Education according to the Kenyan Constitution

Education is given a great understanding and provision in the Kenyan constitution. As part of measures to help eradicate illiteracy, education has been given priority in ensuring that every child gets a free and compulsory basic education. Even though there is no clear balance on what basic education should be, there is an explanation on the implemented free primary education being provided to every Kenyan child.

The following articles provides for education.

• No 43 (1): Every person has the right to (f) education.
• No 53: every child has the right to free and compulsory basic education.
• No 54 (1): A person with any disability is entitled (b) to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person.
• No 55: The State shall take measures, including affirmative action programmes, to ensure that the youth (a) access relevant education and training.
• No 56: The State shall put in place affirmative action programmes designed to ensure that minorities and marginalized groups (b) are provided special opportunities in educational and economic fields.

Leaving aside the fact that the Constitution does not provide any definition of education, the above articles seem to identify the role of the state as a custodian of human rights and a welfare provider. Within the context of the Constitution, it would seem that the above quoted articles assume education is geared to employment, which depends directly on certification.

If we consider the extraordinary demand for education in Kenya [understood as certification], it could be an indication that there are very few other opportunities for Kenyans to progress in life without it. This angle justifies establishing education as a human right, but we still need to explore how to discharge this duty.

We could add another angle to this analysis: since worldwide experience is showing that one of the problems with welfare states is sustainability, we must ask ourselves how we are going to free the education system from corruption to maximize the use of resources in Kenya. This brings to the fore another question: how can a corrupt and bureaucratic education system dispense affirmative action? Will it have any credibility?

There is one further question we must ask ourselves: whether the present ills of society, such as corruption, have anything to do with the education system. Although increasing the education system output is a lofty target, can it be done without due regard to the transmission of values? Furthermore, whose duty it is to teach values: the state, the community, the family or religion? If it is not the state’s duty, what provision is there to allow mediating structures to discharge this responsibility?