- The High Court directed the Ministry of Education in September 2024 to establish ESQAC within 60 days.
- Justice Lawrence Mugambi found that failure to establish the statutory council was contrary to the rule of law.
- The ruling followed a petition by Dr Christopher Galgalo Ali challenging the ministry’s failure to operationalise the council.
The High Court directed the Ministry of Education in September 2024 to establish the Education Standards and Quality Assurance Council (ESQAC) within 60 days, in line with the provisions of the Basic Education Act.
Justice Lawrence Mugambi also ordered the ministry to appoint the relevant officers to the council and prescribe the necessary regulations to operationalise its mandate.
The ruling followed a petition filed by Dr Christopher Galgalo Ali, who challenged the ministry’s failure to establish and operationalise the council as provided for under Section 64 of the Basic Education Act.
The court found that the law places a mandatory obligation on the ministry to establish the council, which is responsible for ensuring and maintaining standards and quality in basic education.
Mandatory obligation
According to the judgment, ESQAC is mandated to administer policies and guidelines on basic education, oversee curriculum implementation, monitor assessments and examinations, and evaluate standards and quality in learning institutions.
Justice Mugambi held that the ministry could not exercise discretion on whether to establish the council, noting that Parliament had used the mandatory term “shall” in the relevant provision of the law.
The judge further ruled that the failure to establish the council was contrary to the rule of law and undermined the constitutional objective of ensuring quality education for children.
Dr Ali had moved to court in 2022, arguing that the continued non-operationalisation of ESQAC and failure to appoint quality assurance officers had left the statutory quality assurance framework ineffective.
The ministry contested the petition, arguing, among other grounds, that existing regulations governing the council had legal shortcomings.
However, the court issued an order of mandamus compelling the ministry to establish ESQAC, appoint the relevant officers and put in place regulations necessary to give effect to the council’s mandate.
The Basic Education Act assigns the council a key role in maintaining education standards, including monitoring curriculum implementation and working with county education authorities on assessments and examinations.
The judgment was delivered on September 3, 2024, in Petition E296 of 2022 at the High Court in Nairobi.
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High Court Judge Lawrence Mugambi. In a September 2024 judgment, he directed the Ministry of Education to establish the Education Standards and Quality Assurance Council within 60 days as required under the Basic Education Act.
By Alphonse Mutitu
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