Teachers could soon be stopped from going on strike while administering or marking national examinations if a new Bill before Parliament becomes law.
The proposed Kenya National Educational Assessments Council Bill, 2026, seeks to establish the Kenya National Educational Assessments Council to oversee national assessments in the country.
One of the key proposals in the Bill is to bar teachers and other personnel involved in national examinations from taking part in industrial action while the exams are ongoing.
The proposal could affect teachers who serve as invigilators, supervisors and examiners during national examinations.
It comes at a time when teachers’ unions continue to push the government to address various grievances, including promotions and allowances.
The Kenya Union of Post-Primary Education Teachers (KUPPET) has, for instance, threatened industrial action over the delayed promotion of 16,000 teachers.
The union has argued that the government has failed to honour its commitments on the promotion of teachers.
The proposed restriction could make it harder for teachers’ unions to use examination periods to put pressure on the government to address their grievances.
However, the proposal is also likely to spark debate over teachers’ constitutional right to strike.
Article 41 of the Constitution guarantees every worker the right to fair labour practices, including the right to go on strike.
The Bill therefore raises the question of whether the need to protect national examinations can justify restricting industrial action by teachers involved in the process.
National examinations affect thousands of candidates across the country, meaning any disruption could have far-reaching consequences for learners and schools.
The government could argue that examinations are a critical national process that should not be disrupted by labour disputes.
Teachers’ unions, on the other hand, could view the proposal as an attempt to weaken their bargaining power by taking away one of the most effective avenues for industrial action.
The proposed law would also require disputes involving examination personnel to be addressed without interfering with the administration and marking of national examinations.
The Bill is now subject to the parliamentary process before it can become law.
Its proposed restrictions are likely to attract attention from teachers’ unions and labour rights groups as Parliament considers whether to adopt the new examination framework.