Informal school owners now sue State over closures

Education Principal Secretary Belio Kipsang
Education Principal Secretary Belio Kipsang. PHOTO | NMG 

Owners of informal schools across the country Tuesday took to court to protests over the government’s decision to close down their learning institutions.

Through the Kenya Alliance of Non-formal Schools Welfare Association (Kanswa), they sued Education Principal Secretary Belio Kipsang seeking to have his closure directive quashed.

They told the High Court that the directive issued via a circular dated September 26, will likely affect preparation and performance of learners who are just about to sit their Kenya Certificate of Primary Education (KCPE).

They claimed that over two million school children in about 20,000 unregistered institutions stood to be affected by the directive and that their right to basic education will be violated.

“Kanswa is apprehensive that unless this matter is heard urgently and the implementation of the impugned circular stopped, learners will suffer irreparable losses, damage and prejudice,” said their lawyer Sherwin Njoroge.


In their case documents, the lobby argued that the non-formal schools operate under the Alternate Provision of Basic Education and Training (APBET) Guidelines formed in 2009 but were eventually implemented in 2016.

They claimed that majority of learners in these unregistered schools come from marginalised communities in urban slums as well as arid and semi-arid areas hence they stand the risk of missing out on basic education.

The lobby termed the directive as discriminatory, unreasonable, procedurally unfair, contrary to the Fair Administrative Action Act and good public policy.

It came after at a classroom at Precious Talent Academy in Nairobi collapsed on pupils on September 23.