The National Assembly Committee on Education has called on the Ministry of Education to establish clear rules and regulations governing student discipline in schools, amid growing concerns over school unrest, violence against teachers and attacks involving learners.
The committee, chaired by Hon. Julius Melly, raised the concerns during an ongoing engagement with education stakeholders on seven proposed education reform Bills, where officials from the State Department for Basic Education, led by Principal Secretary John Ololtuaa, presented their submissions.
Lawmakers expressed concern that Clause 19 of the Basic Education Bill, 2026, provides strong protections for learners against corporal punishment and other forms of mistreatment but does not clearly outline the disciplinary measures that schools can take against students who engage in serious misconduct.
The committee warned that the absence of clear and effective disciplinary procedures could make it increasingly difficult for school administrators and teachers to maintain order, protect learners and ensure a safe learning environment.
The discussions come at a time when concerns over school unrest, destruction of property and violence involving students have continued to draw attention to the challenges facing school management across the country.
MPs Want Clear Punishment for Students Who Break School Rules
During the engagement, Melly challenged the Ministry of Education to address what he described as weaknesses in the current student discipline framework.
The committee chairperson argued that teachers and school administrators need clear legal guidance on how to handle learners who engage in violence, threaten fellow students or attack members of staff.
According to Melly, the protections provided under Clause 19 of the Basic Education Bill could leave school administrators uncertain about the disciplinary measures they are legally permitted to impose.
He told the committee that some schools were struggling to maintain order because teachers feared taking disciplinary action against learners who committed serious offences.
“Schools are now ungovernable. Teachers are very unsafe since students can wake up and manhandle a teacher and they cannot do anything since the student is protected by the law,” Melly said.
He further cited incidents in which students had allegedly attacked fellow learners, including cases involving the burning of other students, to illustrate the seriousness of the discipline problem.
The committee maintained that the government must strike a balance between protecting learners from abuse and empowering teachers to enforce school rules.
Lawmakers argued that protecting students’ rights should not be interpreted as allowing indiscipline to go unpunished, particularly where the conduct of a learner threatens the safety of others.
The proposed regulations are expected to provide greater clarity on how schools should respond to different categories of misconduct, including violent behaviour and other serious breaches of school rules.
However, the precise disciplinary measures to be adopted will depend on the regulations developed by the Ministry of Education and the applicable legal framework.
Ministry to Develop Regulations on Student Suspension
Responding to the committee, Basic Education Principal Secretary John Ololtuaa acknowledged that the Cabinet Secretary for Education would need to develop regulations addressing student discipline under the proposed law.
Ololtuaa explained that Clause 19, particularly subsections 2 and 3, prohibits corporal punishment, torture and cruel, inhuman or degrading treatment of learners.
The provisions cover both physical and psychological mistreatment, meaning schools cannot use disciplinary methods that violate the protections established under the law.
The PS said the Cabinet Secretary would be expected to formulate regulations that address the various aspects of student discipline, including circumstances under which a learner could be suspended.
“On issues of discipline the CS must be able to come up with regulations to capture all those aspects,” Ololtuaa told the committee.
The proposed regulations could help schools understand the procedures to follow when dealing with learners accused of misconduct, including how disciplinary decisions should be made and the circumstances under which particular measures may be justified.
For teachers and school heads, such guidelines would be important in reducing uncertainty over the limits of their authority when responding to indiscipline.
They could also establish more consistent disciplinary procedures across schools, helping to ensure that learners facing similar allegations are handled fairly.
Nevertheless, the regulations will need to respect learners’ legal rights and provide safeguards against arbitrary or discriminatory punishment.
The committee’s intervention signals that student discipline is likely to remain a major issue as Parliament considers the proposed education reforms.
Legal Expert Agrees Current Discipline Mechanism Needs Review
Prof. Collins Odote, Chairperson of the Council of Legal Education, also supported calls for a review of the existing student discipline framework.
Odote, who accompanied the State Department for Basic Education team during the submissions, acknowledged that the current system presented difficulties that required further attention.
He told lawmakers that there was a need to develop more effective mechanisms for addressing misconduct in schools.
“On the issue of discipline, there must be concession that what we have now is difficult. The current discipline mechanism is not working and there is need to do more,” Odote said.
His remarks reinforced the committee’s position that the government needs to provide a clearer framework for managing discipline without undermining the rights and dignity of learners.
The discussion highlights the challenge facing education policymakers as they seek to protect children from physical and psychological abuse while ensuring that teachers can discharge their professional responsibilities in safe working environments.
Schools are expected to provide an environment in which learners can study without fear of violence, intimidation or harassment. Teachers, on the other hand, require clear procedures for responding to misconduct without exposing themselves to legal or professional risks.
The development of comprehensive regulations could help clarify these responsibilities and establish procedures for handling disciplinary cases.
Such a framework would also need to distinguish between minor breaches of school rules and serious offences that require stronger intervention, while ensuring that disciplinary decisions follow due process.
What Clause 19 of the Basic Education Bill Means for Schools
Clause 19 of the Basic Education Bill, 2026, has become a key point of discussion because of its provisions on learner protection.
As explained by the PS, the clause prohibits corporal punishment, torture and cruel, inhuman or degrading treatment or punishment, whether physical or psychological.
These protections are intended to safeguard learners against abusive disciplinary practices.
However, the committee’s concern is that the legislation should also provide a clear framework for dealing with learners who violate school rules or engage in conduct that threatens the safety of other students and teachers.
The distinction is important because prohibiting abusive punishment does not necessarily mean that schools cannot impose lawful disciplinary measures.
Instead, schools need clearly defined procedures that allow them to address misconduct while respecting the rights of learners.
The regulations proposed by the Ministry could therefore clarify how school heads should handle disciplinary cases, when suspension may be considered and what safeguards must be observed.
They could also help reduce inconsistencies in the way schools respond to serious incidents.
For teachers, the outcome of the discussions could influence how discipline is managed under the proposed legal framework if the Bill is enacted and the regulations are subsequently issued.
However, no new disciplinary rules or suspension procedures were announced during the committee session. The Ministry is expected to develop the regulations required to address the concerns raised by lawmakers.
TSC Supports Registration Rules for Basic Education Institutions
Meanwhile, the Teachers Service Commission (TSC), led by Acting Chief Executive Officer Evaleen Mitei, also appeared before the National Assembly Committee on Education to present its views on the proposed education reforms.
During its submissions, the commission supported Clause 27 of the Basic Education Bill, 2026, which provides for the registration of basic education institutions.
The TSC argued that the provision would help ensure that schools seeking registration certificates meet the relevant requirements, including employing registered teachers.
The commission’s position underscores the importance of teacher registration and compliance with professional standards in the management of basic education institutions.
The registration of schools is a key component of education oversight, as it helps the government establish whether institutions meet the applicable legal and administrative requirements.
The TSC’s support for the clause suggests that the commission views the proposed provision as an opportunity to strengthen compliance with teacher registration requirements across the basic education sector.
The issue is particularly significant as Kenya continues implementing the Competency-Based Education (CBE) system, which has introduced new learning areas and increased the need for appropriately trained and registered teachers.
TSC Opposes Conversion of Three Teacher Training Colleges
Mitei and her team also raised objections to provisions contained in the Pre-Service Education and In-Service Training Bill, 2026.
The commission specifically opposed Clauses 50–52, which address savings, transitional arrangements and revocation.
One of its major concerns was the proposed conversion of Kibabii, Kagumo and Lugari Teachers Training Colleges into branches of the Kenya School of Education, with the facilities intended to offer conference services.
The acting CEO argued that the three institutions should retain their independence and continue training teachers to meet the country’s evolving educational needs.
According to Mitei, converting the colleges into branches focused on conference facilities could undermine the country’s capacity to prepare enough teachers for the new learning areas introduced under the Competency-Based Education system.
“The colleges should be left to independently continue training teachers in the new learning areas introduced by the CBE, so as not to deny the country adequate teaching resource,” Mitei stated.
The commission’s objection places teacher training capacity at the centre of the debate surrounding the proposed reforms.
As the education system transitions to new learning pathways and teaching requirements, teacher training institutions are expected to play an important role in preparing educators for emerging classroom needs.
The proposed changes to the three colleges could therefore have implications for how the government organises teacher preparation and professional development if the provisions proceed in their current form.
The committee will need to consider the competing views of the government and education sector institutions as it examines the proposed legislation.
Parliament Continues Engagement on Seven Education Bills
The State Department for Basic Education and the TSC were among several institutions that presented submissions during the committee’s ongoing engagement on seven education reform Bills.
Other stakeholders who appeared before the committee included the Kenya Medical Training College, the National Treasury, the Ministry of Interior, the Kenya Institute of Special Education, the Higher Education Loans Board (HELB) and the Technical and Vocational Education and Training Authority (TVETA).
The engagement is intended to allow stakeholders to present their views on the proposed changes before Parliament proceeds with further consideration of the Bills.
The Basic Education Bill, 2026, is among the proposals expected to shape the legal framework governing basic education in Kenya, including school administration, learner welfare and institutional oversight.
The debate over student discipline demonstrates the importance of ensuring that new laws address both the rights of learners and the responsibilities of teachers and school administrators.
The committee is scheduled to continue its engagement with stakeholders on Thursday, November 6, 2026.
As the deliberations continue, teachers, school heads, parents and learners will be watching closely to see how lawmakers address concerns over school safety, disciplinary authority and the protection of children’s rights.
The eventual outcome could help determine how student misconduct is handled in schools and whether the Ministry of Education establishes clearer, more consistent procedures for maintaining discipline under the proposed legal framework.
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