Article 53(1)(b) of the Constitution guarantees every child the right to free and compuls…

Motion text

THAT, aware that, Article 53(1)(b) of the Constitution guarantees every child the right to free and compulsory basic education and Article 21(2) obligates the State to take legislative and policy measures to ensure the progressive realisation of socio-economic rights which includes the right to education under Article 43(1)(f); further aware that, the Basic Education Act, Cap. 211, obligates the State and school administrators to ensure equitable access, retention and completion in basic education, and prohibits administrative barriers that exclude learners; noting that, the Children Act, Cap. 141, requires the best interests of the child to be the primary consideration in all actions concerning children, including in education; recognising, Kenya’s international and regional obligations under Articles 2 and 28 of the United Nations Convention on the Rights of the Child, Article 13 of the International Covenant on Economic, Social and Cultural Rights, Article 11 of the African Charter on the Rights and Welfare of the Child and the United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention against Discrimination in Education, which require States to ensure education is accessible, non-discriminatory, and free from economic or social barriers; concerned that, certain administrative practices in schools, particularly compulsory sourcing of uniforms from designated outlets, exclusion of learners for inability to pay for school feeding programmes, remedial class charges or other non- statutory levies, have the effect of imposing economic and administrative barriers and in some instances creating possible avenues for abuse of office and improper financial benefit; now therefore, this House resolves that: 1. All basic education institutions shall allow purchase of school uniforms from the open market, as long as they generally conform to the school design and standards and further that any attempt to monopolise, control or otherwise influence the supply of school uniforms is unlawful; 2. All learners shall have uninterrupted access to school regardless of inability to pay for school feeding programmes, remedial charges, development levies or any other charges not expressly provided for under the Basic Education Act or any other regulation approved by the Cabinet Secretary responsible for Education; 3. The Cabinet Secretary responsible for Education, in consultation with the Teachers Service Commission, shall within ninety (90) days: (i) develop a comprehensive regulatory and enforcement framework, including monitoring mechanisms, a complaints & redress system for parents and learners, as well as a nationwide public awareness programme to ensure full compliance; and (ii) provide that any person or institution, action or policy that violates this resolution shall be subject to disciplinary action under the relevant statutes including the Teachers Service Commission Act, the Basic Education Act, the Children Act and the Ethics and Anti-Corruption Commission Act.