Education CS has to take the lead against illegal fees

Education Cabinet Secretary Julius Ogamba, supervises the opening of the KNEC examination container at the Ruiru Sub-County DCC offices in Kiambu County on 19th November 2025. (By Gitau Wanyoike)

When Education Cabinet Secretary Julius Ogamba declares that his hands are tied in disciplining errant school principals over illegal fee hikes, it raises a troubling question: if the top authority cannot act, who will protect parents and learners from exploitation?

Mr Ogamba’s admission points to a deeper institutional paralysis within the education governance framework. While he shifts responsibility to Members of Parliament and the Teachers Service Commission (TSC), the reality is that accountability has become a political tug-of-war, one where students and parents are the ultimate losers.

The Ministry of Education sets policy, but the TSC employs and disciplines teachers, including principals. Meanwhile, politicians often act as shields, intervening when disciplinary processes begin. This fragmented system creates loopholes that “rogue” school heads exploit with ease.

When principals impose unauthorised levies or inflate school fees, they are often betting correctly that enforcement will stall somewhere between bureaucratic caution and political interference. But shifting blame does not solve the crisis. The CS cannot simply claim powerlessness while remaining the face of the ministry.

Leadership demands not just acknowledging limitations, but confronting them. If legal or structural gaps exist, why has the ministry not moved decisively to close them? Why are circulars banning illegal levies repeatedly ignored without consequence?

Equally culpable is Parliament, which the CS accuses of shielding offending principals. If lawmakers intervene to protect school administrators accused of wrongdoing, they undermine both the law and public trust. Oversight should not mutate into obstruction. The role of elected leaders is to safeguard citizens, not to enable impunity in public institutions.

The TSC, too, cannot escape scrutiny. As the body mandated to discipline teachers, it must act firmly and transparently. A pattern of delayed or opaque disciplinary processes only emboldens misconduct. Without visible consequences, regulations become mere suggestions.

Yet, responsibility does not rest solely with institutions. School boards and parents’ associations have increasingly failed to act as effective watchdogs. In some cases, they are complicit; in others, they are intimidated into silence. This weakens the very first line of accountability within schools.

Ultimately, the crisis reflects a systemic failure rather than an individual one. It is a failure of coordination, courage, and commitment to the rule of law. Kenya cannot afford an education system where authority is diffused to the point of invisibility.

If the CS truly lacks power, then reform must be urgent and uncompromising. Clear lines of accountability must be drawn, political interference curtailed, and enforcement mechanisms strengthened. It is unfair to lock out bright students from top public schools because their parents cannot afford it.