Last Change:
01/14/2025
Basic Education Act
Year: 2013
Type: Domestic law
Rights Category: Education, Social protection
Description
The Basic Education Act, 2013 gives effect to Article 53 of the Constitution and other enabling provisions, promoting and regulating free and compulsory basic education. It provides for the accreditation, registration, governance, and management of basic education institutions, and establishes key bodies such as the National Education Board, the Education Standards and Quality Assurance Commission, and the County Education Boards, ensuring oversight and quality in education delivery. The Act also addresses related purposes to enhance access, equity, and quality in Kenya's education system.
Selected provisions
(1) Pursuant to Article 53(1)(b) of the Constitution and section 7 of this Act, every parent whose child is—
(a) a Kenyan citizen; and
(b) of compulsory school age, shall ensure that the child attends school regularly.
(2) A parent who fails to take his or her child to school as required under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to a period not exceeding one year or to both.
(1) No public school shall charge or cause any parent or guardian to pay tuition fees for or on behalf of any pupil in the school.
(2) Notwithstanding subsection (1)—
(a) tuition fees may be payable by persons who are not Kenyan citizens; or
(b) other charges may be imposed at a public school with the approval of the Cabinet Secretary.
The guiding principles of basic education under this Act shall be—
(a) the right of every child to free and compulsory basic education;
(b) equitable access for the youth to basic education and equal access to education or institutions;
(c) promotion of quality and relevance;
(d) accountability and democratic decision making within the institutions of basic education;
(e) protection of every child against discrimination within or by an education department or education or institution on any ground whatsoever;
(f) protection of the right of every child in a learning institution to equal standards of education;
(g) advancement and protection of every child in a learning institution from physical and psychological abuse, neglect and any other form of exploitation including labour;
(h) development of the human personality, talent and mental and physical abilities to their fullest potential;
(i) promotion of the value and development of the child’s respect for human rights and fundamental freedoms and the values of the Constitution;
(j) promotion of the value of the child’s respect for parents, cultural identity, language and values, for national values of Kenya and for the preparation of the child for responsible life in a free society in the spirit of understanding, peace, tolerance, gender equality and friendship among all peoples, ethnic, tribal, religious, cultural and linguistic groups and persons of indigenous origin;
(k) non-discrimination, encouragement and protection of the marginalized, persons with disabilities and those with special needs;
(l) enhancement of co-operation with relevant government agencies, non-governmental organizations and the private sector in education.
(1) The Cabinet Secretary shall provide special needs education in special schools established for that purpose, based on the needs and abilities of the pupils.
(2) The Cabinet Secretary shall ensure that every special school or educational institution with learners with special needs is provided with appropriate trained teachers and facilities for learners with disabilities.
(1) No person shall employ a child of compulsory school age in any labor or occupation.
(2) Any person who contravenes subsection (1) commits an offense and is liable on conviction to a fine not exceeding fifty thousand shillings or imprisonment for a term not exceeding six months, or both.
(3) The provisions of subsection (1) shall not apply to light work carried out by a child above the age of thirteen years if it is—
(a) compatible with the child’s age and ability;
(b) conducive to the child’s full development; and
(c) carried out under the supervision of a responsible adult.
(4) A person who employs a child to perform light work as provided in subsection (3) shall ensure that the work does not prevent or interfere with the child’s attendance at school or the child’s participation in any activity approved by the school.
(1) No public school shall charge or cause any
parent or, guardian to pay tuition fees for or on behalf of
any pupil in the school.
The Cabinet Secretary may make regulations with respect to the conduct and management of schools and such regulations may- provide for religious instruction and religious education in basic education having regard to the national values and principles under Article 10 and Chapter Six of the Constitution.
(1) Every parent whose child is –
(a) Kenyan; or
(b) resides in Kenya
shall ensure that the child attends regularly as a pupil at a
school or such other institution as may be authorized and
prescribed by the Cabinet Secretary for purposes of
physical, mental, intellectual or social development of the
child.
(2) A parent who fails to take his or her child to
school as required under sub-section (1) commits an
offence.
(3) A person who contravenes this section shall be
liable on conviction to a fine not exceeding one hundred
thousand shillings or to imprisonment for a term not
exceeding one year, or both.
(4) Subsection (2) shall not apply to a parent or
guardian who presents within a reasonable time a reason
to the satisfaction of the County Director of Education for
the absence of his or her child at a school or institutions of
basic education.
The Cabinet Secretary shall ensure quality basic education conforming to the set standards and norms.