Deputy headteacher Makini School,Jacob Omondi Asenje , inspecting the labelling of candidates names on the top of their exams desks on 4th March 2022 during KCPE rehearsal at the School.KCPE exams will starts on Monday Countrywide. [Edward Kiplimo,Standard]

A recent High Court ruling has thrown a hot spanner in the works for school administrators guilty of imposing hefty but illegal levies on poor parents.

In fact, there’s huge debate about it, with growing fear that many school heads out there are dipping their hands in the honey jar however much they face genuine funding snags. We’ve seen a clear trend and the culprits know themselves! Each time this mater comes up, it takes the form of the proverbial frog that croaks but can’t stop cows from gulping up the water.

These levies come in many labels – remedials, construction levy, development kitty, infrastructure charges, extracurricular funds, exam fees, lunch money and many others. At times, they boil down to items like printing papers. Yet none of these have the ministry’s nod. On June 16, the High Court ruled decisively that such levies must get express approval from the Cabinet Secretary for Education. In a landmark judgment, Justice Lawrence Mugambi said even unanimous parental consent cannot legitimise such charges.

Then Education Cabinet Secretary Ogamba Migos responded with a warning shot that disciplinary action will be taken against principals imposing unlawful fees. He wants school administrators to use public resources prudently and refrain from burdening parents. The ruling quickly stirred the hornet’s nest. The Kenya Union of Post-Primary Education Teachers (Kuppet) swore that such levies, which typically range from Sh3,000 to Sh20,000, are important for operations, especially given the frequent delays in exchequer funding. It also cites unpaid bills.

The storm hasn’t ended there. The national principals’ lobby feigned innocence, and came out guns blazing during the 48th Kenya Secondary School Heads Association Annual National Conference that ended in Mombasa yesterday. To them, the court ruling is the villain.

Wanjiku is asking: If these controversial levies are legitimate, why are payments often made under the table? Why are receipts rarely issued, with collections sometimes handled by parents’ representatives handpicked by class teachers, before being remitted to principals?

While the financial strain on schools is real, it can’t justify illegalities. One wrong doesn’t solve another. But now, how will the courts help someone who’s victim and a willing accomplice? Many parents, desperate for good academic grades for their children, will pay top dollar – legal or otherwise – to ‘motivate’ teachers to do their job. The so-called ‘big’ schools are notorious. They use the desire for good grades to coerce parents into doing ‘everything’ they hear during the termly AGMs. In plain terms, parents are being blackmailed to pay extra or risk their child’s academic performance. It’s some people’s time to eat. They’ve no idea how they risk ruining their schools and corrupting young minds.   

As we often say, Kenya is a country governed by the rule of law. Some principals have good ethos but majority who charge levies arbitrarily open the door to abuse in the most unexpected place. The temptation to misappropriate unofficial funds is often irresistible. Here now, the State should address the principals’ concerns once and for all, more so delays in disbursing capitation funds. They can’t operate efficiently while waiting indefinitely for resources. Fixing this will eliminate excuses behind the levies. Why the many lapses yet Education is among the top funded sectors? The sector got at least Sh700 billion in the 2025/26 budget. With the latest disbursement of Sh22 billion in second-term capitation, focus must shift to accountability. Good planning and budgeting will avoid disruptions, ensure efficiency and protect parents, many of whom can hardly put food on the table, from exploitation.  

Ultimately, preserving the integrity of education is a shared responsibility. If our schools become hotbeds of graft, they can no longer be trusted to nurture the next generation. We know how graft has been a costly affair since independence. No one should use scapegoats to justify greed. How do we thrive out of scapegoats? Our problems stem from the ritual of forever looking for someone or institution to blame for endemic bad behaviour. At this rate of inaction, however, all cries just be in vain.