Members of Parliament have called on the Ministry of Education to come up with clear rules on how schools should handle students involved in violent behaviour.
The lawmakers say the proposed Basic Education Bill, 2026, does not adequately explain how schools should deal with cases of indiscipline, raising concerns about the safety of teachers and other learners.
The issue was raised on Tuesday, November 3, during a meeting on seven education reform Bills.
Education Committee Chairperson Julius Melly questioned Clause 19 of the proposed law, saying it protects learners from corporal punishment and other forms of mistreatment but does not provide clear guidance on how schools should enforce discipline.
Melly, who is also the Tinderet MP, said teachers were increasingly finding it difficult to manage violent students because of restrictions on the punishment they can administer.
“Schools are now ungovernable. Teachers are very unsafe since students can wake up and manhandle a teacher, and they cannot do anything since the law protects the student,” he said.
He also cited cases of students allegedly setting fellow learners on fire, saying the Ministry needed to put in place guidelines that would help school administrators deal with serious cases of indiscipline.
Education Principal Secretary John Ololtuaa told the committee that the Education Cabinet Secretary would be responsible for developing regulations to guide schools on disciplinary matters.
He pointed to Clause 19, which bars corporal punishment, torture and any form of cruel, inhuman or degrading treatment of learners, whether physical or psychological.
The provision, however, does not prevent the Ministry from developing regulations on how schools should handle disciplinary cases.
Council of Legal Education Chairperson Collins Odote also backed the call for changes, saying the current system was not working effectively.
“On the issue of discipline, there must be a concession that what we have now is difficult. The current discipline mechanism is not working, and there is a need to do more,” Odote said.
Kenya abolished corporal punishment in schools, including caning, about two decades ago. The law makes it an offence to subject a learner to such punishment.
Anyone found guilty of violating the provision faces a fine of up to Ksh100,000, imprisonment for up to six months, or both.
