The Basic Education Bill 2026, currently before Kenya's Parliament, proposes strict measures to enforce free and compulsory basic education in public schools. If enacted, public schools charging tuition fees to Kenyan learners could face fines of up to Sh1 million, imprisonment for up to three years, or both.

Sponsored by National Assembly Majority Leader Kimani Ichung’wah, the Bill prohibits public schools from demanding tuition fees from Kenyan citizens. Any additional charges would require explicit approval from the Education Cabinet Secretary. However, non-Kenyan learners may still be charged tuition fees.

Key Provisions of the Bill

  • Public schools cannot charge tuition fees to Kenyan learners without Cabinet Secretary approval.
  • Parents or guardians must enrol children at the start of the academic year; failure to do so may result in fines up to Sh100,000 or two years imprisonment.
  • Admission tests and discrimination based on ethnicity, religion, sex, disability, or other factors are banned.
  • Children cannot be denied admission for lacking proof of age, and disputes over admission can be appealed to the County Education Board and Education Appeals Tribunal.
  • Corporal punishment and any form of cruel or degrading treatment in schools are outlawed, with penalties including fines and imprisonment.
  • Parents are legally required to ensure regular school attendance, with penalties for persistent absenteeism.
  • The Bill establishes County Education Boards, a national education data system, and the Kenya Institute of Special Education to enhance governance and support.

The legislation also empowers the Education Cabinet Secretary to regulate school discipline, governance, admissions, religious instruction, and teacher training. Operating an unregistered school would attract penalties of up to Sh20 million or three years in jail.

This Bill represents one of the most comprehensive reforms in Kenya’s education sector in recent years, aimed at safeguarding children's rights to free education and improving the quality and administration of basic education nationwide.