Students inside a Free Computer Education Bus in Mathare. The bus which
is the only one of its kind in the country offers computer lessons to
the youths in slums within the city and is an inititaive of the Craft
Silicon Foundation. Photo/FILE
The government has been sued for charging fees in primary and secondary schools.
In a case certified as urgent parents want declaration made that the levies are illegal.
"The
new constitution provides for free basic education...there is nothing
like payments to be made, the education act makes it criminal for
schools to ask for levies," Mr Musau Ndunda, secretary general of the
Kenya National Association of Parents said.
Education
Cabinet Secretary Jacob Kaimenyi, Principal Secretary Belio Kipsang,
Teachers Service Commission and the Attorney General have been given two
weeks to respond to the charges.
"By its nature this
application is urgent and all parties named herein must file responses
within 14 days," Justice Mumbai Ngugi said.
He asked
court to issue orders against the charging of fees and other levies "as
opposed to the Basic Education Act 2013 number 14 section 29".
"All illegal levies in all the school fees structures be nullified pending the outcome of the case," Mr Ndunda said.
Mr Musau has accused the government of reneging on its pledge to provide free basic education.
RIGHTS VIOLATION
"The
violation of the constitutional rights of the child to free and
compulsory basic education cannot be realised unless they are compelled
to follow the regulations," he said.
He further accused
the Education ministry of failing to ensure effective and efficient
management of basic education in the country.
"The
Cabinet Secretary and the Principal Secretary have failed to constitute a
board of management for even public primary and secondary school as
enshrined in the constitution," he said.
He said the government should discharge its duties as spelt out in the constitution.
"We
ask this court to issue declaration that the respondents uphold the
rights of every child to free and compulsory basic education as per the
constitution ," Mr Musau said.
He is also calling for incentives such as free lunch programmes, uniforms, as provided under section 35 of the Act.
The case returns to court on February 18 for fixing of the hearing date.
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