Ministry of Education Introduces Sh20 Million Fine for Teachers in 2024 Bill
The Ministry of Education, under the leadership of Ezekiel Machogu, is taking decisive action against longstanding violations in the Kenya’s basic education system.
The proposed reforms, outlined in the Basic Education Bill, 2024, target various illegal practices such as charging tuition fees, subjecting students to repeated classes, conducting admission exams, and employing physical or psychological punishment.
Educators have responded with a mix of praise and criticism, expressing concerns about potential impacts on school finances and teacher accountability.
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The proposed changes include strict penalties, with fines of up to Sh20 million for teachers, administrators, or managers found in violation of set regulations.
Under the new legislation, head teachers will be held personally accountable for offenses such as charging tuition fees, conducting entrance exams, or forcing students to repeat classes. The Bill ensures that no child will be denied access to education due to unpaid fees.
Penalties for head teachers include imprisonment of up to three years or a fine of Sh1 million for charging tuition fees. Additionally, the proposal addresses issues like offering admission tests or compelling students to repeat a class, with corresponding penalties outlined in the Bill.
Teachers union leaders, however, are strongly defending their members against reprimands over school finances. The Kenya National Union of Teachers secretary general, Collins Oyuu, challenges the government to incorporate capitation and official fees in the new law to alleviate the financial burden on teachers.
The Teachers Service Commission (TSC) has raised concerns about the classification of offenses, questioning whether certain violations should be treated solely as criminal offenses or carry administrative consequences.
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This distinction, according to TSC legal director Cavin Anyuor, is crucial for appropriate disciplinary action against teachers involved in unauthorized activities.
Proposals are currently under consideration by the technical team fine-tuning the draft before presenting it to Parliament. Machogu stated in an interview that the proposals will undergo review by the Cabinet before reaching the Education Committee in Parliament.
Furthermore, the proposals aim to prevent head teachers from dictating where parents or guardians can procure personal effects like uniforms. The ministry has previously issued circulars against such practices, but non-compliance persists.
Headteachers will also face penalties if they hinder learners from attending school based on factors like employment bias, religion, parental conflict, or cultural practices. Offenders may be liable to a fine not exceeding five million or a prison term not exceeding five years.
The Basic Education Bill also addresses the use of corporal punishment, prohibiting the subjection of learners to torture or cruel, inhuman, or degrading treatment. The Bill empowers the Cabinet Secretary to develop disciplinary measures, including regulations for the suspension and expulsion of learners.
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Teachers violating these provisions may face fines of up to Sh100,000 or imprisonment not exceeding six months, or both.
Additionally, the illegal registration of a school will result in a fine of up to Sh20 million for anyone found aiding in such activities.
Ministry of Education Introduces Sh20 Million Fine for Teachers in 2024 Bill
