The Elimu Bora Working Group is concerned that despite explicit constitutional and legal provisions declaring basic education free and compulsory, the government still condones illegal levies in primary and junior secondary schools.

As schools reopen tomorrow for the second term of 2025, if the Cabinet Secretary for Education does not act, the parents and students will continue being exploited through these illegal levies.

EBWG conducted a survey that revealed that heads of public schools demand that parents pay illegal fees before children are allowed in school.

The survey was conducted between March and April 2025 and looked at 370 public schools at primary and junior secondary levels. It employed purposive sampling to guarantee that at least one school from each of the 47 counties was included. Parents and guardians provided insights into their experiences.

The survey revealed that the unlawful levies include charges on admission, desks, lockers, books, reams of papers and other stationery, development projects, remedial and extra lessons, co-curricular activities, and examinations.   

Although primary and junior secondary education should be free, the survey revealed that over 90 per cent of schools unlawfully charge admission fees. These fees vary from Sh500 to Sh25,000, particularly in urban areas. Moreover, many schools impose additional charges on parents for desks and lockers, occasionally requiring them to supply the furniture themselves.

For instance, M.M. Shah Primary in Kisumu charges between Sh15,000 and Sh20,000 for admission. Victoria Primary in Kisumu requires Sh13,000 to Sh15,000 for admission, along with an additional Sh5,000 for a locker. In Mombasa, St. Mary’s Primary School charges Sh10,000 for admission and Sh4,500 for a locker. At Kibau Primary and Junior Secondary School in Machakos, parents must pay Sh1,000 for admission and Sh4,000 for desks.

Despite free and compulsory basic education requiring the government to cover textbooks, between 45 and 55 per cent of schools surveyed still charge for them. Some schools require cash payments directly, whereas others provide parents with shopping lists. St. Mary’s Primary School in Mombasa charges Sh6,000 for books in the lower primary, while Taranganya Mixed Junior Secondary School in Migori insists that parents pay Sh1,500 each term. Gukipimo Primary School in Migori demands that parents purchase five specific textbooks every term.

The survey also found that 58 per cent of junior secondary schools and 40 per cent of primary schools impose development levies, which are often labeled as classroom, laboratory, or toilet construction fees. For example, Thome Primary in Kitui charges Sh2,000 per parent, while Taranganya Mixed Junior Secondary School in Migori demands Sh4,000 yearly.

Fees for remedial lessons are also widespread despite such classes being banned. About 89 per cent of schools compel learners to take extra tuition at a cost, especially in upper primary and junior secondary schools. At M.M. Shah Primary School in Kisumu, parents must pay Sh800 monthly in lower primary, Sh1,000 in upper primary, and Sh1,500 in junior secondary school. At Peter Kibukosya Primary School in Nairobi, remedial lessons cost Sh1,000 monthly at all levels.

Even though government funding should fully cover exam fees, approximately 80 per cent of junior secondary schools and 60 per cent of upper primary schools continue to impose them. At Kibisi FYM in Bungoma, parents pay Sh1,000 per term, while those with children at Nyang’iti Primary School in Migori pay Sh150 per exam and Sh2,400 yearly at Victoria Primary School in Kisumu.

Most schools do not provide receipts for these payments, making it difficult for parents to keep records or question the illegal charges.

The impact of these illegal levies is dire: 85.7 per cent of the schools surveyed send learners home if they cannot pay. Many students ultimately dropout, denying them their right to education. About 45 per cent of parents reported knowing children who stayed at home because their families could not afford the illegal fees. The risk of dropout was higher in junior secondary schools than primary due to the increasing unlawful costs.

These findings indicate that underfunding, poor monitoring, and lack of enforcement have produced an unjust education system in which families are compelled to pay for what ought to be free.

According to Article 53(1)(b) of the Constitution and the Basic Education Act (2013), every child has the right to free and compulsory basic education. Section 32 of Basic Education Act outlaws charging of admission fees. The government has a duty to protect these rights and punish school heads who demand illegal payments.

Because of this, the Elimu Bora Working Group demands the following actions:

1. The Cabinet Secretary for Education must stop all illegal levies and protect parents and guardians from further exploitation. The CS must also take stern action against any school heads and county directors of education found culpable of enforcing illegal levies.
2. All parents must stop paying illegal fees.
3. All students sent home for not paying unlawful fees must be permitted to return to class unconditionally.
4. All schools must publicly display approved fee schedules (capitation only), with penalties for non-compliance.
5. The William Ruto regime must stop pushing for the privatization of education and instead adequately fund public schools, covering basic needs, learning materials, and activities.

Contrary to President William Ruto’s remarks at Sagana State Lodge on March 31, 2025, that the court of appeal found the new university funding model constitutional and lawful, the Elimu Bora Working Group (EBWG) clarifies that this was a misrepresentation of the court ruling.

The court of appeal has not overturned high court judge Chacha Mwita’s judgement that declared this funding model unconstitutional, despite widespread misinformation from Ruto suggesting otherwise.

The court of appeal, through a ruling on March 26, 2025, only allowed conditional implementation of the model pending the final judgment of the appeal. The conditions for a stay of execution pending the appeal are that:

1. The government was ordered to create and publicize an appeals mechanism for aggrieved students within 14 days.
2. The conditions mandate full transparency about the contingent nature of current funding arrangements. The order explicitly requires the Higher Education Loans Board (HELB) and the Trustees of the Universities Fund to inform those who apply and receive funding that the funding is under court challenge and may change in the future depending on the outcome of the appeals.
3. The intended appellants were granted 14 days to file their appeals.

This stay of execution comes with specific conditions that government agencies, including HELB and the Universities Fund Kenya, must strictly follow.

We condemn in the strongest terms Ruto’s misleading statements claiming victory for the state’s push to implement this harmful funding model, which directly contradicts the court’s actual ruling.

Such pronouncements from the highest office misrepresent facts and dangerously encroach upon judicial independence at a critical moment for Kenya’s education system.

Ruto must respect the separation of powers and refrain from interfering with ongoing judicial processes determining access to higher education.

According to the court of appeal, the appeal will be listed for a priority hearing in the second term of this year. No final decision has yet been rendered on the constitutionality of the funding model.

We must all correctly interpret the court’s order as a temporary compromise arrangement, not a validation of this exclusionary funding scheme.

The funding model, stripped of government propaganda, represents nothing less than a dramatic increase in higher education costs that puts university degrees beyond the reach of many deserving students.

This model fundamentally threatens the constitutional right to accessible education and reverses decades of progress toward educational equality in Kenya.

The High Court correctly recognized these dangers when Justice Mwita declared the model unconstitutional on December 20, 2024. We wholeheartedly support this judgment and will continue to defend it through all available channels.

We remind all Kenyans that this model was implemented without proper public participation and fails to address the needs of students from disadvantaged backgrounds.

The court’s requirement for an appeal mechanism acknowledges the inherent flaws in the current categorization system.

Despite ongoing legal challenges, Kenyan students must remain vigilant against the government’s persistent attempts to implement this exclusionary model.

All students should understand that under the court of appeal’s order, any funding received through this model is explicitly conditional and subject to change based on the final court determination.

We urge students to document any challenges they face under this system and prepare to utilize the mandated appeals mechanism when it becomes available within the next week.

As per the court's directive, we expect full compliance from the parties concerned and trust that the court will facilitate close monitoring, particularly regarding establishing the appeals mechanism within 14 days and ensuring transparency with students about the conditional nature of the funding.

We call upon all progressive voices in Kenya’s education sector—students, parents, teachers, academics, civil society organizations, and concerned citizens—to join this crucial struggle for educational justice.

The future of Kenya’s next generation depends on our collective ability to resist policies that commodify education and restrict opportunity based on economic status.

Together, we can ensure that the constitutional promise of accessible education remains a reality for all Kenyans, regardless of their background or financial circumstances.

The Elimu Bora Working Group is concerned that the education sector in Kenya is on a downward trend. Almost every pillar guaranteeing inclusive, free, quality public education has been destroyed.

Of urgent concerns are the transition to Grade 9, inadequate funding of education at basic and tertiary levels, wastage of public funds and exploitation of students and parents, and poor policy implementation in the education sector.

Transition to Grade 9

It has become apparent that characteristically, the ministry of education has exhibited poor planning and ill-preparedness to manage the transition of junior secondary school students from Grade 8 to 9 in 2025.

Government funding for building Grade 9 classrooms in junior secondary schools has left many institutions out. Nearly five out of every six schools have been excluded, supposedly because the national government’s constituency development funds had already supported them.

Of the 80,000 JSS teachers indicated by TSC to have been recruited, the proportion per school is low and incapable of easing the pressure on teachers to cover all subjects. On average, the schools have three JSS teachers per institution.

The teaching and learning materials, including teaching guides and student textbooks, are inadequate and overpriced. Libraries, laboratories, workshops, and sports support facilities have yet to be developed.

Funding of education at basic and tertiary levels

Despite the constitution’s clear guarantee of the right to education for all, and free and compulsory basic education for every child, financial barriers are increasingly obstructing access to this right.

The constitution also assures that individuals with disabilities have the right to access integrated educational institutions and facilities. The state is required to take measures, including affirmative action, to ensure access to relevant education, training, and employment. Yet, these individuals continue to face challenges due to erratic policy decisions and poorly implemented programs.

The Basic Education Act of 2013 prohibits collecting tuition fees in public schools so that no parent or guardian can be charged for their child’s education. However, in practice, hidden costs, including admission and tuition fees, continue to burden students and their families, contrary to the law.

At higher level, students in TVET institutions and public universities have faced arbitrary fee demands, even beyond the scope of the Higher Education Loans Board Act. This has sparked outrage, culminating in a High Court decision on December 20, 2024, which declared the new university funding model discriminatory and unconstitutional. Efforts by the government to appeal this verdict further undermine students’ right to access quality education and training.

Wastage of public funds and exploitation of students and parents

According to the Auditor-General’s audit report, public schools have been cited for misusing funds allocated for education, sometimes diverted to private use. Meanwhile, many students are regularly sent home over fee arrears. Those who fail to settle their fees face frustration when attempting to clear their exit, as their academic documents are withheld.

Poor policy implementation in the education sector

Even though there are clear legal provisions, including the Basic Education Regulations and the Education Standards and Quality Assurance Regulations, poor implementation of policies and laws leaves students vulnerable and compromises educational quality.

Although courts have ordered the establishment of the Standards and Quality Assurance Council to enforce education standards and quality, this order has not been implemented. The council is intended to oversee standards in basic education institutions, administer policies and guidelines, supervise curriculum delivery, monitor assessments and examinations, and evaluate the quality of services provided by the education ministry, semi-autonomous agencies, and commissions involved in basic education.

EBWG calls for the government to:

1. Set up immediate support for Grade 9 students to help them prepare for senior school.
2. Make free, quality education accessible to all leaners, starting January 2025.
3. Ensure parents and guardians do not pay tuition or admission fees.
4. Stop school heads from misusing and wasting public funds in education institutions and recover the misused funds as identified by the Auditor-General.
5. Quickly establish the Standards and Quality Assurance Council to uphold education standards.
6. Restore integrity in exams, starting with the release of the 2024 KCSE results.
7. Enable students choose courses and enroll in schools, colleges, and universities based on merit, not their ability to pay.

On September 16, President William Ruto appointed a 129-member national committee to review the new university funding model, which has sparked outrage and prevented hundreds of thousands from accessing education.

The Elimu Bora Working Group opposes this appointment, arguing that the current regime is attempting to buy time, weaken the opposition, and avoid delivering meaningful education reforms.

Previous regimes have employed similar tactics by forming commissions of inquiry to calm public dissent. However, despite the solid recommendations from some of these commissions, no significant outcomes were realized, as the regimes failed to implement them.

We don't need a committee to confirm that the new university funding model is terrible and hurts our children. We have seen its devastating effects right before our eyes.

In 2023, nearly 600,000 eligible students skipped university placement, with over 23,000 meeting university entry requirements but choosing not to apply because the model made education unaffordable.

Additionally, 136,592 students were eligible for diploma courses, and 249,149 qualified for certificate programs but could not pursue their education due to the unaffordable funding bands in which they were placed.

These figures evidence the widespread uncertainty and doubt caused by the new funding system. We don't need a committee to halt this model—the Ministry of Education can end this crisis with a simple stroke of the pen.

The Elimu Bora Working Groups demands that:

1. The Ministry of Education should revert to the old university funding model, allowing hundreds of thousands of students locked out of education to resume their studies. Our students should not be subjected to experimental policies that jeopardize their education.
2. President Ruto should de-gazette the 129-member committee and allow the old university funding model to take effect.

The Elimu Bora Working Group expresses its heartfelt condolences to the families and loved ones of the children who tragically lost their lives in the fire at Hillside Academy. No family should have to endure the sorrow of losing a child in such a manner, and no child should go to school only to face preventable dangers.

This tragedy, which claimed the lives of 21 students as of September 10, 2024, shows the inadequate safety standards prevalent in many schools, especially in boarding institutions. These deaths directly result from systemic failures by those responsible for ensuring that schools provide safe and conducive learning environments for learners and teachers.

The government's response has also been woefully insufficient. Instead of urgently addressing school safety issues, the Ministry of Education has focused on delivering maize and beans to affected schools and convincing parents to send their children back. This response shows a lack of understanding of the gravity of the loss and a disturbing disregard for the safety and well-being of our students.

The tragedy is consistent with past disasters in which lives were lost and wanton injuries witnessed. It happened at St. Kizito Secondary School in Tigania (1991), Bombolulu Girls' Secondary School (1998), Nyeri High School (1999), Kyanguli Secondary School (2001), Endarasha Boys' High School (2010), Asumbi Girls' Boarding Primary School (2012), and Moi Girls' High School (2017). Investigative reports consistently cited negligence by responsible parties, yet recommendations were mostly ignored, allowing the tragic loss of life to continue.

The blame for this disaster rests squarely on the individuals—including Education Cabinet Sectary Migos Ogamba and Principal Secretary Belio Kipsang—and institutions that failed to fulfil their responsibilities. Those responsible for inspecting the school and ensuring safety standards must be held accountable.

Considering this, the Elimu Bora Working Group calls for the following actions:

1. Education CS Ogamba, PS Kipsang, and the Ministry’s Quality and Standards Assurance Team in Nyeri must resign and take full responsibility for this disaster. These officials failed to protect our children, yet they are entrusted with ensuring that schools across Kenya are safe.
2. The administration of Hillside Academy must be held accountable for the students’ deaths that happened under their watch.
3. The Ministry of Education and the administration of Hillside Academy must proactively provide parents with all relevant information concerning the tragedy, including the students' safety and whereabouts.
4. Elimu Bora and the Kenya Human Rights Commission (KHRC) are preparing to file a legal challenge against those whose negligence and failure to enforce proper safety standards led to the deaths of these students. We will not rest until justice is served.
5. Safety conditions in all schools, particularly boarding institutions, must be reviewed nationwide. This review must be followed by strict enforcement of safety regulations to prevent future tragedies.

Students are set to return to school tomorrow, but there’s no assurance that all will make it to class. The new education funding model has already locked thousands of learners out of quality education, and the impending teachers' strike threatens to worsen the situation.

Kenyans rightfully aspire to quality and accessible education, but the current funding system deepens socioeconomic inequality. That’s why, on October 13, 2023, the Elimu Bora Working Group, Kenya Human Rights Commission (KHRC), and the Students’ Caucus took legal action to dismantle this unjust model.

Despite raising critical concerns, which are evident as countless students struggle to access education, bureaucratic red tape has delayed the case’s hearing, with a mention set in November this year, more than a year since the petition was filed. For a matter so crucial to the integrity of Kenya’s education system, the courts must act with the urgency it demands by giving an expedited hearing.

Kenya should know that our education sector took a tragic turn the moment the government introduced a new education funding model, also known as the Variable Scholarship and Loan Funding (VSLF) model, on May 3, 2023. The model started forcing students to individually apply for loans and scholarships, with eligibility determined by a flawed Means Testing Instrument (MIT).

While intended to categorize students based on need, the instrument lacks a scientific basis, excluding many young people, especially those under 18. The alarming number of students unable to secure loans or scholarships highlights a funding model that was poorly conceived and fails to protect young people from systemic exclusion—a persistent feature of Kenya’s governance.

The problem is so dire that the government has recognized that many students cannot access financial assistance and urged them to report to universities and colleges, promising they will be allowed to attend classes without upfront payment. However, this is setting students up for failure. University policies still require partial fee payment for course registration, meaning many students will be barred from attending classes, just as happened last year when similar promises were made, and many students were ultimately forced to drop out.

Consolidation of bursaries

We all envision a country where quality education is accessible to everyone, regardless of socioeconomic status. That is why The Elimu Bora Working Group supports the consolidation of bursaries and calls for the establishment of a National Education Fund to centralize all education sector funds, including the consolidated bursaries. With proper governance, this fund could be a foundation for building a future where no Kenyan is required to pay privately for education at any level.

Teachers’ strike

Adding to the crisis of the funding model is the looming teachers' strike. Having already lost valuable time to floods, a strike would further disrupt learning. The government, through the Ministry of Education, must act swiftly to avert this disaster by engaging teachers in honest dialogue and offering practical solutions to their collective bargaining agreements. It is the government's responsibility to honor CBAs and prevent this crisis. The ball is in the government’s court to meet the teachers' demands and ensure that learning continues uninterrupted.

Editor's note: You can read this report here: Impact of 2024 floods on schools

In June this year, the Elimu Bora Working Group (EBWG) conducted a rapid survey to assess the impact of the 2024 floods on schools across Kenya.

The survey, covering 60 schools in nine counties, revealed significant challenges in the education sector following the disaster.

These counties were studied and revealed deadly impact of the floods: Nairobi, Kiambu, Kisumu, and Busia. Others were Homabay, Baringo, Nakuru, Tana River, and Kilifi.

The survey's key findings painted a troubling picture of the post-flood educational landscape: more than 62 primary schools were submerged, putting 15,000 students at risk of missing school; 34 cases of cholera were reported along the Tana River; and over 20,000 toilets were damaged by the floods.

The surveyed schools experienced a nine percent decrease in overall student population, with female students and those with special needs disproportionately affected.

There was widespread infrastructure damage that left many schools with non-functional facilities.

Some buildings remained unsafe but were occupied due to lack of alternatives.

Most schools were found to lack proper disaster response and coordination frameworks, hindering effective crisis management.

Alarmingly, less than 20 percent of schools surveyed received financial or material assistance for reconstruction or repairs from the government.

Many students returned to school weeks late due to impassable roads, causing them to fall behind in their studies.

Some schools had collapsed latrines and damaged water sources, which posed serious health risks to students and staff.

Additionally, the schools failed to incorporate necessary mental health and psychosocial support for affected students, teachers, and staff.

In the study, EBWG recommends for the:

1. Development of comprehensive emergency and disaster response strategies for all schools, involving all stakeholders.
2. Implementation of flood mitigation measures, including proper drainage systems and elevated construction.
3. Establishment of a structured school infrastructure development, improvement, and maintenance program.
4. Implementation of a collaborative, multi-stakeholder recovery approach after disasters, incorporating flood mitigation measures into physical planning systems, and developing ongoing training and capacity development programs focused on disaster preparedness, prevention, response, and mitigation.

The Teacher Service Commission (TSC) has fired 746 junior secondary school (JSS) teachers for demanding permanent employment.

TSC considers them interns despite a court ruling that they are qualified and possess teaching licenses, making them eligible for permanent positions.

JSS leadership claims the number of those dismissed could be higher.

JSS teachers protested for several weeks across the country, urging TSC to implement the court's decision, which was made on April 17, 2024.

Judge Byrum Ongaya of the Employment and Labour Relations Court found that TSC had erred by employing them as interns.

The court, however, set its ruling aside until August 1, 2024, to allow TSC time to implement transition measures.

The teachers grew agitated because TSC was not progressing on the court's directive, fearing the decision would not be implemented, especially since a media report indicated that TSC had appealed it. Several attempts by the JSS teachers to engage TSC have been ignored.

The National Assembly education committee also supported permanent employment for JSS teachers. In May 2024, the Committee Chair, Julius Melly, informed the budget and appropriations committee that Sh8.3 billion had been allocated to employ 26,000 intern teachers on permanent terms starting in July.

Despite TSC's appeal, the mass sacking of teachers is illegal. The teachers' protests aimed to pressure the government to make their employment permanent and pensionable. TSC's actions discriminate against and criminalize the right to protest.

The conditions for these teachers are dire: they are overworked, underpaid, and often required to teach multiple subjects far beyond their scope.

Many have served as interns for at least a year. Furthermore, although their contracts labelled them interns, they were taxed as if on permanent terms, adding to their frustration.

The Elimu Bora Working Group (EBWG) demands that TSC immediately reinstate the teachers. TSC should stop any further recruitment of teachers on an internship basis.

Kenya is already facing a teacher shortage, and firing them could further affect the quality of education and undermine the teachers’ economic status. If TSC fails to reinstate them, the group plans to take legal action.

We are facing a crisis - our children's education is crumbling right before us, and it is happening fast.

President William Ruto's administration has perpetuated the trend of neglecting public education, following in the footsteps of previous regimes. Under Ruto’s watch, public education has deteriorated further.

Ezekiel Machogu, the Education CS Ruto appointed, is not the right person for the job. He is driving our education sector into the ground.

The situation could worsen with widespread irregularities in national examination results, inadequate school infrastructure, protesting Junior Secondary School (JSS) teachers, withheld capitation fees, and indecisiveness in communicating when the second term should resume due to floods.

Machogu should not face the consequences of this mess alone. The fish rots from the head—and we know who the boss is, Ruto.

The Elimu Bora Working Group (EBWG) now demands the following to save the future of our children:

1. Machogu must resign immediately.
2. The government must allocate resources to fix flood damage to schools, ensuring our children's safety and allowing them to resume learning.
3. The Ministry of Education must immediately release all the capitation money it owes to schools, allowing them to operate optimally.
4. JSS intern teachers must be employed permanently and given pensions, as ordered by the court, to avert a looming strike. Parliament must allocate funds for this.

President Ruto, if you can't lead Kenya effectively, step down.

ISSUED ON TUESDAY, JANUARY 17, 2023

Kenya has seen several reforms in its education system ever since the post-independence era. Starting with the Ominde Commission of 1964 that sought to establish an education system that would foster national unity and create sufficient human capital for national development in the wake of huge challenges brought about by colonization, to the Gachathi Report of 1976 that saw the birth of the Kenya Institute of Education among other developments. Further reforms were witnessed in 1981 when the then Presidential Party proposed the abolition of the 7-4-2-3 system and in its place the 8-4-4 system was born. There have been many other reforms in between but it is the 8-4-4 system, that has been around for more than three decades, that the Competency-based Curriculum (CBC) sought to overhaul in 2017 with the introduction of the 2-6-6-3.

Notably, the intentions of these reforms were progressive especially towards curbing a growing culture where cut-throat competition was the order of the day, oftentimes pushing parents and learning institutions to extreme lengths to stay at the top of the rank. However, the rush to implement this new system has done more harm than good in the wake of a grossly damaged education sector, deeply confused parents and learners and has left more questions than answers. Could the Ministry of Education have been used for political expediency at the expense of learners? Who is the actual beneficiary of this rushed implementation?

Granted, the right to education is a fundamental human right as provided in the Constitution of Kenya (CoK) and international human rights instruments including the Universal Declaration of Human Rights. It remains indispensable for the exercise of other rights and is the single most powerful tool that lifts socially excluded human beings from poverty into more dignified lives in the society. We shall not watch as education is subjected to ping-pong play with learners being used as pawn for whatever reason.

We, the Elimu Bora Working Group, guided by international human rights standards envisage a sector that conforms to the following principles: Quality, inclusive, accessible, affordable and equitable.

The Universal Declaration of Human Rights stipulates that education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. And that parents have a prior right to choose the kind of education that shall be given to their children. However, what we see today is far from what international standards require, as described below:

PERSISTING CHALLENGES

• Rushed implementation of new education system

The implementation of the CBC education system that was rolled out in 2017 has been seen by many as a case of putting the horse before the cart.

The Teachers Service Commission (TSC) advertised on various dates in December 2022 the process of recruitment and transfer of teachers. A total of 30,000 teachers are to be recruited within this month with 22,000 of them being recruited as intern teachers. Only 8,000 teachers will be placed on permanent and pensionable terms. We note that the process of recruitment is too little too late as the school calendar resumes on 23^rd January. Is there enough time to train the 30,000 on the new education system bearing in mind that most of the currently engaged teachers do not fully understand and embrace the new system? What is the level of teacher preparedness especially those who will be deployed to teach in Junior Secondary Schools (JSS)? Further, we note that recruitment of teachers as interns whereas there are hundreds of fully trained teachers who have undertaken teaching practice is a bad labour practice hell-bent on denying these category of employees certain benefits.

The interim report of the Presidential Working Party on Education Reforms, recommends among other things, that primary schools and neighbouring secondary schools will share laboratories and other facilities in the Junior Secondary Schools. Elimu Bora Working Group dismisses this recommendation as hot air considering that the actual distances to neighbouring schools could be much longer than imagined. It is likely that the cost of transporting learners from one school to another will be pushed down to parents and guardians. It also cannot be ignored that Covid and general school security concerns do not allow for the proposed walk-in and walk-out. Further, even most of the existing secondary schools especially in rural and arid and semi-arid areas are poorly equipped and therefore unable to effectively accommodate the JSS learners.

The implementation of CBC makes too many assumptions. With only 13 days to go for JSS to kick off, a lot remains to be done. There’s need, for instance, to harmonize school management of primary schools and JSS to avoid conflict and ensure smooth running of the institutions. Noteworthy, parents need full and timely information on the JSS  to enable their preparedness around school fees, uniforms and other attendant requirements.

• Ill-preparation to deal with emerging issues

The Ministry of Education has remained ill-prepared to respond to emergency situations including health pandemics as was experienced during the Covid-19 epidemic, which hugely exposed the soft underbelly of Kenya’s education system. In just one year of experiencing the pandemic, around 17 million learners and more than 320,000 teachers were affected by the closure of 30,000 primary and secondary schools in 2020. There were efforts to introduce virtual learning, but these were only successful in private schools; most of which took advantage of the pandemic to extort parents through unreasonably high charges. Notably, the virtual learning revealed a significant digital divide, with more than 50% of learners being left out owing to lack of access to electricity and appropriate electronic devices as well as poor internet connectivity.

• Safety and security of learners in schools

Kenya’s education institutions has been riddled with a devastating criminal pattern of arson attacks for close to 30 years now. The deadliest arson attack was witnessed 2001 when a raging fire swept through an overcrowded dormitory in  Kyanguli Secondary School killing 67 boys who were trapped inside the dormitory. In 2017, 10 girls died in a school fire at Moi Girls High School in Nairobi. More than 20 years later, this barbaric and criminal culture is yet to be tamed. The last two years have seen a growing and worrying trend of arson attacks by learners in boarding schools with an average of three attacks being reported in a week. While these have been blamed on pressure exerted on learners by an intensified curriculum brought about by closure of schools during the Covid lockdown, the pattern speaks of the degeneration of the social fabric and the emergence of criminals within learning institutions.

We note with great concern that many schools have failed to guarantee the safety and security of learners, leading to many appalling and senseless deaths, as seen in the following select cases:

• The mysterious death in 2022, of a Form Three student whose lifeless body was discovered on the banks of a shallow river about 300 meters from the school. The student of Nyakemincha Secondary School had been last seen alive at the school during the personal morning devotion before attending the Catholic mass.
• Still last year, the lifeless body of Jane Waruguru, an autistic Grade One pupil at Buruburu 1 Primary School was found floating in the school’s swimming pool.
• Within the same year, two KCPE candidates from Comejuu Premier Academy drowned in Theta Dam during a school excursion to Kinare Forest.
• In June 2022, a Form Four student died in mysterious circumstances after coming from a basketball game. It is reported he told his friends that he was unwell but his parents accused the school administration of denying the boy a chance to visit hospital when he was clearly on brink of death.
• In 2019, Clifford Otieno, a Standard Four pupil at Nairobi River Primary School, died in mysterious circumstances and his body found floating in the school’s swimming pool. A post-mortem report by government pathologist Peter Ndegwa said there were ‘features consistent with drowning.’
• The death of a Form One student, Ebby Noelle Samuel, at Gatanga CCM, now St. Anuarite Gatanga Girls High School, in 2019, following alleged severe assault by the then Deputy Principal on grounds of a hairstyle that was contrary to school regulations. The autopsy revealed that Ebby suffered internal bleeding leading to her death after she was hit with a blunt object on her forehead.

• Lack of political accountability and goodwill

Additionally, we are equally concerned that the following issues raised by Education stakeholders and which formed critical parts of interrogation by parliament at the onset of the CBC have never been answered conclusively to date:

• Expected outcomes of the change in curriculum
• Core prerequisite to roll-out and implementation including costing of the proposed curriculum, matrix and timelines
• Examination and assessment imperatives including levels at which different types of examination will be administered in the basic education under CBC
• Pilot study of the CBC implementation, challenges and lessons learnt and where captured (does the Summative Evaluation report exist?)
• Progression Pathways (link between CBC, TVETs and University Education)

Already if we are experiencing challenges at the primary level, what will happen at other levels?  Again, several Public Universities are facing serious financial constrains e.g  Egerton University which risks sacking its lecturers.

 We are also concerned about the haphazard proposal by the regime to close the Higher Education Loans Boards(HELB)  and other agencies and replace them with a joint institution without  the requisite sequencing and stakeholder consultations and engagements. 

Finally, while spaces and supports  for students, teachers and lecturers continue to wane,  state institutions responsible for matters education  have increasingly become unaccountable.  It is quite unfortunate that most of the ongoing reforms including the CBC process have limited regards to the rights and well-being of students living with disabilities.

WE DEMAND THAT;

• The government steps up to its cardinal responsibility to provide to her citizens education of quality, inclusive, affordable, equitable and lifelong learning for responsible and productive citizenship. The government must protect, respect and fulfill the right to education.
• The MoE must ensure effective and wide-ranging consultation with all relevant players in the education sector, including civil society organisations as well as meaningful public participation in line with article 10 of the CoK.

The rush and confusion in the implementation of the CBC education must end forthwith and effective measures put in place to ensure education remains accessible and relevant.

• The MoE, working with the relevant agencies, strengthens curricula to include life skills and other key competencies such as national values and principles of respect for human rights, fundamental freedoms and civic responsibilities.
• The Teachers Service Commission (TSC) must ensure timely recruitment, training and deployment of qualified teachers as well as promoting their continuous professional development with emphasis on instilling core human rights values, results and accountability to learners.
• The government must ensure more allocation of resources to all educational institutions at all levels and the protection of the students living with disabilities among other vulnerable groups.
• TSC must ensure teachers are well remunerated for the noble work they undertake. We note that the government has been unwilling to meaningfully improve salaries for the teachers and lecturers, leaving them no option but to undertake multiple jobs to make ends meet.
• We demand increased public scrutiny and accountability for all institutions governing the education sector. The Presidential Working Party on Educational Reforms must ensure that all its reports are accessible to the public.

OUR COMMITMENT:

Elimu Bora is working on a comprehensive report mirrored on the above human rights standards and TORs of the working party to illuminate the key issues on the way forward of CBC and education at large. We shall also address issues of  education financing, accountability  and quality in a more critical way.

……END……..

Members of Elimu Bora Working Group includes but not limited to: Kenya Human Rights Commission(KHRC), Uraia Trust, Elimu Tuitakayo, Forum for African Women Educationists(FAWE), Constitution Reforms Education Consortium(CRECO); African Population Council(APC); National Students Caucus, Kenya National Interface Team(KNIT); Institute for Economic Affairs(IEA); (Universities Academic Staff Union(UASU) among others.