- Parliament has proposed a law barring public schools from administering admission tests as a condition for admitting learners.
- The Basic Education (Amendment) Bill, 2026 has sought to modernise the Basic Education Act and align it with Competency-Based Education.
- The Departmental Committee on Education has invited public and stakeholder submissions before the Bill proceeds to the next parliamentary stage.
Public schools in Kenya could soon be barred from administering admission tests to determine whether learners qualify for admission, under proposed amendments to the country’s basic education law now before Parliament.
The proposal is contained in the Basic Education (Amendment) Bill, 2026, currently before the National Assembly’s Departmental Committee on Education. Under the proposed changes, public schools would no longer be allowed to subject learners to admission examinations as a condition for determining eligibility for admission.
The Bill seeks to strengthen access to education and remove barriers that may prevent children from joining public learning institutions, with the proposed ban on admission tests aimed at promoting equal access to public education and preventing schools from creating additional barriers for learners seeking admission. It forms part of wider proposals in the Bill seeking to protect the constitutional right to free and compulsory basic education.
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Beyond the admission tests provision, the proposed legislation seeks to modernise the Basic Education Act, Cap. 211, and align it with the Competency-Based Education framework, while clarifying the roles of national and county governments in the provision of basic education. It also contains measures to strengthen quality assurance, registration and oversight of education institutions, as well as provisions aimed at protecting children from being denied education because of factors such as child labour, cultural practices, religion or parental conflicts.
The proposed ban is likely to affect schools that use entrance examinations to select learners, particularly where demand for places is high. However, the proposal is not yet law. The Bill remains subject to parliamentary consideration, public participation and possible amendments before it can be enacted, and the Departmental Committee on Education has invited members of the public and education stakeholders to submit their views before the parliamentary process proceeds to the next stage.
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If enacted in its current form, the provision would mark a significant shift in how public schools admit learners, with greater emphasis placed on access, equity and the right to basic education rather than competitive admission examinations.
By Kimwele Mutuku
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