A Review of Session Paper No 1 of 2005, and Draft Kenya Education Sector

Policy Framework

Ibrahim Ogachi Oanda

A Draft Consultant Report Submitted to Elimu Yetu Coalition (EYC)

JUNE 2010

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1.0 Introduction and Background........................................................................................................ 1

2.0 The legal framework of Education and Training in Kenya ............................................................. 3

2.0.1 Education Sector Policy Development in Kenya since Independence ..................................... 6

3.0 Accomplished Targets from Session Paper No 1 of 2005 ............................................................... 9

3.1 The legal Framework for Education and training ....................................................................... 9

3.2 Philosophy of Education, Vision and Mission .......................................................................... 12

3.3; Gaps in the Sessional Paper and Education policy Framework ............................................... 14

3.1.0 Sub-Sector Accomplishments ................................................................................................... 17

3.1.1; Early Childhood Development and Education (ECDE) .......................................................... 17

3.1.2 Primary Education; Expanding Access, Equity and improving quality ................................... 20

3.1.3 Secondary Schooling............................................................................................................. 25

3.1.4 Special Education ................................................................................................................. 27

3.1.5 Non-formal education .......................................................................................................... 30

3.1.6 Adult Education and Literacy ................................................................................................ 33

3.1.7 Technical Education and Training ......................................................................................... 35

3.1.8 Teacher Education and Deployment ..................................................................................... 37

3.1.9 Higher Education .................................................................................................................. 40

4.0 Cross-cutting issues and Linkages................................................................................................ 41

4.1 Development of a National Accreditation and Qualifications Framework and learning

Assessment ....................................................................................................................................... 43

4.2 Governance and Management of the Education Sector .............................................................. 44

4.3 Curriculum Reforms .................................................................................................................... 47

4.4 Financing policies in education sector ......................................................................................... 49

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5.0 Guidelines for Developing a Harmonized Kenya Education Sector Draft Policy........................... 50

5.1 Broad Directions in the Development of Kenya’s Education Sector Policy .................................. 51

5.2 Proposals for Strategic policy Framework ................................................................................... 56

5.2.1Early Childhood Education and Development ........................................................................ 56

5.1.2 Primary education ................................................................................................................ 56

5.1.3 Secondary education ............................................................................................................ 56

5.1.4 Non Formal Education .......................................................................................................... 57

5.1.5 Special Education ................................................................................................................. 58

5.1.6 Technical Industrial Vocational and Entrepreneur Training (TIVET)...................................... 58

5.1.7 Adult and Continuing Education ........................................................................................... 59

5.1.8 Teacher Education ................................................................................................................ 59

5.1.9 University Education............................................................................................................. 60

5.3 Cross-Cutting Issues .................................................................................................................... 61

5.3.1 Management and governance ............................................................................................. 61

5.3.2 Gender and education .......................................................................................................... 61

5.3.3 Education Funding................................................................................................................ 62

References ........................................................................................................................................ 63

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1.0 Introduction and Background

This Report is a review of Kenya’s Education sector policy developments based on Session
Paper No 1 of 2005 and other related documents. The focus of the review is to present an
analysis of policy reform accomplishments as proposed in the session paper and the Kenya
Education Sector Support Programme (KESSP) documents and targets that have been missed.
Based on policy gaps identified through the review, a draft Kenya National Education Sector
Policy is provided. The Review will assist in informing discussions and debates on the proposed
draft Kenya National Education Policy.

Session paper No 1 of 2005, was a product of broad consultations and consensus building among
key stakeholders in Kenya’s education sector, which culminated in the National Education
Conference held in 2003. The conference proceedings provided a framework and road map, on
the policies and strategies in education and training that the sector should follow for improved
performance. The Session Paper has also taken into consideration recommendations from
previous education commissions and reports, besides recommendations from the 2003 National
Education Conference. Besides, the Session paper includes strategies for the achievement of
Education for All (EFA) and Millennium Development Goals (MDGs). The review presented
here will therefore focus on three areas. First, provide a contextual background to the legal
framework for education and training in Kenya before the adoption of the Session Paper, and the
Kenya Education Sector Support programme document. Second, present key accomplishments
that have been realized in the education sector, based on the targets and framework provided in
the Session Paper and the KESSP document and persisting challenges. Third, present a
framework for a holistic draft education policy based on the accomplishments and persisting
challenges emanating from the Session Paper and the KESSP document.

The focus of any Education Policy is to provide a framework through which the country
actualizes its objectives in the education sector. In Kenya, the provision of education and training
to all Kenyans is fundamental to the success of the Government’s overall development strategy.
Since Independence, the long-term objective of the Government has been to provide every
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Kenyan with basic quality education and training, including 2 years of pre-primary, 8 years of
primary and 4 years of secondary/technical education. Education also aims at enhancing the
ability of Kenyans to preserve and utilize the environment for productive gain and sustainable
livelihoods. Second, development of quality human resource is central to the attainment of
national goals for industrial development. Third, the realization of universal access to basic
education and training ensures equitable access to education and training for all children,
including disadvantaged and vulnerable groups. Fourth, education is necessary for the
development and protection of democratic institutions and human rights.

Despite the above commitments, providing universal access to basic quality education as a Social
right in Kenya has been an elusive goal to achieve. Many factors have rendered this right to be a
privilege. Most of these factors are human factors that are avoidable. The rest could be attributed
to natural causes. It is the responsibility of the government to ensure that policies are in place to
access education for everyone at the right time and with a good quality.

The Kenya Government’s current policy initiatives in the education sector are geared towards the
attainment EFA and, in particular, Universal Primary Education (UPE). The key concerns are
access, retention, equity, quality and relevance, and internal and external efficiencies within the
education system. The effectiveness of the current 8-4-4 structure and system of education has
also come under increasing scrutiny in light of the decline in enrolment and retention particularly
at the primary and secondary school levels in the last decade. The Government is committed to
the provision of quality education and training as a human right for all Kenyans in accordance
with the Kenyan law and the international conventions, such as the EFA goal, and is developing
strategies for moving the country towards the attainment of this goal. To this end, the draft
constitution has identified access to quality basic education as a right enshrined in the Bill of
Rights, which will place more responsibility on the side of the government to ensure that citizens
this right.

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2.0 The legal framework of Education and Training in Kenya

One of the issues that have overtime preoccupied education policy debates in Kenya related to
the legal framework that regulates governance and management of the education sector.
Education and training in Kenya is governed by the Education Act (1968), revised in 1981. This
Act is supported by numerous Acts of Parliament such as TSC Act, KNEC Act, Adult Education
Act, University Act, and various Acts and Charters for universities, which have not been
reviewed to keep pace with the complexities and changes that have taken place in the education
sector. The existence of several laws governing each facet of the education sub sector is a big
impediment to filling the existing gaps in the entire education sector. The main problem is that
there is poor linkage in these laws and statutes. In particular, the Government needs to harmonize
the management of technical and vocational training institutions within the relevant government
ministries. Similarly, the Education Act needs to be harmonized with the Children’s Act, and all
institutions dealing with education should ideally be under one Ministry. In summary, the
harmonization of legislation in the education sector needs to be under a comprehensive
framework statute that has both capacity and latitude to facilitate effective provision of education
for children. The existing legal framework cannot be the basis of providing education as a
human right as envisaged in the proposed constitution and the Ministry of education’s
strategic plan. The need to harmonize the legal framework has been raised from time to time.
Various contradictions and deficiencies in the legal framework continue to constrain efforts at
achieving educational objectives. For example;
a) The expanded role of parents and communities (through the establishment of PTAs) in
education management and financing, the role of civil society organizations such as
NGOs in the provision of education especially at ECDE level, primary, TIVET and non-
formal education sub-sectors as well as the roles of trans-national (cross-borders)
providers of education and training are not covered within the legal framework at a time
that education policy emphasizes on building partnerships for purposes of financing and
governance.
a) The role of local authorities and municipalities in financing and management of
primary education have not been defined in the legal framework; yet they play an
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 important role. In addition, the seven municipalities recognized by the Education Act
play a role in the supervision of schools and development of teachers seconded by TSC.
However, the law does not spell out what roles must remain under the Ministry thus
creating areas of possible conflict. The Act also assigns the management of secondary
school to BOGs and primary schools to SMCs without giving any role to PTAs and
communities in the management of schools and resources.
b) The Teachers Service Commission Act established a highly centralized system of teacher
management that creates a top-heavy secretariat, and allows only limited decentralization,
through agency to PDEs and DEOs for deployment and disciplining of teachers. In line
with the proposed draft constitution that embraces devolution, the ministry of
education and its agents are also picking the trend slowly. This process of devolution
cannot be efficient unless the present legal framework is harmonized to embrace
decentralization of resources and devolution of governance structures. This aspect is
more critical in the area of teacher management.
c) In the realm of higher education, the seven public universities and constituent colleges
operate under separate Acts of parliament, while specific charters awarded as per the
provisions of Universities Act establish the private universities. A separate Act of
Parliament establishes CHE, as an external quality assurance body for university
education and training. There is, however, no harmonization between the various public
University Acts and the CHE Act. Due to this, CHE has problems extending its external
quality assurance services to the public universities. As a result, it has concentrated its
efforts on private universities and this is being resented as discrimination. Another Act
of Parliament establishes HELB as the agency responsible for university loans and
bursaries. However, given the existing legal framework, HELB has no mandate to fund
tertiary level students, many of whom need support to undertake studies. The existing
legal framework as regards higher education presents three limitations in guiding the
development of the sector. First, that recent governance reforms such as the delegation of
the position of chancellorship from the head of state to other persons appointed by the
president is not adequately covered in the legal framework. Consequently, there are role
conflicts between the positions of chancellors and chairpersons of council. Second, the
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 establishment of public universities by separate Acts of parliament do not provide for
reaccreditation of the institutions and external quality assurance mechanisms to address
the challenges to quality in higher education.
d) The Acts, Charters and Statutes of various universities, do not provide for work of
HELB, yet HELB now play an important role in funding university education. This
situation has made some of the vice-chancellors from public universities to sideline it,
thus failing to attend board meetings. In order to address this and other challenges, there
is need to revise all the relevant Acts of Parliament on university education and training
with a view to harmonizing them.
e) The legal framework does not provide for mechanisms of regulating access and
admission of students to the public universities in the context of national educational
goals such as equity and quality. Admissions to the institutions for the regular students
continue to be regulated by the JAB when the majority of students admitted to the
institutions are private.
f) In the TIVET sub-sector, programmes have been segmented across several departments
and ministries, thus making regulation difficult. In addition, there is need to set up a
national training authority to facilitate linkages and coordination between the various
actors. In particular, such a body would be charged with the responsibility of ensuring
quality and relevance of skills training in order to facilitate and stimulate rapid industrial
growth and employment creation.
g) The Board of Adult Education is mandated to provide adult education and to regulate the
provision of education including the registration of adult education centres. Some of the
education centres have been admitting children below 15 years of age and yet their
teachers may not have skills to handle children them. In addition, the Children’s Act
2001 makes education a basic human right without spelling out the role of parents and
guardians in the provision of education to their children. All these issues need to be
addressed and roles clearly delineated.

The challenges that have persisted due to gaps in the legal framework relate to access, Equity,
Quality, management, governance and financing for the education sector. These are the
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challenges that session paper No 1 of 2005 sought to address through implementation of various
programmes as outlined in the KESSP document.

2.0.1 Education Sector Policy Development in Kenya since Independence

In response to the growing and changing operating environment and in order to address emerging
issues, the Government of Kenya through the Ministry of Education has from time to time
undertaken policy reviews and developed sub-sector policies, to reflect national philosophy,
vision, and mission of education and training. However these various reviews have fallen short
of crafting a Harmonized Educational Legal Framework and a comprehensive holistic
Education sector Policy. The new legal framework will identify and indicate the roles of
different actors in the provision of education and training services at all levels, particularly the
Government, parents, community, sponsors and the private sector. In addition, the harmonized
legal framework needs to embrace decentralization and devolution of financing and governance
and vest authority and decision making to management bodies at all levels of service delivery in
education and training sector. These issues are not new and have marked all policy Reviews in
the education sector that has been undertaken since independence.

a) The first Education Commission in Kenya, (The Ominde Report, 1964) sought to reform
the education system inherited from the colonial government to make it more responsive
to the needs of the country. The Commission proposed an education system that would
foster national unity and creation of sufficient human capital for national development.
Session Paper No: 10 of 1965 on African Socialism and its Application to Planning in
Kenya formally adopted the Ominde Report as a basis for post-independence educational
development. The Ominde Report recommended free universal primary education in
Kenya for the first time.
b) The Report of the National Committee on Educational Objectives and Policies (The
Gachathi Report, 1976), focused on redefining Kenya’s educational policies and
objectives, giving consideration to national unity, and the economic, social and cultural
aspirations of the people of Kenya. It resulted in Government support for ‘Harambee’

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 schools and also led to establishment of the National Centre for Early Childhood
Education (NACECE) at the Kenya Institute of Education (KIE).
c) The Report of the Presidential Working Party on the Second University in Kenya (The
Mackay Report, 1981) led to the removal of the advanced (A) level of secondary
education and the expansion of other post-secondary training institutions. In addition to
the establishment of Moi University, it also recommended the establishment of the 8:4:4
system of education and the Commission for Higher Education (CHE).
d) The Report of the Presidential Working Party on Education and Manpower Training for
the Next Decade and beyond (The Kamunge Report, 1988) focused on improving
education financing, quality and relevance. This was at a time when the Government
scheme for the provision of instructional materials through the National Textbook
Scheme was inefficient and therefore adversely affected the quality of teaching and
learning. From the recommendations of the Working Party in 1988, the Government
produced Sessional Paper No 6 on Education and Training for the Next Decade and
Beyond. This led to the introduction of the cost-sharing policy in the education sector.
e) The Commission of Inquiry into the Education System of Kenya (The Koech Report,
2000) was mandated to recommend ways and means of enabling the education system to
facilitate national unity, mutual social responsibility, accelerated industrial and
technological development, life-long learning, and adaptation in response to changing
circumstances. The Koech Report recommended Totally Integrated Quality Education
and Training (TIQET). While the Government did not adopt the Report due to the cost
implications some recommendations, such as curriculum rationalization have been
adopted and implemented. Perhaps it should be noted that one of the gaps in the
process of policy evolution in the education sector is that the government has never
been able to fully implement the recommendations of any of the commissions.
The latest push for the Review of the Education Sector policy and legal framework in Kenya
took place in November 2003, when the government convened ‘The National Conference on
Education and Training’. The conference was attended by over 800 delegates, representing key
stakeholders in the education sector. The theme of the conference ‘Meeting the Challenges for
Education and Training in Kenya in the 21st Century’ was adopted in order to reflect the fact
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that educational development in Kenya was now at the crossroads, requiring a concerted
reflection by all the stakeholders on the many challenges that now constrain the growth of the
sector. These include issues of access, equity, quality and relevance. Other issues relate to the
current structure of education and training, the delivery systems for education services,
mechanism for enhancing partnerships and for mobilizing resources as well as the need to
develop an appropriate legal framework for improved performance. These formed the various
thematic areas that were deliberated upon both in the plenary and in the syndicate groups.
Emanating from the 2003 National Education Conference, the Kenya Ministry of Education was
mandated to accomplish two tasks. First, come up with a harmonized legal framework for
Education and training in the country. And second, come up with a comprehensive Kenya
Education Sector Policy, which will take cognizance of recommendations from previous
Commissions, and which will address the issues of harmony and articulation between the
different education sub-sectors. Session Paper No 1 of 2005 was the outcome of this process
and constitutes the Kenya Government policy on education and training, based on the
recommendations of the conference, and of the various studies undertaken on the sector. In
addition, it embraces the Education for All (EFA) and Millennium Development Goals (MDGs).
Other important policy processes were finalized as a result of the impetus provided by the
conference. These are;
Education Sector Review
Kenya Education Sector Support Programme (KESSP) – 5 year strategic plan
The Ministry of Education Strategic plan

In 2007, the government attempted a new legislative initiative in the form of the 2007 Draft Bill
on Education, Training and Research of Government of Kenya. The draft provides for the right
to education both in the general principles and in the main body. It further provides that primary
education and training shall be free and places the responsibility on the government to provide
the infrastructure and the regulatory regime. The emphasis put on non-discrimination is positive
as it can provide a legal foundation for challenging the disparity in opportunities and facilities
with regard to education in urban slums. The draft however, as is typical with most laws,

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assumes a sense of neutrality and even where it talks about non-discrimination it fails to
recognize the consequences and victims of the historical and structural/social inequality that had
characterized the educational sector. Where a substantial percentage of the population has
hitherto been denied equal access to educational opportunities (as in the case of urban slums) the
reaffirmation of the principle of non discrimination is important. It is equally important that the
law very clearly sets out specific measures to be undertaken to redress these faults. The Act
however, does not impose unequivocal duty on the State. Indeed Section 13 talks of the political
responsibility of the Minister. It is not quite clear however, whether political responsibility has
the same weight as legal responsibility. Educational institutions seem be the primary duty bearers
under the Bill as if the State is a bystander who only comes in to penalize the institutions. The
State, through the Government must assume its primary responsibility.

3.0 Accomplished Targets from Session Paper No 1 of 2005

3.1 The legal Framework for Education and training

First it should be pointed out that what came out as Session paper No 1 of 2005 was not the
outcome envisaged by the 2003 education and training conference. From the proceedings of the
conference and recommendations of previous commissions, it is clear that what was intended
was the harmonization of the various statutes governing education and training to come up
with a single legal framework and a single education sector policy. Instead, the session paper
came out as a policy framework to guide the development of sector policies. The result has been
a segmented approach to the development of sub-sector policies governing each sub-sector in
education, a process that is taking long to get through given that policy documents developed for
each sub-sector have to be passed through parliament. For example, 7 years from the time the
national conference was held and about 5 years since the publication of the sessional paper, only
two sub-sector policies, The National early Childhood development policy framework, and the
Gender and Education Policy have been developed and passed through parliament. Other sub-
sector policies have yet to be developed or are waiting tabling and approval by parliament. This
pace means that it may take much longer to develop comprehensive policies for each sub-sector.
Besides and given the long time that it is taking to develop policies for each sub-sector, the goal
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of realizing a harmonized and articulated education sector that was envisaged by the National
Conference and previous commissions may not be meet in line with EFA and MDG goals and
the KESSP framework.

Other accomplishments in the area of reviewing the legal framework for education and training
are;
The development of a comprehensive policy framework to guide development in the
education sector. The launch of the five year 2005-2010 Kenya Education Sector Support
Programme (KESSP) in 2005 was a significant development. Under KESSP, several
subsectors of the Education sector are developing specific policies and strategies to
ensure key priorities are adequately addressed.
The development of KESSP and the sessional paper were accompanied by the adoption
of a more comprehensive sector-wide development programme that is expected to ensure
that all other sub-sectors are strengthened alongside the primary education. The basis for
the adoption of SWAP by the ministry was to have a broad-based policy platform that
encourages the participation of a wide range of stakeholders, encouraging longer term
visioning, pooled funding through budget support, decentralization and accountability in
management, improvement in access, quality assurance and efficient/effective resource
use. The overall aim of the education sector SWAP is to develop and secure funding for
the Kenya Education Sector Support Programme (KESSP), which will be the basis upon
which the Government, MOES&T, individuals, communities, the private sector, Non-
Governmental Organizations (NGOs) and development partners will jointly support the
education sector for the period 2005/06 to 2009/10
In March, 2007 the Ministry of Education launched its five year strategic plan that
seeks to improve quality of education provided to Kenyans, as well as address equity and
gender imbalance, improve the learning environment and consequently improve the
human capital for Kenya’s economy. The plan has three main strategic thrusts. The first
is to expand access to educational opportunities at all levels, particularly basic education.
The second is to improve the quality of education and the third is to improve institutional

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 framework and expand capacities for effective delivery and management of educational
services.
A gender and education policy has been developed and approved by the Ministry of
Education to provide a framework for planning and implementation of gender responsive
education, research and training at all levels.
A review of the Education Act is currently being undertaken to bring it in line with other
key policies in the sector and take into account changes that have occurred since the
introduction of FPE in 2003.
Based on the recommendations of the Conference, the targets that are specified in the Sessional
Paper constitute, and upon which the success of the policy framework need to be measured
include;
To develop a comprehensive Early Childhood Development and Education (ECDE)
policy paying special attention to gender, vulnerable and disadvantaged children by 2005;
To ensure that all children, including girls, children in difficult circumstances, and those
from marginalized/vulnerable groups, have access to and complete free and compulsory
primary education by 2010;
To eliminate gender and regional disparities in primary and secondary education by 2005;
To achieve universal adult literacy, especially for women by 2015;
To increase the proportion of women in teaching, administration and research at all levels
of higher institutions by 2010;
To actualize the objectives of the session paper, the Ministry of education, in partnership with
donors developed the Kenya Education Sector Support Programme (KESSP) to mobilize funding
for the programmes targeted in the sessional paper. In the overall, KESSP’s goal is to provide a
framework for the achievement of the policy goals, targets and strategies outlined in the
sessional paper. KESSP identifies four areas of special importance in the education sector, and
for which funding had to be sought. These are;
Expanding opportunities for pastoralist children through mobile schools;
Providing a clear pathway to education at different levels for all children, youths and
adults;

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 Extending bursary scheme to cover all the needy and deserving students and areas;
Providing resources for infrastructure development to improve schooling facilities and
strengthening boarding institutions to cater for nomadic pupils.
To consolidate ongoing education sector reforms KESSP was also conceived to assist the
government achieve the following targets:
Attain UPE by 2005 and EFA by 2015;
Achieve a transition rate of 70 percent from primary to secondary school level, paying
special attention to girls’ education by 2008;
Enhance access, equity and quality in primary and secondary education through capacity
building for 45,000 education managers by 2005;
Construct/renovate physical facilities/equipment in public learning institutions in
disadvantaged areas, particularly in Arid and Semi-Arid Lands (ASALS) and urban slums
by 2008;
Develop a national training strategy for Technical, Industrial, and Vocational
Entrepreneurship Training ( TIVET) in 2005, and ensure that TIVET institutions are
appropriately funded and equipped by 2008;
Achieve 50 percent improvement of levels of adult literacy by 2010;
Expand public universities to have a capacity of at least 5,000 students each by 2015 and
increase the proportion of all students studying science related courses to 50 percent, with
at least one third of these being women by the year 2010.

3.2 Philosophy of Education, Vision and Mission

One of the concerns that arose during the 2003 education conference was that the education
sector did not have a national philosophy of education that provides the platform for the
evolution of a national education policy. The session paper has addressed this gap and stated
that, the development, management, organisation, and delivery of education and training services
will be guided by the philosophy of “Education and Training for social cohesion as well as
Human and Economic Development”. The focus of various sub-sectors of education will be on
the acquisition of life skills and life-long learning. Emphasis will be on the provision of holistic
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quality education and training that promotes education that involves both cognitive and affective
domains. Instilling values such as patriotism, equality, peace, security, honesty, humility, love,
respect, tolerance, cooperation and democracy through education and training will be critical.
Quality and relevant education and training for Kenya must also address emerging challenges
such as respect for human rights, drug and substance abuse, corruption, violence and social
exclusion. Education for the 21st century will have to depart significantly from the past trends by
addressing globalisation issues such as environmental concerns, technology and terrorism. For
equity, it will be necessary to take affirmative action to compensate for historical and emerging
inequalities and disparities in all areas of our national life including gender.

The pursuance of the above philosophy and the implementation of educational programmes are
to be guided by Ministry of education’s vision, mission and objectives, which are outlined as
follows:

The Ministry’s vision is “to have a globally competitive quality education, training and
research for Kenya’s sustainable development. This is consistent with the over arching goal of
Vision 2030 that aims at making Kenya a globally competitive and prosperous nation with a
high quality of life. Under the Vision 2030, the country aims to provide adequate and skilled
human resource to support the economic, social and political pillars.

In line with the vision, the Ministry’s mission is “to provide, promote, co-ordinate quality
education, training and research for empowerment of individuals to become caring, competent
and responsible citizens who value education as a lifelong process”. This requires that the
purpose of education and training in Kenya be focused on the development of an individual’s
personality to enable him or her fit into the society as a productive and civil individual.
The objectives of education and training in Kenya as set out in the sessional paper are;
Ensuring that all children, including girls, children in difficult circumstances, and
those from marginalized/vulnerable groups, have access to free and compulsory
primary education by 2010 and achieve a Net Enrolment Rate (NER) of 100
percent by 2015;
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 Enhancement of access, equity and quality at all levels of education and training
by 2010;
Increasing transition rate from primary to secondary to 90 percent by 2012;
Improvement of the quality of education and training so that recognized and
measurable learning outcomes are achieved, especially in literacy, numeracy and
essential life skills relevant to the world of work by 2010;
Ensuring that the learning needs of all, both youth and adults, are met through
equitable access to appropriate learning and life-skills programmes by 2015;
Achievement of universal adult literacy, especially for women by 2015;
Promotion and popularization of Open and Distance Learning (ODL) at all levels
of education and training by 2010;
Introduction of new modes of operation which will provide linkages between all
higher education and training institutions with communities by 2010;
Ensuring quality management capacities amongst education managers and other
personnel involved in education at all levels by 2010;
An analysis of the objectives above, most of which were supposed to be met by 2010 reveals that
most of them will not be met even by a threshold of 50%. While policy efforts have been made
to increase enrolments and transition rates, problems of equity and quality have compromised the
extent to which the national philosophy and objectives of education have been realistically
actualized.

3.3; Gaps in the Sessional Paper and Education policy Framework

Since the 2005 Sessional Paper did not come out as a harmonized policy for the whole education
sector, key existing laws and policies regarding education provision still remain scattered in
different ministries and Acts. This has continued to affect provision of education for children and
undermined efforts to achieve EFA and MDG projections. There are several Acts of parliament
that address different aspects of Kenya’s education system as it relates to children. Some of the
legislations currently in force are:
The Education Act Cap 211
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 The Board of Adult Education Act Cap 223
The Universities Act Cap 210B
The Higher Education Loans Board Act Cap 213
The Industrial Training Act Cap 237
The Kenya National Examinations Act Cap 22A
The Teachers Service Commission Act Cap 212
The Children’s Act Cap586
The Children’s and Young Persons Act Cap 141
The Kenya Society for the blind Act Cap 251
The National Youth Service Act Cap 208
The Science and Technology Act Cap 250

The failure of the Sessional Paper to harmonize these various Acts into a comprehensive policy
framework has resulted to various limitations in realizing equity and quality in educational
provision in Kenya. Some of the persisting gaps are;
Failure to adequately guarantee the right to education as a social right by the existing
legislative and policy measures in Kenya. Like all other fundamental rights, education
must be guaranteed in the Constitution, and the Laws of Kenya, for its primacy is to be
upheld in all spheres, including the delivery of education services. Legislative guarantees
make rights enforceable, and therefore support demands for just and equitable treatment
in the provision of education services and opportunities. The draft constitution has
included these rights, but their realization will be dependent on the passing of the
document.
In general each piece of the legislation above governs a particular facet or sub-sector of
education and the legal framework does not provide for workable linkages in these legal
policies.
Legal provisions for critical sub sectors of education like special education and for
alternative approaches to education like non-formal education (NFE) and higher
education and training are yet to be finalized.
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The existing Education Act mainly concerns itself with the mode of governance of
schools while the critical aspects of access; retention, completion, transition and the
quality of education are ignored. The Education Act has not been used for the generation
of national educational policies even though it gives the minister primary responsibility
for the promotion of education, the progressive development of educational institutions
and the coordination of all the public bodies concerned with education. The act also gives
little guidance on the content/ quality of education provided by private institutions.
The existence of sectoral legislations on various aspects of education and training means
that MOEST is not the only institution of government which is politically responsible for
all matters relating to education. Many educational institutions are not even subject to the
control and supervision of this Ministry. This is especially the case with respect to
institutions concerned with training of post-primary or post-secondary education. This
has led to different methods of accreditation and certification of programs in the country.
Currently there is no particular Act of parliament in Kenya that specifically deals with
OVC. Although it has some strengths the children’s Act enacted by parliament in 2001
has its share of limitations in terms of providing for children who have lost both parents.
The problem of protecting children from abuse by their teachers is not well addressed in
policy and legislative frameworks. Though TSC regulations and code of conduct for
teachers are very clear, they don’t seem adequate as the problem of molestation and
abuse is on the increase. More detailed arrangements to guard against relationships
between teachers and their pupils, as well as sexual demands from teachers needs to be
firmed up.

16
3.1.0 Sub-Sector Accomplishments

3.1.1; Early Childhood Development and Education (ECDE)

The targets that were supposed to be accomplished in this sector according to the session paper
and the KESSP document are;
Development and implementation of an overall ECDE policy incorporating a legal
framework;
Work on modalities to mainstream ECDE as part of basic education and therefore
integrate 4 to 5 year-old children into the primary cycle by 2010;
Intensify capacity building and resource mobilization with a view to empowering
stakeholder to manage their ECDE facilities efficiently; and
Development of a comprehensive national framework with the necessary guidelines for
all ECDE programmes including integrating alternative education programmes, basic
ECDE requirements, a national curriculum, teacher training and certification.
The following targets have been accomplished in this area;
The National Early Childhood Development Policy Framework was finally developed
and passed in 2006, a year behind schedule. The policy framework provides a co-
ordination mechanism for the sector and explicitly defines the role of parents,
communities, various government ministries and other stakeholders in the provision of
ECD services. The policy framework and service standards guideline for ECD was
launched by the Government on January 23rd 2007. This policy framework paves the
way for enhanced access and significant quality improvements for children age 0-5 in a
cross-sectoral manner.
The policy frame work was accompanied by a separate service standard guidelines to
help in operationalizing the ECD policy.
For the first time and due to the coming into force of the policy, ECD has been made
compulsory and mainstreamed into basic education, thus integrating the 4 to 5 years old
children into the primary education cycle.

17
 The government has also taken up the responsibility for the employment and deployment
of the ECDE teachers by the government from 2010.
To provide financial support to ECDE a manual for disbursement of grants has been
developed and funds are being disbursed to centres attached to existing public primary
schools to procure instructional materials, get access to water, sanitation, rehabilitation of
facilities and augment teachers’ salaries based on the needs of respective communities.
The grant has complemented communities’ efforts to enhance access and improve quality
of ECDE. This is in line with Government policy to mainstream ECDE into basic
education by 2010.
Other measures aimed at enhancing the quality of ECDE services and increase enrolment
at this level include the implementation of a 2-year in-service training programme for
ECDE teachers, mounting of a 9-month training course for trainers, enhancing the
capacities of supervisors and Quality Assurance and Standards Officers to ensure the
quality of ECDE programmes and equipping NACECE and DICECEs.
The overall objectives of the 2006 ECD policy framework are;
To ensure that quality services for infants and children are accessible and affordable to all
children, including the vulnerable, disabled and marginalized.
To promote and strengthen partnerships and collaboration among all stakeholders
involved in provision of services and programs for children.
To mobilize resources to provide quality services to all young children.
To provide standards and quality assurance guidelines to enhance quality and efficiency
in the sector.
The above policy developments have had positive impact, especially in terms of access.
Enrolments in the sector grew from 483,148 in 1982 to 1.72 million children in 2008. The
enrolment of 4 to 5 year old children to Early Childhood Development (ECD) nationally stands
at 60 percent but at the regional levels like North Eastern Province it is only 20 percent (2009
Emis data). As summarized in table 1 below, gender and regional disparities in access and
participation have persisted. The causal factors for persisting disparities include cost of ECD to
poor households, community awareness on the value of school readiness programme, distance to

18
ECD centres, availability of school feeding programmes and loss of parents (especially through
HIV/AIDS) among others.

Table 1; Pre-School Gross Enrolment Rate by Gender and province, 2004-2008

PROVINCE/ 2004 2005 2006 2007 2008

DISTRICT Boys Girls Total Boys Girls Total Boys Girls Total Boys Girls Total Boys Girls Total
Coast 60.2 59.0 59.6 60.3 63.6 61.9 61.2 64.5 62.8 61.4 64.7 63.0 62.2 66.5 64.3
Central 40.2 38.1 39.2 39.8 37.9 38.8 40.4 38.4 39.4 40.6 38.5 39.6 41.1 39.6 40.3
Eastern 53.7 48.3 50.9 53.4 47.1 50.2 54.2 47.7 50.9 54.4 47.9 51.1 55.1 49.2 52.1
Nairobi 119.3 139.7 128.8 122.8 141.4 131.3 125.3 143.8 133.8 125.8 144.4 134.3 127.4 148.4 137.0
Rift Valley 61.9 59.5 60.7 64.8 62.8 63.8 65.8 63.7 64.8 66.1 64.0 65.0 66.9 65.7 66.3
Western 53.9 47.5 50.6 53.3 36.5 44.7 54.2 37.0 45.4 54.4 37.2 45.6 55.1 38.2 46.5
Nyanza 54.3 51.0 52.6 53.6 51.6 52.6 54.4 52.3 53.4 54.7 52.6 53.6 55.4 54.0 54.7
North Eastern 22.6 16.1 19.6 22.5 16.3 19.6 22.8 16.5 19.9 22.9 16.6 20.0 23.2 17.0 20.4
Grand Total 58.9 56.3 57.6 59.6 56.2 57.9 60.6 56.9 58.8 60.8 57.2 59.0 61.6 58.7 60.2

Source: EMIS, Ministry of Education

Despite the policy framework, the ECDE sub-sector still faces problems which should be
addressed by policy. These include;
High turnover of trained teachers (estimated at 40% annually) and low participation rates
(NER of 42.1% mainly due to high levels of poverty (currently estimated at 46%). The
problem of trained teachers for the sub-sector is due to job insecurity and low pay since
the government does not wholly provide for teachers’ salaries. In this regard, the
Government’s intention to develop a public service scheme for ECD teachers and to
liaise with partners in education to improve their salaries and terms of service, as stated
in the Draft Sessional Paper No. 1 of 2005, should be implemented.
There is also overcrowding in schools especially those in urban informal settlements,
ASAL areas, and densely populated areas. The situation is made worse because of lack of
adequate water and sanitation facilities which tend to compromise the health of the
learners.
while service delivery for children over three is ensured by ECD Centres, known by
various names (e.g., Nursery School, Kindergarten) and under various types of
19
 management (e.g., public, private, community-based, etc.), no equivalent service
structure exists for children under 3 years. Mothers with young children visit health
services for growth monitoring and immunisation, which is more or less the only care
they provide for their young children. However, information on stimulating the child’s
psychosocial development is largely absent at these health centres, which are very weakly
coordinated with the education sector. The care and education of young children under
three in Kenya is largely in the hands of older siblings, grandparents, and house help, if
they are available.
The developed ECD policy has not addressed the care and responsibility for children
under three explicitly. The Education Act being drafted within the MOEST singles out
3+-5+-year-olds as its target group. The Draft Sessional Paper No. 1 of 2005 states that
the focus of the MOEST will be on 4+- and 5+year-olds, and implies that the provision
for children under three will be done in partnership with other stakeholders.
The ECD policy does not provide for parenting education for the care and education of
young children under three, yet this could provide a cost-effective strategy. Various
parenting education activities are already being delivered by various stakeholders outside
the education sector. To gain new momentum, the MOEST could begin by making a clear
policy statement about this strategy for younger children. The statement must identify the
service venues through which parenting education can be delivered. This may require the
MOEST, first, to develop partnership with various stakeholders, especially those at the
community level.

3.1.2 Primary Education; Expanding Access, Equity and improving quality

The policy focus of the primary education Subsector according to the session paper is on
expanding access and equity and ensuring that all children, including girls, children in difficult
circumstances, and those from marginalized/vulnerable groups have access to and complete free
and compulsory primary education by 2010. The session paper identified expansion of access
and improvement of equity and quality as cardinal to the achievement of EFA and the MDGs by
2015. To address these issues, the Government has undertaken various measures and is

20
instituting reforms to address challenges related to access, equity, quality and relevance. Some of
the policy interventions that have been accomplished to achieve these targets include;
Enacting the Children’s Act that was passed by parliament. The proposed draft
constitution if passed gives a strong legal backing to access to quality basic education as
a social right. In particular, the draft constitution in section 43(1), f, defines access to
education as an economic and social right to be guaranteed by the state.
The declaration of free primary education and the subsequent development of the
sessional paper, the government in partnership with development partners have pursued
various programmes aimed at enhancing access, equity and quality. The most significant
in achieving these goals are the core poverty programmes within the ministry of
education. The core poverty programmes are being implemented through a Sector Wide
Approach (SWAP) under the KESSP and are designed in order to fulfil the policy goals
outlined in the Sessional Paper No. 1 of 2005 and Strategic Plan (2008). In the primary
Education sub-sector, these programmes include the following:
a) Free Primary Education Programme introduced by the government in 2003 has resulted
in increased access to primary education by reducing the cost burden on households and
providing learning and teaching materials to all public primary schools including NFSs.
However issues of quality and retention have limited the impact of the programme.
b) School Feeding, Health and Nutrition Programme; managed in partnership between MOE
and World Food Programme (WFP). The long-term objective of the programme is to
promote universal basic education of socio-economically disadvantaged and nutritionally
vulnerable children, especially girls in pre-primary and primary schools in targeted
ASAL districts and slums in Nairobi.
c) Grants to Low Cost Boarding Primary Schools; provided to pay for salaries for non-
teaching staff as well as retirement benefits for workers. They are also used as capitation
grants for pupils at Kshs.4000 per child per year.
d) Support for infrastructural development; to broaden access and maintain quality;
Adequate and appropriate infrastructure are part of the inputs in a school that contribute
to provision of quality education to learners. The MOE through the KESSP (2005-10)

21
 document has committed resources to improve the infrastructure in primary schools
through school improvement grants, constructing and/or rehabilitating classrooms, and
building new schools in ASALs. Under the economic Stimulus package, funds have been
provided to expand and improve at least one secondary school in each constituency into a
centre of excellence.

As a consequence of the above interventions, various targets envisaged in the session paper have
been accomplished. These include;
The dramatic increase in school enrolments as a consequence of the introduction of Free
Primary Education (FPE) in 2003 for both boys and girls in Kenya. Enrolment increased
from 5.9 million to 8.6 million children by 2008. The NER increasing from 77 percent in
2002 to nearly 92.5 percent in 2008. There has been progress in retention rate with the
primary completion rate increasing from 62.8 percent in 2002 to 81.0 percent in 2007. In
2008, there was a drop in number of standard 8 graduates, hence the PCR declined
marginally to 79.5 percent in 2008.
The transition rate from primary to secondary increased from 45.8 percent in 2003 to 61.5
percent in 2008. The situation is expected to improve with effective implementation of Free
Secondary Tuition to attain a target of 70 percent by 2010.
Table2; Primary Net Enrolment Rate by Gender and Province, 2002- 2008

2003 2004 2005 2006 2007 2008*

PROVINCE Boys Girls Boys Girls Boys Girls Boys Girls Boys Girls Boys Girls
Coast 66.9 60.1 72.8 67.7 75.1 73.3 72.3 71.2 84.6 77.0 85.7 79.2
Central 83.6 84.2 81.4 81.8 87.9 87.0 83.0 83.0 84.4 80.7 85.6 81.5
Eastern 90.4 90.3 91.4 91.5 94.9 93.8 96.9 95.8 98.7 97.8 98.9 97.9
Nairobi 35.5 40.3 35.9 41.1 39.2 40.9 38.8 41.6 49.5 51.8
Rift Valley 84.1 82.0 87.8 85.4 87.9 85.3 91.8 89.8 98.3 94.0 61.8
98.9 59.7
97.2
Western 97.5 93.2 99.3 97.2 99.1 94.6 99.1 94.6 99.1 98.9 99.5 99.1
Nyanza 96.2 95.4 96.9 96.2 98.4 97.2 98.4 97.2 98.4 98.2 98.7 98.4
North Eastern 26.1 16.2 23.6 14.9 26.6 18.8 25.9 18.8 33.1 20.8 39.3 24.5
TOTAL 80.8 80.0 82.2 82.0 83.8 82.6 86.5 86.5 94.1 89.0 94.6 90.5
GRAND TOTAL 80.4 82.1 83.2 86.5 91.6 92.5

Source: EMIS Unit, MoE

*Provisional
22
Despite the above policy commitments, the achievement of access, equity and quality has not
been achieved according to the targets set in the sessional paper. A review of various policy
documents gauged against the targets set out in the KESSP document and the sessional papers
reveal that increasing access, equity and quality have been limited by the following;
Whereas the implementation of the FPE programme led to increase in enrolments from
6.07 million in 2003 to 8.2 million in 2009, there are serious challenges related to
inadequate infrastructure leading to overcrowded classrooms especially in the rural
ASALs and urban informal settlements. This has led to regional and gender disparities in
terms of access and quality of education in schools.
At all levels, the education sector continues to face challenges of quality. All indicators
that determine quality have not been actualized. These include Pupil Teacher Ratio,
availability of facilities and quality assurance mechanisms in place. Relevance is also
affected by the quality of curriculum and the way it is delivered. Increased enrolments
and expansion of schools has led to acute shortage of teachers especially at primary level,
PTRs have gone up and currently stands at 44.1 nationally. The ratios are worse in urban
slums and rural ASALs thus impacting negatively on quality of education. Scores in
national examinations backed with results of learning achievement surveys, such as the
one conducted by SACMEQ and UWEZO, reveal that learning achievement at all levels
of Kenya’s education sector is low implying an enormous problem of resource and
educational wastage in the system.
Inadequate learning materials: The dramatic increase in enrolment resulting from the
introduction of FPE has caused a severe strain on existing facilities. In some parts of the
country children learn in the open due to lack of physical facilities while some sit on the
floor due to lack of furniture. Access to adequate text books has also been a major
challenge although the situation has improved with the student book ratio declining for
core subjects such as Mathematics and English.
There is evidence from the review that the ministry still faces challenges of providing
educational services to reach the hard-to reach children. This is due to weak

23
implementation structures of the programmes targeting such children and inadequate
funding for the same. The proportion of children in the age cohort 6 to 13 years who are
out of schools stands at 7.5 percent. These include children mainly from pastoralist
communities in the northern districts where recurrent drought has accentuated the
problem of school drop outs and children living in low income urban neighbourhoods
where the supply of school places are not enough. There is need for an alternative
Complementary Non- Formal Education opportunity for children who cannot attend
formal schooling including child workers, teenage mothers, and nomadic children
amongst others.
Regional and gender disparities in access and participation still persist, especially in
North eastern province. Net enrolment rates in 2004 were 23.6% and 14.9% for boys and
Girls respectively. In 2005, boys’ GER reached 36% GER while Girls’ were at 18.8%. In
2008, boys NER grew to 39.3% while that of girls was 24.5%. Given such a trend, it is
obvious that the North-Eastern part of the country remains a challenge to the attainment
of the EFA and MDGs and calls for specifically targeted interventions.
Overall, there is near parity at the primary level. Boys and girls were respectively 94.6%
and 90.5% in 2008. However, the primary to secondary transition rates are at 61.5% in
2008. This is an encouraging progress from 43.3% in 2000 and 51% in 2004 but
transition rates remain a concern especially for girls. Dropout rates are higher for girls as
they advance in the system. Between the ages of 16-20 only 35 percent of girls are still in
school compared to 47 percent of males
The continued impact of the HIV/AIDS pandemic in the education sector continues to
limit achievements in access and equity. HIV\AIDS is draining the supply of education,
eroding its quality, weakening demand and access, drying up the country’s pool of skilled
workers and increasing sector cost which is already high in relation to available public
resources. The number of AIDS orphans and other vulnerable children is estimated at 1.2
million. The Ministry’s effort to Mitigate the impact of the HIV/AIDS scourge is
hampered by: High prevalence in HIV/AIDS, which has led to increased number of
orphans in schools; Absenteeism – many children who cannot regularly attend school

24
 because they have to offer care and support for the infected leading to poor performance
in school; Teacher absenteeism and high mortality and morbidity rates on the part of
infected teachers; Stigmatization of the infected; and Limited access to ARVs for the
infected.

3.1.3 Secondary Schooling

Government policy as articulated in the session paper for the secondary education sub-sector
targets increasing access and quality through increasing the number of secondary schools and
improving the quality of teacher training for the sector. Besides the session paper advocates for
promotion of day secondary schools as a strategy to make secondary schooling affordable to a a
majority of Kenyans. Specifically, the session paper outlined the following policy interventions
for the secondary school sub-sector;
In the long-term, work towards integrating secondary education as part of basic
education;
Promote the development of day schools as a means of expanding access and reducing
the cost to parents;
Provide targeted instructional materials to needy public secondary schools, while
encouraging parents and communities to provide infrastructure and operational costs;
Restructure the secondary school teacher training programme to require that teacher
trainees attain basic qualifications in their respective subject areas and subsequently
undertake post-graduate training in pedagogy or extend the Bachelor of Education degree
programme to be five years like other professions;
Establish a National Assessment System to monitor learning competencies in secondary
schools in order to enhance the capacity of schools to undertake school-based continuous
assessment; and
Establish two centres of excellence one for boys and one for girls, at district levels to
serve as role models and to increase national schools.
The following targets have so far been accomplished;

25
 To increase access to secondary schooling, secondary School Bursaries have been
enhanced to provide assistance to children from poor backgrounds increase access,
retention and reduce disparities and inequalities in the provision of secondary school
education. In particular, the bursaries are targeted to students living under difficult
conditions and Most Vulnerable Children (MVCs). These include orphans, the girl child
and children from poor families, slum areas, pockets of poverty in high potential areas,
and ASAL districts. At constituency level, the bursary fund is managed by a
Constituency Bursary Management Committee (CBMC) in consultation with the MOE in
accordance with the set guidelines.
Beginning 2008 the Ministry implemented the Free Secondary Education (FSE)
Programme in order to improve transition from Primary to secondary besides
improvement in retention at secondary level. This initiative aims at enhancing access and
reducing disparity in secondary sub-sector and caters for tuition fees for students in all
the public secondary schools. However parents still shoulder the burden of boarding
expenses and other related costs;
Science Equipment/Laboratory in Targeted Schools; The Government is supporting
schools to improve teaching and learning materials, including laboratory/science
equipment; under a targeted support programme.
Grants to Schools in Arid and Semi Arid Lands(ASALS); As part of an affirmative
action, secondary schools in Mandera, Wajir, Ijara, Garissa, Moyale, Marsabit and Isiolo
have been given an enhanced allocation so that the minimum amount per school in these
districts is Kshs. 100,000 regardless of student enrolment. All the secondary schools in
the 28 ASALs districts receive ASALs grants.
Grants to Support Secondary Schools in Pockets of Poverty; These grants are targeted to
secondary schools in 43 districts that are not categorized as ASALs but have regions
unclassified as pockets of poverty.
The policy interventions above have led to increase in enrolments and retention in secondary
schools. The secondary school GER has increased from 29.7 percent in 2002 to 42.5 percent in
2008(see table below).

26
Table 3; Secondary GER by Gender and Province, 2002- 2008

2003 2004 2005 2006 2007 2008

PROVINCE Boys Girls Boys Girls Boys Girls Boys Girls Boys Girls Boys Girls
Coast 22.7 18.3 26.7 19.5 20.6 18.3 25.9 20.7 29.2 22.7 31.2 25.7

Central 42.4 46.4 44.8 45.1 42.6 42.8 48.3 47.6 53.3 51.3 57.2 57.6

Eastern 33.2 32.9 35.2 33.5 33.8 32.3 36.0 33.7 43.6 37.5 44.1 38.3

Nairobi 16.4 8.7 30.3 19.0 23.8 17.2 25.2 17.5 39.9 31.3 40.2 32.3

Rift Valley 27.6 24.3 29.9 24.5 29.0 24.2 34.3 28.1 37.4 30.8 39.5 32.5

Western 28.3 29.5 31.9 29.0 32.2 27.1 31.5 28.6 40.0 32.8 41.3 35.6

Nyanza 32.4 28.6 31.9 23.1 35.8 26.3 37.7 28.7 44.4 30.6 47.6 32.7

North Eastern 14.0 2.6 6.1 3.0 6.4 3.2 8.6 3.6 9.7 4.4 10.2 6.4

TOTAL 29.7 27.4 32.1 27.6 31.3 27.2 34.6 29.9 40.4 33.3 46.3 38.8
28.5 29.8 29.3 32.2 36.8 42.5
GRAND TOTAL

However few policy setbacks still remain. Despite the introduction of FSE aimed at attainment
of transition rate of 90% by 2012 there still exist a challenge of inadequate physical facilities.
The implementation of FSE has also faced challenges in terms of timely disbursement of funds
to the schools among others. Delay in the disbursement of funds has led to the introduction of
school levies which has considerably defeated the noble intentions of the FSE policy. Funds for
construction of centres of excellence at the constituency level and expansion of existing
secondary schools have been delayed.

3.1.4 Special Education

The policy focus in the special education sub-sector was on access and equity in the provision of
education and training to children with special needs and lack of clear guidelines on the
implementation of an all inclusive education policy, lack of data on children with special needs
and inadequate tools and skills in identification and assessment. This means that special
education has not been mainstreamed in all education sub-sectors and programmes. The
situation is compounded by inappropriate infrastructure, inadequate facilities and lacks of
equipment. Specifically, according to the session paper, policy interventions in this area were to
target;

27
 Rehabilitating and strengthening the assessment programme in order to facilitate
identification and placement of learners with special needs;
Integrate special education programmes in all learning and training institutions and
ensure that the institutions are responsive to the education of learners with special needs;
Collaborate with and co-ordinate other providers of special education;
Provide instructional materials through the waving of duty on specialised equipment and
materials as well as provide incentives for local production of such equipment as a way
of reducing the cost of providing special needs education; and
Develop a national policy that comprehensively defines areas of all special needs, and the
specific needs identified.

Some of the interventions have been implemented while others have not. Among the key
accomplishments in the sub-sector include;
Growth in the number of special education institutions in the country. There were 926
SNE institutions in 2002, which increased to 1,574 in 2008. Most of these institutions are
units integrated in to the normal primary schools.
Provision of Grants for Special Needs Education; Under the FPE programme, special
education institutions and units attached to regular primary schools benefit from
additional capitation grants at the rate of Kshs.2, 000 for each pupil with special needs.
These funds are given as a grant to facilitate procurement of the necessary
teaching/learning materials and equipment to provide quality learning environments for
children with special needs.
A diploma curriculum in special areas developed by KIE is already under
implementation. In addition, KISE is training personnel for special needs education in a
new curriculum that includes autism, deaf-blind, gifted and talented children, children
with learning disabilities, emotional and behavioural difficulties.
Though the policy of inclusive education has not been enacted, progress has been made
in the area and a bill has been drafted to be taken before parliament. Once enacted,
children with disabilities will be integrated into mainstream schools.

28
Due to the interventions above, enrolment of special needs pupils at various levels of education
has increased from 84,650 in 2002 to 221,995 in 2008 as illustrated in the table below.

Table 4; Enrolment in Special Needs Education Institutions by Category, 2002-2008

Category 2002 2003 2007 2008*

Boys Girls Total Boys Girls Total Boys Girls Total Boys Girls Total
Special Primary 7,290 5,221 12,511 7,863 5,545 13,303 19,562 15,649 35,211 20,654 16,548 37,202
Special 3,608 256 3,864 3,822 294 3,984 5,571 4,457 10,028 5,654 5,015 10,669
Secondary
Special 642 527 1,169 757 611 1,362 1,468 1,182 2,650 1,524 1,521 3,045
Tech/Voc
Primary 27,829 39,277 67,106 31,276 41,601 73,121 66,614 93,258 159,872 77,734 93,345 171,079
Units/Integrated
Total 39,369 45,281 84,650 43,718 48,052 91,770 51,496 63,114 207,761 105,566 116,429 221,995

Source: Special Education Section, MoE.

The policy gaps that still limit the operations of this sub-sector include;
Lack of a comprehensive policy framework on inclusion; this has yet to be developed and
therefore the definition of special needs children is limited to the ‘Ministry of education’s
National Needs Education Policy Framework’ which defines children with special needs
and disability as those with hearing, visual, mental and physical impairment. This
framework excludes children in special circumstances such as orphans, children who are
internally displaced, and children from ASAL areas, among others.
Delivery of education and training at the special needs sub sector is constrained by high
cost of equipment for special needs education; inadequately trained teachers and
assessors in special needs education. Only 90,000 of the 750,000 school-age have been
assessed to establish the nature of their special needs, and only 26,885 are enrolled in
educational programmes Another constrain is the negative attitude of community
towards special needs children and many facilities not being responsive to the needs of
special needs children.

29
3.1.5 Non-formal education

The national conference on education held in 2003 noted that access and equity in NFE in Kenya
is characterized by low participation rates and regional gender disparities arising from a long
history of neglect. The conference recognized the important role played by NFE and adult and
continuing education as a vehicle for transformation and empowerment of the individual and
society as a whole. The commission of inquiry into the education system in Kenya (2000) noted
that many of the NFE centres cater for poor children and lack basic necessities such as
infrastructure, teaching and learning materials, and equipments and do not have qualified
teachers. Generally, NFE in Kenya has been characterized by rigidity, inflexibility and high costs
expensive which affect access, teaching and learning in NFS.

The session paper targeted the development of a national qualification framework that will
provide opportunities for linkage with the formal education and training system, thus creating re-
entry at all levels as one strategy of addressing inefficiencies in the sub-sector. Besides, the
following interventions have been implemented in the sub-sector;

Grants to Non Formal Schools; the government recognises the sector as important to the
achievement of EFA and MDGs. Under the core poverty programmes, the government
provides grants to NFSs for teaching and learning materials and improvement of
infrastructure.
A system for registration of NFSs has been established in order to know the exact number
of schools receiving grants.
After Kenya implemented free primary education (FPE) in January 2003, the
Government also set up a Street Families Rehabilitation Trust Fund (SFRTF) under the
Office of the Vice-President and the Ministry of Home Affairs to move street children
and families from Nairobi city streets with a plan to rehabilitate them and reintegrate
them back to society. Between 2003 and 2005, 250 of the children joined public schools,
while over 1,000 youth including teenage mothers, gained vocational and HIV/AIDS-
related life skills. In addition, the MoEST piloted Free Primary Education Support Project
funding in 59 NFSs and NFECs in Nairobi.
30
 The Kenya Institute of Education has developed basic NFE curriculum in consultation
with various actors such as NGO’s and CBO’s. Induction/Orientation of NFE teachers
and development of curriculum support materials is on-going. In addition, alternative
secondary level, NFE curriculum and Adult Basic Education and Training (ABET) are
being developed and once completed they will enhance access and participation for
disadvantaged groups.

Consequently there has been a slight increase in the number of institutions and enrolments in the
centres. The enrolment in NFE increased from 99,979 in 2003 to 143,409 pupils in 2008, an
increase of 43.4 percent. Nairobi recorded the highest enrolment at 111,795, with most of the
schools established in the slum areas (see table below).

Table 5, Number of Non-Formal Education Institutions and Enrolment by Province, 2003-2008

Province Institutions 2003 2007 2008

Boys Girls Total Boys Girls Total Boys Girls Total
No.
Coast 251 4,198 3,544 7,742 4,985 5,405 10,390 5,020 5463 10,483
Central 83 582 422 1,004 643 896 1539 720 950 1,670
Eastern 101 443 397 840 789 758 1547 834 765 1,599
Nairobi 640 40,518 36,790 77,308 46,830 44,167 90,997 52,345 59450 111,795
Rift Valley 79 1,615 1,680 3,295 1,642 2,804 4,446 1,723 3,120 4,843
Western 18 1,308 547 1,855 875 1,298 2,173 920 1,287 2,207
Nyanza 133 2,195 1,886 4,081 2,405 2,907 5,312 2,542 3,010 5,552
North Eastern 90 2,489 1,365 3,854 1,661 3,320 4,981 1,720 3,540 5,260
Totals 1,395 53,348 46,631 99,979 59,830 58,555 121,385 65,824 77,585 143,409

Source: EMIS Unit, MoE

The sub-sector however faces more challenges related to lack of policy. These are;
The proportion of registered NFSs in the country is small and equivalent to 20 percent of
the total number of NFSs in Nairobi alone.
Lack of alternative complementary education program for out of school children and
overage children: Kenya does not have a state/supported Complementary Non- Formal
Education program that addresses the learning needs of children who cannot come to

31
formal schooling including child workers, adolescent parents and nomadic children. The
Non Formal Education Policy once finalized and launched will possibly address this issue
and is expected to increase Kenya chances of achieving EFA by 2015.
Despite the importance of this sub-sector to the achievement of EFA, a clear policy
framework has not been developed to regulate it. A draft was first developed in 2004 and
was subsequently revised in 2007 but has not been enacted. There is therefore no
guidance as to how NFS should operate who NFE provider should target and systems to
ensure delivery of quality education.
The legal framework for the existence of NFE centres remains amorphous. Some are
registered by different government departments which include, the Attorney General’s
office, Ministry of Culture and Social Services or the Ministry of Education. As such it is
hard to regulate operations of NFS, including the qualification of school managers,
quality of education and the levies charged. The draft NFE policy proposes to regulate
this anomaly by having all NFS registered under the Ministry of Education. Amorphous
registration affects the quality of teaching and learning in NFS because there is no
regulatory framework.
Overall, the environment for NFE in Kenya remains a relatively fragile one. NFE is
recognized in policy as a crucial tool for strategic socio-economic development, but tends
to be under-recognized in practice. The curriculum on NFE and was only completed and
adopted in 2007. Besides, institutions offering NFE do not have certification recognized
by the government. The Kenya National Examination Council is yet to develop
examination guides for NFE learners.
The NFE sub sector lacks a broad partnerships framework encompassing community
based NGOs, Faith Based Organizations (FBOs), multi/bilateral agencies and key
ministries to enhance efforts to reach participation for out of school children and youth,
including deliberate expansion of FPE grants to non formal institutions. Currently, only a
small number (233) of t he NFSs in Nairobi have received support grants.
Low quality of education offered in Non-Formal Education Centres and lack of clear
linkage with the formal education system has also affected service delivery. Very few

32
 NFSs and NFECs are registered by Ministry of Education making it difficult to extend
Government support to the NFE sub-sector. Many of the OVCs and NFE service
providers are registered under different organizations including Government
Departments/Ministry, such as the Office of the Vice President, Attorney General, Social
Services and NGOs. The lack of a clear policy for this sub-sector continues to compound
the problem.

3.1.6 Adult Education and Literacy

The Session Paper of 2005 groups together Adult and Continuing Education (ACE) with NFE.
This is in itself limiting since ACE tends to focus on adults while NFE focuses more on the
youth. Kenya development policy recognizes ACE as a vehicle for transformation and
empowerment of individuals and the society. The ACE offer opportunities for those outside the
formal school system to benefit from education. For this reason, ACE programmes are
consciously designed to meet specific learning needs. One of the benefits of a successful adult
education system is that once parents become literate, they will value taking their children to
school. Consequently, this will facilitate the success of EFA. The policy targets that were set in
the session paper to revitalize the sub-sector include;
Harmonizing all legal provisions dealing with education, including ACE and NFE
(Children’s Act and the Board of Adult Education);
Promote learning and training opportunities to ensure adequate access by all adults,
children, out-of-school youth, and other vulnerable groups and expand the post literacy
programme to cover all districts;
Develop and regularly review ACE;
Implement a national system for assessment and certification system for ACE;
Develop a legal framework for the establishment of a coordinating mechanism that
embraces all aspects of education under the auspices of MOEST;
Collaborate with other stakeholders to develop the necessary capacities for the
development and management of an effective national ACE and NFE system;
33
The Kenya National Adult Literacy Survey (KNALS 2007) indicated that 61.5 percent of adult
population attained minimum literacy level. Only 29.6% of Kenyan adult population has
attained desired mastery literacy competency. Close to 29.9% of the youth aged 15 to 19 years
and 49% of adult aged 45 to 49 years are illiterate. According to this survey, high regional and
gender disparities in literacy attainment are depicted. The total number of adult learners in adult
education centres increased from 114,865 in 2002 to 189,005 in 2008 an increase of 64.5 percent

The sub-sector has however received little policy attention from the government despite evidence
that an increasing number of Kenyans require adult literacy programmes.
The policy framework for the sector has not been finalized;
There is low access and participation and existence of regional and gender disparities in
access. The sub-sector faces the challenge of relatively low enrolments in relation to the
estimated 4.2 million illiterate adults; this is due to low funding of the sub sector
compared to other sub-sectors.
Regional variations of female to male literacy ratios pose challenges to the national
literacy achievements.
Lack of a clear Adult and Continuing Education (ACE) policy and a clear transition
mechanism hampers this sub-sector.
Table 6 ; Adult Learners’ Enrolment by Province by Gender 2002-2008

2002 2003 2004 2005 2006 2007 2008

Provinc M F M F M F M F M F M F M F
e
Nairobi 414 771 313 402 715 742 389 358 2502 2388 2627 2,165 3,930 3,229
Central 2,894 11,02 2,191 11,31 2310 8209 3349 6624 2782 7154 2921 6,816 4,370 10,166
Coast 4,961 9
9,558 3,752 1
10,05 3781 2052 4796 13048 4290 11032 4505 10,51 6,740 15,675
Eastern 5,788 14,46 4,383 11,15
2 4411 12250 5642 19403 7490 19261 7865 18,35
0 11,76 27,370
N/Easter 3,307 9
5,147 2,504 2
5,399 2836 5489 3365 6515 1824 4691 1976 1
4,409 6
2,956 6,576
n
Nyanza 8,681 10,96 6,534 11,56 5357 24660 6520 13305 5071 13041 5325 12,42 7,966 18,532
Rift 9,922 9
14,42 7,559 9
15,42 8005 15602 9888 17458 9545 24546 10025 523,38 14,99 34,877
Valley
Western 5,374 5
7,156 4,069 5
11,81 4097 9407 4973 10483 3834 9860 4026 4
9,394 8
6,023 14,011
Total 41,34 73,52 31,30 6
77,12 31,51 78,41 38,90 87,42 37,33 91,97 39,27 87,45 58,75 130,43
Grand 1 114,865 4 5 108,431 6 2 109,923 1 2 126,324 2 8 129,311 3 0
126,724 4 0
189,005 5
Total

34
Source: Directorate of Adult Education

3.1.7 Technical Education and Training

The challenges that have faced provision of TIVET in Kenya relate to non-existence of a
harmonized legal framework, resulting to inadequate and obsolete teaching and learning
facilities/equipment, curriculum that is not rationalized and lack of linkages between TIVET
institutions and other educational institutions and the needs of the industry. Until recently,
Technical and Vocational, Education and Training in Kenya has been governed by the following
legislation and legal instruments: -
(i) The Constitution of Kenya
(ii) The Education Act (Cap 211)
(iii) The Higher Education Loans Board Act (Cap 213)
(iv) The Industrial Training Act (Cap 237)
(v) The Kenya National Examinations Council Act (Cap 225)
(vi) The Local Government Act (Cap 265)
(vii) The Teachers Service Commission Act (Cap 212)
(viii) The Universities Act (Cap 210B)

Both the 2003 National Conference on Education and Training and the sessional paper did
recognize the need to streamline the legal framework to avoid duplication and enhance quality of
training. The most urgent reforms that were identified then include;
The establishment of a National steering committee comprising of Government and other
stakeholders to spearhead the development of a National Skills Training Strategy which
is backed with necessary legislation, a clear vision and mission for TIVET system;
The government was encouraged to work with all stakeholders to establish a national and
autonomous authority to be responsible for standards, curriculum development,
examination and certification and facilitate the co-ordination and development of TIVET
in Kenya.

35
 The target was to develop a national training strategy for Technical, Industrial, and
Vocational Entrepreneurship Training (TIVET) by 2005, and ensure that TIVET
institutions are appropriately funded and equipped by 2008.
The key issues in this policy were that there was lack of coordination of training policies
which resulted mismanagement of scarce resources; duplication of efforts; conflict of
jurisdiction; under-utilization of available training facilities; wasteful and unnecessary
competition; and costly and irrelevant training programmes.
The immediate task as provided in the session paper was to undertake the development of
a National Skills Training Strategy and to implement the necessary reforms along with a
legislative framework for a comprehensive TIVET system.
The need for a policy framework for the TIVET sector was important in terms of
increasing articulation and linkages between TIVET institutions and universities.

The targets that have been accomplished in this area include;

The development of a national skill training strategy; In March 2008, the Ministry did
publish the National TIVET strategy to provide direction, policies, initiatives and
programmes for quality, inclusive and equitable technical, industrial, vocational and
entrepreneurship training responsive to the requirements for regional and global
competitiveness.
A comprehensive TIVET policy as envisaged in the session paper has not been enacted.
However, the Technical, Industrial Vocational and entrepreneurship training bill was
published in 2007 as an Act of parliament. The Act endeavours to promote and develop
the TIVET system, to provide for the improvement of governance and management of
institutions offering TIVET `and to facilitate the regulation of curriculum development,
training, assessment, examination, certification and all matters relating to access, equity,
standards, quality and relevance of TIVET in Kenya. The bill sets up a TIVET authority
to provide governance and curriculum reforms direction in the sector.
An additional innovation is that the education and training system is structured into basic
education comprising 14 years (2years pre-primary, 8 years primary and 4 years

36
 secondary), and higher education and training which consists of TIVET diploma;
undergraduate; and postgraduate (Diploma, Master’s and Doctoral) programmes.
However, these structures are still being set up and implementation of the proposals
contained in the session paper has been slow.
TIVET Bursaries; the programme provides bursaries to needy, vulnerable, and
disadvantaged and HIV/AIDS orphaned students in TIVET Institutions.
Rehabilitation of Technical Institutions;
Establishment of Centres of Excellence; the sub-sector has identified 11 centres of
excellence among the Technical Institutions and has already started disbursing funds to
the identified 11 institutions. These institutions will require Ksh.1 billion to equip them to
the required levels.

In the absence of a policy framework, the TIVET sub-sector continue to face challenges
revolving around inadequate access and equity, limited physical facilities and equipment, high
poverty levels, low public image of TIVET, inflexible curriculum, unequal distribution of
TIVET institutions and cultural barriers (Gender), weak governance and management, lack of
legal instruments for governance, quality assurance, standards credit transfer and accreditation,
low utilization/ integration of technology (ICT), lack of a culture for production and utilization
of ICT tools in the TIVET System, and a weak mechanisms for generation and utilization of
resources by TIVET Institutions.

3.1.8 Teacher Education and Deployment

The National Conference on Education and the Sessional Paper No.1 of 2005 on Education and
Training stressed the importance of reforming teacher Education to enhance the quality of
training and adopt better teacher management and deployment strategies. The in-service training
of teachers was to form an important component of these policy reforms. The policy articulates

37
the need for continuous improvement in the quality of services through continuous teacher
development.
The thrust of the policy was to address existing weaknesses in teacher quality, and to
equip practicing teachers with skills beyond those acquired in their pre-service training.
In-service training should link professional development opportunities, school
improvement initiatives and appraisal with a mentoring system designed to support the
teacher in mastering the many aspects related to teaching and learning.
The policy framework also recommended for the development of a new teacher training
policy based on current and projected needs whose long-term goal is to have diploma as
the lowest level of primary school teachers.
Regarding primary teacher education, the policy is that primary school teachers are
trained to teach all the subjects offered in the primary school curriculum. However, the
content is too wide to cover while at the same time acquiring the requisite pedagogical
skills.
In addition there is the need to review the Primary Teacher Education college curriculum
to encompass emerging issues such as HIV/AIDS education, drug and substance abuse,
among others.
The curriculum for this level should place more emphasis on child-centred approaches in
teaching so as to enhance both quality and motivation.

The need for policy reforms in the area of teacher education is made necessary by various
factors.
First is the increasing complexity in terms of number of teachers trained, the diversity of
providers (public and private), and the levels of education for which the teachers are
trained for (Formal, non-formal etc).
Second is the enlargement of the basic education cycle to range from pre-schools to
secondary schools. Teachers need therefore to be trained in terms of transmitting a
comprehensive package of basic education component which encompass pre-school to
secondary education level as a seamless complementary movement.

38
Third is the need to prepare teachers to handle emerging new areas such as HIV/AIDS
and ICT within the seamless basic education cycle. Emerging evidence from field studies
has indicated that most teachers are professionally and personally unprepared to take up
such new challenges.
Recent evidence from learning achievement in Kenya has shown that learners, both in
primary and secondary schools do not master the learning competencies and skills
expected of their levels. Poor quality teacher training is partly implicated in these trends.
Primary school teachers in Kenya lack adequate capacity that would enable them
discharge their teaching duties effectively as training does not allow for specialization.
The in-service training program that should ensures that teachers in the field have a
chance for professional development does not function efficiently. A recent survey
commissioned by the Ministry of Education revealed that most teachers didn’t think that
in-service courses respond to their needs. This shows that the in-service courses when
provided are supply driven and not sufficiently linked to teacher needs. A related finding
is that 60% of the teachers reported that they had never received or even been given any
in-service training (or feedback) based on a pedagogical problem reported. This suggests
that the in-service courses that are being provided are supply driven and not focused on
the classroom/ student learning achievement. It may also suggest there are no structured
programmes for in servicing of teachers over a defined period.
Teachers’ Advisory Centres have abdicated their role of guiding teachers. TAC Tutors,
who are supposed to give Pedagogical Support to teachers, are more of inspectors than
mentors. There is also inadequate supervision by Quality Assurance and Standards
Officers as the department is short of staff and funds to facilitate the process.
Decentralized teacher management and employment by DEBs; Most aspects of teacher
management in Kenya are largely centralised with the highest hierocracy being the
Ministry of education. Teachers are employed centrally by the TSC. When faced with an
employment related problem, e.g. a salary underpayment or a disciplinary case, teachers
are in most cases forced to travel to the TSC headquarters as the District Education
Offices lack the requisite capacity to address many of these problems. This is quite costly

39
 to the teachers financially and to the school in terms of the time lost when the teacher is
away. Consequently, there is an urgent need to enhance the capacity of the District
Education Offices to effectively and conclusively handle all teacher related issues;
There is a need to review the policy on pre-service teacher training college’s curriculum
to give the trainees room for specialization as well as skills in multi-grade, multi shift,
non-formal and ICT teaching among others. The Ministry of Education has already
implemented an ICT Programme in all public teacher training colleges.
The Ministry may needs to deepen measures that will enhance optimum utilization of
teachers. Implementation of the recommendations from the report on the Teachers
Staffing Norms is yet to be effected. The level of teacher utilization and deployment
which is determined by a set of staffing norms that dictate the Average Teaching Load
(ATL) for all teachers in public educational institutions. Some of the proposals made
include adopting differentiated pupil-teacher ratios in high potential areas and Rural-
ASALs and increasing the Average Teaching Load for secondary school teachers.

While all the evidence available point to a low quality teacher education structure, most of the
policy reform focus in this area has been concentrated in teacher deployment and staffing norms.
Given the diversity of providers emerging in this area, it is important that the government
policy continues to provide a better regulatory environment, while the uptake of in-service
courses and continuing professional education is encouraged through the establishment of a
teachers Certification and Accreditation Board.

3.1.9 Higher Education

The focus of the Session Paper in the area of university education is in increasing access through
establishment of more universities and harmonizing the legal framework for higher education
and training to sustain quality. So far, a policy environment has been created for the expansion of
private higher education institutions. But the bill that was meant to harmonize the legal
framework has not been enacted. Besides, the increasing privatization of public universities is
causing new problems of equity and quality. Hence, problems of inadequate capacity to cater for

40
growing demand for more places in the universities; mismatch between skills acquired by
university graduates and the demands of industry; an imbalance between the number of students
studying science and arts based courses; rigid admission criteria that exclude the possibilities for
credit transfers amongst universities and for graduates from other post-secondary institutions;
and gender and regional disparities in terms of admissions and in subjects and courses
undertaken still persist.
It is important that efforts be made to lobby and advocate for the enactment of the Higher
Education Bill. The bill will among other things;

Ensure quality, equity and reliability in the delivery of post-secondary education;

Provide a legal framework for revamping the higher education, science and technology
and technical education sectors to support Kenya's Vision 2030, whose realization is
dependent on the entrenchment of a culture of science, technology and innovation in
society. It also entails strengthening the National System for Innovation;
The Universities Bill will provide for the establishment and governance of universities,
quality assurance and the enhancement of university education;
The bill proposes the creation of a new Commission for University Education with
enhanced powers over the entire university sector to promote the objectives of university
education and manage accreditation and quality assurance;
The bill seeks to harmonize a currently fragmented system in which every public
university is established by an individual act of parliament. But matters relating to
accreditation and quality assurance are dealt with outside the acts, leading to unwieldy
and poorly coordinated institutions of higher learning;

4.0 Cross-cutting issues and Linkages

The Education Sector derives its mandate from the Education Act, which places the delivery,
regulation and co-ordination of education services under two ministries. In carrying out these
mandates the ministries need to develop linkages with other ministries that also directly or
indirectly provide educational services. Currently, there exist many institutions that undertake

41
education, training and research but operate under different legal statutes. This has led to poor
coordination and supervision of service delivery, resulting to inefficient utilization of resources.
There is need therefore to harmonise the legal framework for effective delivery of services in this
sector. Some of the areas in which there have been limitations in delivery of educational services
due to lack of a legal framework are;

(i) Provision of Education Bursaries; various stakeholders are concerned with the management
of the education and TIVET bursary funds. They are the Ministry of Education (MOE), Ministry
of Higher education, Science and Technology (MOHES&T), Local Authorities, Constituency
Development Fund, Constituency Bursary Committees, Civil Societies and the private sector.
These institutions operate under guidelines developed by the two ministries. Due to the existence
of many partners involved in these activities the disbursement process often results in duplication
and ineffective co-ordination. This calls for proper targeting and more effective co-ordination to
minimize wastefulness.
(ii) Research Development; Research and Development are undertaken by a cross-section of
Ministries and organizations. These include Universities, Kenya National Bureau of Statistics
(KNBS), the Kenya National Academy of Sciences, National Research Institutes which include;
the Kenya Agricultural Research Institute (KARI), Kenya Marine and Fisheries Research
Institute (KEMFRI), Kenya Sugar Research Foundation, Kenya Forestry Institute (KEFRI),
Kenya Industrial Research Development Institute (KIRDI) and the Kenya Medical Research
Institute (KEMRI). The main challenge is the coordination of all these players who operate
under various policy guidelines. The proposed policy on Science, Technology and Innovation is
expected to harmonize coordination of research programmes nationwide.

(iii) HIV/AIDS; HIV/AIDS is cross-cutting and every ministry has an institutionalised

component of HIV/AIDS control programme through establishment of AIDS Control Units
(ACUs). The Education Sector has a full-fledged investment programme under the KESSP
whose implementation requires close collaboration with Ministry of Health and other partners
such as the National AIDS Control Council (NACC). Currently, intervention measures initiated
by the two ministries include the establishment of a VCT centre at MOE headquarters and the
42
implementation of the sector workplace policy on HIV/AIDS. The persisting policy challenges in
the area of HIV/AIDS and education entail the following;
Prevention through in-service of staff in primary and secondary school sub sectors, peer
support initiatives in teacher training colleges, orientation of KIE materials, provision of
teaching and learning materials and provision of school health club activity kit;
Financial support to Most Vulnerable Children (MVC), extended families support,
apprenticeship scheme for child heads of families, big brother/sister mentoring, video
shows on abuses, stigma, discrimination, harassment, drug dependency, barriers to
inclusion, retention and transition. The challenge for the Ministry is to ensure that the
Most Vulnerable Children (MVCs) have access to basic education;
sustain the administrators and Teachers living with HIV and AIDS through the relevant
networks, videos on implementing the education sector policy on HIV and AIDS in the
workplace and revision and distribution of guide on regulations;
strengthening ACUs in the various SAGAs in HIV and AIDS and anti-drug dependency
initiatives;

IV) ICT and Education; In popularizing the application of Information Communication

Technology (ICT) as stipulated in the Vision 2030, the GOK has launched an e-learning
programme. The Government through KIE has embarked on digitization of the curriculum and
digital curriculum. The MOE in collaboration with the Ministry of Energy plans to provide power
in all secondary schools so as to strengthen e-learning and use of ICT in pedagogy. The
Government has also made available KSh.42 million to 20 Primary Teacher Training Colleges
(PTTCs) with each college receiving KSh.2.1 million to enhance ICT in curriculum delivery.

4.1 Development of a National Accreditation and Qualifications Framework and learning

Assessment

A National Qualification Framework specifies learning outcomes and sets standards against
which learning achievement can be assessed and certified, and quality assured. It is a structure
that classifies and registers educational qualifications according to a set of nationally agreed
upon standards or criteria for levels of learning and skills obtained. In the absence of such a

43
framework, teaching and learning is based on the end of cycle examination without focus on the
competencies to be attained in each subject at the various classes before the end of the primary
school cycle.

The National Conference on Education and Training and the session paper recognized the need
for a national qualification framework especially with regard to easing the entry of students from
NFE and TIVET institutions to the formal education system. The qualification framework was
supposed to provide opportunities for linkage with the formal education and training system, thus
creating re-entry at all levels. The qualification framework has however not been developed and
therefore linkages between various sub-sectors and the levels of articulation remain weak. The
problem of weak linkages and lack of articulation affects mostly private TIVET tertiary
institutions which offer either accredited or non-accredited curriculum. The majority of these
institutions are not registered with the Ministry of Education. The diplomas or certificates they
offer are therefore not standardized since there is no framework to equalize them with those
offered within the framework of the national curriculum.

4.2 Governance and Management of the Education Sector

Government policy in this area as articulated in the policy framework is focused on

decentralizing management as much as possible to the district and school levels in order to
enhance accountability and efficiency in programme implementation. The Session has identified
decentralization of the management of education and training services as a key strategy for
achieving enhanced service delivery. At the national level, the adoption of Results Based
Management (RBM) by the Government called for a paradigm shift which entails embracing
Performance Based Management System across all Ministries and departments. In this regard all
ministry staff is accountable for the implementation of their agreed work plans upon which they
are evaluated annually. This approach, if well implemented in the education sector will ensure
efficient and effective delivery of educational services at all levels. But for this policy to
succeed, skill gaps of the personnel deployed to the districts in addition to the concomitant
resource requirements for effective service delivery.

44
An important development in this area is that the proposed draft constitution has embraced the
concept of devolution in the education sector. Schedule four of the proposed Constitution
provides that Education policy, standards, curricular, universities and tertiary institutions,
basic education and Special schools shall be the responsibility of the National government.
The responsibility for pre-primary education, village polytechnics and childcare facilities is
vested on county governments. However, various policy gaps still remain relating to
management and governance of education provision in Kenya. These are;

Government policy is to allow the private sector to deliver 10-11% of education

provision. Faith based and civil society organisations also own and manage schools.
However, the relationship between public and private provision is complex and lacks
policy regulation.
The current programme of administrative decentralisation has resulted in the central
MOE divesting itself of much of its responsibilities for the management and
implementation of service delivery to provinces and districts. However in most cases
there is absolute shortage of human capacity at the decentralized units. At the local level,
(districts and schools), decentralization faces challenges related to lack of financial and
administrative management skills. Though the ministry has been undertaking capacity
development for head teachers, SMC members and BOGs, lack of a comprehensive legal
framework that specifies who can serve in some of these committees and the educational
and skill requirements has hampered smooth running of schools.
The education sector in Kenya is not under a single institution but spread within a
number of ministries, and departments of government. Even within MOEST itself there
are divisions, departments and specialized agencies in charge of different aspects of
education. The big problem is that these agencies have not been coordinated well in the
past, often resulting in to inefficiencies, and duplication of efforts and wastage of
resources.

45
Despite notable efforts at decentralization education in Kenya is largely managed from
the ministry headquarters, with limited functions decentralized to Provincial Education
Boards and District Education Boards. Though DEB’s are recognized in the current
Education Act, PEB’s are not. The membership and composition of these two important
bodies are also of great concern since space for civil servants (retired and those in
service) is greater that for parents and local communities. The funding mechanism for
both DEBs and PEBs is also not very clear since they don’t regularly receive budget
allocation form MOEST. Instead these bodies have remained a burden to parents and
schools their upkeep and operational costs.
At the institutional level, schools have SMC’s (School Management Committees) for
primary schools and BOG’s (Board of Governors) and PTAs (Parents Teachers
Associations) for secondary schools. PTAs are however not recognized in law. There has
been confusion for a long time over the roles and functions of these bodies vis a vis the
position and place of the head teacher. The other fundamental problem with these
structures is that they been infiltrated by politicians who more often than not are hell bent
on using them to pursue vested and sectarian interests. Whereas PTAs, SMCs and BOGs
exist in practice, they do not have sufficient decision making powers on one hand, while
on the other they don’t adequately involve parents and local communities in decision-
making.
A new legal policy framework also needs to specify the management and governance
responsibilities for the growing number of providers of education services, including
NGOs and the private sector. This has introduced new challenges relating to the
management and coordination of the provision of education services, especially with
regard to the need to establish clear reporting and consultative mechanisms between
providers and the MOES&T.

46
4.3 Curriculum Reforms

The session paper and the KESSP document in several sections recommend for curriculum
review and reform for various sub-sectors to enhance relevance and quality. Curriculum reform
was to accompany the development of a harmonized education legal framework and policy.
Since this process has been segmented, curriculum reform has been conducted at the level of
sub-sectors and it is unlikely that such a process will lead to relevance as envisaged in the
Sessional Paper. Consequently, a comphrehesive legal policy framework needs to address the
following challenges in the area of curriculum reform;
At the primary and secondary sub-sectors, curriculum review has prioritized reduction of
the cost of education, not so much on improvement of the quality of education. A policy
framework needs to steer curriculum reform to focus on relevance, maximize on scarcity
of resources, respond to technological advancement, recognize developments in other
countries and comply with the demands of new knowledge.
Curriculum reforms also need to be decentralized to cater for regional differences and
education for all. For example, children from nomadic pastoralist communities lack
curriculum tailored to their local needs and have to do with a general curriculum that
privileges children from the more economically developed regions of the country. The
curriculum is also objective based and lacks relevant outcomes or competences and its
major focus is on uptake of content rather than skill acquisition. Emphasis on curriculum
content rather than on the skills is due to the whole system being examination oriented.
The decentralization of the curriculum will address the local needs and involve teachers
in various regions in development of regional based curriculum. It will further shift
curriculum from being examination oriented to competence based.
Curriculum review and/ or reform for the other sub-sectors, especially NFE and Special
education have not been urgent to link it with the formal sub-sector. This has continued to
disadvantage students from these sectors. At the TIVET level, the proposed TIVET
authority is supposed to undertake a review of the curriculum along the framework
suggested in the National TIVET Strategy. At the University level, lack of a harmonized
legal framework and the principle of institutional autonomy have meant that curriculum
47
 reform is undertaken at the level of individual universities. However such approach may
be limited in terms of new developments such as regional integration and realignment of
education and training to the objectives of vision 2030.
Modifying the certification and examination programmes to lay less emphasis on grades
and more on development of other skills. This would reduce the numbers of pupils
repeating grades and prepare students for work in the non-formal sector. The curriculum
in Kenyan schools is grade-based and many parents insist that their children repeat before
advancing to the next level. Modifications to the curriculum will also require changes in
policy and the legal framework.

The policy challenges in the area of curriculum reform therefore relate to coming up with a
comprehensive reform package for all sub-sectors that is linked and moves learning outcomes
from a focus on examinations to creating the human capital required for innovation and
socio-economic transformation. The curriculum should be both inclusive of all children’s needs
and of high quality and relevance with respect to the changing needs of society. There should be
a comprehensive vision of a curriculum, with expected outcomes that include knowledge, skills
and competencies, attitudes and values. This should meet the specific demands of communities
and regions as well as the collective national demands. The scope ranges from cognitive abilities,
through development of language and mathematical competencies, skills, exploration of the
social and physical environment, to the acquisition of personal and social competencies, life and
work-related skills. Moreover, they combine grounding in local traditional knowledge and values
with a global orientation to the achievements of science and technology.

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4.4 Financing policies in education sector

The financing of education and training is a combined effort of the central and local
Governments, the private sector, civil society, households, communities and development
partners. Financing of KESSP is done through a Sector-Wide Approach (SWAP) where all the
partners interested in investing in education are encouraged to pool the resources to avoid
duplication and inefficiencies. The education Act grants the Minister the responsibility to fund
registered educational institutions on an equitable basis in order to ensure the proper exercise of
the rights of the learners. The Ministry of Education is to determine the procedures; provision
and minimum standards for the funding, or provision of subsidies to education institution, and
the proportion of the budget of the Ministry to be allocated between private and public
institutions. Governing bodies are given the responsibilities to ensure that all reasonable
measures are taken within their means to supplement resources supplied by the Ministry in order
to improve the quality of education institutions. This part also has provisions on assets of
educational institutions, annual budgets of education, fees in public education institution,
financial records and statement audit of financial records, financial year of educational
institutions, and disqualification from receiving the funds from levy forces. Given the diversity
in funding sources and management of education finances at the national and school level, a
clear policy framework is needed to guide management of finances and development of schools.
Areas that require policy guidance include the following;

A proportion of government expenditure—some 5% in total—is transferred to the Local

Authorities Transfer Fund (LATF) and Constituency Development Fund (CDF), managed
by local authorities and members of parliament respectively. Risks associated with this
procedure have been noted as the fund is not subject to the same controls, reporting and
accountability procedures like other public funds. Part of both funds are spent on
development projects including in education: one component of the LATF, known as the
Local Authority Service Delivery Action Plan, may be used for school repairs and the
construction of new classrooms, while about 10% of the CDF is spent on education
projects, including infrastructure and bursaries. There is a risk that this causes a mismatch

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 between development and recurrent expenditure, because the Teachers' Service
Commission (TSC) is formally obliged to fund the salaries of teachers to staff any new
schools that are built, without being involved in the decisions about whether those
schools are required. Due to this policy lapse, construction of unplanned, uncoordinated
and non-viable schools through the devolved funds such as CDF and LATF may result in
serious wastage of resources.
The recent emphasis on decentralisation to provincial and district level has increased the
requirement for financial management, procurement and audit skills at sub-national level
and poses a challenge since there is reported to be a shortage of qualified personnel to
implement and monitor programmes.
Partnership in education between the government and local communities has been a
practice in Kenya since independence. However, during the past decade owing to
increased demand for and rising cost of education, the need for community participation
has become more pronounced. Although MOEST has provided guidelines for FPE, these
guidelines are being misinterpreted to mean that parents should not in any way contribute
to their children’s education. As a result parents in some schools/districts no longer attend
school functions or meetings citing free education as the responsibility of government.
The role of communities and community based organizations should be strengthened
through proper legal framework that spells out financing responsibilities.

5.0 Guidelines for Developing a Harmonized Kenya Education Sector Draft Policy

First, it is important to note that Session Paper No 1 of 2005 fell short of the recommendations
that had been made from the 2003 National Educational Conference and recommendations of
previous commissions. The recommendations were two-fold;
 The development of a harmonized policy framework for education and training in the
country in terms Acts, guidelines and legislations as well as addressing emerging
priorities and issues.
 The development of a comprehensive legal framework for the education sector

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It will seem then that given the approach adopted by the Ministry, the above recommendations
have not been implemented fully. What is needed therefore is a compressive education and
training legal policy framework that will among other things address the following;
Provide legal provisions guiding the delivery of education and training and linking all the
sub-sectors in the sector with clear lines of responsibilities among the different providers;
Bring into a single legal framework all Acts dealing education and training for children;
Reconcile the Education Policy legal framework with the revised Education Act and
the Education Bill;
Provide clear policy guidelines for progression and articulation between the various sub-
sectors in the education sector;
Realign the education sector in terms of content, delivery and certification to the
country’s development objectives, including achievement of EFA, MDGs and Vision
2030.

5.1 Broad Directions in the Development of Kenya’s Education Sector Policy

In order to design the comprehensive Kenya Education Sector legal policy framework, the
following policy documents should be the guiding pillars;
I) The proposed Draft Constitution proposal; the proposed constitution if approved and
enacted provides guidelines that should inform a new legal policy framework in the education
sector. The specific proposals in the constitution that should inform comprehensive education
sector policy development are;
a) the provision in the bill of rights for the recognition of the right to education as a social right
that government is obligated to provide will put more obligation on government to provide
access to all social groups;
b) the provision in the bill of rights for equality and freedom from discrimination, should provide
conditions for equality of opportunities in education institutions to all groups;
c) freedom of conscience, expression, academic freedom and scientific research have also been
secured in the bill of rights in a way that will change institutional autonomy, scientific research
and social engagement of higher education institutions to their communities;

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d) the draft constitution has also embraced devolution including devolution of educational
provision and management and a legal framework needs to demarcate the various responsibilities
between the national and county governments.
f) in recognizing Kiswahili as both a national and official language; and providing for the
development of indigenous languages, the draft fundamentally acknowledges that both English,
Kiswahili and any indigenous languages can be used as languages of instruction at any level of
schooling in Kenya.

II) The Economic Recovery Strategy; the fourth principle in the country’s ERS is based on
human resource development, mainly in education and health. Specifically with regards to
education, the ERS advocates several interventions such as the expansion of access to primary
education, enhancing secondary education by expanding bursaries to cater for students from poor
backgrounds, the provision of facilities like laboratories and the provision of more teachers. A
new education policy framework needs to be focused on enhancing the achievement of these
objectives.
III) Consistent application of the Sector-Wide Approach to planning in the education
sector

The adoption of the Sector wide approach to planning in the education sector was informed by
the need for a more comprehensive sector-wide development programme that links all the sub-
sectors. This is especially critical for secondary education sub-sector, which is expected to have a
dramatic increase in demand for education services in the coming years. The Ministry has settled
on Sector Wide Approach to planning (SWAP) as the most effective mechanism to coordinate
and implement such proposals. SWAP has the advantage of providing space for participation of a
wide range of stakeholders, encouraging longer term visioning, pooled funding through budget
support, decentralization and accountability in management, improvement in access, quality
assurance efficient/effective resource use and a clear investment plan. Any policy development
for the education sector will take account of this approach such that policy proposals for one sub-
sector are linked to developments in the other sub-sectors to create a seamless continuum.

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IV) Vision 2030; In 2007, the government published a long term strategy for development –
Vision 2030 – which will seek to make Kenya a globally competitive and prosperous nation with
high quality of life by 2030. Kenya‘s Vision 2030 is formed on three pillars: Economic, Social
and Political. Specifically, under education and training, Vision 2030 highlights the need for
Kenya to provide a globally competitive and quality education, training and research. It also
highlights Kenya‘s ambition to become a regional centre of research and development in new
technologies. This will be achieved through: integrating early childhood education into primary
education reforming secondary school curricula: modernizing teacher training; strengthening
partnerships with the private sector; developing key programmes for learners with special needs,
rejuvenating on-going adult training programmes revising the curriculum for university and
technical institutes to include more science and technology; and in partnership with the private
sector, the Government will also increase funding to enable all these institutions to support
activities envisaged under the economic pillar. A new education policy needs to reorient
education delivery to the achievement of these goals. The policy needs to focus on the quality of
higher education with regard to skill development, science and innovation.

V) First Medium Term Plan (MTP) 2008-2012; Like the ERS, the MTP is based on an
overarching approach to macroeconomic stabilization, supported by three pillars addressing
economic, social and political challenges. However, there is also an emphasis on cross-cutting
foundations for national transformation, in particular infrastructure, ICT and the importance of
science and technology. The MTP also explicitly addresses some of the factors in education such
as the need to expand secondary, TIVET and university education, in line with the human capital
needs identified in Vision 2030. The education development budget contained in the MTP is
allocated around 9% of the total over the five-year period, but by far the greatest allocation
within this is given to expanding secondary education, and then to increasing access to university
education.
VI) Achievement of EFA and MDGs; As already noted some of the targets for the
achievements of EFA and MDGs have been missed. One reason for this has been the increasing
incidences of poverty among the population. Income and household surveys in Kenya have
revealed that Kenya ranks among the countries with the highest disparities of income and wealth
53
in the world. There is strong linkage between education and poverty. The poverty Profile
undertaken within the PRSP shows that people who do not have education or have low education
have limited access and control over economic opportunities. This is especially so in the case of
women and girls. The proposed draft constitution includes provisions aimed at addressing issues
that limit access to resources and well-being. Any comprehensive education policy should take
these concerns on board. It should provide for access to quality education on an equitable basis
as a mechanism of getting people out of the poverty trap. Education provides the human capital
necessary for poverty reduction, making available the only kind of negotiable capital to which
the majority of the population will have access. To this end, comprehensive policy should focus
on achieving the International Development Targets (IDTs) of EFA by 2015 and reducing gender
inequality in education; the provision of textbooks and relevant curricula at all levels of the
system; the training of more teachers particularly at primary level; and the provision of
HIV/AIDS education to all children.

Besides, policy should place considerable emphasis on other areas in the education system such
as science and technology with special attention to Information Communication Technology,
vocational/technical education and functional adult literacy. Other policy strategies should
include:
Reviewing the curriculum to ensure provision of required values and skills, including
values that promote gender equality and equity in all areas of life;
Encouraging the private sector to absorb some of the increase in numbers, particularly in
secondary and higher education;
Increasing beneficiary contributions, cost recovery and institutions’ own efficiency and
earnings in higher education;
Involving communities in the construction, management and supervision of their own
primary schools;
Improving financial control and increasing efficiency in the utilisation of government
resources at all levels of the education system.

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VII) Setting Minimum Learning Achievement Targets (MLA); One of the weaknesses of
past policies in education, including session paper No 1 of 2005 has been inadequate attention of
learning achievement. The policies have always defined success in education in terms of
increases in enrolment to the exclusion of what children learn at school. Recent studies
measuring learning achievement has revealed how little children are learning at school, which
compounds the problem of adult illiteracy. Education policy should in this regard set broad
frameworks that spell learning achievement levels expected of learners at each level of education
and measurement indicators. Policy that addresses the problem of learning achievement at the
basic education level will in the long-term reduce pressure on adult literacy programmes. The
new legal framework should therefore focus on planning, resourcing and curriculum delivery to
give more attention to the overall development of education as opposed to skewed emphasis on
access. The policy should emphasize that education strategy is one that improves both access and
quality in parallel, and commit to fund all strategies that work towards this aim, alongside
improving retention, completion and transition rates particularly at primary and secondary levels.
The policy focus should be on literacy, cognitive abilities, performance and progression to higher
levels of learning.
VIII) Decentralization of Education Management and Governance; The Government
through the Ministry of education has been implementing the process of decentralization of
certain functions as a way of empowering the population to participate in development activities
that affect them, including education. The proposed Draft constitution has embraced this
concept, and whereas it provides for centralized management of most educational services such
as policy formulation and national planning for education, setting standards and norms,
monitoring and evaluation, curriculum production and approval of educational materials,
development, execution of policy, planning and follow up of education activities at
district/province level and the general administration of schools have been decentralized to local
levels. Any proposed education policy should strengthen this especially in regard to building
education management capacities at the local levels.

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5.2 Proposals for Strategic policy Framework

5.2.1Early Childhood Education and Development

The MOE has already coordinated and developed a comprehensive policy that is in use. The
integration of ECD as part of the basic education cycle has increased enrolments. The areas that
need legal policy here are;
the training and employment of teachers for ECD centres, training course for trainers,
enhancing the capacities of supervisors and Quality Assurance and Standards Officers to
ensure the quality of ECDE programmes and equipping NACECE and DICECEs.
Reviews have shown a high turn-over of teachers at this level due to poor remuneration.
Policy needs to clearly indicate the responsibility for the development of the under 3
children.

5.1.2 Primary education

The problems at these levels still remain increasing of access and maintaining quality.
Part of the reason limiting access is inadequate facilities and infrastructure, especially in
ASAL areas, urban slum areas and some rural areas.
Capacity building for infrastructure improvement has been realized fully but there will
be need for retraining for sustainability.
The role of BOG/SMC involvement in management need to be is clearly established by
policy.
A policy framework in the area of primary education should provide and streamline the
Participation of private sector in supporting school facilities and school management.

5.1.3 Secondary education

The policy framework here should focus on the following;

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 The policy of Free Secondary Education (FSE) should be sustained as a strategy of
expanding access.
There is need for a policy to guide a massive programme of expanding secondary
education countrywide. In this regard, there should be an effort to control fee payment in
secondary school education and fee ceilings recommended by government should be
adhered to and effectively monitored.
In order to increase access, policy should target at enhancing Public Private Partnership
strategy by giving incentives to investors in secondary education sub sector through
initiatives such as tax rebates, tax holidays, Built, Operate and Transfer (BOT).
Policy should also encourage communities to participate in infrastructure provision to
supplement the efforts of the Government. The communities will need greater
involvement in school development activities as well as participate in monitoring of
service delivery at the school level.

5.1.4 Non Formal Education

Policy in this sub-sector should address the development of a compressive policy and the
need to finalize and implement the NFE curriculum as well as develop a national
accreditation system that will ensure quality in NFECs institutions.
Kenya does not yet have a NFE education policy. A draft was first written in 2004 and in
2007 it was revised with a view to having it enacted to support the implementation of the
NFE curriculum.
The new policy framework should provide guidance as to how NFS should operate, who
NFE provider should target and systems to ensure delivery of quality education.
One developed and enacted, the NFE policy will define issues of linkages and quality
assurance in Non-formal schools, teacher training and material development.

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5.1.5 Special Education

The policy focus in Kenya for this sub-sector should be towards implementation of
inclusive education policies that provide quality education for all youth and adults
through targeted interventions.
Hence policy should focus on mechanisms of integrating special needs education into
regular schools. This will entail implementation of a special needs education policy,
conducting research in area of special needs.
The policy should also lay a framework for educational infrastructures to be friendly for
use by learners with disabilities.
Other issues that policy here should address include defining areas of all special needs,
their specific needs backed by a legal framework that upholds and protects the rights of
people with special needs, and articulates any necessary affirmative action in
employment, access to education including higher education and health.
The policy should provide for mandatory assessment and guarantee placement of special
needs children into regular schools, ensure a periodic census and registration of
children/people with special needs and the provision of support.

5.1.6 Technical Industrial Vocational and Entrepreneur Training (TIVET)

So far, the legal framework for TIVET has been reviewed and a TIVET bill published for
enactment. The development of the national skills training strategy and the legal
framework to strengthen reforms and enhance capacity in the sector are in place. The
TIVET Bill provides for the establishment of a TIVET authority to oversee education and
training in the sub-sector.
What remains here is lobbying for the enactment of the policy. Such policy should
provide for TIVET to be sensitive to gender and the needs of learners with disabilities.

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5.1.7 Adult and Continuing Education

The policy focus on the area should aim at developing a national qualification framework
that will provide opportunities for linkage with the formal education and training system,
thus creating re-entry at all levels; and harmonizing all legal provisions dealing with
education, including ACE and NFE (Children’s Act and the Board of Adult Education);
The National Qualification Framework (NQF) should be included in the new framework
to ensure standardization of certifications and qualifications in cases where there is a
multiplicity of service providers, and in order to ensure provision of quality assurance for
the public protection.
Promote mainstreaming of Adult and continuing Education to the central education sector
Establishment of collaboration and networking with other stakeholders for the
development and management of Adult and Continuing Education (ACE) and NFE;
Establishment of opportunities for linkages among adult, continuing education as well as
non formal with formal education and training systems by facilitating entry and exit at all
relevant levels;
Promotion of learning and training opportunities to ensure access by the adults, out of
school youth and other vulnerable groups and to expand the post literacy programme to
cover all districts in the country;
Promotion of the open, distant and e-learning education to increase opportunities for
adult and continuing education as well as non formal education

5.1.8 Teacher Education

To improve the quality of teacher education programmes, a comprehensive policy should

address the supply and demand for continuing professional education and in-service
training for all cadres of teachers serving the expanded basic Education cycle.
Whereas efforts by the government to streamline teacher management and staffing norms
have been laudable, policy should explore the setting up of a teacher’s certification and

59
 accreditation board that will license teachers to practice on an agreed basis. This policy
provision will enhance demand for continuing professional development at an individual
level and improve the quality of basic education in the country. This is important given
the increasing number of providers of teacher education services, including regional,
ones.
The policy on pre-service teacher training college’s curriculum to give the trainees room
for specialization as well as skills in multi-grade, multi shift, non-formal and ICT
teaching among others. The Ministry of Education has already implemented an ICT
Programme in all public teacher training colleges.

5.1.9 University Education

Besides concerns of access, quality and equity, the policy framework for higher education
and training has been a source of concern. Public universities for example are established
by Acts of parliament as autonomous institutions, a situation which shields them from
critical external quality assurance oversight. The number of private universities, cross-
border institutions and programmes has been on the increase and therefore the need for
regulation and quality assurance. A new policy legal framework should address this
concerns;
Streamlining access and admission of students to the institutions with funding
mechanisms that are tailored to widening access and participation. Current funding
mechanisms tend to concentrate resources on a small stratum of the population;
Make provision for a system of external quality assurance through institutional academic
audits, accreditation and reaccreditation, and the undertaking of market surveys to
enhance relevance of programmes;
Strengthen the coordinating role of CHE to oversee issues of quality in all university
institutions;
Adopt policies that enhance regionalization of academic programmes.

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5.3 Cross-Cutting Issues

5.3.1 Management and governance

Reforms are necessary to make education more responsive to local needs, particularly to
the needs of majority poor who are often marginalized.
There is need to strengthen decentralization of expertise and budgets, close supervision or
inspection of learning approaches, stronger accountability and end wastage caused by
corruption.
The changes must also be geared towards enhancing capacities of communities and
children to hold education units, agencies, boards, committees and schools to account for
quality, participation and resources.
To manage FPE efficiently and effectively including financial management, policy
should ensure that the education sector in general, and primary education sub-sector in
particular, is efficiently managed and that the limited resources are properly used and
have optimum outcome. This will require injecting professionalism in the appointment of
standards and quality assurance officers, and more critical capacity building at national,
district and school levels.

5.3.2 Gender and education

There is need to engender the national education policy to ensure that the specific needs
and impediments of girls’ access and achievement in education is improved by recourse
to practical strategies;
Affirmative action strategies to increase girl child enrolment, completion and university
training must be adopted at all levels of the education system.
More importantly, education policies should aim at gendering education curricular at all
levels;
Other policy interventions should target Identifying mentors to act as role models for
girls in schools, re-entry policy by MOE allowing girls who are victims of early
pregnancy a second chance to continue with their education, and introduce alternative
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 approaches to formal education focusing on non-formal education especially in the arid
and semi arid pastoral areas.

5.3.3 Education Funding

Policy in this area needs to specify clearing financing responsibilities between

government, parents, communities, and other stakeholders, at all levels of education.
Funding policies should also aim to strengthen partnerships in resource mobilization and
creating a ‘common basket’ of resources for FPE programme.
The legal framework also needs to streamline allocation of affirmative Action resources
to girls and boys from disadvantaged communities and those children with handicaps.

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References

Government of Kenya 2005, Kenya Education Sector Support Program, 2005-10 Government
Printers, Nairobi, Government of Kenya

Kenya, Ministry of Education, 2008, The Development of Education, National Report of Kenya,
Inclusive Education, The way of the Future, Presented at the International Conference on
Education, Geneva, 25-28 November 2008

Kenya, Ministry of Education, 2008, Final Report on the Kenya Education Management
Capacity Assessment (KEMACA), GoK/USAID

Republic of Kenya, Ministry of Education Science and Technology, 2003, Report of the National
Conference on Education and Training

Republic of Kenya, Ministry of Education, Science and Technology, 2005, Sessional Paper No 1
of 2005 on ‘A policy Framework for Education, Training and Research’

Republic of Kenya, 2006, National Early Childhood Development Policy Framework

Republic of Kenya, Ministry of Education, 2008, Public Expenditure Review and Medium Term
Expenditure Framework, 2009/2010-2011/2012, Draft

Republic of Kenya, Ministry of Science and Technology, 2008, Technical, industrial, vocational
and Entrepreneurship Strategy

Republic of Kenya/UNICEF, 2007, Review of progress towards the World Fit for Children, +5
Goals in Kenya,

Republic of Kenya, 2010, The Proposed Constitution of Kenya, Nairobi, Government printer

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