Private Tuition Agreement (Kenya)

A Private Tuition Agreement in Kenya records the obligations the parties accept and the terms governing their arrangement.

A Private Tuition Agreement in Kenya operates within the framework of the Basic Education Act No. 14 of 2013, which governs the provision of basic education and related services in Kenya and is administered by the Cabinet Secretary for Education. Although the Act primarily regulates public and private schools, its definition of educational services is broad enough to encompass organised supplementary instruction provided on a commercial basis. Tutors operating as educational institutions offering structured programmes may require registration with the Teachers Service Commission (TSC) under the Teachers Service Commission Act No. 20 of 2012 if employing registered teachers.

The Law of Contract Act Cap. 23 — which applies English common law contractual principles as received into Kenyan law — is the primary statute governing the enforceability of a Private Tuition Agreement. A valid contract requires offer and acceptance, lawful consideration (the tuition fees), intention to create legal relations, and parties competent to contract under Section 11 of the Indian Contract Act 1872 as adopted in Kenya. Where the client is a parent or guardian contracting on behalf of a minor student, the parent or guardian is the contracting party and bears the obligation to pay the agreed fees.

The Consumer Protection Act No. 46 of 2012, administered by the Competition Authority of Kenya (CAK), applies where the tutor is a business supplier of educational services to a consumer. The Act requires that service terms be disclosed clearly and that any cancellation, refund, or variation policy be stated transparently before the contract is concluded. Kenyan courts have applied consumer-protection principles to educational service contracts where providers have sought to enforce onerous terms not clearly disclosed to parents.

The Data Protection Act No. 24 of 2019, administered by the Office of the Data Protection Commissioner (ODPC), applies to any processing of personal data by the tutor, including collecting and storing the student's name, school records, contact details, and academic performance data. The tutor, as a data controller, must comply with the data protection principles in Part III of the Data Protection Act No. 24 of 2019, including the principle of purpose limitation and the obligation to implement appropriate security measures.

Where a Private Tuition Agreement is structured as an employment contract rather than a service contract — for example, where the client engages a full-time home tutor — the Employment Act No. 11 of 2007 and the National Social Security Fund Act No. 45 of 2013 apply, and the employer must deduct Pay-As-You-Earn (PAYE) income tax and remit National Social Security Fund (NSSF) and National Hospital Insurance Fund (NHIF) contributions under the respective Acts.

A Private Tuition Agreement in Kenya is required whenever a parent, guardian, or adult student engages a private tutor to provide paid academic instruction, and the engagement is expected to last more than a single session or involves fees above a nominal amount.

A Tuition Agreement is needed when a parent in Nairobi, Mombasa, Kisumu, Eldoret, or any other Kenyan county hires a private tutor to prepare a student for the Kenya Certificate of Primary Education (KCPE) examination or the Kenya Certificate of Secondary Education (KCSE) examination administered by the Kenya National Examinations Council (KNEC). The structured nature of examination preparation — regular sessions, defined subjects, assessment of progress — warrants a written agreement recording the tutor's obligations and the fee structure.

A Tuition Agreement is required when a tutoring centre or academic coaching business in Kenya contracts with parents for a term of tuition covering multiple subjects, a defined number of sessions, and a packaged fee. Without a written agreement, disputes about lesson cancellations, make-up sessions, fee refunds, and academic progress benchmarks are difficult to resolve.

A Tuition Agreement is needed when parents engage a tutor for Competency Based Curriculum (CBC) support, particularly for Grade 4 to Grade 9 learners transitioning through the new curriculum framework introduced by the Kenya Institute of Curriculum Development (KICD) and mandated under the Basic Education Act No. 14 of 2013. CBC assessment is portfolio-based and ongoing, making the terms of the tutor's service delivery particularly important to document.

A Tuition Agreement is required when a university student in Kenya engages a private tutor for undergraduate or postgraduate coursework support, professional examination preparation — such as CPA(K) examinations administered by the Kenya Accountants and Secretaries National Examinations Board (KASNEB) — or language instruction. The agreement records the fee per session, the cancellation policy, and the confidentiality of the student's academic materials.

A Tuition Agreement is needed when a corporate client engages a trainer or tutor to provide in-house professional development sessions, including English language coaching, IT training, or business skills development, to employees in Kenya. In this context, the agreement may also need to address intellectual property ownership of training materials under the Copyright Act No. 12 of 2001.

A Kenya Private Tuition Agreement under the Law of Contract Act Cap. 23 must contain the following elements to be enforceable and practically effective.

Parties and Identification: Full legal names and contact details of the tutor (individual or business entity with its Business Registration Service (BRS) number where applicable) and the client (parent or guardian). The student's name, year of study, school, and subjects requiring tuition should be stated to define the scope of the engagement.

Subjects and Level: The specific subjects to be taught, the curriculum — KCPE, KCSE, CBC (Grade 1 to Grade 9), IGCSE, A-Level, university undergraduate, professional examinations administered by KASNEB, or other — and the academic level. Precision in defining the subject scope prevents disputes about the tutor's obligations and avoids the tutor being required to cover subjects not agreed upon.

Lesson Schedule and Venue: The day(s), time, and duration of each lesson per week; the venue (the student's home, the tutor's premises, a neutral location, or an online platform); and the total number of sessions or the duration of the engagement (term, semester, or open-ended). Where sessions are conducted online, the platform (Zoom, Google Meet, or Microsoft Teams) should be stated.

Fees and Payment Terms: The fee per session or per month stated in Kenya Shillings (KES), the payment method (cash, M-Pesa, bank transfer), the payment due date, and whether the fee is reviewed each term. A cancellation and make-up policy — addressing what happens when the tutor or student cancels a session, whether make-up sessions are provided, and under what notice period — is critical for avoiding fee disputes.

Performance and Progress: The tutor's obligations regarding lesson preparation, provision of study materials, written progress reports, and communication with the parent about the student's academic performance. Where the tutor guarantees a specific grade improvement, the basis and conditions of that guarantee must be stated with care to avoid creating an unenforceable warranty.

Confidentiality and Data Protection: The tutor's obligation to maintain the confidentiality of the student's academic records, personal data, and family information under the Data Protection Act No. 24 of 2019 administered by the Office of the Data Protection Commissioner (ODPC). The tutor must not share student data with third parties without the client's written consent.

Termination: The notice period required by either party to terminate the agreement, the treatment of pre-paid fees on termination, and the circumstances in which the tutor may terminate with immediate effect — such as violent or abusive behaviour by the student.

Governing Law: The agreement is governed by the laws of Kenya, including the Law of Contract Act Cap. 23 and the Consumer Protection Act No. 46 of 2012. The forms-legal.com Kenya Private Tuition Agreement template covers all essential clauses for individual tutors and tutoring businesses operating across Kenya's 47 counties, protecting both tutor and client from common disputes over fees, cancellations, and service scope. Under Kenya law, Section 3 of the Companies Act 2015 (No. 17 of 2015) and Section 15 of the Employment Act 2007 (No. 11 of 2007) govern the core requirements for this type of document. Under Kenya law, Section 24 of the Land Registration Act 2012 (No. 3 of 2012) and Section 25 of the Data Protection Act 2019 (No. 24 of 2019) govern the core requirements for this type of document.