MIGORI COUNTY

INAUGURATION OF BOARD OF
MANAGEMENT
This exercise is conducted in line with the provisions of sections 56 to
63 and the third and fourth schedule of the Basic Education Act.
Once the BOM is appointed, it holds its inauguration meeting which
shall be convened and chaired by the CDE/SCDE or his/her
representative.

Procedure:
1. Confirmation of the Head of Institution as secretary to the Board of
Management (BEA section 62).
2. Election of the Chairperson [Section 56 (4) – (7)]
▪ Elected from amongst members provided that the person
was not appointed under section 56 (1) (c)
▪ Must be a graduate
▪ For Public schools sponsored by faith based organizations,
the Chairperson of the Board of Management shall be
appointed by the County Education Board in consultation
with the sponsor.
 For a public school, the Chairperson of the Board of
Management shall be elected by the members in their first
meeting (inaugural).
 Despite subsection (5), a faith based Sponsor who does not
make a significant contribution and impact to a school or
institution as contemplated under section 2 of the Act shall
not be consulted in the appointment of the Chairperson of
the Board of Management of that school or institution.
[Section 2: “Sponsor” means a person or institution who
makes a significant contribution and impact on the
academic, financial, infrastructural and spiritual
development of an institution of Basic Education.]
▪ Call for proposals and secondment (in case of more than one
proposal and
secondment, members will take a vote)

3. Election of the Deputy Chairperson [Fourth schedule Section 8 (1)

and (2)].

4. Co-option:
• The number of members co-opted shall not exceed three.
[BEA section 56 (3)].

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 • The chairperson and two members of the Parents association
shall be co- opted to the board of Management [Third schedule,
section 2 (4)]
Note: Members co-opted must be have a minimum Education
level of KCSE (“O” level) and one third gender rule must be
observed.

5. Constitute the executive Committee of the BOM which shall comprise

the
following:
a) Chairperson of the
BOM. b) Secretary to
the BOM
c) The chairperson of the Parents Association of the
school. d) Two other BOM members
6. Confirm signatories to the school’s account who include:
a) Chairperson of the
BOM. b) Secretary to
the BOM.
c) Chairperson of the school parents
Association. d) One other member of the
BOM ( to be elected by the BOM)

Note:
• Out of the four signatories, any three will sign Cheques.
• The secretary/principal/Head of Institution is a mandatory
signatory.
• The chairperson should approve all transactions
• Every Cheque presented for signing must be accompanied by
payment vouchers with clear narrations.

School accounts:

• Tuition /account (Cheques only, no virement is allowed)

• Operations account
• Boarding /school fund account
• Infrastructure account
• Savings account
• Schools with income generating activities will open separate
accounts for the same.
• Schools may open additional bank accounts as may be necessary
e.g. for
NG-CDF funds, development/funds raised through Harambee.
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FUNCTIONS OF BOM
1. Promote the best interests of the institution and ensure its
development
2. Promote quality education for all pupils/students in accordance
with the
standards set under the Basic Education Act No. 14 of 2013 or
any other written law.
3. Ensure and assure the provision of proper and adequate
physical facilities for the institution.
4. Manage the institution’s affairs in accordance with the rules and
regulation
governing the occupational safety and health.

5. Advise the CEB on the staffing needs of the institution

6. Determine cases of pupils’ discipline and make reports to
the CEB in accordance with education act
7. Prepare a comprehensive termly report on all areas of its
mandate and
submit the report to the CEB
8. Facilitate and ensure the provision of guidance and
counselling to all learners
9. Provide for the welfare and observe the human rights and
ensure safety of the pupils/learners, teachers and non teaching
staff at the institution
10. Encourage a culture of dialogue and participatory democratic
governance at the institution.
11. Promote the spirit of cohesion, interaction, peace, tolerance,
inclusion,
elimination of hate speech and elimination of tribalism in the
institution
12. Encourage the learners, teachers and non-teaching staff,
parents and the community and other stakeholders to render
voluntary services to the institution.
13. Allow reasonable use of the facilities of the institution for
community,
social and other lawful purposes, subject to such reasonable and
equitable conditions as it may determine including charging of
fee.
14. Administer and manage the resources of the institution
(financial, physical human)

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 15. Receive, collect and account for any funds accruing to the
institution
16. Recruit, employ and remunerate such members of non-teaching
staff as
may be required by the institution in accordance with this Act.
17. Perform any other function to facilitate the implementation of
its function under the Basic Education Act No. 14 of 2013 or any
other written law.

CONDUCT OF BUSINESS AND AFFAIRS OF

BOM (FOURTH SCHEDULE)

TENURE OF BOM
• A member shall hold office for a term of three years from the
date of appointment and shall be eligible for reappointment for
one final term of a period not exceeding three years.
• In reappointing members of the BOMs, the County Education
Board shall maintain a proportion of old membership that
ensures continuity in the affairs of the BOMs

RESIGNATION FROM THE BOMS

• A member of a BOM may at any time resign by giving notice of
14 days in writing to the CEB
• A person giving notice of resignation shall cease to be a member
of the BOM from the date specified in the notice and if no date is
specified, from the date of the receipt of the notice by the CEB

REVOCATION OF APPOINTMENT AND VACATION OF OFFICE

The appointment of a member to a BOM shall be revoked and the
member shall vacate office if the member:
1. Resigns from office by giving notice in writing to the CEB
2. Becomes insolvent or has conveyed or assigned his property or
has made a proposition or arrangement for the benefit of his
creditors (Bankruptcy)
3. Is sentenced by a court of law to imprisonment for a term of six
months or more.
4. Is incapacitated by physical or mental illness
5. Has been absent from three consecutive meetings of the
BOM without leave

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 6. Has his/her appointment recommended for revocation by the
nominating
body or CEB
7. Is otherwise unable or unfit to discharge his functions as a
member of the
BOM on account of any matter in the Basic Education Act No.
14 of 2013
8. In the unfortunate case of demise of a member.

CONDUCT OF MEETINGS
• The BOM shall meet at least once every four months. However,
the executive committee of the BOM may meet whenever need
arises but the decisions made shall be ratified by the full BOM.
• A notice of 14 days shall be given prior to the full BOM meeting
• The chairperson may on his own motion or upon requisition in
writing by at least five members of the board request for a
special meeting of the BOM or at any time for the transaction of
a specific business.
• The quorum for holding a meeting shall be two-thirds of
the total membership (membership of 14)
• The chairperson shall preside over all meetings and in his/her
absence the deputy chairperson shall preside. In the absence of
the two, the members present shall elect one of their own to
chair the meeting.

REVOCATION/DISSOLUTION OF THE BOM

• When the BOM is unable to discharge its functions as per the
provisions of the Basic Education Act; or
• The institution changes its mandate. The CEB will dissolve the
board and reconstitute a new one.

REPLACING A MEMBER OF BOM

• Replacement of a member of a BOM who has vacated office
through resignation, revocation of appointment, death or any
other circumstances shall be done by the CEB through the
selection panel and in consultation with the relevant stakeholders
in line with the provision of section 5 (2) of the fourth schedule.
The new member shall serve for the remaining term of office of
the BOM
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ATTENDANCE OF MEETINGS
• Persons appointed as BOM members shall attend Board
meetings.
However, under given circumstances, a person may attend the
Board meetings on the board’s invitation and his or her name
shall be listed as in attendance and not a board member.
• Ex-officio members of the BOM shall attend BOM meetings on
invitation by the secretary to BOM
Note: Attendance by CDE/SCDE or his representative will be
mandatory

REMUNERATION OF MEMBERS OF BOM

• Members of BOMs shall be paid in respect of their services
such allowances as the Board of Management shall, with the
approval of the cabinet secretary determine.

ROLES OF THE BOM IN MANAGEMENT OF STUDENTS

DISCIPLINE
• The CEB shall collaborate with BOMs in matters pertaining to
discipline of students/pupils in all basic education institutions
• The BOMs shall liaise with the school administration and
students’
councils in maintaining discipline.
• The BOMs will determine cases of students/pupils Discipline and
make recommendations to the CEB (Refer Basic Education
regulation of 2015)

DISCLOSURE OF INTEREST
If a member is directly or indirectly interested in any contract,
proposed contract or other matter before a Board of Management and
is present at a meeting of the Board of Management at which the
contract, proposed contract or other matter is the subject of
consideration, he shall, at the meeting and as soon as is reasonably
practicable after the commencement thereof, disclose the fact and
shall not take part in the consideration or discussion of, or vote on, any
question with respect
to the contract or other matter, or be counted in the quorum of the
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meeting
during consideration of the matter.

IMPORTANT DOCUMENTS AS BASIC REFERENCES FOR BOM

BOMs are encouraged to make use of the following documents when
executing their responsibilities: -
a) The Constitution of Kenya
2010
b) The Basic Education Act No. 14 of
2013
c) Te a c h e r s Service Commission Act
2012
d) Children’s act 2022
e) Public finance management Act
2012
f) The Kenya National Examination Council Act
2012
g) Public Procurement and Asset Disposal Act, 2015 and
Regulations of 2020
h) Safety standards manual for schools in Kenya
(MoE), 2008 i) Policy regulations and guidelines given
from time to time.

COMMITTEES OF BOM
Are constituted according to provisions of section 61 of the BEA as the
board
may consider appropriate to perform such functions as the board
may deem necessary. These are:
a) Finance, procurement and general purposes
committee
b) Academic standards, quality and environment
committee c) D i s c i p l i n e , ethics and integrity
committee
d) Audit
committee
e) Human Rights and student welfare
committee f) S c h o o l Infrastructure
Committee (SIC)

Note:
• These are formed during the first BOM meeting after
inauguration
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 • Membership is a minimum of three members

MANDATE OF THE COMMITTEES:

Finance, Procurement and general

purposes
• R e v i e w trial balances
• R e v i e w the school budget process
• Can handle cases of infrastructure and ensure adequate resources
for learning and provide for effective implementation of the
curriculum.
• M o n i t o r school projects and investments
• L i a i s e with other stakeholders on issues of capacity building.

Academic standards, quality and environment

• R e v i e w academic policies
• Discuss and recommend academic calendars and programmes to
the BOM for discussion and approval
• Set school targets with members of teaching staff
• Monitor value added progress
• Quality control
• Liaise with MOE on behalf the school (through the secretary)
• Monitor curriculum implementation/ supervision (through
visits and meetings with teachers)
• Recommend reasonable measures regarding the hygiene, security
and safety of learners in the school and outside the school.

Discipline, Ethics and Integrity

• Discipline of students and workers
• Review school rules before approval by BOM
• Promote good governance
• Enhance integrity
• Work with BOM to eliminate and manage drug and substance abuse
amongst students, teachers and non-teaching staff
• Enhance school discipline of both students and workers since this
affects effective implementation of the curriculum and work
towards curbing any indiscipline.

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Note: In all disciplinary cases affecting a learner, the attendance of
Sub-County
Education office shall be mandatory while for a teacher, TSC office will
be in attendance

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Audit committee
• Discuss Audited books of accounts for BOM approval
• Advise on internal control systems
• Liaise with MOE Auditors on audit issues (through the secretary)
• Conduct value for money audits

Human rights and students Welfare

• Monitor and engage students and student leaders on all matters of
the school
• Putting the students at the centre of the existence of the school at
all times
• Monitor safety regulations and student health

School Infrastructure Committee (SIC)

Formation based on regulations/ guidelines by the Cabinet secretary.
All schools must have a School Infrastructure Committee (SIC) which is
a
Sub- committee of the BoM

Membership:
1. Chair Person elected from BoM (not the BoM Chair Person).
2. Deputy Principal -Secretary
3. Principal -member
4. BoM Chair Person-member
5. PA Chairperson-member
6. One other BoM member
7. CDE/SCDE or representative-member (mandatory)

Roles and Responsibilities:

SIC thro BoM will:
• Prepare & update school infrastructure development plan (SIDP)
• Recommend type of contract to be used (labour or full contract)
• Recommend procurement of Building Materials/equipment
as per regulations.
• Oversee Works
• Prepare Payment Schedules in collaboration with Public Works
for BoM
approval

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 • Maintain records
• Evaluate contractor performance
• Maintain the school facilities
▪ Report to BoM every undertaking

BoMs’ responsibilities:
• Ratify SIDP
• Ratify SIC recommendations
• Pay for work done
• Report progress of work to MOE (at all levels)
• Implement GoK policies & guidelines

NB: These committees MUST be regulated by the Board of

Management.

EMERGING ISSUES FROM TIME TO TIME

1. BOM members having vested interests in the following areas of
the school:
• Procurement (tenders/suppliers)
• Human resource management of non-teaching staff
(Recruitment and
Discipline)
• Unnecessary interference in school administration because
BOM do not understand their roles
2. BOM members inciting members of the community
against school administration.
3. Avoid and discourage leasing of school land; all government
institution land is under the custody of Treasury CS
4. Schools should not take bank loans; this can only be done with
approval from the CS Education
5. Refer all education cases to the nearest office of the Attorney
General (State Councils) - do not hire private lawyers
6. BOMs are to adopt alternative dispute resolution mechanisms.
7. Schools/BOMs are discouraged from withholding examination
certificates (KNEC Act 2012(Revised 2016) section 10(1) (b).

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[Link] Constitution of Kenya 2010 Article 53(1)(b) states that every
child has a right to free and compulsory Basic Education.
Therefore, no Basic Education institution should charge extra
levies. unless approved by the Cabinet Secretary in consultation
with the County Education Board (Basic Education Regulations,
regulation 74)
[Link] resolution of the Board of Management shall be communicated
through the Secretary to the Board. (Head of Institution)

NOTE:
• BOM plays an oversight role by making
resolutions/approvals and receiving and interrogating
reports presented in meetings.

• The principal is the accounting officer and oversees day to

day running of the school, communicates BOM decisions
and in charge of procurement function with approval of
BOM.

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