- The Basic Education Bill, 2026 has renewed debate over how schools could determine additional charges.
- Parents’ representatives would participate in discussions and recommendations, but this would not mean unrestricted levies.
- The debate centres on protecting learners while ensuring schools have adequate resources for their operations.
Parents and schools are closely watching proposals contained in the Basic Education Bill, 2026, particularly provisions touching on the role of parents’ representatives in school governance and the financing of education.
One of the issues likely to attract significant public attention is the proposed role of Parents-Teachers Associations (PTAs) in discussing and recommending charges payable by learners or their parents. The provision has raised questions about whether it could open the door to additional financial demands on families already facing rising household expenses.
However, the proposal should not be interpreted to mean that schools would automatically acquire unlimited powers to introduce or impose fees. A provision allowing parents’ representatives to participate in discussions or make recommendations is different from a provision granting schools unrestricted authority to levy charges.
The distinction is important because public education institutions operate within a broader legal and regulatory framework governing fees, levies, administration and access to education. Any recommendation arising from a school community would therefore have to be considered within that framework and would not, by itself, turn an unauthorised charge into a lawful one.
Concerns over additional charges
The debate comes against the backdrop of longstanding concerns over additional payments demanded from parents. Some schools have, at different times, faced criticism over charges associated with development projects, meals, remedial programmes, examinations, activities and other institutional needs. Such demands have often generated tension between school administrators and parents, particularly where families believe that payments are compulsory despite lacking the necessary approval.
The proposed legislation therefore presents an opportunity to clarify rather than weaken safeguards surrounding school charges. If PTAs are to participate formally in discussing or recommending financial contributions, the law should clearly define the limits of that role, the authority required before any charge becomes payable, and the circumstances under which parents may challenge an unauthorised demand.
Equally important is the protection of learners. A child’s access to education should not be unnecessarily disrupted because a parent has failed to meet a charge that has not been lawfully approved. School administrators should also be protected from uncertainty by having clear procedures explaining which charges are permissible, who may approve them and how parents should be consulted.
The issue is particularly significant as schools continue to face financial pressures arising from infrastructure needs, learning resources, feeding programmes, co-curricular activities and other operational requirements. Schools need adequate resources to provide quality education, but the financial burden cannot simply be transferred to parents without clear legal authority and appropriate safeguards.
Parliament urged to safeguard parents
The proposed Bill should therefore be examined carefully by Parliament, education stakeholders and the public before any provision affecting school charges is enacted. Public participation will be important in determining whether the proposed framework strikes a reasonable balance between the legitimate financial needs of institutions and the ability of families to meet education-related costs.
Rather than creating a pathway for arbitrary levies, the final law should establish transparency, accountability and clear approval mechanisms. Parents should know what they are required to pay, why they are paying it, who authorised the charge and what recourse is available where a demand is disputed.
The central question should not simply be whether PTAs can discuss or recommend charges. It should be whether the final legal framework will prevent recommendations from being converted into compulsory payments without proper approval.
As Parliament considers the Basic Education Bill, 2026, the interests of learners should remain at the centre of the debate. Schools require sustainable financing, but that objective must be pursued without creating an uncontrolled system of additional charges that could deepen the financial pressure on Kenyan families.
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The final legislation should consequently provide a clear separation between consultation, recommendation, approval and enforcement of school charges. Such clarity would protect parents, learners and school administrators alike while strengthening accountability in the management of public education.
By Hillary Muhalya
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