Date of publication:

03/27/2025

Kenya

Do domestic laws and policies provide for acceptable quality education standards for education for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

In Kenya, domestic laws and policies unequivocally affirm the commitment to ensuring an acceptable quality of education for all, including refugees. The Constitution of Kenya, under article 53(1)(b), explicitly declares the right of every child to free and compulsory basic education. Furthermore, Article 55(a) emphasizes the state's obligation to implement affirmative action programs, facilitating youth access to relevant education and training. The overarching provision, article 43(1)(f) of the constitution extends this right to everyone, encompassing refugees. 

The Basic Education Act, as per section 14(c), underscores the importance of providing basic education guided by the principles of quality and relevance. Additionally, section 39(f) places the responsibility on the Cabinet Secretary to ensure quality basic education adhering to set standards and norms. These constitutional provisions and legislative mandates collectively affirm Kenya's commitment to upholding the right to quality education for refugees and all individuals within its borders.

    LAW & POLICY

    Related provisions of domestic law or policy

    Basic Education Act

    Legal provision

    Section 4 - Quality of Education

    The guiding principles of basic education under this Act shall be— (a) the right of every child to free and compulsory basic education; (b) equitable access for the youth to basic education and equal access to education or institutions; (c) promotion of quality and relevance; (d) accountability and democratic decision making within the institutions of basic education; (e) protection of every child against discrimination within or by an education department or education or institution on any ground whatsoever; (f) protection of the right of every child in a learning institution to equal standards of education; (g) advancement and protection of every child in a learning institution from physical and psychological abuse, neglect and any other form of exploitation including labour; (h) development of the human personality, talent and mental and physical abilities to their fullest potential; (i) promotion of the value and development of the child’s respect for human rights and fundamental freedoms and the values of the Constitution; (j) promotion of the value of the child’s respect for parents, cultural identity, language and values, for national values of Kenya and for the preparation of the child for responsible life in a free society in the spirit of understanding, peace, tolerance, gender equality and friendship among all peoples, ethnic, tribal, religious, cultural and linguistic groups and persons of indigenous origin; (k) non-discrimination, encouragement and protection of the marginalized, persons with disabilities and those with special needs; (l) enhancement of co-operation with relevant government agencies, non-governmental organizations and the private sector in education.

    Section 39 - Quality of Education

    The Cabinet Secretary shall ensure quality basic education conforming to the set standards and norms.

    The Constitution of Kenya

    Legal provision

    Article 43 - Economic and social rights

    Every person has the right— (a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; (b) to accessible and adequate housing, and to reasonable standards of sanitation; (c) to be free from hunger, and to have adequate food of acceptable quality; (d) to clean and safe water in adequate quantities; (e) to social security; and (f) to education. (2) A person shall not be denied emergency medical treatment. (3) The State shall provide appropriate social security to persons who are unable to support themselves and their dependants.

    Article 53(1)b - Free and compulsory education

    (1) Every child has the right - (b) to free and compulsory basic education