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Is it an offence not to take your child to school?

Basic Education Act, 2013; Constitution of Kenya · sources read 2 Oct 2026

Yes. Every parent of a child who is Kenyan or lives in Kenya must make sure the child attends school regularly; a parent who fails commits an offence, with a fine of up to KSh 100,000, up to one year in jail, or both.

Where
Any school or basic education institution; the County Director of Education for absences
Read the law

Steps

  1. Take your child to a school or other basic education institution and get them admitted.
  2. If your child has to miss school, give the reason to the County Director of Education within a reasonable time.

Watch out

  • It is not an offence if you give the County Director of Education a reason for the absence that satisfies them, within a reasonable time.
  • Not presenting your child for admission at all is a separate offence: a fine of up to KSh 100,000, up to two years in jail, or both.

Who this covers

  • Every parent or guardian of a child who is Kenyan or lives in Kenya
  • Every child has a right to free and compulsory basic education
Official sources (2)
  1. Basic Education Act, 2013 (No. 14 of 2013) new.kenyalaw.org · read 2 Oct 2026
  2. Constitution of Kenya, 2010 new.kenyalaw.org · read 2 Oct 2026

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