Universities Bill to harmonize various Acts of Parliament governing the subsector into one coherent Act that will create a unified legal environment for better governance and management of the institutions and the subsector in general. I would like to mention that although we were using the Committee to align, we were really not a committee under the schedule in the Constitution. Part I of the Bill relates to the preliminary provisions, which include the short title of the Bill, interpretation, objectives of university education and national values. You may wish to know that the current legislations governing university subsector lack provisions which stipulate the objectives of the university education and the national values. Mr. Temporary Deputy Speaker, Sir, Part II provides for the establishment of the Commission for University Education as a successor of the current Commission for Higher Education. Clause 4 establishes the Commission as a body corporate with the perpetual succession and common seal. Clause 5 provides for the functions of the Commission, which include quality assurance of university education in both the public and private universities. Clauses 6 to 8 provide for constitution of members of the Commission, their numbers, qualifications and vacation from office. The clause further provides for a selection panel to conduct the process of appointing members of the Commission who are not appointed by virtue of their office. This new process requires the selection panel to advertise for the position of Commissioners. This is a departure from the past practice where the Minister would appoint without advertising the positions. Clauses 9 to 12 outline the requirements for appointment of the Chief Executive Officer and other members of staff of the Commission. Part III of the Bill sets out the procedure for the establishment and accreditation of universities. This part provides for the grant of the letter of interim authority and a charter to a university and the effect either of this have with respect to the university. It also provides for the establishment of specialized universities, technical universities and an open university. Clauses 14 to 17 contain provisions which outline the process of issuance of the interim letter of authority, its effect, duration and revocation. Clauses 18"
}