New Bill Seeks to Bar Teachers From Striking During National Exams
Teachers and other personnel involved in administering Kenya’s national examinations could face restrictions on their right to strike during examination periods under a proposed law before Parliament.
The Bill was presented to the National Assembly by Majority Leader Kimani Ichung’wah and is now awaiting debate by Members of Parliament.
Under Clause 60, the proposed law would restrict the right to strike where industrial action could threaten the integrity, security or orderly conduct of a national assessment.

“The right to strike guaranteed under Article 41(2)(d) of the Constitution shall be limited pursuant to Article 24 of the Constitution only to the nature and extent contemplated under subsection 2.”
The proposed provision specifically targets people directly involved in national assessments rather than imposing a blanket restriction on all teachers.
Who Would Be Affected?
If passed, the provision could affect teachers serving as invigilators, examiners, supervisors and other personnel directly involved in administering national examinations.
The Bill states that such workers would not be allowed to strike during an assessment period where the industrial action could compromise the examination process.
“A person engaged in the management, organization or administration of any national assessment shall not go on strike during an assessment period if going on strike would, in the opinion of the Council, compromise the integrity of the assessment.”
The proposal therefore does not amount to a complete ban on teachers’ strikes.
Instead, it would apply to teachers and other personnel whose duties are directly connected to national assessments and only during periods when their industrial action could affect the examinations.
Exam Boycott Threat Raises Concern
The proposed legislation comes at a time when uncertainty has surrounded preparations for the 2026 national examinations.

The outstanding allowances were reported to amount to about Ksh1.5 billion.
Teachers have argued that they have waited for a long time to receive payment for invigilation, supervision and marking services already provided.
The dispute has raised concerns about whether enough personnel would be available to administer the 2026 examinations if teachers proceeded with the threatened boycott.
Bill Awaits Parliamentary Debate
The proposed restriction is expected to attract debate because it touches on the constitutional right to strike and the need to protect national examinations.

The Bill proposes that restrictions be applied only where necessary to protect the integrity and security of national assessments.
Parliament will now consider the proposed provisions before deciding whether to pass the legislation.

The proposal highlights the growing tension between workers’ labour rights and the need to ensure that Kenya’s national examination system operates without disruption.
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New Bill Seeks to Bar Teachers From Striking During National Exams


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