Last reviewed: 28 October 2026
The holiday tuition ban Kenya schools must follow is still in force in 2026. Section 37 of the Basic Education Act says no pupil shall be subjected to holiday tuition, and the Ministry of Education has repeated that this applies to both public and private basic education institutions. Only narrow, free, supervised remedial support is allowed. This guide sets out exactly what the law says, what the Ministry allows, where the grey areas are for private tutors, and lawful ways to keep children learning over the long December break.
This is general information, not legal advice. If you run a school or tuition centre and are unsure, ask your sub-county director of education or a lawyer in writing.
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What the Law Says
Section 37 of the Basic Education Act, 2013 has two parts:
- “No pupil shall be subjected to holiday tuition.”
- A person who breaks this rule commits an offence and, on conviction, faces a fine of up to KSh 100,000, imprisonment of up to one year, or both.
The Act does not define “holiday tuition”. That gap has been argued in court. In Sammy Khaemba & another v Attorney General (2019), two people charged under section 37 challenged the section as unconstitutional, partly because the term is undefined. In a January 2019 ruling, the High Court at Kitale declined to refer the petition to a three-judge bench, saying the missing definition did not raise a substantial question of law. That ruling did not strike out or weaken section 37. We found no later judgment that has.
The Latest Holiday Tuition Ban Kenya Directive
In a memo dated 30 July 2025, Basic Education Principal Secretary Prof. Julius Bitok told regional directors to enforce the ban, as reported by Education News on the July 2025 Ministry memo. According to that report, the memo:
- restated that holiday tuition is banned in public and private basic education institutions;
- allowed limited remedial instruction only if it targets specific learners who need academic support, is supervised by Ministry quality assurance officers, and is neither commercialised nor compulsory for everyone;
- told officers to monitor compliance, investigate breaches and refer serious or repeat offenders to the Director of Public Prosecutions.
Pressure from parents has continued. In October 2025, as reported by Nation, the National Parents Association complained that some schools planned to reopen for paid lessons right after national exams and urged parents to report them. In November 2025 the Education Stakeholders Association of Kenya threatened to go to court to have the Ministry’s circulars withdrawn. As of 28 October 2026 we have found no court order lifting the ban.
What Is Allowed and What Is Not
| Situation | Position |
|---|---|
| A school recalls a whole class for paid lessons in April, August or December | Not allowed: this is the core of the ban. |
| A school runs “compulsory” holiday classes but calls the payment a “remedial fee” or “lunch money” | Not allowed: charging or making it mandatory breaks the Ministry’s conditions. |
| Free remedial support for a few learners who need it, approved and supervised by quality assurance officers | Allowed, under the Ministry’s conditions. |
| Holiday homework or a home revision plan | Allowed: learning at home is encouraged. |
| Sports, arts, coding or life-skills camps that are not classroom tuition | Generally treated as different from tuition, but check what is actually taught. |
| A parent hires a private tutor for their own child at home | Grey area: see below. |
| A tuition centre runs group classes for school-age learners during the holiday | Risky: the Ministry’s memo covers institutions, and enforcement has targeted organised group classes. |
The Grey Area for Private Tutors
Because the Act does not define holiday tuition, the law is unclear on one-to-one or small-group tutoring arranged privately by parents. Public enforcement has focused on schools and organised classes that charge parents. We are not aware of a court ruling that settles whether a parent-arranged home tutor breaks section 37.
If you tutor, reduce your risk:
- do not use school premises, school names or school teachers’ time;
- work with individual families at their request, and never make sessions a condition of anything at school;
- keep sessions short and focused on gaps, not a full timetable that looks like school;
- if you plan a centre, read our guide to starting a tuition centre in Kenya and get written guidance from your local education office first.
Teachers employed by TSC should also check their code of conduct obligations; our guide to the TSC code of conduct explains the basics.
How to Report Illegal Holiday Tuition
Parents can report to the sub-county or county director of education, who can involve quality assurance officers. Keep evidence: the school’s message or letter, receipts, and dates. If you were charged, you can ask the school in writing to refund the money and copy the education office.
Lawful Ways to Keep Learning Over the Holiday
- Follow a light home routine, such as our long holiday revision plan: 45 to 60 minutes a day is enough.
- Use 10-question CBC Challenge quizzes to spot weak topics, then revise only those.
- Try a practical skill. The online AI Starter course for Grades 4–9 teaches what AI is, how to use it safely and how to build small projects with it, from home. It starts on 9 November 2026.
- Get unlimited quizzes and revision packs with a cbcguide pass, which costs far less than a week of illegal school tuition.
Tutors can also browse the tutors hub and our guide to tutor rates in Kenya.
Frequently Asked Questions
Is holiday tuition still banned in Kenya in 2026?
Yes. Section 37 of the Basic Education Act remains in force, and the Ministry’s July 2025 memo restated the ban for public and private basic education institutions. We have found no court order lifting it.
What is the penalty for holiday tuition?
On conviction, a fine of up to KSh 100,000, imprisonment of up to one year, or both, under section 37(2) of the Basic Education Act.
Can schools offer remedial classes during the holidays?
Only in a limited way. The Ministry allows remedial support for specific learners who need it, supervised by quality assurance officers, free of charge and not compulsory for everyone.
Is it illegal to hire a private tutor for my child during the holiday?
The law does not define holiday tuition and no court has clearly settled this point. Enforcement has focused on schools and organised paid classes. Keep any private tutoring light and arranged by you, and seek advice if unsure.
Does the ban apply to private schools?
Yes. The Ministry has said the ban covers both public and private basic education institutions.
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