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"content": "(i) why are the certificates being withheld, depriving students, particularly from poor counties an opportunity to seek employment (ii) when will the Cabinet Secretary issue instructions to all schools to release all certificates held by heads of institutions without any condition. Mr. Speaker, Sir, I wish to respond to the issues raised by Sen. Musila as follows:- The Ministry of Education, Science and Technology is aware that pursuant to Section 10(1) (b) of the National Examination Council Act, 2012, one of the functions of the council is to award certificates or diplomas to candidates. The Ministry is also aware that such certificates or diplomas shall not be withheld from the candidate by any person or institution. However, Section 59(n) and (o) of the Basic Education Act, 2013, authorizes school boards of management to administer and manage the resources of their institutions and also to receive, collect and account for any funds accruing to their institutions. Further and according to Section 67(1A)(ii) of the Teachers Service Commission code of regulations for teachers revised in 2005, non-collection of any authorized monies due to the Kenya Government boards of management or District Education Boards, will be deemed to be loss of public funds and may lead to disciplinary action against the head of institution. This part of the law is meant to ensure that school heads manage the resources available to them prudently to ensure that learners, not only remain in school, but are properly taken care of. Failure to collect any funds due to schools, therefore, will adversely affect learning and the quality of education is likely to be compromised. Mr. Speaker, Sir, the Ministry via its circular reference MOE/91/44 dated 9th January, 2008, issued guidelines to schools for the implementation of the free day secondary education, subsidizing students’ fees by issuing an annual grant of Kshs10,265 per student, per year. The grant is meant to cover tuition and other related services, but meals and boarding costs are the responsibility of parents and guardians. The issue of outstanding fees, therefore, arises from failure on the part of parents and guardians to pay for meals and other related costs for their children. It is, therefore, expected that parents or guardians who are unable to pay this levies, not school fees, but levies, on time make individual arrangements with respective institutions on the best way to fulfill their obligations. Otherwise, schools cannot operate effectively with colossal sums of money due to them outstanding. On the other hand school heads have no choice, but to comply with the procurements that I have read of the Basic Education Act and the Teachers Service Commission code of regulation for teachers as detailed above. The Government is encouraging the development of more quality day secondary schools to mitigate against the high cost of boarding fees. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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