The Elimisha Mwanachi Initiative recently took legal action against the Ministry of Education, filing a petition at the Milimani Law Courts to address the delayed release of school funds .
Led by Executive Director Daniel Ndung’u Wangenye, the initiative argues that the prolonged withholding of these funds constitutes a violation of learners’ fundamental right to education.
Wangenye emphasizes the severe repercussions of delayed funds, stating that it has precipitated a financial crisis within schools, severely compromising the effective delivery of the curriculum. This crisis, he asserts, directly impedes the smooth operation of educational institutions and undermines efforts to ensure universal access to quality education.
Central to the petition’s argument is the staggering debt accrued by the Ministry of Education, amounting to Sh54 billion by the close of 2023, as revealed in a report by the Kenya Secondary Schools Heads Association (KESSHA). The initiative contends that this substantial debt not only underscores the magnitude of the issue but also underscores the systemic failure to prioritize and uphold the right to education as enshrined in the constitution.
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Moreover, Wangenye invokes Section 29 of the Basic Education Act, which unequivocally mandates free tuition in public schools, thereby emphasizing the legal obligation to ensure access to education without financial barriers. By failing to adhere to these statutory provisions, the Ministry is accused of disregarding its constitutional duty to safeguard and promote the right to education for all Kenyan children.
In addition to seeking redress for the delayed disbursement of funds, the petition asserts broader systemic failures within the education sector. It contends that the Ministry’s failure to facilitate a seamless transition of learners to secondary education further exacerbates the infringement on children’s right to free and compulsory basic education.
The intervention of the judiciary, through High Court Judge Justice Lawrence Mugambi, signals a crucial step towards addressing these systemic challenges. While Basic Education Principal Secretary Belio Kipsang has pledged to release Sh16.25 billion in capitation for Free Secondary Education, the legal proceedings underscore the imperative of ensuring sustained accountability and compliance with constitutional mandates to guarantee every child’s right to education.