Ombudsman orders State to release 5-year capitation records

Commission on Administrative Justice Chairperson Charles Dulo and Vice Chairperson Dorothy Jemator Kimengech, during a media briefing on February 13, 2025. [File, Standard]

The Ombudsman, an independent constitutional body that investigates complaints of abuse of power and unfair treatment in the public sector, has ordered the Ministry of Education to release full capitation data for all schools across the country.

The data is to cover the period between 2020 and 2025. The order follows a complaint lodged against the Ministry.

The Ministry will be required to release the capitation data within 21 days, including the name of each school, county, sub-county and ward, as well as the amount of capitation disbursed. Failure to comply will see the commission proceed to court.

In its ruling, the commission maintained that capitation data constitutes public information protected under Article 35 of the Constitution and the Access to Information Act, stressing that access to such information is not a favour granted by the government but a constitutional right. “Any citizen can therefore request this information from the State Department for Basic Education,” the ruling read in part.

Dorothy Jemator, the Access to Information Commissioner, noted in her ruling that under Section 68(2)(g) of the Public Finance Management Act, 2012, accounting officers are required to maintain records of all financial transactions, while Section 81 of the same Act mandates proper record-keeping to facilitate audits by the Auditor-General. 

“In addition, the Basic Education Act obligates boards of management of public schools to keep and submit financial records, including records relating to capitation funds, to the Ministry of Education. This statutory reporting obligation on schools necessarily imposes a corresponding duty on the State Department for Basic Education to receive, retain and manage such records.”

The Ombudsman further emphasised the provisions of Article 35 of the Constitution, which guarantees every citizen the right of access to information held by the State or required for the exercise or protection of any right.

The commission expressed regret at the Ministry of Education’s failure, through the Principal Secretary, to respond to the applicant’s request or to the commission’s letter seeking the information.

“The Commission forwarded the request for information to the Respondent via a letter dated November 12, 2025, notifying them of the request...The Respondent failed to respond to the Commission’s letter,” the ruling stated.

It added: “The Commission proceeded to summon the Respondent to appear before it on December 3, 2025, but the Respondent neither appeared in response to the summons nor tendered an apology for non-attendance.”

The commission ruled that should the Basic Education PS fail to comply with its orders, it would recommend criminal investigations against him.

The ruling comes against the backdrop of mounting criticism of the Ministry over capitation and education funding, led by Kiharu MP Ndindi Nyoro, who last week called for “a deliberate, concise and honest discussion” in Kenya on the funding of free basic education. He stressed that human capital is the country’s most important resource and that basic education is its foundation.

The MP highlighted a recent government allocation to senior secondary schools, noting that arrears from the previous year significantly reduced the funds available for current operations. He argued that the actual capitation per student is far too low to enable schools to operate effectively.

“Case in point for senior secondary: Sh26 billion was released. However, the Government had arrears of Sh22.5 billion owed to schools for 2025. This means only Sh3.5 billion was disbursed, equivalent to Sh109 per learner for the first term. 

“How are principals expected to run schools with Sh109 per learner? If this amount did not include arrears, does it mean the capitation for 2025 was Sh15,384, as disbursed, instead of Sh22,244?” Nyoro asked.