Teacher files petition to scrap comprehensive school structure

A teacher and a unionist has moved to the High Court in a Constitutional Petition that seek to permanently stop the Ministry of Education (MoE) from implementing the recommendations on Comprehensive Schools Structure as contained in the Presidential Working Party on Education Reform (PWPER).

Jackson Mungania, who is a former secondary school teacher and an advocate of the High Court of Kenya and petitioner in the case, in his petition also want a declaration that the MoE will have acted in a manner that is inconsistent and/or in total violation of the constitution if it implements the Comprehensive School System Structure.

In the petition, the teacher notes that if the proposal by the PWPER on the Comprehensive Schools Structure is implemented by the MoE, it would be illegal and unconstitutional to the extent that it will breach of Articles 43(f), 53(b) and 132 (3) (c) of the Constitution of Kenya, 2010.

According to Mungania, Article 43 (1) (f) of the constitution guarantees every person the right to Education and that the introduction of Comprehensive Schools without any proper legislation for it will ultimately be challenging and this will limit the right to education as guaranteed under the said law.

He explains that Article 132 (3) (c) grants the President the power to assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, to the extent not inconsistent with any Act of Parliament, adding that the PWPER in discharging its mandate, gave recommendations that are clearly inconsistent with the provisions of Section 41 of the Basic Education Act, CAP 211 which outlines the structure of education in Kenya.

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He also explains further that Article 53 (b) grants every child the right to free and compulsory education stating that the Basic Education Act, CAP 211 was established pursuant to this provision. The attempt to introduce a Comprehensive Schools structure, which is inconsistent with the provisions of Section 41 of the Basic Education Act is therefore a breach of Article 53 (b) of the Constitution and is null and void to that extent of inconsistency.

According to the teacher, introduction of Comprehensive Schools without any proper legislation for it will ultimately be challenging and will limit the right to education and further affect the structure of Basic Education of ECDE, primary, secondary, and middle level institutions of basic education as outlined under Basic Education Act, Cap 211 Section 41.

He observed that the Comprehensive School Structure where all levels of learning from Pre-Primary to Grade 9 will be managed as one institution headed by Head of Institution unlike currently, where these are separate will affect the access to basic education by every child in Kenya and the quality of education delivery.

To this end, the teacher wants a court declaration that such proposal made by the PWPER would be inconsistent with Section 41 of the Basic Education Act, CAP 211 and ultimately, a breach of Articles 43, 53 and 132 (3) ( c) of the Constitution of Kenya, 2010. He also seeks a declaration that the Attorney General has failed, refused and/or neglected its constitutional mandate of advising the MoE.

“A declaration that the Proposal made by the Presidential Working Party on Education Reform for the implementation of the Comprehensive Schools Structure would be inconsistent with Section 41 of the Basic Education Act, CAP 211 and ultimately, a breach of Articles 43, 53 and 132 (3) ( c) of the Constitution of Kenya, 2010,” reads the petition.

“A permanent injunction Order prohibiting the 1st Respondent (MoE) from implementing the Proposal by the Presidential Working Party on Education Reform on establishment of Comprehensive Schools in Kenya,” the petition adds.

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The petition comes at a time when the Kenya Primary School Headteachers Association (KEPSHA), an association that brings together all the primary school headteachers who are currently manning the Junior Schools on interim basis, has rebranded to Kenya Comprehensive School Heads Association (KECSHA) during their recently concluded Annual Delegates Conference in Mombasa in November 2025.

However, the renaming was strongly opposed by Junior School teachers who termed the move as ‘a joke of the year’ adding further that it is unconstitutional and a direct contravention of the Kenyan Constitution.

The teachers noted that the recommendations by the 2023 PWPER lack a legal framework to support the establishment of such a body, reiterating their call for the autonomy of Junior Schools.

KUPPET has always maintained its stand that Junior Schools are supposed to be domiciled in Senior Schools and that the current move where they are domiciled in primary schools as per the recommendations of the PWPER was ill advised.

According to KUPPET, primary schools don’t have the required resources and manpower to manage Junior Secondary School curriculum.

Among the recommendations by the PWPER were that the MoE to establish a Comprehensive School System where all levels of learning from Pre-Primary to Grade 9 are managed as one institution headed by Head of Institution; TSC to provide career progression guidelines for teachers in comprehensive schools; and provide guidelines on Alternative Provision of Basic Education and Training.