BONYO'S BONE: Illegal school levies
Audio By Vocalize
Tonight, I take issues once again with the administration of
public education in Kenya!
Parents and guardians across the country continue to shoulder
the weight of expensive education in public schools—especially in primary and
junior secondary schools.
Yet, Article 53 of the Kenyan Constitution is crystal clear:
every child has the right to free and compulsory basic education.
This right is further cemented in the Basic Education Act of
2013, which explicitly states that no public school shall charge or compel
parents or guardians to pay tuition fees for pupils in public primary schools.
Section 29 (2b) of the same act allows schools to impose
additional charges only with the approval of the Cabinet Secretary in
consultation with the County Education Board.
And yet, across the country, headteachers continue to
illegally levy fees and other charges—unchecked and unchallenged.
Some of these school administrators have turned into
opportunistic profiteers, bleeding parents dry under the guise of ‘school
development’ and ‘extra learning materials.’
This is an orchestrated cartel-like system that involves
sub-county and county education officials—who act as enablers, shielding school
heads from scrutiny.
When confronted, they are quick to misquote section 29,
conveniently omitting the critical clause that demands official receipts for
any levies collected.
So, tonight, let me remind them: The same law they love to
quote also warns them. Section 29 (2c) of the Basic Education Act explicitly
states: “no person shall collect levies without issuing an official receipt.”
But what happens in reality? Parents are forced to pay
unjustified fees with no receipts, no breakdowns, and no accountability.
Every single day, across this country, pupils are being sent
home for failing to pay illegal charges—denied their constitutional right to
education.
At the same time, parents are being financially drained, often
having to borrow money to keep up with these demands.
Yes, public education is in dire need of funding. Yes, schools
require resources. But this is not how the solution should be found.
Education Cabinet Secretary Julius Ogamba, a trained advocate
of the High Court, knows all too well that these practices are unlawful. And
yet, under his watch, schools continue to exploit struggling parents.
It is a betrayal of the constitution. It is a betrayal of his
oath of office.
Parents are being forced to pay for admission fees,
‘motivational’ funds, remedial lessons, desks and chairs, activity fees—all at
the whims of school administrators, with no legal backing.
This must stop. Free primary education cannot just exist on
paper. Junior secondary education cannot be a financial nightmare for parents. It
is time to end this exploitation.


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