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{
    "id": 685670,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/685670/?format=api",
    "text_counter": 303,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "This amendment Bill deals with accreditation of universities and approval of their academic programmes. It deals with the nomination of representatives from the public and private universities to be members of the Commission so that we can get equal representation. They are very minor things. Clause 1 of the Bill seeks to amend Section 2 of the Act so as to provide for a distinction between accreditation of universities and approval of academic programmes. Which comes first? That distinction is being made very clearly in Clause 1. If you look at the back of the Bill, it gives Members the amendments to the principal Act. It is shown at the back of the Bill. Clause 3 of the Bill seeks to amend Section 5 of the principal Act to empower the Commission and give it the powers to give accreditation and, at the same time, approve academic programmes. The major problem that is facing our country today is corruption, and it is not corruption in terms of stealing. Corruption has also gone into universities where anybody who has money will open a university or a branch, create his own programmes, and then swindle many Kenyan parents of their hard-earned money. So, Clause 3 is basically empowering the Commission for Higher Education and gives it the powers to accredit universities and approve university programmes in Kenya. So, all the courses which are being done in the universities must be approved. Clause 4 of the Bill seeks to amend Section 6 of the Act to include a nominee of the public universities and a nominee of the private universities to be members of the Commission. If powers will be given to the Commission, then it must be a representative of the stakeholders. That is why we are saying that one person representing the public universities and one person representing the private universities must sit in the Commission for Higher Education. Clause 5 of the Bill seeks to amend the Act by inserting a new sub-section 5A to address issues of conflict in law. What does it deal with in the approval of the academic programmes offered by the universities and colleges? How does it do that? It bestows this role on the Commission despite any contrary provision. So, whether you are in a private or a public university, the role of approving the university programmes will squarely lie with the Commission as a regulator. The Commission is playing the role of a regulator. Clause 7 of the Bill seeks to empower our local chartered universities. Our chartered local universities are empowered to develop and implement new academic programmes upon approval by the Commission. So, any university or institution of higher learning can have its own programmes that must be approved by the regulator, which is the Commission. Clause 10 of the Bill seeks to amend Section 23 of the Act so as to require university councils to obtain prior approval of the Cabinet Secretary (CS) before making any regulations or statutes under this Act. If you look at the Statutory Instruments Act, it is very clear that it is only the CSs that can bring regulations or statutes to the National Assembly. So, Clause 10 of the Bill is just trying to amend Section 23 of the Act so as to make it mandatory for university councils to obtain the approval of the CS for Education for this matter before they can make any regulations. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}