President Uhuru Kenyatta’s directive that the Ministry of Education returns the control of religion-linked schools to the churches is no doubt as controversial as it is puzzling.
It is one of the many that make people think Mr Kenyatta has forgotten the country is under the 2010 constitution in which the powers of his office are heavily curtailed.
To say it mildly, the order is, on the face of it, in breach of the law that has governed the education sector since 2004.
Parliament in that year amended the Education Act to reduce the power of churches to influence investment and management of schools by fixing the number of board members the religious institutions can appoint.
Their role in the appointment of school principals was also restricted, causing the National Council of Churches of Kenya (NCCK) to ask for a repeal of the amendments.
There can be no doubt that the government had legitimate concerns in seeking to take charge of public schools.
For one, it posts and pays teachers to the institutions and maintains full responsibility over type and quality of education in the country.
That said, the subject matter also needs to be looked at from a historical perspective. Churches, notably Catholic, Anglican, Quakers, AIC and Adventists have over the year done a fantastic job investing not only in schools but also health institutions.
Most church affiliated institutions have been outstanding particularly in key areas such as discipline, which is critical in a fast-evolving world fraught with new corrosive media.
It is our view that the constitution guarantees freedom of investment and that should not have interfered with. Churches—and anyone else for that matter — should be encouraged to develop more schools and not dissuaded from doing so.
The government should instead busy itself with ensuring that faith-led institutions abide by law and are not being used offer divisive, propagandist educations meant to advance narrow religious agenda.
In the meantime, it would serve the national course if the government concentrated in expanding the reach of the education system, upgrade infrastructure and increase quality.
Ultimately, one hopes that the churches are aware of the fact that the directive cannot be effected in a week as the president directed but will need an amendment of the current law to implement.
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