Free education is a constitutional guarantee, not CS Mbadi's prerogative

Dear CS Mbadi,

We, the Tunza Mtoto Coalition, together with education stakeholders, parents, and civil society allies, express our deep concern and firm opposition to the recent announcement by the Cabinet Secretary for National Treasury regarding the unilateral reduction of capitation grants for secondary school learners, from Sh22,244 to Sh16,000 per student annually.

We take this opportunity to unequivocally remind the Cabinet Secretary that the right to education is not a privilege subject to fiscal whims. It is a constitutional right, explicitly protected under Articles 43(1)(f) and 53(1)(b) of the Constitution of Kenya. Every child in this country is entitled to free and compulsory basic education. That right is not negotiable, and it cannot be undermined by financial declarations or budgetary shortcuts.

The reduction of capitation directly endangers this right. It places immense strain on already struggling public schools, particularly in rural and marginalised communities. Parents are being forced to shoulder hidden costs. Learning programs are being scaled back or cancelled. The dignity of learners is compromised. The result is exclusion, inequality, and an erosion of educational access and quality.

Let it be clear to all: budget policy cannot override the Constitution. The role of the National Treasury is to support and implement constitutional imperatives, not to unilaterally diminish them. Any substantial change to capitation for education must be preceded by lawful procedures, including broad-based public participation, sector consultations, and parliamentary approval. The failure to do so amounts to an abuse of office and a violation of Kenya’s supreme law.

Moreover, the decision was made with complete disregard for the national values of transparency, accountability, and participation outlined in Article 10. No consultations were held with key education actors—including school boards, parents, headteachers, or oversight bodies. This violates the standards of constitutional governance and the duty to involve the public in decisions that fundamentally affect their lives.

As the Tunza Mtoto Coalition, we are therefore taking decisive legal action. We have moved to the High Court of Kenya to challenge the constitutionality of the Cabinet Secretary’s directive. Our petition seeks, among other things, a declaration that the capitation cut is unconstitutional, discriminatory, procedurally unfair, and a retrogressive step in the realisation of the right to education as protected under Articles 43, 47, 53, and 27 of the Constitution.

We also demand:

• The immediate reversal of the capitation cut and the reinstatement of the previous allocation of Sh22,244 per learner per year.
• A public commitment from the Ministry of Education to safeguard education financing and uphold the principle of free, quality, and compulsory basic education.
• Parliamentary oversight, including summoning the relevant Cabinet Secretaries to account for the process and impact of the capitation reduction.
• Independent investigations by the Kenya National Commission on Human Rights and the Commission on Administrative Justice into the legality, impact, and propriety of the decision.
  
  The education of our children is not a budget line item—it is the backbone of our nation’s future. Undermining that foundation is not just unconstitutional—it is immoral and short-sighted. We urge all Kenyans to stand up for their children, demand accountability, and protect the promise of education for every child, regardless of background.
  
  Education is not a favour. It is a right, and we will not sit back as that right is eroded.

The writer is the Executive Director of Tunza Mtoto Coalition