Date of publication:

01/07/2026

Kenya

Do domestic laws and policies provide for primary and secondary education to be available to forcibly displaced and stateless persons in an appropriate language?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Based on Article 4(g) and (f) of the Basic Education Act of Kenya, the legal framework emphasizes the values and principles that guide the provision of basic education in the country. It specifically addresses the protection of the right of every child in a public school to equal standards of education, including the medium of instruction used in schools for all children of the same educational level (paragraph f). Moreover, Article 4(g) acknowledges the importance of advancing and protecting every child in pre-primary and lower primary levels of education to be instructed in the language of their choice, were reasonably practicable.

In the context of refugees, these provisions can be interpreted to imply that domestic laws and policies in Kenya aim to provide primary education in an appropriate language for refugees or, where feasible, offer language training to accommodate diverse linguistic needs. The emphasis on equal standards of education, regardless of a child's background, aligns with the principles of inclusivity and nondiscrimination, reinforcing the idea that refugee children should have access to education in a manner that respects their linguistic preferences and cultural backgrounds. The official Kenyan language-in-education policy allows for the mother tongue as the language of instruction up to grade 3. In camp and settlement settings, refugee children must learn both Kiswahili and English since grade 1. However, refugees face the same language issues that nationals whose mother tongue is neither Kiswahili nor English.

    LAW & POLICY

    Related provisions of domestic law or policy

    Basic Education Act

    Legal provision

    Article 4 - Guiding principles

    The provision of basic education shall be guided by the following values and principles— (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 public school to equal standards of education including the medium of instructions used in schools for all children of the same educational level (g) without prejudice to paragraph (f) above advancement and protection of every child in early childhood and lower primary level of education to be instructed in the language of his or her choice where this is reasonably practicable; (h) encouraging independent and critical thinking; and cultivating skills, disciplines and capacities for reconstruction and development; (i) promotion of peace, integration, cohesion, tolerance, and inclusion as an objective in the provision of basic education; elimination of hate speech and tribalism through instructions that promote the proper appreciation of ethnic diversity and culture in society; (k) imparting relevant knowledge, skills, attitudes and values to learners to foster the spirit and sense of patriotism, nationhood, unity of purpose togetherness, and respect; (l) promotion of good governance, participation and inclusiveness of parents, communities, private sector and other stakeholders in the development and management of basic education; (m) transparency and cost effective use of educational resources and sustainable implementation of educational services; (n) ensuring human dignity and integrity of persons engaged in the management of basic education; (o) promoting the respect for the right of the child's opinion in matters that affect the child; (p) elimination of gender discrimination, corporal punishment or any form of cruel and inhuman treatment or torture; (q) promoting the protection of the right of the child to protection, participation, development and survival; (r) promotion of innovativeness, inventiveness, creativity, technology transfer and an entrepreneurial culture; (s) non-discrimination, encouragement and protection of the marginalised, persons with disabilities and those with special needs; (t) enhancement of co-operation, consultation and collaboration among the Cabinet Secretary, Teachers Service Commission, the National Education Board, the County Education Boards, the education and training institutions and other related stakeholders on matters related to education; and (u) provision of appropriate human resource, funds equipment, infrastructure and related resources that meet the needs of every child in basic education.