My child is being bullied at school: what does the law say?
Basic Education Act and Regulations; Children Act 2022 · sources read 4 Oct 2026
The Basic Education Regulations list bullying other learners as indiscipline, and each school's Board of Management must put reasonable measures in place for learners' security and safety. Under the Children Act, subjecting a child to psychological abuse or physical harm is an offence, punishable by up to 5 years in jail, a fine of up to KSh 2 million, or both.
- Where
- The school's Board of Management; the nearest police officer, chief or children's officer
Steps
- Report the bullying to the school. Its Board of Management is responsible for measures on learners' security and safety, and bullying is a discipline matter under the regulations.
- Ask about counselling. Every school must provide guidance and counselling services, and counselling is a corrective measure.
- If you believe the child needs care and protection, for example because they are exposed to violence, report it to the nearest authorised officer, such as a police officer, chief, children's officer or teacher.
Watch out
- Bullying a child online in a way that puts them in fear of death, violence or bodily harm is a separate offence, punishable by up to 10 years in jail, a fine of up to KSh 2 million, or both.
- A learner who bullies is dealt with under the discipline rules: the Basic Education Act bars expelling pupils except as those rules allow.
- No pupil may be subjected to cruel, inhuman or degrading treatment or punishment, physical or psychological.
- Subjecting a pupil to cruel, inhuman or degrading treatment, physical or psychological, is an offence: a fine of up to KSh 100,000, up to 6 months in jail, or both.
Who this covers
- Every child has the right to be protected from abuse and all forms of violence.
Official sources (4)
- Constitution of Kenya, 2010 new.kenyalaw.org · read 3 Oct 2026
- Basic Education Act (Cap. 211, formerly No. 14 of 2013) new.kenyalaw.org · read 4 Oct 2026
- Children Act, No. 29 of 2022 childrenservices.go.ke · read 4 Oct 2026
- Basic Education Regulations, 2015 (Legal Notice No. 39 of 2015) new.kenyalaw.org · read 3 Oct 2026