Private Schools in Kenya: Can schools increase fees without parents’ approval?

The question came before court after two Oshwal Academy parents challenged a 6 per cent increase in fees for the 2026/2027 academic year, arguing that the new charges had been introduced without meaningful parental participation through a properly constituted Parents-Teachers Association.

On September 18, 2026, Justice David Mburu dismissed the petition, finding that the parents had not proved that the increase was unlawful, irrational or procedurally improper.

The judgment was reported publicly on September 24.

The decision provides a useful guide to where the law draws the line between a private school’s autonomy and parents’ rights.

Can a private school increase fees?

There is no general rule in Kenyan law that prohibits a private school from increasing its fees.

The High Court has previously treated the relationship between a private school and the parent as largely contractual.

Unlike public schools, which operate within the State’s free-basic-education framework, private institutions charge for educational services under the terms governing enrolment.

Courts have therefore been reluctant to treat private-school fees in the same way as charges imposed by public schools.

In the latest Oshwal case, Justice Mburu similarly held that the school retained the autonomy to increase fees provided the applicable procedure was followed.

That does not mean a school can simply change the bill overnight without regard to its obligations.

What role do parents have?

This is where the Basic Education Act, 2013 becomes important.

Section 55 provides that every school should have a Parents Association and specifically requires every private school to establish a Parents-Teachers Association.

The Third Schedule sets out the structure and functions of the association.

Among its functions is to “discuss and recommend charges” to be levied on pupils or parents.

The law gives the Parents Association a role in discussing and recommending school charges.

It does not expressly say that every private-school fee increase requires the approval or consent of every parent.

In other words, parents have a statutory participation mechanism, but that is not the same as having an individual veto over fees.

What happened at Oshwal?

The parents argued that the school had increased fees without consultation through a lawfully constituted Parents Association.

Oshwal disputed that account.

It told the court that the 6 per cent increase had been considered and approved at an Annual General Meeting held in May 2026.

The school also produced minutes showing participation by parents and learners.

Its PTA chairperson told the court that the association did not oppose the increase.

The school attributed the increase to rising costs including fuel, electricity, water and maintenance, as well as spending on teachers, learning resources, technology, facilities and student safety.

Justice Mburu found that the respondents had demonstrated the process followed before the increase and that the petitioners had not produced evidence establishing illegality or procedural impropriety.

Does the school need parents’ approval?

This is perhaps the most important distinction from the ruling.

The judgment does not establish that private schools need every parent’s approval before increasing fees.

Rather, the legal framework requires the school to operate within the applicable statutory and contractual procedures.

The Parents Association is part of that framework, with a defined role that includes discussing and recommending charges.

The exact governance arrangements can also depend on the school’s own constitution, enrolment contract and applicable regulations.

The Oshwal case succeeded for the school because the court found evidence of a process involving the AGM and parental participation, and the petitioners did not establish that the process was unlawful.

What if parents disagree with an increase?

Parents are not left entirely without options.

The High Court noted that the relationship with a private school is contractual and that parents dissatisfied with the arrangements may use the conflict-resolution mechanisms contained in their contract, or ultimately terminate the contractual relationship and choose another institution.

Parents may also challenge a fee decision where there is evidence of breach of contract, unlawful procedure or another legally recognisable violation.

The Fair Administrative Action Act, for example, requires affected persons to receive appropriate notice, reasons and an opportunity to make representations where applicable.

The bigger lesson from the Oshwal case is therefore not that private schools can charge whatever they want.

It is that Kenyan law gives private schools considerable autonomy over their operations while requiring them to respect the statutory structures, contracts and procedures governing their relationship with parents and learners.