PROMOTION AND ENFORCEMENT OF A CHILD'S RIGHT TO EDUCATION

Journal of Education Management, 2013

This study aims to facilitate debate about the State's efforts in taking a rights-based approach in the education sector. The study reviewed the progress that has been made to legitimize and implement the right to education in Kenya. An underlying argument in this study is that the State has an obligation to respect, protect and fulfill the right to education. Using a human rights based approach, the study found that the State had made progress in making education available, accessible, acceptable and adaptable in Kenya. First, availability of education had been enhanced through fiscal interventions. Second, accessibility to education had been enhanced through legal commitments to international human rights instruments and entrenched in the constitution and various laws, sessional papers and policies. Third, acceptability of education had been enhanced through curriculum reforms. Fourth, adaptability had been enhanced through the private provision of education. Despite this progress, there remain gaps that need to be addressed if the right to education is to be realized. These include exclusion of marginalized children in schools, low transition from primary to secondary schools, violation of the right to education by employment and marriage laws, non-competence based curriculum and affirmative policies that disadvantage marginalized children from private schools.

Kenya Education Staff Institute, 2006

International Development targeted Universal Primary Education (UPE) by 2005 and gender equity in the education for all (EFA) goals by 2015. Relevant and quality educational standards are a priority. To achieve these goals, present educational policies must be continuously assessed and reviewed with a view to meeting current and emerging needs through a careful attention of trends in education. Based on a chronological perspective of the key policy making process in Kenya, this book attempts to map the future of education policy and policymaking in Kenya. It traces the origins, purposes and effects of various education reforms and looks behind the scenes at the priorities and objectives of education at each successive stage. The review provides fascinating insight into the way in which policy in the developing countries and particularly former colonies has evolved over the years. In that way, the contemporary education is related to the ideals of society as projected by the modern age. The book will be of interest to educationalists, policy analysts, sociologists and political scientists in that through documentation and analysis, it builds on would be better foundation for going forward. The book is rooted in education policy, history and sociology of education especially in the developing countries and former colonies. Information on education especially on pre-independence Kenya and the early independence years is scattered and this made the work unusually difficult in seeking for information and in an attempt to synthesize data. This text describes and analysis changes in the processes of education policy making in Kenya in the period 1900 - 2005. In particular, it traces the origins, construction and implementation of various aspects in the education system. Wherever possible, this extends to comments on likely and actual consequences of the policies. The rationale underlying them is also attempted. The book is therefore an outstanding contribution to scholarly research on the education policy framework in Kenya. It is intended to help education officers and professional trainers and trainees, researchers and students to grasp the legal aspects that have formed the basis for educational policies in Kenya. It is well written, comprehensive and fairly detached though critical in its judgments. In my opinion, this creates unique learning opportunities that can help to blend theory and practice with an emphasis on providing education services in a variety of settings. In writing this book, I am very aware of the complexity of the task of maintaining coherence in such a period of time (1900 – 2005) and with such social-political turbulence. It must, therefore, be emphasized that the period covered does not suggest a continuum. That is, education policymaking is not necessarily developmental, and certainly not in the context of developing countries. There are discontinuities, priorities and areas of emphasis change while often at times there are obvious omissions. Thus the period is riddled with addition and well as omissions, exceptions and inclusions and compromises and discontinuities. The book is therefore divided into four parts: introduction, pre-independence, independence and a commentary at the end. The deployment of these different parts means that they can be read as separate but interrelated parts chiefly through the chronological reflective approach adopted in the book. The reader might want to ask the question where I stand in all this. The answer is that in my view, education development and reform need to be a well thought out process however fast (or even slow for that matter) such decisions require to be made. Certainly, the government has an obligation to respond directly and immediately with sensitivity to education needs. But nonetheless, education is not devoid of economic, social cultural and political influence. Education is also infused with moral values. Overall, education ideologies tend to be constantly evolving and changes in education polices and approaches are often inevitable. This book therefore deserves to be read by professionals especially educationalists, teachers, politicians and church sponsors. They will find the records and attitudes of their predecessors and build on dismal revelations of the handling of education affairs.

International Journal of Humanities and Social Studies (IJHSS). 4(6):178 – 186., 2016

The Constitution of Kenya 2010 gives the child rights to nationality, protection and provisions both by the State and the parents; and their interest is also to be paramount in all matters concerning them. The objective of the study was to understand the dynamics and challenges of implementing the participation of children with regard to rights to education through an interrogation of the Children’s Act of 2001 and the Constitution of Kenya 2010. This paper is a comprehensive review of the literature that interrogates the subject matter through an analysis of the debates about childhood and children’s participation, especially with regard to participation and children’s right and also children’s participation in education in the light of the two policy documents. It has also looked at the reasons why children should participate in education issues affecting them. It goes ahead to look at children’s rights and Constitutional provisions; equity in access to education in Kenya; and attempts Kenya has made with regard to domesticating the International instruments. The study concludes that although there are good legislation in place to address children’s rights and participation in education, there are several challenges to implementing the participation rights of children. It recommends that there is need to respect, protect, promote and fulfil the rights of the children to access education on an equal basis because influences of childhood are usually carried over to adulthood, so lack of participation in childhood will lead to poor democratic culture in adulthood.

2014

This paper analysis the role of stakeholders in implementing children rights in Kenya. The writers looks at the implementation of children rights after the adoption of the New Convection on the Rights of the child by the United Nations General Assembly on 20 th November 1989 which, came into force on 2 nd September 1990. The convection was created to address the issue of universal rights of the children. The convention has received an overwhelming international response with the exception of the United States and Somalia. The importance of the Convection lies in its status as an international legal and binding instrument. The articles of the Convection stipulate what states an obliged to do in different conditions. The Convection covers civil, political, economic, social and cultural rights. Apart from basic survival requirements such as food, clean water and health care, it also includes rights of protection against abuse, neglect and exploitation and the right to education and par...

The author discusses the implementation of the rights of children in Kenya, focusing on the legal, social and economic challenges that have inhibited the same.

ITP Human Rights Towards Gender Equity Seminar, 2012, 2012

This paper argues that as education in Kenya is aligned to the Constitution, the need to empower girls and women through education is vital to achieve the Bill of Rights. Kenya as a developing country must be geared towards gender equity through quality of education at all levels. This will entail concerted effort by Government and civil society through taking an audit of the existing policies and adopting best practices including resource allocation and organisation of education.

Basic education being the minimum education that every Kenyan must have for progressive existence in society is a crucial factor. That is why Kenya subscribes to the international protocol that established Education for All (EFA) in Jomtien, Thailand 1990 and the world education forum in Dakar, Senegal, 2000. Since then, the Kenya Government in her Education Sector Strategic Plan and Sessional paper No. 1 of 2005 has articulated how to attain goals for education. For instance early childhood education which tries to ensure development of the whole personality of the child's physical, mental, and socioemotional attributes faces challenges such as lack of access to early childhood education mostly caused by poverty, regional and gender disparities, policy framework, and HIV/AIDS among others. At primary school level where children stay longest in the schooling years and they develop more motor skill, further cognitive skills along with higher socialization than the early childhood education level, has children failing to access education due to poverty, gender imbalances, regional imbalances among other concerns. Secondary education which creates a human resource base higher than the primary education along with training youth for further education and the world of work registers restriction to many children due to concerns of poverty, gender imbalances, insecurity regional disparity among others. This article articulates in detail the above concerns discussing their manifestations in Kenya. Conclusions are drawn and recommendations made on how to improve access to basic education in Kenya. Among the recommendations are: To make basic education free and compulsory, improve provision of health services, intensify fight against demeaning cultures, give special attention to children with disabilities, avail employment opportunities to the youth, assure security to all in conflict prone zones and tighten bursary disbursement procedures.

East African Scholars Journal of Education, Humanities and Literature, 2022

Education is a basic human right as was declared by the United Nations in 1948. Most governments including Kenya have tried to implement free and compulsory basic education. It also subscribes to various international protocols such as Education for All (EFA) in Jomtien, Thailand 1990 and the World Education Forum in Dakar, Senegal, 2000. Since then, the Kenya Government in her Education Sector Strategic Plan and Sessional Paper No. 1 of 2005 has articulated how to attain goals for education. At primary school level where children stay longest in the schooling years and they develop more motor skill, further cognitive skills along with higher socialization than the early childhood education level, has children failing to access education due to poverty, gender imbalances, regional imbalances among other concerns. Secondary education which creates a human capital base higher than primary education along with training youth for further education and the world of work registers restric...