Public schools charging tuition fees to Kenyan parents face fines of up to Sh1 million, three-year prison sentences, or both under proposed legislation before Parliament.
Sponsored by National Assembly Majority Leader Kimani Ichung’wah, the Basic Education Bill 2026 aims to enforce free and compulsory basic education by outlawing unauthorized fees in public institutions. While non-citizens remain exempt from the tuition ban, public schools seeking to levy any additional fees must first obtain official approval from the Education Cabinet Secretary.
“A public school shall not charge or cause any parent or guardian to pay tuition fees for or on behalf of any learner in the school. Notwithstanding this provision, tuition fees may be payable by persons who are not Kenyan citizens. A person who contravenes this provision commits an offense and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a period not exceeding three years, or to both. A public school shall not impose other charges without the approval of the Cabinet Secretary,” reads the bill.
Representing one of the most comprehensive overhauls of Kenya’s education system in recent years, the legislation completely replaces the existing Basic Education Act. Beyond safeguarding free access, the draft law restructures school governance, establishes a central education database, reforms bursary allocation models, expands special needs education, and creates new national regulatory bodies.
The proposed law legally mandates that both national and county governments deliver on every child’s right to free basic education.
“Subject to subsection (1), a person or institution that collects any charges shall issue an official receipt. No child shall be barred from attending school because of failure to pay the charges contemplated under this section,” reads the bill.
Under the framework, enrollment becomes a strict legal duty for parents and guardians, who must present their children for admission at the start of each academic year. The bill outlaws discrimination based on ethnicity, sex, religion, race, social status, age, language, or disability, while protecting students’ rights to observe their faith without hindrance.
“A child admitted to a basic education institution shall not be prevented from carrying out the child’s religious practices or subjected to a practice that contravenes their faith,” reads the bill, excepting institutions specifically registered for a single gender or specific disability.
Parents who fail to register their school-age children face penalties up to Sh100,000, two-year prison terms, or both. Additionally, the legislation forbids schools from demanding age-proof documentation as a condition of entry and bans public institutions from using entrance testing.
In cases where a school refuses admission, parents can appeal to the local County Education Board, which must issue a decision within 14 days, with further escalation available through the Education Appeals Tribunal.
To protect children from systemic exploitation, the bill criminalizes keeping minors out of school due to child labor, religious practices, domestic disputes, or cultural norms. Convictions for these offenses carry heavy penalties, including fines up to Sh5 million and up to five years in prison.
Parents also bear a strict legal duty to ensure consistent school attendance. Unexcused absences will trigger formal school investigations, written warnings to parents, and escalations to County Education Boards for persistent truancy. Ignoring these attendance notices without valid cause carries penalties up to Sh200,000 or two years in prison.
The bill takes a zero-tolerance stance on violence, outlawing corporal punishment alongside any form of physical or psychological abuse.
“A learner shall not be subjected to corporal punishment, torture or cruel, inhuman or degrading treatment or punishment of any manner, whether physical or psychological,” reads the Bill, backing the ban with fines up to Sh100,000 and six-month jail terms.
If enacted, the law gives the Education Cabinet Secretary broad regulatory power over school discipline, admissions, governance, teacher training, and foreign curriculum approvals. Running an unregistered learning institution will attract severe consequences, including fines up to Sh20 million and three-year prison terms.
Furthermore, the bill creates County Education Boards to manage local administrative oversight, converts the Kenya Institute of Special Education into a state corporation, and establishes nationwide standards for school inspections and scholarship distribution.
