Parents push for scrapping of levies in public schools

Primary school pupils in class. A parents association says levies charged by public schools should be scrapped. FILE 

By VINCENT AGOYA

Parents have sued the government for failing to implement free  education in public primary and secondary schools, forcing headteachers to impose levies.

In a case certified as urgent at the High Court in Nairobi on Monday the parents want the levies declared illegal in line with the Constitution which 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,” Kenya National Association of Parents secretary-general Musau Ndunda said. Justice Mumbi Ngugi gave the Attorney - General, the Teachers Service Commission, Education Cabinet Secretary Joseph Kaimenyi and principal secretary Belio Kipsang two weeks to respond.

She set February 18 as the date the case would be mentioned and a hearing date set. “By its nature this application is urgent and all parties named herein must file responses within 14 days,” Judge Ngugi said.

Tuition

The application is also seeking to suspend the on-going Form One Selection until they comply with Section 34 of the Act which grants children admission to public schools of their choice.

Mr Musau asked the court to nullify all levies and restrain schools from charging fees in line with Section 29 of the Basic Education Act 2013.

“No public school shall charge or cause any parent or, guardian to pay tuition fees for or on behalf of any pupil in the school,” the section reads.

However, the legislation says that tuition fee is only payable by non-Kenyans or when other charges are imposed at a public school with the approval of Education Cabinet secretary and county education board.

He said this would protect the constitutional rights of the child to free and compulsory basic education. Fees structures from several schools are attached to the application, which also asks for incentives such as free lunch programmes and uniforms as provided under section 35 of the Act.

In his affidavit, Mr Musau faults deployment of county directors of Education “without subjecting them to open and competitive processes.”