- Section 32 of The Basic Education Act 2013: No payment of fee for admission
No person shall while admitting a child to a public school or a basic education institution collect any admission fee.
- Section 33 of The Basic Education Act 2013: Proof of age for admission
(1) For the purpose of admission to a basic education institution, the age of a child shall be determined on the basis of the birth certificate issued in accordance with the provisions of the Births, Deaths Registration Act or at the attainment of the school going age of four years on the basis of...
- Section 34 of The Basic Education Act 2013: No denial of admission
(1) A child shall be admitted in a school at the commencement of the academic year or within such extended period as may be prescribed.
(2) A school or person responsible for admission shall not discriminate against any child seeking admission on any ground, including ethnicity, gender, sex,...
- Section 35 of The Basic Education Act 2013: Incentives and prohibition of holding back and expulsion
(1) Pupils shall be given appropriate incentives to learn and complete basic education.
(2) No pupil admitted in a school, subject to subsection (3) shall be held back in any class or expelled from school.
(3) Subject to subsection (1) the Cabinet Secretary may make regulations to prescribe...
- Section 36 of The Basic Education Act 2013: Prohibition against physical punishment and mental harassment to the child
(1) No pupil shall be subjected to torture and cruel, inhuman or degrading treatment or punishment, in any manner, whether physical or psychological.
(2) A person who contravenes the provisions of sub-section (1) commits an offence and shall be liable on conviction to a fine not exceeding one...
- Section 37 of The Basic Education Act 2013: Holiday Tuition
(1) No pupil shall be subjected to holiday tuition.
(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one hundred thousand shillings or to
imprisonment for a period not exceeding one year or to both.
- Section 38 of The Basic Education Act 2013: Prohibition against employment of a child of compulsory school age
(1) No person shall employ a child of compulsory school age in any labour or occupation that prevents such child from attending school.
(2) Any person who employs or prevents a child who is subject to compulsory attendance from attending school is guilty of an offence and is liable to fine not...
- Section 39 of The Basic Education Act 2013: Responsibility of the Government
It shall be the duty of the Cabinet Secretary to –
(a) provide free and compulsory basic education to every child;
(b) ensure compulsory admission and attendance of children of compulsory school age at school or an institution offering basic education;
(c) ensure that children belonging to...
- Section 40 of The Basic Education Act 2013: Duty of a principal or head teacher
(1) Where a pupil fails to attend school, the Head Teacher shall cause investigation of the circumstances of the child’s absence from school;
(2) Where the Headteacher finds there are no reasonable grounds for the child’s failure to attend school, the headteacher shall-
(a) issue a written notice...
- Section 41 of The Basic Education Act 2013: Promotion of education
The Cabinet Secretary shall in consultation with the relevant Cabinet Secretary and other relevant stakeholders promote education and training in Kenya
under the following system and structure-
(a) pre-primary education
(b) primary education;
(c) secondary education;
(d) middle level...
- Section 42 of The Basic Education Act 2013: Structure of education
(1) The system shall be so structured as to enable learners to access education and training at any level in a sequence, and at a pace that may be commensurate with the individual learner’s physical, mental and intellectual abilities and the resources available.
(2) The Cabinet Secretary in...
- Section 43 of The Basic Education Act 2013: Categories of schools
(1) Basic educational institutions shall be categorised as-
(a) public schools which are schools established, owned or operated by the Government and includes sponsored schools;
(b) private schools as those established, owned or operated by private individuals, entrepreneurs and institutions.
(2)...
- Section 44 of The Basic Education Act 2013: Establishment and management of special institutions
(1) Subject to the Constitution and the provisions of this Act, the Cabinet Secretary shall establish and maintain public special schools.
(2) The Cabinet Secretary shall provide special needs education in special schools established under subsection (1) or in pre-primary, primary and secondary...
- Section 45 of The Basic Education Act 2013: Regulations in special needs education
(1) The Cabinet Secretary may make regulations for the establishment and management of special schools and institutions offering special needs education to pupils with special needs.
(2) Notwithstanding the generality of subsection (1) the Cabinet Secretary shall make regulations to –
(a)...
- Section 46 of The Basic Education Act 2013: Duty of County education Boards to provide child guidance service
(1) Subject to the Constitution and the provisions of this Act, it shall be the duty of every County Education Board in consultation with the relevant county
government to provide for education assessment and research centers including a special needs service in identified clinics in the...
- Section 47 of The Basic Education Act 2013: Report of child with special needs by County Education
(1) It shall be the duty of the County Education Board to consider in relation to each child with special needs belonging to schools in their area, what provision would benefit him or her after he or she completes basic education and to make a report to the Director-General or relevant...
- Section 48 of The Basic Education Act 2013: Future provision for children with special needs
(1) A County Education Board shall in consultation with the Cabinet Secretary make such arrangements as they deem fit to enable a pupil with
special needs attend an establishment whether or not a school in or outside Kenya if that establishment makes provision wholly or mainly gifted or talented...
- Section 49 of The Basic Education Act 2013: Establishment of private schools
Subject to the Constitution and the provisions of this Act, any person may establish and maintain a private school.
- Section 50 of The Basic Education Act 2013: Registration of private schools
(1) A person shall not establish or maintain a private school unless it is registered under this Act.
(2) No private school shall be registered if-
(a) the proprietor is disqualified from being a proprietor by reason of Article 10 or Chapter Six of the Constitution;
(b) a teacher employed in the...
- Section 51 of The Basic Education Act 2013: Right to attend a private school.
Any person requiring basic education may attend a private school.
- Section 52 of The Basic Education Act 2013: Duties and rights of a private school
(1) A private school shall-
(a) establish necessary educational and governance structures;
(b) recruit registered teachers;
(c) comply with and follow the approved curriculum;
(d) maintain premises that meet the requirements of the occupational health, safety regulations and building...
- Section 53 of The Basic Education Act 2013: Governance and management of education and training
(1) The Cabinet Secretary shall be responsible for the overall governance and management of basic education.
(2) Subject to the provisions of this Act, the Cabinet Secretary shall by regulation entrust the governance or management of any aspect of basic education and training to any agency, body,...
- Section 54 of The Basic Education Act 2013: Structures of governance and management in education
(1) For purposes of ensuring effective and efficient management of basic education in Kenya, the Cabinet Secretary shall by regulation establish such
structures of governance and management at national and county levels as may be appropriate.
(2) The structures of governance and management of...
- Section 55 of The Basic Education Act 2013: Board of management
(1) There shall be a Board of Management for every public -
(a) pre-primary institution;
(b) primary school;
(c) secondary school;
(d) adult and continuing education centre;
(e) multipurpose development training institute; or
(f) middle level institutions of basic education.
(2)...
- Section 56 of The Basic Education Act 2013: Composition of Board of Management
(1) The Board of Management established under section 55 shall consist of the following members appointed by the County Education Board:
(a) six persons elected to represent parents of the pupils in the school or local community in the case of county secondary schools;
(b) one person nominated by...
- Section 57 of The Basic Education Act 2013: Qualifications of members of boards of management
(1) The Cabinet Secretary shall, by regulations prescribe the qualifications for persons who may be appointed to or co-opted into the Board of Management of a primary school, secondary school, adult continuing education centre, multipurpose development training institution or any basic education...
- Section 58 of The Basic Education Act 2013: Functions of a Management Committee of pre- primary institution
(1) The functions of a Management Committee of a pre-primary institution shall be to –
(a) promote the best interests of the institution and ensure the institution’s development;
(b) develop a strategic plan for the institution;
(c) promote quality care, nutritional and health status of the...
- Section 59 of The Basic Education Act 2013: Functions of the Board of management
The functions of the Board of Management of a basic education institution shall be to-
(a) promote the best interests of the institution and ensure its development;
(b) promote quality education for all pupils in accordance with the standards set under this Act or any other written law;
(c)...
- Section 60 of The Basic Education Act 2013: Annual report on governance
Every public school or institution of basic education shall, submit on an annual basis a report to the Director of Basic Education.
- Section 61 of The Basic Education Act 2013: Committees of the Board of Management of a basic education institution
(1) The board of management of an institution of basic education may establish such committees as the Board may consider appropriate to perform such functions and discharge such responsibilities as the Board may deem necessary.
(2) Without prejudice to the provisions of subsection (1), the board of...