Teachers to be barred from striking during national exams

Teachers and other personnel involved in administering and marking national exams could be restricted from participating in strikes during the examination period under the proposed Kenya National Educational Assessments Council Bill, 2026.

The bill presented to the National Assembly by Majority Leader Kimani Ichung’wah seeks to restrict the right to strike for persons involved in managing, organizing, or administering national assessments, where industrial action could interfere with the examination process.

Under Clause 60 of the proposed law, a strike could be restricted if, in the assessment council’s opinion, it would compromise the integrity or security of an assessment, the rights and freedoms of people involved in the assessment, or good order in its conduct.

“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 bill read in part.

“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; compromise security information associated with the assessment;  compromise the rights and fundamental freedoms of other persons engaged in the assessment; or compromise good order in the conduct of the assessment,” it added.

The proposed provision could directly affect teachers called upon to participate in the administration of national assessments, including invigilation and other examination-related duties.

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However, the bill does not impose a complete ban on teachers striking, as the new laws will only apply to invigilators, examiners, and every teacher directly involved in national examinations.

The bill now awaits discussion by Members of Parliament and might become law if it is passed by the August House.

This comes amid uncertainty over the 2026 national exams as teachers have vowed to boycott participation in invigilating, marking, and overseeing the exams.

Teachers’ unions threatened a nationwide exam boycott over unpaid allowances totaling Ksh 1.5 billion owed to 2025 KCSE and KPSEA personnel.

The officials noted that teachers have waited for a long time to be paid for the services they rendered and hence are now threatening to boycott participating in the 2026 national examinations as supervisors and invigilators.

The teachers claim they have not been paid allowances up to date, despite the Ministry of Education confirming the disbursement of the funds.

At the same time, the Kenya National Examinations Council (KNEC) has announced that the remaining allowances will be paid from Thursday, August 13, as uncertainty still surrounds the 2026 national exams.

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