Education

Kenya’s legal framework recognizes the right to education for refugees under international, regional, and domestic laws. The Constitution of Kenya (2010) guarantees free and compulsory basic education under Article 53(1)(b), while the Basic Education Act (2013) mandates non-discriminatory access to education. However, the Refugee Act does not explicitly guarantee refugees’ right to education, creating legal ambiguities. Refugee children face challenges such as overcrowded schools, limited resources, language barriers, and inadequate teacher support. Many refugee schools in camps are unregistered, preventing learners from benefiting from government resources. The Competency-Based Curriculum (CBC) is being implemented, but the inclusion of refugees remains uncertain. Primary education is guaranteed, but access to secondary education is hindered by financial barriers, insufficient schools, and lack of legal clarity. Refugee children often must travel long distances, increasing safety risks. Although public schools do not charge tuition fees, non-Kenyan students may be required to pay fees, making secondary education difficult to afford for many refugee families. The Basic Education Act mandates education in an appropriate language, but a lack of qualified teachers and limited multilingual resources create difficulties for refugee students. While primary schools may use mother tongues up to Grade 3, refugees are expected to learn in English and Kiswahili, creating additional obstacles. Secondary education is formally accessible to refugees, but legal gaps, financial constraints, and lack of schools prevent full participation. The Universities Act (2012) and the TVET Act (2013) allow refugees to access tertiary education, but financial barriers remain significant, as refugees are excluded from government subsidies and student loans. Although university tuition fees are equal for refugees and nationals, financial hardship prevents many from enrolling. Refugee students also face difficulties using documentation for internships and attachments. Kenya lacks a specific framework for integrating refugees into higher education, limiting their access to career advancement opportunities. The recognition of foreign diplomas and degrees is regulated by institutions like the Kenya National Examinations Council (KNEC) and the Commission for University Education (CUE), but challenges in document verification, translation, and institutional awareness hinder refugees' ability to use foreign credentials. Religious education rights are protected under Article 32 of the Constitution, allowing refugees to ensure their children receive religious instruction. However, language barriers, lack of teachers, and unclear legal guidelines create difficulties in implementation. Refugees can travel for education, but the Refugees Act (2021) requires movement passes, adding bureaucratic hurdles. This requirement complicates access to schools outside refugee settlements and raises security concerns, particularly for girls. Refugees in detention facilities have limited access to education, though the Prisons Act allows for educational programs, subject to implementation challenges. Refugees denied access to education have legal recourse through the Education Appeals Tribunal and the Legal Aid Act (2016), but barriers such as legal costs, lack of awareness, and procedural delays limit effective remedies. Overall, while Kenya’s legal framework broadly supports refugee education, financial constraints, lack of explicit legal protections, administrative barriers, and resource limitations continue to hinder effective implementation and access to quality education for refugee students.