New Bill Seeks to Bar Teachers From Striking During National Exams

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 Kenya National Educational Assessments Council Bill, 2026, seeks to limit industrial action by people involved in managing, organising or administering national assessments where a strike could disrupt the examination process.

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 Bill seeks to balance the constitutional right of workers to strike with the need to protect national examinations from disruptions.

“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 restriction would also apply where a strike could compromise examination security information, the rights and freedoms of other people involved in the assessment or the orderly conduct of the examinations.

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.

Teachers‘ unions have previously threatened to boycott examination duties over unpaid allowances owed to personnel who participated in the 2025 KCSE and KPSEA 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.

The Ministry of Education has maintained that funds for the allowances had been disbursed, while the Kenya National Examinations Council (KNEC) announced that outstanding payments would begin being released from Thursday, August 13.

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.

Article 41 of the Constitution guarantees workers the right to fair labour practices and allows workers to participate in industrial action, subject to legal limitations.

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.

If approved by the National Assembly and subsequently enacted into law, teachers and other examination officials could be required to continue performing their assessment duties even during industrial disputes where a strike is considered likely to compromise national examinations.

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