The law governing free and compulsory basic education in Kenya is the Basic Education Act No. 14 of 2013. The same has now been amended by the Basic Education (Amendment) Act No. 17 of 2017. The Act came into force on the 7th day of July 2017 and particularly amends sections 39 and 88 of the Basic Education Act by providing for sanitary towels for the girl child who has reached puberty and is enrolled in a public primary school.
The law now reads in Section 39 that it shall be the duty of the Cabinet Secretary to provide free, sufficient and quality sanitary towels to every girl child registered and enrolled in a public basic education institution who has reached puberty and provide a safe and environmentally sound mechanism for disposal of the sanitary towels.
In Section 88 it now provides that before the commencement of each financial year, the Cabinet Secretary shall cause to be prepared estimates of revenue and expenditure of the department for that year. The annual estimates shall make provisions for all the estimated expenditure of the Department for the financial year concerned and in particular shall provide for conditional capitation funds to facilitate the acquisition of sufficient and quality sanitary towels to every girl child registered and enrolled in a public basic education institution who has reached puberty.