Bill seeks to boost accountability of school resources

Students in a classroom. Proposed law seeks to end misuse of funds and infrastructure funds in public schools. [File, Standard]

The National Assembly’s Education Committee has begun pre-publication scrutiny of the Basic Education (Amendment) Bill, 2025, which seeks to strengthen accountability in the management of resources in schools.

The Bill, sponsored by Sirisia MP John Waluke, proposes amendments to the Basic Education Act, 2013.

The proposed law seeks to have non-teaching staff declare their wealth and align school audits with the Public Audit Act.

The Basic Education Act, 2013 was enacted to give effect to Article 53 of the Constitution, which guarantees every child the right to free and compulsory basic education.

The law outlines the structures for managing public schools, defines the roles of boards of management, parents, and teachers, and provides a framework for curriculum development, governance, and quality assurance.

Over the years, it has been a cornerstone in ensuring access, equity, and accountability in Kenya’s education system.

In Tuesday’s sitting, Education Committee members raised concerns about the misuse of infrastructure funds in public schools and stressed the importance of separating academic and financial roles.

“Let the teacher be the teacher, teach and manage the academics and we have a professional manager and a qualified administrator actually dealing with issues of money with schools, resources and procurement,” said Lugari MP Nabii Nabwera.

The proposal has, however, stirred debate over whether requiring bursars and other support staff to declare their assets is the right approach.

Members noted that while financial accountability is necessary, the Basic Education Act and the Public Finance Management Act already provide frameworks for audits and penalties for non-compliance.

Committee chair Tinderet MP Julius Melly emphasized that the review process would ensure the Bill addresses real challenges facing the education sector.

“The goal is not to duplicate laws but to close gaps where misuse of funds persists,” he noted.

MPs Eve Obara (Kabondo Kasipul) and Mary Emaase (Teso South) called on the Ministry of Education to create clear accountability mechanisms for bursars and administrators, saying that many are entrusted with large sums of money without proper oversight.

The committee also engaged representatives from the Office of the Auditor General, who presented past performance audits, including the 2018 reports on management of development funds for technical institutions and the 2021 report on primary school infrastructure.

These reports highlighted systemic weaknesses in financial management across institutions.

The Committee is expected to refine the Bill in the coming weeks before forwarding it for consideration before the National Assembly.

The proposed amendment has highlighted broader questions on governance in the education sector: whether reforms should target individual staff or the wider system of financial management.

Critics argue that wealth declarations by non-teaching staff may be a misplaced priority. “This proposal risks scapegoating bursars while ignoring systemic governance failures. True reform lies in establishing certified financial management units in schools and digitizing transparency,” said an education policy analyst.