Ministry of Education (MoE) has issued a directive barring public schools from initiating legal proceedings against each other or other public institutions, in a bid to curb the rising tide of inter-school litigation.
In a circular issued by the State Department for Basic Education, signed by the Principal Secretary Prof. Julius Bitok and addressed to all School Boards of Management and School Principals and head teachers, the ministry termed the trend as “counterproductive” and a misuse of public resources, especially in matters related to school sports and administrative disagreements.
This directive emphasizes the need for efficient coordination and prudent resource use in resolving disputes within public institutions.
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The circular explicitly instructs schools that have already filed court cases against other schools, KSSSA, or the Ministry to withdraw them immediately. Instead, disputes are to be resolved through internal mechanisms or mediation, as guided by the Executive Office of the President and the Office of the Attorney General. The move is aimed at fostering harmony and preserving the integrity of the education sector.
In a further bid to streamline legal processes, the circular prohibits schools from engaging external legal counsel without prior written approval from the Attorney General.
“Any existing contracts with external advocates that were entered into without such approval are to be terminated immediately,” reads part of the circular. This measure is intended to prevent unauthorized legal expenditures.
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The Ministry has also warned school administrators against diverting school funds to cover legal fees. “School resources are meant for educational purposes,” the circular states, adding that any misuse of these funds will be treated as a violation of financial regulations. Offending individuals risk facing disciplinary action and possible sanctions.
The directive has been copied to all Regional, County, and Sub-County Directors of Education, as well as KSSSA officials at all levels. The Ministry hopes the move will restore order, encourage dialogue, and ensure that public resources are used responsibly within the education sector.
By Masaki Enock
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