Section 3 of The Basic Education Act 2013: Application

The provision of basic education shall be guided by the following values and principles- (a) the right of every child to free and compulsory basic education; (b) equitable access for the youth to...

There is established a Board to be known as the National Education Board. (2) The functions of the Board shall be to advise the Cabinet Secretary, the department of education and related departments...

(1) The conduct and regulation of the business and affairs of the Board shall be as provided in the First Schedule. (2) Except as provided under the First Schedule, the Board may regulate its own...

(1) The Board shall consist of a chairperson and eight other members appointed by the Cabinet Secretary in accordance with the provisions of this Act. (2) The chairperson shall serve for a term of...

(1) A person shall be qualified for appointment as the Chairperson of the Board if such person— (a) holds a degree in education from a university recognized in Kenya; (b) has knowledge and at least...

A person shall not be qualified for appointment as the Chairperson or a member of the Board if such person— (a) is a member of Parliament or a county assembly; (b) is a member of a local...

(1) Upon commencement of this Act or whenever there is a vacancy in the Board, the Cabinet Secretary shall, within fourteen days of the occurrence of the vacancy, appoint a Selection Panel for the...

(1) The office of the Chairperson or a member of the Board shall become vacant if the holder— (a) dies; (b) resigns from office, by a notice in writing addressed to the Cabinet Secretary; (c) is...

The Cabinet Secretary may in consultation with the Board and upon such terms and conditions as may be prescribed, second such officers, agents and other staff as may be necessary for the efficient...

The Board may engage consultants and experts, as it considers appropriate, to assist in the discharge of its functions under this Act.

The Chairperson and members of the Board shall be paid such remuneration, fees, allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries...

(1) The National Education Board shall submit an annual report to the Cabinet Secretary. (2) Notwithstanding subsection (1), Cabinet Secretary may, at any time, require a report from the National...

(1) The Board shall, through an open, transparent and competitive recruitment process, recommend for appointment by the Cabinet Secretary a suitably qualified person to be the Secretary to the...

(1) There is established a County Education Board for every county. (2) The County Education Board established under subsection (1) shall be an agent of the National Education Board.

(1) The functions of the County Education Board shall be to- (a) oversee in consultation with the county government, the operation and management of youth polytechnics, pre-primary education...

(1) In carrying out its functions, the County Education Board shall work in consultation and co-operation with the National Education Board. (2) Notwithstanding the provisions of subsection (1), the...

(1) Every County Education Board shall consist of a Chairperson, and twelve other members appointed by the Cabinet Secretary through an open and competitive process and shall include - (a) an...

(1) The conduct and regulation of the business and affairs of the County Education Boards shall be as provided in the Second Schedule. (2) Except as provided in the Second Schedule, the County...

(1) The Chairperson shall serve for a term of four years renewable once. (2) The members shall serve for a renewable term of three years. Provided that the Cabinet Secretary shall by regulation,...

The members of the County Education Boards shall be paid such allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration...

The County Education Boards may from time to time co-opt into its membership such persons not being more than three as it is satisfied possess skills and experience to assist in the discharge of the...

(1) A County Education Board may establish such committees as may be appropriate to perform such functions and discharge such responsibilities as it may determine. (2) Without prejudice to the...

(1) The roles of the county government shall include the provision of funds required for the development of the necessary infrastructure for institutions of basic education and training used for...

The role of the Sponsor shall be – (a) to participate and make recommendations of review of syllabus, curriculum, books and other teaching aids; (b) representation in the School Management...

(1) The Cabinet Secretary shall implement the right of every child to free and compulsory basic education. (2) The Cabinet Secretary shall in consultation with the National Education Board and the...

(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...

(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...

(1) It shall be the responsibility of every parent or guardian to present for admission or cause to be admitted his or her child, as the case may be, to a basic education institution. (2) Where a...

No person shall while admitting a child to a public school or a basic education institution collect any admission fee.

(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,...

(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...

(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...

(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...

(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...

(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...

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...

(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...

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)...

(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,...

(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...

(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...

(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)...

(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...

(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...

(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...

Subject to the Constitution and the provisions of this Act, any person may establish and maintain a private school.

(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...

Any person requiring basic education may attend 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...

(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...