The Basic Education Act 2013 in Kenya

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, Deaths Registration Act or at the attainment of the school going age of four years on the basis of...

(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,...

(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...

(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...

(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.

(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...

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...

(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...

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...

(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...

(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)...

(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...

(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)...

(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...

(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...

(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...

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 proprietor by reason of Article 10 or Chapter Six of the Constitution; (b) a teacher employed in the...

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 premises that meet the requirements of the occupational health, safety regulations and building...

(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,...

(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...

(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)...

(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...

(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...

(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...

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)...

Every public school or institution of basic education shall, submit on an annual basis a report to the Director of Basic Education.

(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...