Teachers Could Pay KSh1 Million for Illegal Levies Under Proposed Education Law

Kenya’s education sector is poised for a major legislative overhaul under the Basic Education Bill, 2026. Published by the National Assembly on July 24, 2026, the proposed law repeals and replaces the Basic Education Act, 2013 (Cap. 211).

Its primary objective is to align the country’s legal framework with the Competency-Based Curriculum (CBC), strengthen accountability, protect learners’ rights, and clearly delineate the responsibilities of both national and county governments.

Tougher Penalties for Illegal School Fees and Levies

The most striking provision for educators and administrators is the strict enforcement against unauthorized financial charges.

• Public school learners cannot be charged tuition fees.
• Individuals responsible for imposing illegal tuition or unauthorized charges face a fine of up to KSh1 million, imprisonment for up to three years, or both.
• Additional school charges require explicit Cabinet Secretary approval and must be properly receipted.
• Learners cannot be sent home, barred from classes, or denied lessons due to unpaid unauthorized charges or financial difficulties.

Admission Rights and Documentation Protections

The Bill reinforces the constitutional right to free and compulsory basic education under Article 53(1)(b) by removing traditional administrative barriers to school entry.

• No Entrance Tests: Schools are strictly prohibited from administering entrance examinations to determine admissions.
• Non-Discrimination: Admissions cannot be denied based on ethnicity, sex, religion, disability, language, or other discriminatory grounds.
• Birth Certificates: A child cannot be denied admission for lacking a birth certificate, safeguarding vulnerable and marginalized children.
• Redress Mechanisms: Parents can challenge improper denials of admission through County Education Boards within 14 days, with further appeals directed to the Education Appeals Tribunal.

Legal Obligations for Parents and Guardians

Accountability under the Bill extends beyond institutions to families. Parents who deliberately keep children away from school due to work, income-generating activities, or cultural practices face severe penalties, including fines of up to KSh5 million, imprisonment for up to five years, or both.

Structural Recognition of the CBC and Educational Frameworks

The legislation provides formal statutory backing for the modern education structure and introduces specialized institutional classifications:

• CBC Grade Structure: Officially covers pre-primary, primary, junior school (Grades 7 to 9), and senior school (Grades 10 to 12).
• Alternative Institutions: Recognizes comprehensive schools, mobile schools for nomadic communities, and multipurpose development centers for gifted learners.
• Faith-Based Integration: Facilitates the integration of religious instruction, such as madrassa, duksi, and Christian pastoral programs, into the formal framework.
• Special Needs Education: Implements Article 54 protections by mandating updated tracking of learners with disabilities, strengthening the Kenya Institute of Special Education (KISE), and promoting integrated learning environments.

Governance, Inspection, and Administrative Roles

Responsibilities and oversight are clearly divided to streamline management across the educational ecosystem:

• National Government: Handles policy, curriculum, educational standards, teacher registration, and the administration of primary, junior, and senior schools via the Cabinet Secretary.
• County Governments: Retain direct responsibility for pre-primary education and operate County Education Boards to monitor curriculum implementation and school feeding programs.
• Inspection Systems: Establishes a dedicated Directorate of School Inspections through the Public Service Commission to oversee institutional governance, financial management, and compliance.
• Data Management (KEMIS): Requires schools to submit accurate student and institutional data to the Kenya Education Management Information System, criminalizing the submission of false records.
• Support Frameworks: Centralizes the coordination of scholarships and bursaries to eliminate duplication and replaces nomadic councils with the National Council for Education in Marginalized Communities.

Funding, General Offences, and Transition Provisions

The proposed law relies on parliamentary appropriations, grants, donations, and service fees, operating on a July-to-June financial year subject to Public Audit Act scrutiny. General offences without specific listed penalties carry a first-time conviction fine of up to KSh200,000. Comprehensive transition clauses ensure that existing schools, assets, staff, and pending legal cases remain legally secure while shifting to the new statutory framework.