Date of publication:

08/21/2025

Kenya

Do domestic laws and policies provide access to primary education for forcibly displaced and stateless persons?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

According to the Constitution of Kenya, Article 53 (1) (b), every child has the right to free and compulsory education basic education. The constitutional provisions are operationalized through Section 39 of the Basic Education Act of 2013, which places the onus on the government, specifically through the Cabinet Secretary responsible for education, to ensure the provision of free and compulsory basic education for every child.

Crucially, this legal framework extends its commitment to inclusivity by emphasizing that children belonging to marginalized, vulnerable, or disadvantaged groups should not face discrimination and should be enabled to pursue and complete basic education. As such, the domestic laws and policies in Kenya obligate the government to provide access to primary education, for all children including refugees, without discrimination. 

The government of Kenya provides financial support and teachers to schools that are registered as public. Learners who attend private schools do not receive public funding. As a result, refugee children, majority of which attend refugee camp schools do not access public funded education in Kenya. However, refugee learners who attend public schools' benefit from public subsidies and teachers.

    LAW & POLICY

    Related provisions of domestic law or policy

    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

    Basic Education Act

    Legal provision

    Article 39- Responsibility of the Government

    It shall be the duty of the Cabinet Secretary to— (a) provide free and compulsory basic education to every child; (b) ensure compulsory admission and attendance of children of compulsory school age at school or an institution offering basic education; (c) ensure that children belonging to marginalized, vulnerable or disadvantaged groups are not discriminated against and prevented from pursuing and completing basic education; (d) provide human resource including adequate teaching and non teaching staff according to the prescribed staffing norms; (e) provide infrastructure including schools, learning and teaching equipment and appropriate financial resources; (f) ensure quality basic education conforming to the set standards and norms; (g) provide special education and training facilities for talented and gifted pupils and pupils with disabilities; (h) ensure compulsory admission, attendance and completion of basic education by every pupil; (i) monitor functioning of schools; (j) advise the national government on financing of infrastructure development for basic education; and (k) provide free, sufficient and quality sanitary towels to every girl child registered and enrolled in a public basic education institution who has reached puberty and provide a safe and environmentally sound mechanism for disposal of the sanitary towels.