School Levies in Kenya: 8 Things Public Schools Can’t Charge

Updated 2 November 2026

School levies in Kenya are limited by the Basic Education Act, 2013: a public school may not charge Kenyan pupils tuition fees, may not collect an admission fee, may only impose other charges approved by the Cabinet Secretary for Education after consulting the County Education Board, must issue an official receipt for every levy, and may not refuse a child school because the parent has not paid those charges. Holiday tuition is banned outright.

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With Term 1 of 2027 approaching and fee lists going out in December, here are eight things a public school head cannot legally charge for or do, each with the section of the Act. Updated November 2026. Source: Basic Education Act, 2013 (Kenya Law), sections 29 to 38.

What school levies in Kenya can a public school charge?

Section 29 sets the rule and its exceptions. Tuition is free for Kenyan pupils in public schools. Section 29(2)(b) allows “other charges” only where the Cabinet Secretary approves them in consultation with the County Education Board, and only on condition that no child is refused school for failing to pay. That is why boarding and other approved fees for secondary schools appear in official Ministry of Education fee guidelines; see our summary of official senior school fees for 2026 and the county-by-county school fees guide.

8 things public schools can’t charge for or do

1. Charge Kenyan pupils tuition fees. “No public school shall charge or cause any parent or guardian to pay tuition fees for or on behalf of any pupil” (section 29(1)). Only non-citizens may be charged tuition.
2. Collect an admission fee. Section 32: no person admitting a child to a public school or basic education institution may collect any admission fee.
3. Impose unapproved levies. Charges beyond tuition need the approval of the Cabinet Secretary in consultation with the County Education Board (section 29(2)(b)). A board meeting alone is not that approval.
4. Collect levies without an official receipt. Section 29(2)(c) says “no person shall collect levies without issuing an official receipt”. Always ask for one, including for M-Pesa payments.
5. Send a child away over unpaid charges. The same section adds that “no child shall be refused to attend school because of failure to pay such charges”.
6. Deny admission or demand a birth certificate first. Section 34(5) says no child shall be denied admission to a public school, and section 33(2) says no child may be refused for lack of proof of age. Admission tests are banned unless used only to place the child at the right level (section 34(4)).
7. Hold a pupil back or expel them. Section 35(2) bars holding back any admitted pupil in a class or expelling them, except under regulations made for exhausted disciplinary cases, after the child and parent are heard.
8. Run holiday tuition. Section 37: “No pupil shall be subjected to holiday tuition.” A person who breaks this commits an offence punishable by a fine of up to KSh 100,000, up to a year in prison, or both.

Section 36 also bans torture and cruel, inhuman or degrading treatment or punishment of any pupil, physical or psychological, with a fine of up to KSh 100,000 or six months in prison.

Parents have duties too

The Act runs both ways. Under section 30, a parent of a Kenyan or resident child must make sure the child attends school regularly; failing to do so is an offence with a fine of up to KSh 100,000, a year in prison, or both, unless the parent gives the County Director of Education a satisfactory reason. Section 38 makes it an offence, with a fine of up to KSh 5 million or five years in prison, to employ a child of compulsory school age in work that keeps them out of school.

What to do about illegal school levies in Kenya

• Ask for the approval. Request the letter or circular approving the charge and the official receipt.
• Raise it with the Board of Management or Parents Association in writing.
• Complain to the County Education Board or County Director of Education. Section 34(6) and (7) specifically let a parent whose child is denied admission notify the County Education Board, which must review the school’s decision.
• Plan fees early. If an approved boarding fee is the problem rather than an illegal levy, compare options in our school fees loans guide and check term dates in the Kenya school calendar.

Private schools are not covered by the free tuition rule; they set their own fees under their contracts with parents.

Frequently asked questions

Can a public school send my child home for school fees?

Section 29(2)(b) of the Basic Education Act says no child shall be refused to attend school because of failure to pay approved charges.

Is holiday tuition illegal in Kenya?

Yes. Section 37 bans holiday tuition; anyone who conducts it faces a fine of up to KSh 100,000, up to one year in prison, or both.

Can a public school charge an admission fee?

No. Section 32 forbids collecting any admission fee when admitting a child to a public school.

Do non-citizens pay tuition in public schools?

They may. Section 29(2)(a) allows tuition fees to be charged to persons who are not Kenyan citizens.

Sources: Basic Education Act, 2013 (No. 14 of 2013), sections 29 to 38, Kenya Law, read 2 November 2026. General information, not legal advice.