Can a school withhold your certificate over unpaid fees?
Ministry of Education; Basic Education Act, 2013 · sources read 5 Oct 2026
The KNEC Act says KCPE, KCSE and other KNEC certificates shall not be withheld from the candidate by any person or institution, so a school can't hold yours over unpaid fees. In 2025 the Education Cabinet Secretary also ordered all schools, public and private, to release them. Public schools can't charge tuition, and no child may be refused school because of unpaid levies.
- Where
- The Commission on Administrative Justice (Ombudsman) for public schools, by email or its online complaints system; the High Court for a rights petition
Steps
- For a public school, you can complain to the Ombudsman (Commission on Administrative Justice) by email at complain@ombudsman.go.ke.
- Or file the complaint online on the Ombudsman's complaints system (CMIS) and track its status there.
- If a right in the Bill of Rights, such as the right to education, is being denied, you can file a case in court.
Watch out
- Free tuition is the rule for public schools only; the Act's ban on charging tuition doesn't cover private schools.
- The KNEC rule covers KNEC certificates (KCPE, KCSE). A private school's own leaving certificate and transcripts are treated as part of your fee contract: in 2020 the High Court dismissed a former student's case and said she must first clear with the school, including finance, before collecting them.
- Keep your fee receipts. In 2021 the High Court ordered a private school to release a student's results, transcripts and certificate after finding he had paid all the fees for that year, so the school had no reason to hold them.
Who this covers
- Anyone who sat a KNEC examination (such as KCPE or KCSE) at any public or private school or institution.
- Every child has a constitutional right to free and compulsory basic education.
- Pupils in public schools: other charges need the Cabinet Secretary's approval, and no child can be refused school for not paying them.
Official sources (6)
- Basic Education Act (No. 14 of 2013, Cap. 211) new.kenyalaw.org · read 3 Oct 2026
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- FAQs ombudsman.go.ke · read 3 Oct 2026
- Kenya National Examinations Council Act (No. 29 of 2012), version of 31 December 2022 new.kenyalaw.org · read 5 Oct 2026
- Kaycia Jinnah v Aga Khan Education Services, Kenya, Petition 152 of 2018, [2020] KEHC 2838 (KLR) new.kenyalaw.org · read 5 Oct 2026
- Lewis Moses Odhiambo & another v Mahanaim International High School & another, Constitutional Petition 95 of 2019, [2021] KEHC 13581 (KLR) new.kenyalaw.org · read 5 Oct 2026