High Court Upholds Private School’s Right to Review Fees After Parents Challenge 6% Increment

High Court Upholds Private School’s Right to Review Fees After Parents Challenge 6% Increment

The High Court has upheld the right of private schools in Kenya to review and increase tuition fees, provided the institutions follow the procedures required under the law.

The decision followed a petition filed by two parents challenging a six per cent fee increase introduced by a private school for the 2026/2027 academic year.

The parents had asked the court to intervene, arguing that the revised fees were introduced without adequate consultation through a legally recognised Parents Association.

They also questioned the legality and operation of the parents’ body, citing provisions of the Basic Education Act governing the participation of parents in school affairs.

The school, however, defended the increase, telling the court that the revised fees had been approved during an Annual General Meeting held in May.

The institution said parents and learners participated in the meeting and were informed about the proposed changes before the new fees took effect.

According to the school, parents were given notice of the revised charges about three months before implementation.

The institution also attributed the increase to rising operational expenses, including staff remuneration, learning materials, technology, maintenance and improvements to school facilities.

The school further argued that its relationship with parents was contractual and that, as a private institution, it retained autonomy over its operations, including the setting of fees.

After considering the arguments, the High Court dismissed the petition and upheld the school’s decision. Each party was ordered to bear its own costs.

In the judgment, the court recognised the school’s authority to review fees, while stressing that the required procedure must be followed.

“The 1st Respondent being a private institution retains autonomy and power to maintain standards in the course of studies which confers it the authority to increase fees payable as long as procedure is followed. I therefore uphold the decision of the 1st Respondent.”

The court also found that the parents had the legal standing to bring the petition and that their constitutional concerns could properly be considered by the High Court.

However, the judge concluded that the evidence presented demonstrated that the school had followed the required process before approving the six per cent increase.

The parents therefore failed to establish that the fee review had violated their constitutional rights.

The ruling does not mean private schools can increase fees without following applicable requirements. Instead, it confirms that private institutions have operational autonomy, subject to compliance with the law and relevant procedures.

The decision comes as parents across Kenya continue to face rising education costs and increased financial pressure from school fees.

Fee increases have become a recurring issue, with parents at several private and public institutions challenging revised charges and seeking greater transparency over how new fees are determined.

Other schools have recently faced similar disputes. Parents at Parklands Baptist School, for example, challenged a significant fee increase, while fee adjustments at Alliance Girls’ High School have also attracted public attention.

The latest High Court ruling could therefore provide important guidance for private schools and parents involved in future disputes over tuition fees.

For schools, the judgment underscores the importance of proper consultation, communication and adherence to applicable procedures before implementing new charges.

For parents, the decision highlights the need to participate in school meetings and understand the contractual and regulatory framework governing fees at private institutions.

The six per cent increase in the case remains in force following the court’s decision, unless successfully challenged through another legal process.

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High Court Upholds Private School’s Right to Review Fees After Parents Challenge 6% Increment