Key Kenyan Education Laws 2025/2026 – Guide for Parents, Teachers & Schools in CBC Era

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! ✅