The Early Childhood Education (Amendment) Bill, 2023

Background

The Early Childhood Education (Amendment) Bill, 2023 seeks to amend the Early Childhood Education Act, No. 3 of 2021. Under Paragraph 9 of Part II of the Fourth Schedule to the Constitution of Kenya, pre-primary education is designated as a devolved function managed by county governments. This Bill aims to establish standard economic parameters and institutional mandates to ensure the welfare and fair compensation of early childhood education teachers in public schools across the counties.

Key Amendments

Section 31 of Act No. 3 of 2021 (Functions of the Board of Management)

The Bill inserts a new paragraph (fa) immediately after paragraph (f) to mandate school boards of management to actively discuss and recommend measures concerning the welfare of teachers.

Section 38 of Act No. 3 of 2021 (Recruitment and Remuneration)

The Bill inserts a new subsection (2A) immediately after subsection (2). While the principal Act requires counties to determine teacher remuneration in consultation with the Salaries and Remuneration Commission (SRC), the new amendment restricts county discretion by forcing them to explicitly factor in:

• The inflation rate
• The national minimum wage
• The general cost of living

Section 68 of Act No. 3 of 2021 (Regulations and Minimum Standards)

The Bill amends subsection (3)(a) by inserting a new subparagraph (viiia) to incorporate the welfare of teachers into the list of key issues for which the Cabinet Secretary may prescribe minimum operational standards.

New Obligations

• County Governments: Must evaluate and apply local economic indicators—specifically inflation, minimum wage, and cost of living metrics—whenever reviewing or setting the salary scales of early childhood education teachers.
• School Boards of Management: Must establish regular administrative channels to evaluate, discuss, and propose remedies for teacher welfare issues within their respective institutions.