Education is a human
right. The Constitution provides for it in Article 43 as a socio-economic right
and more importantly in Article 53 where free and compulsory basic education is
an immediately realizable right for every child in Kenya.
The Constitution which
reflects the aspirations of Kenyans in letter and spirit envisages education as
playing a very important role in our society. Kenya’s Vision 2030 – our
development blue print, has gone a step further according education its
rightful status as a foundation for national transformation. The Medium term
plans which implement this blue print are therefore important for monitoring
and evaluating progresses made towards observing, respecting, protecting,
promoting and fulfilling this very important right. The state cites that an
achievement of the first Medium Term Plan (MTP 1) was that the transition rate
from primary to secondary education increased from64.1 % in 2008 to 73.3 % in
2011 - progress worth noting and appreciating.
It is however
important to examine the whole sector to ensure that the progresses are
universal and that no part of the country remains unchanged as far as education
is concerned.
Worth noting is that
for the first time in Kenya’s history there is real public discussion on what
ails the education sector. The Jubilee Government’s laptop project election
pledge though largely – and rightfully criticized, importantly sparked real
discussion on what aspects of Kenya’s education sector are in “intensive care”.
Teacher absenteeism
in public schools is said to be a staggering 30 percent according to a USAID
report - major concern. This adds to the deficits in the number of teachers
needed across the country. Lack of schools,and classrooms that are in
deplorable – hazardous conditions is a feature of many public schools.
Recently, the Ministry of Education drafted regulations that among other things
propose creation of public schools only in areas where none existed and merging
of schools where there is a low learner enrollment rate. The Basic Education Act
requires the Cabinet Secretary to come up with and promulgate standards and
norms on what a school should look like and should have. This has not been
done. In the meantime schools continue to sprout that hardly meet the minimum
requirements seen in other parts of the world.
Public Private
Partnerships (PPPs) have seen an increase in the number of private schools.
These fill an important gap where public schools lack or where the standards in
these schools are alarmingly low. Recently, the UN Committee on the Rights of
the Child (CRC) put the governments of Morocco and Ghana to task over the
increased privatization of education leading to a proliferation of so-called
academies. The Committee is concerned over the negative consequences of the
States’ abdication of the responsibility of being the primary providers of education.
These countries have a year to respond to these concerns. Kenya is likely to be
put on the spot soon. These academies have unqualified underpaid teachers,
occupy tiny residential buildings and charge parents a lot of money.
Devolution has also introduced
a different kind of debate as far as education is concerned. Early Childhood
Education(ECD) has long been neglected. These lacked teachers – properly
trained, and facilities. The formative years of a child’s development are
critical. It is unfortunate that the government has invested so little in ECDs.
It is now a devolved function alongside the so-called village polytechnics
(TVETS). There is already debate about who should be in charge of hiring
teachers to these institutions. The debate completely digresses from the reason
why it was seen as important to invest in ECDs – our children continue to
receive substandard services.
Courts too have
weighed in on the discussion on issues affecting the education sector. They
have handled cases touching on government obligations toward children in
private schools, accountability at national, county and school level, education
and religion, single sex schools and high school fees. While the progresses are
small, the courts have importantly recognized education as a human right and
urged government to take deliberate, clear and specific measures to realise
this right.
The task-force on
school fees report recently handed to the President recommends among other
things the elimination of measures that discriminate against the poor especially
unnecessary levies, ranking of schools and inequitable system of admission to
secondary and university education. The report sets 2015 for the roll out of
free secondary school education.
Only if this happens can we then say that we appreciate the role of education
as a foundation to the pillars that support Kenya’s development to
middle-income status.
This piece was read as a panel presentation during a breakfast meeting hosted by EACHRights to take stock of the state of education in Kenya.
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