Basic Education Act, 2013 (Kenya)

Legal Definition

The Basic Education Act, 2013 (No. 14 of 2013) gives effect to Article 53 of the Constitution, which guarantees every child the right to free and compulsory basic education. It governs public and private schools offering basic education (pre-primary through secondary). Key provisions: **Free and compulsory education (s. 29)**: No person shall be denied access to basic education on grounds of sex, pregnancy, disability, social origin, or inability to pay school fees. A school that sends away a child for non-payment of fees commits an offence. **No exclusion for fees (ss. 28–29)**: A school shall not send away, suspend, or expel a pupil for non-payment of school fees. Parents who cannot afford fees may be directed to apply for the government bursary or school fees waiver. **Corporal punishment prohibited (s. 12)**: A teacher or any person engaged in providing basic education shall not administer corporal punishment to a learner. Contravention is an offence. **Disciplinary process (s. 30)**: A learner shall not be expelled unless they have been accorded a hearing before the school's board of management, informed of the specific grounds, given an opportunity to respond, and the decision has been communicated in writing. Parents/guardians must be notified. **Non-discriminatory access**: Schools cannot discriminate on grounds of disability, pregnancy, HIV status, ethnicity, or religion.