TI-Kenya’s Legal Advice Center helps Halt unlawful School Fees at a Primary School in Kisumu

In Kenya, the government has long recognised the importance of education as a fundamental right for all children. To ensure equal access to education, the government has heavily subsidised public primary school fees, striving to alleviate financial burdens on parents and guardians. However, despite these efforts, instances of corruption often threaten to undermine this noble initiative. Such was the case in January 2023 at a Primary School in Kisumu County, with more than 1,300 students. The school head’s imposition of unauthorised extra charges stirred controversy and concern among parents. With fees already subsidised by the government, the demand for an additional Ksh. 15,000 under the guise of admission fees (Ksh 5,000), desk fees (Ksh 5,000), and Parent-Teachers Association fees (Ksh 5000) amounted to blatant exploitation. 

The incident at the School sparked concern among parents and advocacy groups alike, prompting swift action from Transparency International Kenya’s Advocacy Legal Advice Center (ALAC) – Western Region Office in Kisumu. TI-Kenya responded to a complaint filed by a parent from the Primary School who sought legal advice on the matter. Recognising the gravity of the situation, the first step involved gathering concrete evidence to substantiate the claims made by the concerned parent. Simultaneously, communication channels were swiftly opened with the Ministry of Education, underscoring the urgency of addressing the matter to safeguard the educational rights of the affected students and parents, and to uphold the principles of transparency and accountability in education governance as enshrined in the provisions of the Constitution of Kenya 2010. Specifically Article 53, on the right to free and compulsory basic education for every child in Kenya. Furthermore, the Basic Education Act of 2013 that reinforces this fundamental principle by stipulating that public schools shall not charge any fees or levies that have not been prescribed by the government. Additionally, the Public Finance Management Act of 2012 emphasises the prudent and transparent use of public funds, prohibiting unauthorised expenditures or charges by public institutions. It is within this legal framework that TI-Kenya initiated its pursuit of justice on behalf of the aggrieved parent from the Primary School.

Through the collaborative efforts between the Ministry of Education and TI-Kenya’s ALAC Western Region Office, a decisive response was planned to rectify the situation at hand, the school administration was compelled by the Ministry of Education to cease its unlawful practice of imposing additional charges on parents. The concerned parent, who reported the case at TI-Kenya has since affirmed the school’s compliance with the directive by the Ministry of Education to halt the unjust demands for an additional Ksh. 15,000 by the Primary School’s head. 

This victory underscores the power of legal advocacy in safeguarding the educational rights of children. Through TI-Kenya’s effort to champion for transparency, accountability, and adherence to the law, justice was restored at the Primary School, ensuring that no child’s access to education is compromised by unjust financial burdens, bringing relief to the parents, and setting a precedent for accountability within the education sector.

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In Kenya, the government has long recognised the importance of education as a fundamental right for all children. To ensure equal access to education, the government has heavily subsidised public primary school fees, striving to alleviate financial burdens on parents and guardians. However, despite these efforts, instances of corruption often threaten to undermine this noble initiative. Such was the case in January 2023 at a Primary School in Kisumu County, with more than 1,300 students. The school head’s imposition of unauthorised extra charges stirred controversy and concern among parents. With fees already subsidised by the government, the demand for an additional Ksh. 15,000 under the guise of admission fees (Ksh 5,000), desk fees (Ksh 5,000), and Parent-Teachers Association fees (Ksh 5000) amounted to blatant exploitation. 

The incident at the School sparked concern among parents and advocacy groups alike, prompting swift action from Transparency International Kenya’s Advocacy Legal Advice Center (ALAC) – Western Region Office in Kisumu. TI-Kenya responded to a complaint filed by a parent from the Primary School who sought legal advice on the matter. Recognising the gravity of the situation, the first step involved gathering concrete evidence to substantiate the claims made by the concerned parent. Simultaneously, communication channels were swiftly opened with the Ministry of Education, underscoring the urgency of addressing the matter to safeguard the educational rights of the affected students and parents, and to uphold the principles of transparency and accountability in education governance as enshrined in the provisions of the Constitution of Kenya 2010. Specifically Article 53, on the right to free and compulsory basic education for every child in Kenya. Furthermore, the Basic Education Act of 2013 that reinforces this fundamental principle by stipulating that public schools shall not charge any fees or levies that have not been prescribed by the government. Additionally, the Public Finance Management Act of 2012 emphasises the prudent and transparent use of public funds, prohibiting unauthorised expenditures or charges by public institutions. It is within this legal framework that TI-Kenya initiated its pursuit of justice on behalf of the aggrieved parent from the Primary School.

Through the collaborative efforts between the Ministry of Education and TI-Kenya’s ALAC Western Region Office, a decisive response was planned to rectify the situation at hand, the school administration was compelled by the Ministry of Education to cease its unlawful practice of imposing additional charges on parents. The concerned parent, who reported the case at TI-Kenya has since affirmed the school’s compliance with the directive by the Ministry of Education to halt the unjust demands for an additional Ksh. 15,000 by the Primary School’s head. 

This victory underscores the power of legal advocacy in safeguarding the educational rights of children. Through TI-Kenya’s effort to champion for transparency, accountability, and adherence to the law, justice was restored at the Primary School, ensuring that no child’s access to education is compromised by unjust financial burdens, bringing relief to the parents, and setting a precedent for accountability within the education sector.

James Kinyua

Project Officer, Public Finance Management

James Kinyua is a dynamic professional with a diverse range of experience and skills on matters economics, governance, public administration and project management. James has over 7 years of professional experience having previously worked with renown institutions within Kenya such as the Ministry of Finance at the County Government of Kirinyaga, the United Nations Human Settlements Programme (UN-Habitat), the National Democratic Institute (NDI) For International Affairs, and the Parliament of Kenya prior to joining Transparency International-Kenya as a Project Officer Public Finance Management (PFM). James has a diverse background, holding a Bachelor of Arts degree, double major in Economics, Political Science and Public Administration; a Post Graduate Diploma in Project Planning and Management; and currently pursuing a Master of Arts in Political Science and Public Administration all from and at the University of Nairobi.

Andrew Letting

Project Assistant, Climate Governance

Andrew Letting is an enthusiastic Environmentalist with a diverse range of experience and skills in Climate Finance, Climate Diplomacy, and Natural Resources Management across both private and public sectors. He currently works as a Project Assistant in Climate Governance at Transparency International Kenya. His past roles include research in Climate Finance and work in Ecological Restoration . Andrew holds a BSc in Natural Resources Management and is a certified Associate Expert in Environmental and Social Impact Assessment (ESIA). His passion for Climate Finance, Adaptation, Climate Negotiation, and Environmental Law drives his commitment to fostering sustainable practices and governance in the face of global climate challenges.

Caroline Maina

Monitoring & Evaluation Officer

Caroline is a dynamic PMERLA professional with over 8 years of progressive experience and skills in planning, monitoring, and evaluation, research, reporting, learning, quality assurance and resource mobilisation. Passionate on PMERLA, she has a profound commitment on enhancing program effectiveness and sustainable impact through rigorous data-driven insights for evidence-based decision making. In TI-Kenya, she is responsible for Planning, Monitoring, Evaluation, Research, Reporting, Learning and Adapting (PMERLA) processes and quality assurance ensuring TI-Kenya remains progressive in achieving its Strategic Plan. She holds a Bachelor’s degree in Planning from the University or Nairobi, certification in Monitoring and Evaluation from the Amref International University and is currently pursuing her masters in Monitoring and Evaluation from the University of Nairobi.

Brian Ekodere

Project Assistant, ALAC Mombasa

Brian Ekodere is a lawyer with a passion for legal systems, social justice, governance, human rights, and dispute resolution. He holds a Bachelor of Laws (LL.B) from Kenyatta University and a Diploma in International Studies from the University of Nairobi. Brian has extensive experience in legal research, advocacy, and youth empowerment. Brian is dedicated to fostering a just and equitable society by promoting transparency, accountability, and good governance.

Lucky Philomena Mbaye

Project Assistant, Citizen Demand and Oversight

Philomena is a lawyer, currently undertaking the Advocates Training Program at the Kenya School of Law, following her attainment of a Bachelor’s Degree in Law (LL. B) from the University of Nairobi. She is also a Certified Professional Mediator (CPM).

With a keen interest in Human Rights, Policy, Democracy, and Governance, she is deeply invested in promoting equitable legal practices and advocating for social justice. Her professional journey includes valuable experiences from (Coulson Harney LLP) Bowmans Law and ENS Africa, where she developed a solid understanding of legal intricacies and demonstrated proficiency in navigating complex legal landscapes. Beyond her legal pursuits, Philomena actively engages in community service through volunteer work with local CSOs, aiming to extend her impact beyond the legal sphere and contribute meaningfully to societal progress.

Thomas Juma

Project Assistant, North-Rift Region

Thomas is a dynamic professional with a wide range of experience and skills in community mobilization, capacity development in governance, media engagement, networking and partnership development. In his new role, he shall be responsible for offering support to the North Rift Regional Office to ensure successful implementation of the projects and assisting in logistical tasks, data collection and documentation. Thomas holds a diploma in public relations, marketing and advertising from ICS college, diploma in project planning and NGO management from Cambridge universal college and diploma in film and television production from Alphax college.

Emily Atieno

Procurement Officer

Emily is a dynamic professional with a diverse range of experience and skills in asset management, vendor relations, process improvement, event management, procurement process and procedures, admin management, communication and interpersonal skills. In her role, she is responsible for all the procurement processes and procedures towards achieving the TI-Kenya’s strategic plan. Emily holds a Bachelor of Commerce from Africa Nazarene University. She is also a holder of certificate in facilitation skills and Diploma in Business Management.

George Kiondo

Finance and Investments Manager

George is a dynamic professional with a diverse range of experience and skills in financial and project management, couching and mentoring, monitoring and evaluation, financial reporting and procurement amongst others.

In his new role, is responsible for overseeing the work of finance, investments and business development towards achieving the TI-Kenya’s strategic plan.

George holds a Bachelor of Science in International Business Administration from USIU, a Masters of Business Administration from the African Nazarene University, CPA-K and CPS-K qualifications from Strathmore Business School.

Linet Mukhula

Project Officer, Natural Resources and Climate Governance - Land, Extractives and Energy

Linet is a highly dynamic and versatile professional with extensive experience across various domains. She possesses a comprehensive skill set essential for effective project and organizational management. This includes expertise in Program Management and Reporting, ensuring strategic initiatives are designed and implemented to meet objectives with accurate reporting on outcomes. She excels in Coordination and Relationship Management, forging strong connections with stakeholders to drive collaboration and achieve shared goals.

She is responsible for implementing governance projects and working with communities and government with an emphasis on Land, Extractives and Energy towards achieving the TI-Kenya’s strategic plan.

Linet holds a Bachelor of Environmental Studies (Community Development from Kenyatta University with a Diploma in Public Relations Management and Advance Certificate in Business Management from the Kenya Institute of Management. She’s currently pursuing a Master of Arts in Development Studies (Economic Planning)- thesis level at the Management University of Africa.

Anno Annet Andisi

Intern, North-Rift Region

Annet is a dynamic professional with a diverse range of experience and skills in community engagement and advocacy, training, strategy and policy development as well as project management.

She is responsible for offering support to the North Rift Regional Office to ensure the successful implementation of the projects and documenting of legal aid cases for walk-in and call-in clients towards achieving the TI-Kenya’s strategic plan.

Annet holds a Bachelor of Bachelor of Political science and Public administration from Kisii University.

Jane Kingori

Grants Manager, USAID USAWA Program

Jane is a finance and grants specialist with a Master of Science in Organizational Development, Bachelor of Commerce in Finance and CPA (K). She has over 15 years’ of experience in strengthening organizations ‘capacities for sustainable program delivery through integration of best grants and financial management practices and compliance with different donor rules and regulations including USAID, UKAID, DANIDA, GCERF, SIDA and EU among others. She has served as the grants management technical lead at Faith To Action Network and Act Change Transform.