Can a school expel a pregnant girl or refuse a young mother?
Constitution of Kenya; Basic Education Act; Children Act 2022 · sources read 4 Oct 2026
No. The Constitution and the Children Act forbid discrimination on the ground of pregnancy, every child has the right to free and compulsory basic education, and no child may be denied admission to a public school. Ministry of Education policy says girls who get pregnant may continue learning and must be re-enrolled after giving birth.
- Where
- The school; the County Education Board; the nearest police officer, chief or children's officer
Steps
- After she gives birth, ask for her to be re-enrolled at her school or placed in another suitable school.
- If a public school refuses to admit her, notify the County Education Board.
- The County Education Board must review the school's decision.
- A pregnant child counts as a child in need of care and protection. Anyone can report this to the nearest authorised officer, such as a police officer, chief, children's officer or teacher.
Watch out
- Discriminating against a child, including because of pregnancy, is an offence: up to 12 months in jail, a fine of up to KSh 200,000, or both.
- The Ministry policy says no girl will be allowed to attend school with the baby.
- The Basic Education Act's ban on expelling pupils is subject to the discipline rules made under the Act.
Who this covers
- Every child, including a girl who becomes pregnant and a young mother of school age.
Official sources (4)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Basic Education Act, No. 14 of 2013 (version as at 31 December 2022) new.kenyalaw.org · read 3 Oct 2026
- Children Act, No. 29 of 2022 childrenservices.go.ke · read 4 Oct 2026
- Education and Training Sector Gender Policy, Second Edition 2015 education.go.ke · read 3 Oct 2026