- The Basic Education Bill, 2026 proposes repealing the Basic Education Act, 2013, and formalising the comprehensive school model uniting primary and junior schools under one governance structure.
- The Bill proposes tougher penalties, including fines up to Sh1 million and imprisonment up to three years, for unauthorised school charges, alongside stronger parental responsibility for school attendance.
- The proposed law seeks to strengthen special needs education, school inspection systems, KEMIS data reporting, and recognition of alternative education forms such as Madrassa and Duksi, with public participation ongoing before enactment.
Kenya’s basic education sector could undergo a major legal overhaul if the proposed Basic Education Bill, 2026, is enacted into law.
Published on July 24, 2026, the Bill seeks to repeal and replace the Basic Education Act, 2013, and establish a legal framework aligned with the Competency-Based Education system. The proposed law is among the education reform Bills currently before Parliament and seeks to introduce significant changes to school administration, admission, financing, learner protection, special needs education, inspection and management of education data.
One of the major proposals is the formalisation of the comprehensive school model, under which primary and junior school sections operating within the same institution would be treated as one school. The proposed arrangement would provide for a common governance structure, including one Board of Management, with the aim of reducing administrative overlaps between primary and junior school sections.
The proposed law would maintain the prohibition on tuition fees in public schools while placing tighter controls on other charges imposed on learners. Those found responsible for imposing unauthorised tuition or other prohibited charges could face a fine of up to Sh1 million, imprisonment for up to three years, or both.
Admission and Attendance Rules Set to Change
The Bill proposes that public schools should not administer entrance examinations as a condition for admission. It also seeks to strengthen protection against discrimination in admission and provide mechanisms through which parents can challenge decisions denying children access to education. The proposed framework further seeks to ensure that children are not excluded from school because of circumstances such as lack of documentation.
The proposed legislation also places greater responsibility on parents and guardians to ensure children attend school, providing for penalties where a parent or guardian keeps a child away from basic education for reasons including child labour, cultural practices or family disputes. The proposal is intended to strengthen enforcement of the constitutional requirement for compulsory basic education.
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The Bill proposes stronger statutory support for learners with special educational needs, including improved collection and management of data on learners with special needs and strengthened institutional arrangements for special needs education, including the Kenya Institute of Special Education.
The proposed law also provides for a strengthened inspection system, including the establishment of a Director of Schools Inspections and school inspectors, who would be responsible for monitoring areas including curriculum implementation, examinations, governance and financial management.
Data Systems and Institutional Roles to Be Clarified
The Bill proposes a coordinated national system for bursaries and scholarships to provide information on beneficiaries, funding agencies and amounts awarded, intended to improve coordination and reduce duplication in education support programmes.
Schools would also have statutory obligations to submit accurate learner information to the Kenya Education Management Information System (KEMIS). The proposed provisions seek to strengthen the reliability of education data used for planning, placement, funding and other government programmes, with penalties proposed for submission of false information.
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The Bill seeks to provide clearer separation of responsibilities between the two levels of government, with the national government retaining responsibility for primary, junior and senior school education, policy and curriculum matters, while county governments would continue to oversee early childhood development education. County Education Boards would also have defined responsibilities under the proposed framework.
The proposed legislation also provides for the recognition and integration of forms of education such as Madrassa, Duksi and pastoral education within the broader basic education framework.
The Bill is still a proposal and is not law. Parliament is conducting public participation on the education reform Bills, with stakeholders and members of the public invited to submit their views before the legislative process proceeds. The proposals could change following public participation, committee consideration, parliamentary debate and amendments.
By Jeff Kirui
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