Ombudsman orders MoE to disclose school capitation data

Ombudsman orders MoE to disclose school capitation data
Commission on Administrative Justice chair Charles Dulo (centre) during a past press conference-Photo|Courtesy
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The Commission on Administrative Justice has directed the State Department for Basic Education to publish detailed information on school capitation funds, ruling that the public’s constitutional right to access information has not been met.

The decision follows an Access to Information (ATI) review in which the Ministry of Education was found to have inadequately responded to a request for data on capitation allocations to public schools.

The case arose after an applicant sought specifics on the disbursement of government capitation, funds intended to support learning materials, infrastructure, and operational costs in public institutions.

The Ombudsman held that access to such information is guaranteed under Article 35 of the Constitution and reinforced by the Access to Information Act, 2016, noting that public bodies have a duty to proactively disclose information of public interest.

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In its ruling, the Commission ordered the MoE to release the requested capitation data within statutory timelines, warning that non‑compliance would amount to maladministration. The directive underscores the obligation of education authorities to maintain transparency in the allocation and use of public funds, especially where disclosure affects accountability and service delivery.

The decision comes amid mounting concerns over delayed capitation disbursements and opaque reporting, with schools citing funding shortfalls that disrupt operations and learning. Stakeholders say timely publication of capitation data would help track disbursements, verify compliance, and strengthen oversight across the sector. The Commission signalled that continued opacity would invite further administrative action, framing transparency as integral to restoring confidence in education financing.

By Masaki Enock

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