Bill: Educate your child or be jailed

By MARTIN MUTUA
and AUGUSTINE ODUOR

Parents and guardians who fail to keep their children in school will be jailed if the Education Bill 2012 sails through Parliament and is signed into law by President Kibaki.

The tough penalty, which makes education free and compulsory to every child, is among a raft of measures sought by the Ministry of Education to ensure all school-age children are enrolled in school and attend classes.

Education: Bill proposes jail term for parents who don’t enroll children [Photo: File/Standard]

The draft Bill proposes that a parent of such a child could be jailed for upto one year or a fine of Sh5,000 or both where the child fails to attend school regularly.

"It shall be the responsibility of every parent or guardian to admit or cause to be admitted his or her child, as the cause may be, to a basic education school," reads the draft Bill in part.

And to further emphasise the parents duty, the draft bill adds that where a parent fails to comply with the above: "such a parent or guardian will be deemed to have committed an offence and is liable to punishment as may be prescribed under regulation."

Only parents or guardians who present within a reasonable time a reason to the satisfaction of the Director General (DG) of Education for the absence of the child at school will escape this penalty.

Only the cabinet secretary will reserve the onus of exemption of any child’s admission to a school through a gazette notice and such an exemption shall be revoked at anytime, said the bill.

It defines the child of compulsory school age as one born in Kenya or who resides within the borders of the country and makes the responsibility of the Government to provide free education, and ensure compulsory admission and availability of schools.

No tuition fees

The draft outlaws tuition in all public schools, stating that no parent or guardian will be allowed to pay tuition fees for or on behalf of any child for basic education and training.

However, it gives a relief to teachers by pointing out that they are free to charge tuition fees to foreigners, while other charges may be imposed by public schools but only with the approval of a Cabinet Secretary (the new designation of ministers under the Constitution).

The document produced under the guidance of new Education minister Mutula Kilonzo says no child shall be denied admission in any public school and no school shall collect any fees during admission.

It, however, allows children to be admitted to a school at the start of an academic year, or even within the period that the learning session is on.

According to the Bill, no child, upon admission to a school, shall be held back in any class, or expelled until he or she completes basic education.

This means that no child will be disqualified from continuing his or her education from any school, as has been the case where learners are sent away from school because of indiscipline.

And in a departure from the past where parents have been called upon to fundraise to build schools, the work of providing infrastructure including buildings, teachers and learning equipment will fall squarely on the Government.

To enhance compliance and adherence to these, County governments will be tasked to ensure all children and youth of school going age within the County attend and stay in school to complete their basic education.

Every county shall have a County Education Board charged with educating all school going children under their jurisdiction by ensuring free and compulsory pre-primary education to every child, among other roles.

The Bill says that for purposes of ensuring effective and efficient management of education and training, there shall be such structures of governance and management at National and County levels in line with the Constitution.

Taskforce Report

This means that the days of parents or guardians sending children to sell groundnuts or food items at bus and matatu stages or market places will be long gone.

Employers are also barred from recruiting children to work in their homes as house helps in return for cash or shelter. The proposals reflect the Taskforce Report on education reforms that recommends four years as the age at which children will enter Class One, a major shift from the current practice where children as old as seven years are enrolled.

The report that wants the current 8-4-4 system of education replaced with 2-6-6-3 format, and that parents and members of the community be responsible for establishing baby care centres to ensure all children get the best foundation.

This is also emphasised in the proposed Bill under the right of the child to free and compulsory education, where it says all children will be accorded an education and training program appropriate to their needs.

Warning to teachers

To this end, the Cabinet Secretary, in consultation with the National Education Board and County Education Board, will establish both primary and secondary institutions within a radius of three kilometers of every residential area.

The Bill says that at least 10 village polytechnics, home crafts centres and other vocational training institutions will be equitably distributed within each County.

Also, as part of the state’s responsibility, it will ensure that children in disadvantaged groups are not prevented from pursuing and completing their education. Other than providing special training for children with disabilities, the Government shall be responsible for provision of infrastructure, teaching staff and learning equipment.

And the draft bill also outlaws the caning of children in school and warns teachers who physically or mentally punish learners that they risk being jailed for a period of up to three months or fine up to Sh20,000 or both.

And in a move to rein in on quacks who defraud parents, the Bill proposes that anybody or institution that intends to offer basic education must be licensed or accredited to or registered by the County Education Board.