Education Ministry seeks stiffer penalties for defiant headteachers

Education Ministry seeks stiffer penalties for defiant headteachers

Education Ministry seeks stiffer penalties for defiant headteachers

The Ministry of Education is now attempting to establish authority over the breach of prohibited practices following years of non-compliance.

Widespread abuses in the nation’s basic education system, such as the unlawful charging of tuition fees, making students repeat classes, holding entrance exams for new students, and punishing students physically or psychologically, are to be curbed by the comprehensive reforms that the Ezekiel Machogu-led ministry is proposing.

Both support and opposition have been voiced regarding the Basic Education Bill, 2024’s proposed modifications, with some educators raising issues about how they would affect teacher accountability and school budgets.

The Bill aims to impose severe punishments for teachers, administrators, or managers who break established rules, with fines of up to Sh20 million.

The proposed law would make head instructors personally accountable for infractions including collecting money, giving new pupils entrance examinations, or making them retake courses. Additionally, the Bill ensures that no kid will be excluded from school because of unpaid tuition.

According to the proposed law, head teachers who charge tuition will face a punishment of Sh1 million or up to three years in prison.Head teachers may also face consequences if they require pupils to repeat a course or give admission tests to new students.

The proposal indicates that no child shall be barred from attending school because of failure to pay extra levies.

“A person who contravenes the provisions of this section commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a period not exceeding three years or to both,” reads the Bill.

However, officials of the teachers union have come out swinging to protect their members from criticism over school budgets.Collins Oyuu, secretary general of the Kenya National Union of Teachers, urged the government to incorporate official fees for all school categories and capitation into the new law that is being proposed.

“Let’s firmly establish capitation as a legal matter. The ministry promises to donate money but only sends a small portion of what is needed, which is causing misery for our members,” stated Oyuu.

He argued that head teachers act on behalf of the Boards of Management (BoM), which is responsible for the hike in fees.

“In any case, it is not the school heads that decide if there is any increment in the amount paid. It is the Boards of Management which represent the Ministry of Education,” Oyuu said.

The Teachers Service Commission (TSC) also raised concerns about the classification of offenses, questioning whether violations like unauthorised holiday tuition and extra levies should be treated solely as criminal offenses or also carry administrative consequences.

According to TSC legal director Cavin Anyuor, this difference is essential in order for the employer to discipline teachers who engage in these kinds of activities appropriately.Under the Basic Education Act, some offenses are established. Should additional charges and holiday tuition be considered criminal or administrative offenses? He made a pose.

Before presenting the written plan to Parliament, the technical team will take the suggestions into consideration and make any adjustments.In a Friday interview, Machogu stated that the Cabinet will review the suggestions before sending them to the Parliamentary Education Committee.

Proposals also prohibit head teachers from determining where a parent or guardian can buy personal items like uniforms.The Ministry of Education has already sent warning circulars to headteachers against the practice, but schools don’t comply.

In addition, head teachers will face consequences if they prevent students from attending class due to discrimination in the workplace, in their religion, in parent-child disputes, in cultural customs, or for any other reason.

“A person who contravenes sub-section (1) commits an offense and is liable to fine not exceeding five million or to  a period not exceeding five years or to both,” the recommendations state.

Since the Basic Education Bill forbids subjecting students to torture or cruel,  inhuman, or degrading treatment or punishment—either physical or psychological—the use of corporal punishment was also scrutinized in the suggestions. The Bill gives the Cabinet Secretary the authority to create regulations that specify  how a student may be suspended or expelled from school, among other disciplinary  procedures.

If teachers disobey the rule, they risk a fine of no more than Sh100,000, up to six months in jail, or both. However, there is a fine of up to Sh20 million for anyone who helps with an unlawful school registration.