The Basic Education Bill 2026, currently before Kenya's National Assembly, introduces stringent penalties for public school headteachers and administrators who impose unauthorized fees. Under the proposed legislation, violators face fines of up to Sh1 million, imprisonment for up to three years, or both.

This move follows growing concerns from parents and education stakeholders about extra charges labeled as remedial, development, or motivation fees being levied by schools beyond the national cap.

Key Provisions of the Bill

  • Public schools are prohibited from charging fees without the Cabinet Secretary's approval.
  • Children cannot be barred from attending school due to failure to pay unauthorized levies.
  • Non-Kenyan students may still be required to pay fees.
  • Parents or guardians who fail to enroll children face fines up to Sh100,000 or one year imprisonment.
  • Those preventing children from attending school for reasons such as employment, religion, or cultural practices risk fines up to Sh5 million and up to five years in jail.
  • Corporal punishment and any form of cruel treatment in schools are banned, with penalties including fines up to Sh200,000 or 12 months imprisonment for first offenses.

Governance and Oversight Enhancements

The Bill establishes County Education Boards in all 47 counties to oversee education delivery. These boards will include representatives from teachers’ unions, parents’ groups, religious organizations, and persons with disabilities. Each public school will have a Board of Management appointed by the County Education Board.

It also mandates community involvement in school governance and restricts admission tests in public schools to prevent exclusion of learners. Parents denied admission for their children can appeal to the County Education Board.

Additional Reforms

  • The Kenya Institute of Special Education will become a corporate body responsible for teacher training, research, and assistive device production.
  • County education assessment and resource centers will support learners with special needs.
  • The Cabinet Secretary will establish boarding primary schools in arid and hard-to-reach areas.
  • A centralized Kenya Education Management Information System will track learners, schools, and bursary beneficiaries.
  • The National Council for Education in Marginalized Communities will coordinate education in underserved areas, including mobile and low-cost schools.
  • Private schools must register under the new law or face closure and fines up to Sh20 million or three years imprisonment.

Existing licenses and registrations will remain valid until replaced under the new framework, which repeals the current Basic Education Act and transfers related assets and staff to newly created institutions.

The Bill marks a shift from policy guidance to enforceable sanctions aimed at protecting learners' rights and ensuring equitable access to free basic education.