The Committee on Education and Research of the National Assembly has recommended that the House approve a private member’s Bill that would bar universities from offering basic certificates and diplomas and reserve such courses for technical and vocational education and training (Tvet) institutions.
If the Universities (Amendment) Bill (No 5) of 2023 is passed by the House, it will lock universities out of a market that has been providing them with an alternative source of revenue.
As most public institutions face financial challenges, universities will then be restricted to degree and postgraduate programmes.
Embakasi Central MP Benjamin Gathiru sponsors the Bill.
The committee agreed with his argument that there are overlapping roles of universities and TVET institutions in offering certificates and diplomas.
The committee observed that this has resulted in duplication of roles, congestion in universities, and underutilisation of resources.
“A situation that has led to inconsistencies in course quality, content, and duration. Currently, both the Technical and Vocational Education and Training Authority (TVETA) and the Commission for University Education (CUE) are responsible for certifying diploma and certificate courses, creating regulatory challenges and confusion in the education sector,” reads the report of the committee.
The Bill also seeks to bar the Kenya Universities and Colleges Central Placement Service (KUCCPS) from placing students in diploma and certificate courses offered by universities.
To avoid disruptions, the Bill proposes that students currently enrolled in these programmes be allowed to complete them.
If passed, universities will only offer postgraduate certificates and diplomas, not the basic ones offered by TVET institutions.
The proposed amendment was also recommended by the Presidential Working Party on Education Reforms.
The Bill is among others that the committee has recommended for approval.
The Universities (Amendment) Bill, 2024 (No 16 of 2024), seeks to remove the Public Service Commission (PSC) from the process of appointing chancellors of public universities. This Bill has been sponsored by Kilifi North MP, Owen Baya.
Mr Baya argues that there are 26 public universities without chancellors due to a complicated process for their appointment.
This process includes the submission of candidates to the PSC, shortlisting, and ranking before forwarding the names to the President for final selection.
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The Bill proposes to simplify this process by allowing the university's Senate to directly forward to the President three names of suitable candidates for selection within 90 days.
The committee, chaired by Julius Melly (Tinderet), observed that chancellors do not engage in the day-to-day activities of public service to necessitate inclusion in the PSC recruitment process.
The Universities (Amendment) Bill (No 38) of 2023, sponsored by Bumula MP Jack Wamboka, seeks to remove private universities’ representation from the board of management of KUCCPS.
Private universities are currently represented on the board by two vice-chancellors.
However, the committee disagreed with the proposal and argued that KUCCPS also acts as a database on university and college placement to advise the government.
The Bill also proposes providing a framework for the exclusive placement of government-sponsored students in public universities.
The Basic Education (Amendment) Bill (No 59) of 2023, sponsored by Maragua MP Mary Wamaua, seeks to establish sub-county education boards in every sub-county to decentralise education oversight.
The Universities (Amendment) Bill (No 64) of 2023 seeks to abolish the use of public funds for private universities and prohibit KUCCPS from placing students in private institutions. KUCCPS has not placed government-sponsored students in private universities in the last two placement cycles.
This Bill has been sponsored by Khwisero MP Christopher Wangaya.