Kenya Comprehensive School Headteachers Association national chair Fuad Ali at Sheikh Zayed Hall in Mombasa.Headteachers and school administrators who charge illegal fees in public schools will face fines of up to Sh1 million or three years in prison.
The tough law is part of new reforms MPs are considering in line with recommendations from President William Ruto’s appointed team to review the education sector.
The Basic Education Bill 2026, which is before the National Assembly, introduces punitive penalties for education officials found to have contravened free tuition provisions.
“Any person who contravenes this commits an offence and shall, on conviction, be liable to a fine not exceeding Sh1 million or to imprisonment for a period not exceeding three years or to both,” the Bill reads.
The proposed hefty fines come at a time when parents and education stakeholders have raised concerns about extra charges imposed by various schools.
Kenyan schools have been charging parents a growing array of “extra” fees, ostensibly to support school needs but often seen as a way of boosting their income.
The charges include remedial fees, motivation fees and development fees for infrastructure projects, repairs and other improvements.
Under Clause 12 of the new Bill, public schools cannot impose any charges without the Cabinet Secretary’s approval.
Any institution violating the provision will risk a Sh1 million fine, with administrators facing a three-year jail term if the proposed law is enacted.
However, non-Kenyan citizens may still be required to pay fees.
It further expressly states that “No child shall be barred from attending school because of failure to pay” unauthorised charges.
The loophole has seen thousands of children sent home over levies for uniforms, building funds and extracurricular activities such as trips.
Presently, there is no express provision in law to punish teachers for violating the rule on illegal fees.
The onus is on the Teachers Service Commission to punish principals who introduce unauthorised fee structures.
In some cases, the ministry has had to dissolve boards of management over charges of illegally inflating fees beyond the national cap.
While schools have been prohibited from sending students home for failing to pay non-sanctioned levies, there have never been clearly defined punishments for violations.
The Education ministry has over time insisted on written permission from the CS to authorise extra payments for projects, even when parents agree.
Parents who fail to enrol their children will also face consequences, according to the proposed law.
“Where a parent or guardian defaults in the discharge of their responsibility, the parent or guardian shall be deemed to have committed an offence.”
The proposed law imposes fines of up to Sh100,000 or one year in prison for those who neglect their duty to ensure school attendance.
It also tasks headteachers with initiating investigations into the circumstances of a child’s absence from school.
A person who prevents a child from attending school on account of employment, religion, parental conflict or cultural practices will face a fine of Sh5 million.
They could also be jailed for five years.
In what could reignite the recent debate on the best ways to train children, the Bill completely outlaws corporal punishment.
Torture, or cruel and degrading treatment in all forms, is also outlawed.
Teachers found administering physical punishment will face fines of up to Sh200,000 or 12 months’ imprisonment for first-time offenders.
The legislation requires schools to adopt alternative disciplinary measures.
The law gives the Cabinet Secretary discretion to prescribe rules and guidelines for disciplining errant schoolchildren.
It provides, among other options, for the admission of grossly indisciplined children to correctional schools.
The proposed Bill also provides for the state to develop a framework for the readmission of learners who drop out of school.
It cites cases including pregnancy, gender-based violence and retrogressive cultural practices, among other reasons.
The state-sponsored Bill establishes County Education Boards in each of the 47 counties, chaired by County Commissioners, to oversee education delivery.
The boards will comprise representatives of teachers’ unions, parents’ associations, religious organisations and persons with disabilities.
Each public school will have a Board of Management appointed by the County Education Board.
The legislation mandates community participation in school governance.
The Bill also restricts admission tests, prohibiting public schools from administering any assessment to determine a child’s eligibility for admission.
A number of schools have been using this to exclude children from oversubscribed schools.
“A parent of a child who has been denied admission to a public school may notify the county education board of the decision,” the proposed law reads.
The legislation also reorganises the management of schools to provide that every public primary, comprehensive and senior school be headed by a head of institution.
The head of institution will be the agent of the ministry responsible for basic education in the management of the school.
Also established in the Bill is the Kenya Institute of Special Education, which will now operate as a body corporate with expanded functions.
Its roles would include teacher training, research and the production of assistive devices for learners with disabilities.
Each county will have education assessment and resource centres to support learners with special needs.
The Cabinet Secretary would be required to establish appropriate boarding primary schools in arid, semi-arid and hard-to-reach areas.
The Bill further creates the Kenya Education Management Information System to maintain comprehensive registers of all learners, institutions and education data.
The centralised database will track scholarship and bursary beneficiaries, monitor performance and facilitate information sharing among stakeholders.
Additionally, the National Council for Education in Marginalised Communities is established to mobilise funds and coordinate education delivery in underserved areas.
It will be tasked with roles including the establishment of mobile schools and low-cost institutions.
Private schools seeking to operate must be registered under the new law.
Unregistered institutions face closure, with their operators liable to fines of up to Sh20 million or three years’ imprisonment.
Institutions offering foreign education systems must seek Cabinet Secretary approval.
New regulations are to be developed for registration, licensing, accreditation and quality assurance.
Clause 13 requires every parent or guardian to present their child for admission to a basic education institution.
It provides for no discrimination based on ethnicity, sex, religion, race, colour, social origin, age, disability, language or culture.
However, schools registered for a particular sex or for learners with specific disabilities may maintain such specialisation.
The proposed law repeals the current Basic Education Act and transfers assets, liabilities and staff from existing institutions.
Those at the Kenya Institute of Special Education and the National Council for Nomadic Education will be moved to the new bodies established under the legislation.
All existing licences, certificates and registrations remain valid until replaced under the new framework.
INSTANT ANALYSIS
The proposed Basic Education Bill marks a significant shift from policy warnings to punitive enforcement. The Sh1 million penalty for illegal fees could deter schools from exploiting parents through unofficial levies. But enforcement will be crucial.
Teachers found administering physical punishment will face fines of up to Sh200,000 or 12 months’ imprisonment for first-time offenders.
