Written by Alice Njoki
Kenya’s Basic Education Bill, 2026 is proposing tougher consequences for parents and guardians who fail to enrol their children in school or do not ensure they attend regularly.
The Bill, sponsored by National Assembly Majority Leader Kimani Ichung’wah, is currently before Parliament and seeks to strengthen Kenya’s commitment to free and compulsory basic education.
Under the proposal, a parent or guardian who fails to present a child for admission at the beginning of the academic year could face a fine of up to KSh100,000, imprisonment for up to two years, or both. Failure to ensure regular attendance could attract a fine of up to KSh100,000 or up to one year in prison.
The proposed penalties become heavier when a child is deliberately kept out of school. If a person prevents a child from attending school for reasons such as child labour, income-generating activities, parental conflict or certain cultural practices, they could face a fine of up to KSh5 million, up to five years in prison, or both.
The Bill also proposes that schools take a more active role when children repeatedly miss classes without a reasonable explanation. School heads would be expected to investigate unexplained absenteeism and communicate with parents or guardians. If a parent repeatedly ignores written communication without providing a reasonable explanation, the proposed penalty could reach KSh200,000 or two years in prison, or both.
However, the proposals are not simply about punishing parents. The Bill raises a wider question about why some children are unable to stay in school. Poverty, child labour, family difficulties and other circumstances can affect attendance, meaning enforcement would need to distinguish between deliberate refusal to educate a child and families facing genuine hardship.
The proposed law also places responsibilities on government and schools. It seeks to strengthen access to basic education while addressing issues such as unauthorised school charges, admission barriers and learner protection. For example, the Bill proposes penalties for public schools that charge unauthorised fees.
The legislation is still going through Parliament, meaning its provisions can change before it becomes law. For now, the proposed penalties are part of a broader attempt to make responsibility for keeping children in school clearer across parents, schools and government.