Kenya’s Basic Education Bill 2026 Explained: Teachers Face Tough New Penalties for Charging Illegal School Fees
Kenya’s education sector could be headed for one of its most significant legal changes if the Basic Education Bill, 2026 becomes law.
Published by the National Assembly on 24 July 2026, the proposed legislation seeks to repeal and replace the current Basic Education Act, 2013 (Cap. 211) and establish a new legal framework for the management and delivery of basic education.
The Bill comes at a time when Kenya’s education system is undergoing major changes under the Competency Based Curriculum (CBC).
It seeks to bring the country’s education laws in line with the new structure of schooling while strengthening accountability, protecting learners’ rights and clarifying the responsibilities of national and county governments.
One of the most significant changes for teachers, school administrators and Boards of Management is the introduction of tougher penalties for charging illegal levies.
Under the proposed law, a person responsible for charging prohibited tuition or other unauthorised charges could face a fine of up to KSh1 million, imprisonment for up to three years, or both.
This means teachers or school officials found personally responsible for imposing illegal charges could face serious financial and criminal consequences if the Bill becomes law.
What is the Basic Education Bill, 2026?
The Basic Education Bill, 2026 is proposed legislation intended to overhaul the legal framework governing basic education in Kenya.
The Bill gives effect to Article 53(1)(b) of the Constitution, which provides every child with the right to free and compulsory basic education.
While the Constitution already establishes this right, the proposed law provides more detailed rules on how the right should be implemented and protected.
It addresses issues including:
- Free basic education
- School admissions
- Illegal levies and tuition charges
- Curriculum implementation
- School governance
- Special needs education
- School inspection
- Scholarships and bursaries
- Education for marginalised communities
- Responsibilities of national and county governments
- School financing
- Learner registration and education data
If enacted, the legislation would effectively become the new legal foundation for Kenya’s basic education system.
Teachers could face KSh1 million fine over illegal levies
Perhaps the most important provision for teachers and school administrators is the Bill’s tougher position on illegal tuition and other unauthorised charges.
The proposed law maintains that learners in public schools should not be charged tuition fees.
However, it goes further by attaching a substantial penalty to violations.
A person responsible for charging illegal tuition could face a fine of up to KSh1 million, imprisonment for up to three years, or both.
This is a major warning to school officials who may attempt to introduce tuition charges outside the approved framework.
Importantly, the penalty should not be interpreted as meaning that every teacher who works in a school where an illegal levy exists will automatically be fined KSh1 million.
Rather, the provision targets the school or person responsible for imposing or charging the illegal fee. Therefore, where a teacher is found to have personally participated in imposing or collecting an illegal levy and is held responsible under the law, the teacher could face the prescribed penalty.
This could make the proposed law particularly significant for headteachers, principals, school administrators, Boards of Management and other officials involved in school financial decisions.
Other charges will also be regulated
The Bill also seeks to regulate charges other than tuition.
Schools would not be free to introduce additional charges whenever they wish. Such charges would require approval from the Cabinet Secretary and would have to be properly receipted.
A learner would also not be allowed to miss lessons simply because their parent or guardian has failed to pay an unauthorised charge.
Violations relating to these prohibited charges could attract the same serious penalty of up to KSh1 million, three years’ imprisonment, or both.
The provision is designed to strengthen the principle that lack of money should not prevent a child from accessing basic education.
Schools cannot send learners away over unpaid fees
The proposed legislation places strong emphasis on protecting children from being excluded from education because of financial difficulties.
A school would not be permitted to bar a child from attending classes because of failure to pay an unauthorised charge.
This is particularly important for families struggling to meet the cost of uniforms, activities and other school-related expenses.
The Bill seeks to ensure that disputes over payments do not interfere with a learner’s right to attend school.
For teachers and school administrators, this could mean greater responsibility in ensuring that fee-related decisions comply with the law.
No entrance examinations for admission
Another significant proposal is a restriction on the use of entrance examinations to determine admission into schools.
The Bill prohibits schools from administering entrance tests for purposes of determining whether a child should be admitted.
This provision is intended to promote equal access to basic education and prevent schools from developing admission systems that exclude learners.
The Bill also prohibits discrimination in admission on grounds including:
- Ethnicity
- Sex
- Religion
- Disability
- Language
Other forms of discriminatory treatment are also prohibited.
Children cannot be denied admission for lack of a birth certificate
The proposed law also seeks to address documentation barriers.
A child cannot simply be denied admission to basic education because they do not have a birth certificate.
This provision could be particularly important for children from vulnerable communities whose documentation may be delayed or unavailable.
The overall objective is to ensure that administrative requirements do not undermine a child’s constitutional right to education.
Parents can challenge unlawful denial of admission
Where a school improperly refuses to admit a child, the parent or guardian would have a formal avenue for seeking redress.
The matter can be taken to the County Education Board, which would be required to make a decision within 14 days.
A person dissatisfied with the decision would have a further right of appeal to the Education Appeals Tribunal.
This creates a clearer mechanism for resolving disputes between families and schools.
Parents will also have legal responsibilities
The Bill does not place responsibilities only on schools.
Parents and guardians would also have legal obligations to ensure that children attend school.
A parent who deliberately keeps a child away from school because of work, income-generating activities, family disputes or cultural practices could face serious consequences.
The proposed penalty in such circumstances is a fine of up to KSh5 million or imprisonment for up to five years, or both.
Parents who fail to enrol their children or fail to ensure continued attendance could also face penalties under the proposed law.
CBC structure formally recognised
The Bill is also designed to provide a legal foundation for Kenya’s current CBC education structure.
Basic education would cover:
- Pre-primary education
- Primary education
- Junior school — Grades 7 to 9
- Senior school — Grades 10 to 12
This represents a significant departure from the legal language associated with the former 8-4-4 education structure.
The Bill also recognises several newer forms of education institutions and programmes that have emerged as Kenya’s education system has evolved.
These include comprehensive schools, where primary and junior school learners can be accommodated within the same institution.
It also recognises mobile schools, particularly important for nomadic and hard-to-reach communities.
The proposed framework further provides for multipurpose development institutions and academic centres serving gifted and talented learners.
Faith-based education gets recognition
The Bill also provides for the integration of faith-based instruction into the formal education system.
Programmes such as madrassa, duksi and Christian pastoral programmes are recognised.
The Cabinet Secretary would be required to facilitate their integration into the formal education framework.
The approach seeks to recognise the role played by religious education while ensuring that it operates within the wider national education system.
National and county governments get clearer roles
The proposed law also seeks to clarify the responsibilities of the two levels of government.
The national government, through the Cabinet Secretary, would remain responsible for areas including education policy, standards, curriculum, registration and the administration of primary, junior and senior schools.
County governments would be responsible for pre-primary education.
The Bill also establishes a County Education Board in every county.
These boards would have representatives from various stakeholders, including the Teachers Service Commission, faith organisations, private schools and trade unions.
The boards would help coordinate education activities at county level, monitor curriculum implementation and oversee programmes such as school feeding.
School Boards of Management remain important
At institution level, schools would continue to operate under Boards of Management.
Parents would participate through Parents Teachers Associations, while the Head of Institution would remain responsible for the day-to-day management of the school.
The proposed structure therefore maintains school-level governance while providing clearer legal responsibilities for different players.
Special needs education receives greater attention
The Bill dedicates an entire section to special needs education.
This is linked to Article 54 of the Constitution, which provides rights and protections for persons with disabilities.
Both levels of government would be required to maintain updated information on learners with special needs, including their disabilities and geographical distribution.
The legislation would also give a stronger statutory foundation to the Kenya Institute of Special Education.
The Institute would have a governing board and chief executive officer and would play a role in assessment, training and resourcing through Education Assessment and Resource Centres.
The Bill also recognises integrated schools, where learners with special needs can learn alongside other learners.
Stronger school inspection system proposed
The proposed law introduces a dedicated legal framework for school inspection and quality assurance.
It provides for a Director of Schools Inspections, who would be recruited through the Public Service Commission.
The Director would be supported by school inspectors responsible for monitoring areas such as:
- Curriculum implementation
- Learner assessment
- School governance
- Financial management
- Compliance with education standards
This could increase scrutiny of how schools operate and how public resources are managed.
For teachers and administrators, it could also mean greater accountability for compliance with education regulations.
Scholarships and bursaries to be coordinated
The Bill also proposes a more coordinated approach to scholarships and bursaries.
The Cabinet Secretary would establish a national system containing information on scholarship and bursary providers, beneficiaries and the amount of money allocated.
The aim is to reduce duplication and ensure that assistance reaches learners who genuinely need it.
There would also be processes for determining who qualifies as a needy learner and requirements for reporting on how funds are used.
KEMIS gets greater importance
The proposed law also places emphasis on education data through the Kenya Education Management Information System (KEMIS).
Schools would be required to maintain and submit information relating to learners and institutions.
The system is intended to provide government with reliable data for planning, resource allocation and accountability.
Providing false information to the education register would constitute an offence.
New council for marginalised communities
The Bill proposes replacing the existing National Council for Nomadic Education in Kenya with the National Council for Education in Marginalized Communities.
The new institution would have a broader mandate covering education challenges affecting marginalised communities.
It would have its own board, chief executive and staff.
The change reflects an attempt to expand attention beyond nomadic communities to other populations facing barriers to education.
How the new education system will be funded
The proposed institutions under the new law would receive funding from several sources.
These include:
- Parliamentary appropriations
- Grants
- Donations
- Donor and bilateral funding
- Fees for services rendered
The financial year would run from July to June.
Annual estimates would have to be approved by the National Assembly before the beginning of the financial year, while financial accounts would be subject to auditing under the Public Audit Act.
What happens to the current Basic Education Act?
The Basic Education Bill proposes to repeal the current Basic Education Act, Cap. 211.
However, the transition would not mean that schools suddenly lose their legal status or that existing education structures disappear overnight.
The Bill contains transition provisions covering existing schools, assets, staff, pending cases and Boards of Management.
These provisions are intended to ensure continuity when the new law takes effect.
The proposed legislation also provides for the winding up of the School Equipment Production Unit as a government company under the Companies Act.
General offences will also attract penalties
The Bill contains penalties for a range of offences.
Where an offence is created but no specific penalty is provided, a first conviction could attract a fine of up to KSh200,000, with higher penalties for repeat offences.
This demonstrates that the proposed legislation is not simply a policy document.
It establishes enforceable legal obligations for schools, officials, parents and other education stakeholders.
What the Bill could mean for teachers
For teachers, the most important message is that the proposed law would place greater emphasis on accountability and compliance.
Teachers who are merely employees at a school would not automatically become personally liable for every financial decision made by the institution.
However, teachers or school officials who are found responsible for imposing or collecting illegal tuition or other prohibited charges could face the severe penalties contained in the Bill.
The possibility of a KSh1 million fine and up to three years in prison makes compliance particularly important.
School administrators and Boards of Management would therefore need to ensure that any charges imposed on parents have the required approvals and are properly accounted for.
The bigger picture
The Basic Education Bill, 2026 is essentially an attempt to rewrite Kenya’s education law for the CBC era.
It formally recognises the new grade structure, strengthens the legal protection of free basic education and introduces tougher sanctions against those who violate learners’ rights.
For teachers and school administrators, the proposed KSh1 million penalty for illegal levies stands out as one of the most consequential provisions.
At the same time, the Bill seeks to address wider challenges in the education sector, including special needs education, school inspection, bursary coordination, education data, marginalised communities and the division of responsibilities between national and county governments.
If passed by Parliament and assented to, the legislation would replace the existing Basic Education Act and create a new legal framework governing Kenya’s basic education system.
The key takeaway for teachers and school administrators is clear: free basic education would come with stronger enforcement, and those found personally responsible for charging illegal tuition or other prohibited levies could face a fine of up to KSh1 million, a prison term of up to three years, or both.
