Date of publication:
08/21/2025
Kenya
Do domestic laws and policies provide forcibly displaced and stateless persons with access to administrative or judicial remedies when they are denied access to education?
Assessment by population
Analysis
According to Article 48 of the Constitution, the State has the duty to ensure access to justice for all persons. There exists the Education Appeals Tribunal whose mandate is to handle appeals from any aggrieved persons dissatisfied with decisions of the County Education Board regarding discrimination in relations to colour, gender, age, tribe, disability and religion among others. Such issues include denial of examinations/examinations certificates, overcharging of school fees, denial of admission to school, hindrances to learning (unfair exclusion of learners), deregistration of school, corporal punishment, gender-based violence (bulling), encroaching, grabbing and settling in school land and examinations malpractices. The Legal Aid Act, 2016, with its objective to ensure the provision of affordable, accessible and sustainable legal aid and promote alternative dispute resolution mechanisms, has included refugees and asylum-seekers among the indigent groups that should benefit from legal aid.
Related provisions of domestic law or policy
The Constitution of Kenya
- Year: 2010
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2010/en/75699
Legal provision
Article 48 - Access to justice
The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.
Article 159(2) - Judicial authority
In exercising judicial authority, the courts and tribunals shall be guided by the following principles—(a) justice shall be done to all, irrespective of status.