Individuals seeking to open and operate schools could be required to meet new registration requirements under the proposed Basic Education Bill, 2026.
The Basic Education Bill sets out the conditions that an institution must meet before it can be registered and allowed to offer basic education services to learners.
Under the proposed law, an applicant seeking to register a basic education institution would be required to submit an application to the relevant County Education Board.
The Board would assess whether the proposed institution meets the requirements set out in the law before making a recommendation to the Cabinet Secretary responsible for education.
Among the issues expected to be considered are whether the institution has adequate infrastructure, facilities, equipment, teaching and non-teaching staff, as well as the financial capacity to operate.
The proposed registration process would also examine the management and governance structure of an institution before it is cleared to operate.
Where the County Education Board is satisfied that an institution meets the required standards, it may recommend its registration, after which the Cabinet Secretary may issue a registration certificate.
The Bill provides that the Cabinet Secretary may issue a registration certificate if satisfied that the institution, once registered, will offer basic education services to learners.
Schools Can Be Denied Registration
However, where the County Education Board finds that an applicant has failed to meet the registration requirements, it may recommend that the institution should not be registered.
The Board would be required to notify the applicant of its decision and provide reasons in writing within seven days.
“Where the County Education Board determines that an application under section 27(1) does not meet the requirements set out under section 27(2), the County Education Board may recommend to the Cabinet Secretary that the institution should not be registered,” the bill reads.
“The County Education Board shall, within seven days of making the decision under subsection (5), notify the applicant of its decision with reasons, in writing.”
An applicant whose registration is rejected would have several options under the proposed law.
They could apply to the County Education Board for a review of the decision.
At the same time, they can take steps to address the areas of non-compliance and submit a fresh application, or appeal to the Education Appeals Tribunal.
A review could be considered where there was a mistake or error apparent on the record or where new and important information has emerged.
KSh20 Million Fine for Unregistered Schools
The Bill also proposes tough penalties for people who promote or manage basic education institutions without a registration certificate.
Under the proposed law, a person found guilty of operating or managing an unregistered basic education institution could face a fine of up to KSh20 million, imprisonment for up to three years, or both.
Any institution found to be operating without registration could also be closed.
“A person who engages in the promotion or management of basic education institution without a registration certificate, commits an offence and shall, on conviction, be liable to a fine not exceeding twenty million shillings or a term of imprisonment not exceeding three years, or to both,” the bill adds.
The proposed penalties are contained in the Basic Education Bill, 2026, which seeks to provide a new legal framework for the management and regulation of basic education institutions.
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