Key Kenyan Education Laws 2025/2026 – Essential Guide for Parents, Teachers, Schools & Consultants in the CBC Era
By Elimuhub Team – Education Consultants in Nairobi Since 2017
As Kenya fully transitions to Senior Secondary (Grade 10+) under the Competency-Based Curriculum (CBC) in January 2026, staying compliant with education laws is more important than ever. From free/compulsory basic education to TSC teacher registration, child protection, and private school rules – these laws shape placements, tutoring, homeschooling, and school operations.
At Elimuhub, we've guided 500+ families and supported 300+ placements while ensuring full legal compliance. Here's a clear, updated summary (January 2026) of the core laws – no major overhaul replaced the 2013 Basic Education Act yet, but ongoing reforms (e.g., Basic Education Bill proposals) emphasize CBC pathways, APBET integration, and quality assurance.
1. Constitution of Kenya 2010 – The Foundation
Article 43(1)(f): Right to education as a fundamental human right.
Article 53(1)(b): Every child entitled to free and compulsory basic education (pre-primary to secondary).
Article 55: State obligation for marginalized groups' access.
2026 Relevance: Supports 100% transition to Senior School and inclusive pathways (STEM, Social Sciences, Arts & Sports).
2. Basic Education Act No. 14 of 2013 (as amended)
Main law for basic education (pre-primary to secondary).
- Free/compulsory primary & secondary (government capitation via NEMIS/KEMIS).
- Private schools must register with MoE before operating – certificate mandatory.
- School Boards of Management (BOMs) required for governance.
- Bans corporal punishment; expulsion only after due process.
- Penalties: Unregistered schools face fines up to KSh 1 million or 2 years imprisonment.
2026 Updates: Aligns with CBC Senior School rollout; new guidelines require CBC-compliant facilities (e.g., labs for STEM pathways) and KICD-approved curricula for non-CBC options.
3. Teachers Service Commission (TSC) Act No. 20 of 2012
TSC regulates all teachers (public/private).
- Mandatory TSC registration & licensing for teaching.
- Handles discipline, promotions, transfers, Code of Conduct.
- Unregistered teaching illegal – fines/imprisonment apply.
2026 Tip: All tutors/recruited teachers must be TSC-registered (Section 23). Elimuhub only partners with vetted, registered professionals for home/online tutoring & placements.
4. Kenya Institute of Curriculum Development (KICD) Act No. 4 of 2013
KICD develops/reviews/approves all curricula.
- CBC mandatory; non-CBC (IGCSE, IB) needs KICD approval.
- Unauthorized curricula illegal.
2026 Relevance: Ensures Senior School pathways align with competency-based learning; private/international schools must comply for registration.
5. Children Act 2022 & Related Protection Laws
Strengthens child rights/protection.
- Mandatory abuse reporting by school staff.
- Schools require child protection policies.
- Sexual Offences Act 2006: Harsh penalties for abuse.
- Links to Work Injury Benefits Act for staff safety.
Practical: Essential for homeschooling, placements, & tutoring – Elimuhub prioritizes safe, values-aligned environments (especially Muslim families).
6. Employment & Labour Laws for Schools
- Employment Act 2007: Written contracts, max 12-month probation, leave, fair termination.
- Labour Relations Act: Teachers can unionize (KNUT/KUPPET).
7. Private & International Schools – Key Compliance
- MoE registration mandatory.
- KICD approval for non-CBC curricula.
- Full compliance with child protection, TSC teachers, fee transparency.
- 2026: Facilities must support at least 2 pathways; STEM needs specialized labs.
Quick Reference Table: Key Laws at a Glance (2026)
| Law/Act | Main Purpose | Key 2026 Requirement for Schools/Providers |
|---|---|---|
| Constitution 2010 | Right to education | Free/compulsory basic; inclusive Senior School access |
| Basic Education Act 2013 | Registration & governance | MoE certificate; CBC facilities/pathways |
| TSC Act 2012 | Teacher regulation | All teachers TSC-registered/licensed |
| KICD Act 2013 | Curriculum approval | Non-CBC needs KICD nod; CBC alignment |
| Children Act 2022 | Child protection | Mandatory policies & reporting |
| Employment Act 2007 | Contracts & rights | Written terms; fair practices |
How Elimuhub Helps You Stay Compliant in 2026
Navigating these laws during CBC transitions? We offer:
- TSC-registered tutors for home/online/CBC prep.
- Muslim/general school placements ensuring MoE/KICD compliance.
- Homeschooling support aligned to legal frameworks.
- Teacher recruitment/workshops on child protection & CBC.
- Free initial consultations on laws affecting your family/school.
Contact Us Today:
WhatsApp: +254 731 838 387 (Free 2026 Compliance Chat!)
Email: elimuhubconsultant@gmail.com
Office: 116 Muhoho Avenue, South C, Nairobi
Main Site: elimuhub.simdif.com
Last Updated: January 20, 2026 | Sources: Kenya Law Reports, Ministry of Education, TSC, KICD official sites. Not legal advice – consult professionals for specifics.
Questions on how these laws affect school placement or tutoring? Comment below or WhatsApp us! ✅
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