Under the Basic Education Bill 2026, any private school that operates without a valid registration certificate faces a fine of up to KSh 20 million, a maximum three‑year prison term, or both.

Section 25(1) mandates that every basic education institution, public or private, must be registered before it can admit learners.

Prospective private school operators must satisfy a five‑point compliance test covering staffing, facilities, premises suitability, health‑and‑safety standards, and programme‑specific infrastructure.

Applicants also need to disclose governance structures, prove financial capacity—typically via bank statements—and ensure the head teacher is registered with the Teachers Service Commission.

If an institution is found operating without registration, Section 28(11) requires its immediate closure, and the penalty can extend to the owning entity, not just the individual operator.

Legislative process and stakeholder input

The bill, sponsored by the Leader of the Majority Party, is one of six education reform bills currently before the National Assembly’s Departmental Committee on Education, chaired by MP Julius Melly.

Public participation hearings began across 31 counties on 25 September 2026 and have been extended to 2 October 2026 to allow additional stakeholder engagement after objections from groups such as the Kenya Union of Post‑Primary Education Teachers.

What private school owners should do now

Owners planning to launch or expand private schools should compile proof of financial resources, register head teachers with the TSC, and prepare detailed governance and staffing documentation before submitting applications to the County Education Board for inspection.

Even after initial approval, institutions will operate provisionally for one year, renewable for a second year, pending a quality‑assurance assessment by the Ministry of Education.