The National Assembly Education Committee has called on the Ministry of Education to establish clear guidelines on student discipline, warning that gaps in the current legal framework could undermine school management and expose teachers and learners to danger.
The committee, chaired by Tinderet MP Julius Melly, raised concerns over provisions in the Basic Education Bill, 2026, arguing that the proposed law does not adequately address disciplinary measures for learners involved in serious misconduct.
The lawmakers expressed concern that teachers and school administrators could be left powerless when dealing with students who engage in violence, destroy school property or attack fellow learners and teachers.
Speaking during a stakeholders' engagement on seven education reform Bills on Tuesday, November 3, Mr Melly said Clause 19 of the proposed legislation focuses heavily on protecting learners but does not clearly outline appropriate disciplinary measures for those who violate school rules. He cited recent cases of unrest in schools, including violence and attacks on fellow students, saying the situation required urgent intervention to restore discipline and safety.(Education News Kenya — https://educationnews.co.ke/news/mps-demand-clear-guidelines-on-student-discipline-amid-rising-cases-of-school-unrest)
Regulations on discipline
The committee urged Education Principal Secretary John Ololtuaa to ensure that the Ministry develops regulations spelling out disciplinary procedures, including the circumstances under which learners could be suspended.
Mr Ololtuaa responded that the Cabinet Secretary has the authority to formulate regulations on discipline while ensuring that learners' rights are protected. He pointed to provisions prohibiting corporal punishment, torture and cruel, inhuman or degrading treatment, whether physical or psychological, saying the regulations would provide a framework for handling disciplinary cases.
Council of Legal Education Chairman Prof Collins Odote supported the call, acknowledging that the existing disciplinary framework was inadequate and required reform.
"On the issue of discipline, there must be concession that what we have now is difficult. The current discipline mechanism is not working and there is need to do more," he said.
SEPU transfer questioned
The committee also questioned the proposed transfer of the School Equipment Production Unit (SEPU) into a Government-Owned Enterprise, seeking assurances that schools would continue to access affordable learning materials. Mr Ololtuaa told the lawmakers that the transfer followed an Executive Order issued after a Cabinet meeting and that the Ministry was required to implement the decision.
TSC backs registration, opposes college conversion
The Teachers Service Commission (TSC), led by acting Chief Executive Officer Dr Evaleen Mitei, supported provisions in Clause 27 of the Basic Education Bill requiring the registration of basic education institutions. The commission said the requirement would help ensure that only institutions meeting the necessary standards, including employing registered teachers, receive registration certificates.
The TSC, however, opposed Clauses 50 to 52 of the Pre-Service Education and In-Service Training Bill, 2026, particularly those touching on transitional arrangements and the future of teacher training colleges. Dr Mitei objected to proposals to convert Kibabii, Kagumo and Lugari Teachers Training Colleges into branches of the Kenya School of Education, arguing that the institutions should retain their independence and continue training teachers in emerging learning areas under the Competency-Based Education system. She warned that the changes could undermine the country's capacity to produce adequate teachers for the evolving education system.
Other institutions that presented submissions included the Kenya Medical Training College, the National Treasury, the Ministry of Interior, the Kenya Institute of Special Education, the Higher Education Loans Board and the Technical and Vocational Education and Training Authority.
The committee is expected to resume the stakeholders' engagement on Thursday as Parliament continues examining the proposed reforms to the education sector.
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