The Kenyan government is set to introduce stringent regulations for private school owners, with penalties of up to KSh 20 million or a three-year prison sentence for operating without registration. The Basic Education Bill 2026, currently before the National Assembly, aims to establish a comprehensive registration and regulatory framework for all basic education institutions in Kenya. The bill, sponsored by the Leader of the Majority Party, seeks to ensure that all private schools meet specific standards.
According to Section 25(1) of the bill, every institution, whether public or private, must be registered before offering basic education. Failure to comply will result in penalties, including a fine not exceeding KSh 20 million or a term of imprisonment not exceeding three years, or both. Additionally, any institution found operating without a valid registration certificate will be closed immediately. The bill also requires prospective private school operators to meet a rigorous five-point compliance test.
The five-point compliance test includes adequate staffing with registered teachers, appropriate teaching and learning facilities, suitable premises for learners, compliance with occupational health and safety standards, and necessary infrastructure for the programmes on offer. Furthermore, Section 27 demands disclosure of governance and management structures, membership of the institution, and the academic qualifications and experience of promoters and managers. Founders must also demonstrate financial ability to sustain the school.
The County Education Board will hold the authority to inspect and assess the resources of any applicant before making a recommendation to the Cabinet Secretary. Newly registered institutions will operate on a provisional basis for one year, renewable for one further year, until the Ministry completes a quality assurance assessment. The bill also stipulates that every private comprehensive and senior school must be headed by an individual duly registered under the Teachers Service Commission Act.
The Basic Education Bill 2026 is one of six education reform bills currently undergoing public participation before the National Assembly Departmental Committee on Education. The committee completed the first phase of hearings across 31 counties and extended engagements to cover 16 additional counties. The extension followed objections from stakeholders, including the Kenya Union of Post-Primary Education Teachers.
In related news, the government has proposed replacing the Higher Education Loans Board (HELB), the Universities Fund, and the TVET Funding Board with a single Tertiary Education Funding Authority (TEFA). The proposed body would operate a savings scheme allowing parents and individuals to set aside money for a child's future university, college, or TVET education. Students could receive up to 100% funding, with loan repayments beginning after completing studies or securing employment.
The proposal follows President William Ruto's July 2026 pledge that students admitted to public universities and colleges would receive full government funding regardless of their backgrounds. The government aims to increase access to education and ensure that all students have the opportunity to pursue their studies. The Basic Education Bill 2026 and the proposed Tertiary Education Funding Authority are part of the government's efforts to reform the education sector.
Key points
- Private school owners in Kenya could face fines of up to KSh 20 million or a three-year prison sentence for operating without registration.
- The Basic Education Bill 2026 aims to establish a comprehensive registration and regulatory framework for all basic education institutions in Kenya.
- The government has proposed replacing the Higher Education Loans Board (HELB) with a single Tertiary Education Funding Authority (TEFA).
