To be the most focused facilitator of equitable and sustainable development and provider of local quality services in the country.
MUNICIPAL COUNCIL OF MAVOKO
(PRIVATE SCHOOLS)
BY –LAWS, 2009
LOCAL GOVERNMENT ACT
CAP 265
IN EXERCISE of the powers conferred by section 201 of the Local Government. Act, Cap 265 the Municipal Council of Mavoko has made the following By – Laws:-
THE MUNICIPAL COUNCIL OF MAVOKO
(PRIVATE SCHOOLS) BY-LAWS, 2009.
Citation 1. These By-Laws may be cited as the Municipal Council of Mavoko(Private Schools) By- Laws, 2009
Interpretation 2. In these By-Laws unless the context otherwise requires
“Council” means the Municipal Council of Mavoko;
“Town Clerk” means the Town Clerk of the Council;
“Medical Officer of Health” means the Medical Officer of Health of the Council or the public Health officer appointed by the council ;
“Child” means a person under seven 7 years of age
“Day Nursery” means a place at which two or more children are cared for in return for a fee or a reward;
“Pupil” means a person enrolled as a pupil in a school.
“School” means a place in which two or more pupils receive instructions in return for a fee or a reward. It include all Private Day Nursery, Pre Schools, Primary Schools, Secondary Schools, Colleges (Commercial Technical, Business, Medical e.t.c.) and Universities.
“Student” means a person enrolled as a student in a school, college or university
“Permitted Premises” means premises in respect of which a permit has been granted
Permitted 3. No person shall carry on a school within the Municipality except in permitted
premises premises.
Form of 4. Every application for a permit shall be made in writing and shall be
application addressed to the Town Clerk and such application shall set forth-
a) the name, address and occupation of the applicant;.
b) the description of the premises in which it is proposed to carry on the nursery / School / College; and university;
c) the number of persons proposed to be employed to teach and take care of children, pupil or student accommodated in the proposed nursery / school/ college and university.
Form of 5. The permit shall be in such form as may be determined from time to time by the
permit Council and shall contain-
a) the name and address of the permit holder;
b) a description of the permitted premises;
c) the number of persons to be employed in the care of the children or instruction of the pupils/students accommodated in the permitted premises;
d) the date on which the permit expires;
e) any conditions which the Council may deem it necessary to impose
Duration 6. No permit shall be granted for a longer period than one year and every permit shall
expire on the 31st of December of the year in which it is granted.
Transfer 7. A permit shall not be transferable either from the holder thereof to any other person or from the permitted premises to any other premises without the previous consent in
writing of the council having being first obtained.
Conditions 8. No permit shall be granted unless the Council is satisfied that-
for permit
a) the premises in respect of which a permit is desired comply with any Building By-laws for the time being in force in the Municipality;
b) the premises are suitable in all respects for use as a nursery / School / College/ university and are capable of accommodating the number of children or pupils or students proposed to be accommodated therein; and
c) the number of persons proposed to be employed to teach and take care of children or pupils/students is sufficient to safeguard their health, or safety
d) the nursery / School / College/ University meets the Ministry of Education standards;
e) a nursery school shall be located on a piece of land measuring at least 0.25 acres
f) a primary school shall be located on a piece of land measuring at least 1 acre.
Condition of 9. The permit holder shall maintain the permitted premises in good order and
premises condition to the satisfaction of the Council and in the event of his failure
so to do, the Council may cause a notice to be served upon the permit holder requiring him within the period specified in the notice, to carry out such works as may in the opinion of the council be necessary to put such premises in good order and condition and if the permit holder fails to do such work within the time specified in such notice he shall be guilty of an offence against these By-laws.
Number of 10. The permit holder shall not at any one time permit any larger number of children
Children or pupils or students to be accommodated in the permitted premises than the number specified in the permit relating to such premises.
Number of 11. The permit holder shall ensure that at all times the number of
persons persons employed in the care of children or pupil/student
employed accommodated in the permitted premises shall be not less than the
number specified for this purpose in the permit.
Infected 12. (a) The permit holder shall not permit a person suffering from an employees infectious, contagious or venereal disease to be employed or
engaged in or upon the permitted premises
(b) Any person working in a School permitted under these by-laws must have a valid medical certificate from a recognized Medical Officer.
Inspection 13. The Medical Officer of Health or any other officer authorized in writing by the Council in that behalf may at all reasonable times enter and inspect any permitted premises.
Inspection 14. The Medical Officer of Health or any other Officer authorized in of school the Council in that behalf may at all reasonable times enter and
inspect any premises in the municipal which he has reasonable cause to believe are being used for the purpose of carrying on a school.
Fees 15. The fee payable for the grant, renewal or transfer of a permit under these By-laws shall be as per the latest gazetted Council fees and charges.
Duty of 16. The permit holder shall be responsible for the due observance of Permit holder these By - laws in respect of the premises for which he holds a
a permit and any breach thereof by any servant of the permit holder shall be deemed to be a breach by the permit holder.
Penalty 17. Any person who contravenes or who fails to comply with any of the provisions of these By-laws shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding Two Thousand Shillings and in default of payment to imprisonment for a term not exceeding six months.
Made by Order of the Municipal Council of Mavoko this day of 2009
WISDOM K. MWAMBURI
TOWN CLERK
Approved this day of 2009
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT