Fresh burden for parents as government opens window for extra levies

Parents could face a fresh financial burden under a proposed law that would give schools a formal role in recommending additional charges, potentially opening a legal pathway for levies that have for years been imposed through school-level arrangements.

The Basic Education Bill 2026, which was expected to address concerns over unauthorised charges in schools, proposes to give Parents-Teachers Associations powers to discuss and recommend charges to be levied on learners or parents.

The proposal could give schools greater room to formally raise money for development and maintenance, with Parents-Teachers Associations empowered to discuss, explore and advise parents on ways of raising funds for the physical development and maintenance of schools.

The associations would further be allowed to undertake and oversee development projects on behalf of parents and teachers.

The proposed powers come against a backdrop of complaints by parents over extra charges imposed by schools outside approved fee structures.

Over the years, school heads have been accused of using parents' meetings to secure approval for additional charges, including infrastructure contributions, remedial classes, damage charges, orientation-related fees and other costs associated with day-to-day learning.

Parents have also raised concerns over the manner in which some Parents' Association meetings are conducted, alleging that school heads sometimes mobilise supportive parents to suppress opposition to proposed charges.

In some cases, parents have alleged that emotional appeals are used to win support for additional payments, including questioning whether parents want their children to perform well in school.

The Bill now seeks to formally define some of the roles that could enable parents' associations to recommend such charges.

The associations would also be required to explore ways of motivating teachers and learners to improve performance in academic and co-curricular activities.

“Explore ways to motivate teachers and learners to improve performance in academic and co-curricular activities,” the proposal reads.

They would further assist school management in the monitoring, guidance, counselling and discipline of learners.

The associations would also consider and recommend measures for the welfare of staff and learners.

It will also allow the parents' associations to make decisions on school development and create additional financial contributions.

Stakeholders now see the proposed window as a loophole that will stamp the provision of extra levies in school dealing parents an even greater burden.

Boaz Waruku the Policy and Strategy Advisor for the Elimu Bora Working Group, argues that the parents’ association limits public participation and often work closer with the administration to entrench the administrative agenda.

“The moment that window is opened it becosmes a door, and then it bocomes a gate and then it becomes the flood gates that it impossible for parents vto meet the cost to educate their children,” Waruku said in an interview with the Standard.

However, the Bill also proposes penalties for schools and individuals who impose or collect charges outside the law, in a move aimed at controlling the fees paid by parents.

The proposed law states that a public school shall not charge or cause a parent or guardian to pay tuition fees for or on behalf of any learner enrolled in the school.

The Bill provides an exception for non-Kenyan citizens, who may be required to pay tuition fees.

A person who contravenes the provision would commit an offence and, upon conviction, could be fined up to Sh1 million, jailed for a period not exceeding three years, or face both penalties.

The Bill further proposes that public schools shall not impose other charges without the approval of the Cabinet Secretary.

It would also require any person or institution collecting approved charges to issue an official receipt.

The proposed law would additionally prohibit schools from denying learners access to education because of failure by their parents or guardians to pay the charges.

A person who contravenes the provision on additional charges would face a fine of up to Sh1 million, imprisonment for a period not exceeding three years, or both.

The provisions mean that while Parents-Teachers Associations could discuss and recommend charges, schools would still require approval from the Cabinet Secretary before imposing other charges.

The Bill therefore seeks to create a formal process for raising additional funds while placing legal limits on how such money can be demanded and collected from parents.

The proposal comes amid longstanding concerns over the growing financial demands placed on families by public schools, despite the Government's policy on free primary and secondary education.

Education stakeholders have previously raised concerns that parents continue to meet costs for infrastructure, learning materials, activities and other requirements that are not always reflected in official school fee structures.

The proposed requirement for official receipts would also create a paper trail for money collected from parents and institutions, potentially making it easier to establish whether charges have received the required approval.

The Bill's proposed penalties are contained alongside the provisions giving Parents-Teachers Associations a role in recommending charges, creating a framework that seeks to balance schools' need to raise funds with protection against unauthorised collections.

The proposed law could therefore leave parents with greater participation in decisions on school development while also requiring them to navigate a system in which additional charges may be recommended through their own representatives.

The Bill is expected to face scrutiny over whether the new powers will improve transparency in school financing or provide room for additional financial demands on parents.