The government through the Ministry of Education has issued a stern warning to schools that sell or prescribe a specific supplier of uniform of drastic measures if they don’t stop the behavior.
In a circular dated May 30, 2023 signed by the Basic Education Principal Secretary Dr. Belio Kipsang’ and copied to Teachers Service Commission (TSC) Secretary and CEO Dr. Nancy Macharia, all Regional and County Directors of Education have been instructed to ensure no school in their jurisdictions prescribes a specific supplier of school uniforms or any other materials for parents and guardians.
The PS also instructed the Directors to pass the same information to all Sub-County Directors of Education and the institutions of basic learning under their jurisdiction.
He categorically stated that such conducts by school heads contravene the objective of the Basic Education Act No.14 of 2013 which is to promote free and compulsory basic education and regulation 67 (3) of the Basic Education Regulations 2015.
According to Dr. Kipsang’, some schools continue to stock uniforms and direct parents to purchase from them at non-competitive prices. Other schools recommend exclusive outlets for the purchase of uniforms, leading to major public outcry.
The PS noted that the move is going against the spirit of the Competition Act No.12 of 2010 and guiding principles of fairness and open competition as envisaged in the Public Procurement and Assets Disposal Act No.33 of 2015 and Public Finance under Article 201 of the Constitution.
“In compliance with the requirement of the rule of law, these practices should be stopped henceforth. The Ministry will take note and process the names of non-compliant schools for necessary action within the provisions of the law,” reads the circular in part.
In January this year, Trade Cabinet Secretary Moses Kuria banned public schools from selling uniforms and textbooks and other supplies directly to parents, a directive several schools seem to have ignored.
According to Kuria, the new directive will help manufacturers get a share of the lucrative market and open more job opportunities to millions. It further giving parents the freedom of buying school items from preferred traders.
The Competition Authority of Kenya (CAK) also gave a directive that schools should allow parents to purchase uniforms from their preferred outlets as long as they meet the required specifications.
By Roy Hezron
