A new Bill before Parliament could restrict teachers from participating in strikes while administering or marking national examinations, setting up a major confrontation over workers' rights and exam security.
The Kenya National Educational Assessments Council Bill, 2026, proposes limiting the constitutional right to strike for teachers and other personnel directly involved in national assessments.
The move comes as teachers threaten to boycott the 2026 examinations over unpaid allowances estimated at Ksh1.5 billion.
Parliament must now decide whether protecting examination integrity justifies limiting industrial action during exam periods.
Teachers Strike During National Exams Could Be Restricted Under New Bill
Teachers involved in national examinations could lose the ability to strike during assessment periods if Parliament approves the proposed Kenya National Educational Assessments Council Bill, 2026.
The Bill, introduced in the National Assembly by Majority Leader Kimani Ichung'wah, seeks to limit industrial action among people involved in managing, organising or administering national assessments.
The proposed restriction appears under Clause 60, which provides circumstances in which the right to strike could be limited.
Under the proposal, a person involved in a national assessment would not be allowed to strike during an assessment period if the action could compromise the examination process.
The restriction would apply where industrial action could threaten the integrity or security of an assessment, interfere with the rights and freedoms of other people involved or disrupt the orderly conduct of examinations.
| Proposed Restriction | Details |
|---|---|
| Bill | Kenya National Educational Assessments Council Bill, 2026 |
| Clause | Clause 60 |
| People affected | Invigilators, examiners and other assessment personnel |
| Period affected | National assessment periods |
| Constitutional right affected | Right to strike under Article 41 |
| Legal basis proposed | Article 24 of the Constitution |
| Parliament status | Awaiting debate and consideration |
The proposal does not amount to a blanket ban on teachers' strikes.
Instead, it targets teachers and other personnel who directly participate in national examinations.
That distinction could become central to the debate because teachers would retain their general right to industrial action outside the periods covered by the proposed restriction.
Ksh1.5 Billion Unpaid Allowances Fuel Examination Boycott Threat
The proposed restriction comes at a particularly sensitive time for Kenya's examination system.
Teachers' unions have threatened to boycott the 2026 national examinations over unpaid allowances owed to personnel who administered and marked the 2025 KCSE and KPSEA examinations.
The outstanding amount has been estimated at approximately Ksh1.5 billion.
Teachers involved in supervision, invigilation and other examination duties have complained that they have waited for a prolonged period to receive their payments.
The dispute has created uncertainty over whether enough teachers will participate in administering the 2026 examinations.
The Ministry of Education has maintained that funds for the allowances were disbursed, while teachers have continued raising concerns over outstanding payments.
The Kenya National Examinations Council has now announced that remaining allowances would begin being paid from Thursday, August 13.
The timing could prove significant because the government is simultaneously seeking legislation that would restrict strikes during examination periods.
For teachers, the issue goes beyond the right to strike. They could argue that restricting industrial action without resolving payment disputes would leave examination personnel with fewer options to pressure authorities over unpaid dues.
For the government, the argument is likely to centre on protecting millions of learners from disruptions that could compromise national examinations.
Parliament Faces Test Over Teachers' Rights and Exam Security
The proposed law could trigger a wider debate over how far Parliament can go in limiting the constitutional right to strike.
Article 41(2)(d) of the Constitution guarantees workers the right to strike, while Article 24 allows certain rights and fundamental freedoms to be limited under specified circumstances.
The Bill seeks to use that constitutional framework to restrict strikes among people whose participation directly affects national assessments.
The government would therefore have to balance two competing interests.
On one side, Kenya needs a stable examination system capable of protecting the integrity, confidentiality and security of national assessments.
On the other, teachers and other workers must retain meaningful labour rights and mechanisms for addressing employment disputes.
The proposed teachers strike during national exams restriction could therefore become one of the most contentious provisions in the Bill.
Parliament will have to determine whether the proposed limitation is necessary, proportionate and sufficiently defined to prevent abuse.
The outcome could also influence future disputes involving examination personnel.
If Parliament passes the Bill, teachers involved in national assessments would face a clear legal restriction against industrial action where a strike could compromise the examination process.
For now, however, the proposal remains subject to parliamentary debate and approval.
The immediate pressure remains on the government and KNEC to resolve outstanding allowances before the 2026 examinations begin.
If the payment dispute continues, the government could face a difficult choice between enforcing examination duties and negotiating with teachers whose participation remains essential to the smooth running of national assessments.
