Basic Education Bill 2026: Comprehensive schools, Sh1 million penalties & KEMIS data rules

Kenya’s basic education system could undergo one of its biggest legal changes in more than a decade if the Basic Education Bill, 2026 becomes law.

The proposed legislation seeks to repeal and replace the Basic Education Act 2013 while creating a framework designed around the country’s Competency-Based Education system.

The Basic Education Bill 2026 was published in July 2026 and is before Parliament as part of a wider package of education reforms. Public participation on the proposed legislation means its provisions can still change following submissions from teachers, parents, learners, education stakeholders and members of the public.

Among the most significant proposals is the formal recognition of the comprehensive school model, which would place primary and junior school learners under one institution where the two levels operate within the same compound.

Read Also:  Pharmacy Board Looks to Shape Future of Pharmaceutical Practice

The Bill also proposes tougher penalties for school administrators who impose unauthorised fees, establishes a stronger framework for special-needs education and places new emphasis on accurate learner information through the Kenya Education Management Information System (KEMIS).

Comprehensive School Model Brings Primary and Junior School Under One Structure

The comprehensive school proposal is one of the provisions likely to have the most visible effect on schools.

The Bill defines a comprehensive school as an institution offering basic education where primary and junior schools are housed within a unified compound. It proposes a common governance structure for the two levels rather than treating them as separate institutions operating from the same premises.

The proposal follows recommendations contained in the Presidential Working Party on Education Reform report, which recommended reforms to align Kenya’s education system with the transition from the 8-4-4 curriculum to Competency-Based Education.

Under the proposed framework, public comprehensive schools would have a Board of Management, providing one governance structure for the institution.

The model follows an increasingly common arrangement in which primary and junior school learners share classrooms, laboratories, playing fields and other facilities.

The argument behind the structure is largely administrative.

Many schools already have primary and junior school learners using the same compound. A unified institution could therefore reduce duplication in administration and create a single management structure for learners progressing through the two levels.

The change, however, has generated debate among education stakeholders.

The Kenya National Union of Teachers has supported retaining junior school within the comprehensive school structure, while the Kenya Union of Post Primary Education Teachers has raised concerns about the proposed arrangement and called for greater autonomy for junior schools.

The disagreement illustrates the wider debate surrounding the implementation of CBC and the appropriate governance structure for junior secondary education.

Read Also: Top Comoros Official Hospitalized in Nairobi Amid Rising Tensions in Moroni

One Governance Structure Could Change School Administration

The proposed comprehensive model is not simply a change of name.

It would affect how school leadership, Boards of Management, resources and accountability are organised.

A school hosting primary and junior learners would have to operate with clearly defined responsibilities for the different levels while remaining under the broader institution.

The Bill also seeks to clarify responsibilities between national and county governments.

The national government would retain responsibility for primary, junior and senior school education, while county governments would continue to have responsibility for pre-primary education.

The proposed structure is intended to bring the legal framework closer to the education system created by the transition from the 8-4-4 model to the Competency-Based Curriculum and subsequently the broader Competency-Based Education framework.

That transition has already created questions around teacher deployment, infrastructure, funding and administration.

Parliament has previously examined concerns over school verification and capitation. The National Assembly has been told that verification of schools and learners was necessary after concerns that capitation could reach institutions that were not properly verified.

Accurate institutional and learner records will therefore become increasingly important as the government moves towards a more integrated school structure.

That brings KEMIS into the centre of the proposed reforms.

KEMIS Data Reporting Becomes a Bigger Part of Education Management

The Bill proposes to give the Kenya Education Management Information System a stronger statutory role in the education sector.

KEMIS is intended to provide government with comprehensive information on learners, institutions and other education data that can support planning and administration.

The Ministry of Education has increasingly relied on education data to support decisions involving learner registration, school planning, teacher deployment and financing.

The proposed legislation would strengthen the obligation on education institutions to provide accurate information.

Schools would be expected to submit learner and institutional data through the prescribed system, while false or misleading information could attract sanctions under the proposed framework.

The importance of such a system goes beyond maintaining school registers.

Learner data can influence decisions on capitation, teacher deployment, infrastructure, placement, scholarships, bursaries and support for learners with special needs.

Incorrect information could therefore have consequences beyond an individual school.

A school reporting fewer or more learners than it actually has could affect funding calculations. Similarly, incomplete information on learners with disabilities could affect planning for specialised support, equipment and staffing.

The proposed KEMIS framework is consequently intended to create a more integrated national education database.

New Rules Target Illegal School Fees and Admission Tests

Another major feature of the Bill is the proposed enforcement regime against unauthorised school charges.

Public schools already operate under rules restricting tuition fees and other charges that have not been approved through the applicable education framework.

The proposed law would introduce a more explicit criminal penalty.

A person who contravenes provisions relating to prohibited charges could face a fine of up to Sh1 million, imprisonment for up to three years, or both, according to the Bill.

The proposed penalty would apply to school officials who impose unauthorised tuition or other prohibited charges.

Read Also: Kenyan marathoner remanded over Ksh8 million land fraud case

The Bill also seeks to prevent public schools from using admission tests as a condition for entry.

The proposal is linked to the constitutional principle of free and compulsory basic education contained in Article 53 of the Constitution of Kenya.

The provision could have a direct impact on parents who encounter requests for additional payments at the point of admission or during the school year.

What Counts as an Unauthorised Levy?

The proposed law places greater responsibility on school administrators to distinguish between legitimate school financing arrangements and charges that are not authorised.

The issue has been contentious because schools sometimes require additional resources for activities, feeding programmes, development projects or other needs.

Parliament has previously raised concerns about learners being denied access to education because of charges that are not authorised under the education framework.

The proposed Bill would give the enforcement regime stronger statutory backing.

School heads and Boards of Management would therefore need to ensure that any financial demand made to parents is consistent with the applicable law and approved framework.

The proposed Sh1 million fine is consequently one of the provisions likely to receive significant attention from school administrators during the legislative process.

Special Needs Education Gets Stronger Legal Recognition

The Bill also proposes changes affecting learners with disabilities and other special educational needs.

The proposed framework strengthens the role of the Kenya Institute of Special Education (KISE), including functions relating to teacher training, research and the development of assistive devices.

It also provides for Education Assessment and Resource Centres at county level to support assessment and intervention for learners with special needs.

The proposed reforms recognise that inclusion requires more than placing learners with disabilities in ordinary classrooms.

Schools need trained teachers, appropriate learning materials, assistive devices, accessible infrastructure and reliable information about learners requiring additional support.

Better data through KEMIS could therefore be connected to special-needs planning.

If government has reliable information on where learners with different needs are located, it can make more informed decisions on teacher deployment, equipment, infrastructure and specialised services.

Bursaries and Scholarships Could Move Towards One Coordinated System

Another proposed change concerns the fragmented nature of education scholarships and bursaries.

The Bill proposes a coordinated framework containing information on scholarship and bursary providers, beneficiaries and the amounts allocated.

The objective is to create greater visibility over education assistance and reduce duplication.

A learner receiving support from multiple programmes could, under a coordinated system, become easier to identify, while children who qualify for assistance but are not benefiting from existing programmes could potentially become more visible.

The proposed system would also connect with the broader KEMIS data framework.

Such coordination could become particularly important as education funding programmes expand across national government, county governments and other public or private providers.

The Bill Is Not Yet Law

Despite the scale of the proposals, the Basic Education Bill 2026 remains legislation under consideration, rather than an enacted law.

The National Assembly Departmental Committee on Education has been involved in the parliamentary process, including stakeholder engagement and public participation.

The process is significant because provisions can be amended before the Bill proceeds through the remaining parliamentary stages.

The debate over comprehensive schools is likely to remain one of the most closely watched issues.

Teachers want workable governance arrangements, parents want predictable and affordable schooling, while policymakers are seeking a system capable of supporting CBC and providing clearer accountability for public resources.

The final outcome will depend on Parliament’s consideration of public submissions and any amendments made before the Bill can become law.

What the New Education Framework Could Mean for Parents

For parents, the most immediate proposed changes concern school administration, fees, admission and learner information.

A comprehensive school structure could mean that primary and junior school learners within the same compound are managed as one institution.

The proposed fee provisions could expose administrators who impose unauthorised charges to significantly tougher penalties.

KEMIS could also make learner records increasingly important because information submitted by schools would feed into government planning and funding systems.

Parents may consequently see greater emphasis on accurate learner registration and school records.

The proposed reforms also indicate a broader shift in Kenya’s education policy: from administrative arrangements largely inherited from the previous education structure towards a statutory framework designed around CBC, comprehensive schools, digital learner records and more explicit accountability.

The final outcome, however, will depend on Parliament’s consideration of public submissions and any amendments made before the Bill can become law.

The Basic Education Bill 2026 therefore represents a proposed legal reset of Kenya’s basic education system—one that could reshape how primary and junior schools are governed, how illegal charges are punished, how special-needs learners are supported and how government uses learner data to plan and finance education.