Mizizi Elimu Afrika urges Parliament to protect vulnerable learners in education laws

Mizizi Elimu Afrika has urged Parliament to strengthen three proposed education laws, arguing that safeguards are needed to prevent vulnerable children from being excluded from school and to ensure that public education financing responds more fairly to learners’ needs.

Appearing before the National Assembly Education Committee on Tuesday, Lydia Chege, the organisation’s Lead for Ecosystems Building and Government Engagement, outlined proposed changes to the Basic Education Bill, 2026; the Kenya Institute of Curriculum Development (KICD) (Amendment) Bill, 2026; and the Tertiary Education, Placement and Funding Bill, 2026.

The memorandum identifies several barriers to education, including poverty, missing documentation, inadequate support for children struggling with basic literacy and numeracy, and financing arrangements that may not adequately reflect the needs of disadvantaged learners.

According to Chege’s recommendations, children who lack birth certificates, identification cards or other prescribed documents want the Basic Education Bill to prohibit schools from denying learners access solely because they cannot produce the required paperwork.

‘’We recommend barring denial of admission, attendance, assessment, registration or progression and on those grounds, a proposal intended to prevent administrative requirements from becoming barriers to education,’’ Chege told the MPs.

It has also raised concerns about additional charges in public schools. Although the Bill addresses tuition fees, the memorandum warns that other contributions could still place pressure on low-income households.

It recommends that any additional payments be voluntary and non-discriminatory, and that they should not affect a child’s admission, attendance, assessment or progression.

The proposals extend beyond school access to what learners are able to achieve once they enter the classroom.

Mizizi Elimu Afrika argues, ‘’Children can advance through school without mastering essential reading and mathematics skills, and to address that risk, we propose an Early-Grade Remedial Safeguard including diagnostic assessments around Grade Two and structured, funded catch-up interventions before learners enter Grade Four.’’

The memorandum has called for a minimum share of primary-school capitation to be protected for foundational learning materials, including readers, storybooks and mathematics manipulatives.

The recommendations reflect concern that spending on infrastructure, laboratories, information technology and other requirements could leave early-grade learning resources underfunded.

School attendance is another area in which the organisation wants a change in approach.

The memorandum warns that punitive enforcement could penalise families whose children miss school because of poverty, disability-related barriers or circumstances beyond their control.

‘’We recommend assessing the causes of absenteeism, engaging parents and referring families to education or social-protection services before prosecution, and we propose reserving criminal sanctions for wilful and persistent denial of education after appropriate interventions,” Chege said.

The organisation also wants clearer safeguards for learners’ welfare, recommending a positive-discipline framework that includes counselling, restorative practices, parental engagement and structured disciplinary procedures.

For community-based and Alternative Provision of Basic Education and Training institutions, the memorandum calls for proportionate sanctions and opportunities to correct violations before closure, except where learners face an immediate risk to their health or safety.

It also recommends alternative placement arrangements for children affected by closures.

The proposed amendments to the KICD law focus on inclusive curriculum development, stronger oversight and clearer institutional responsibilities.

The organisation argues that education reforms should translate into practical support for learners with disabilities, including accessible infrastructure, assistive technology, inclusive learning materials, specialist personnel and dedicated financing.

The third Bill, covering tertiary education, placement and funding, raises questions about how student support is allocated and administered.

Mizizi Elimu Afrika recommends funding arrangements that reflect learners’ needs and recognise that technical and vocational education and training programmes can have different costs from university courses.

It also calls for regular publication of funding allocation data, stronger career guidance and improved labour-market information, with clearer responsibilities for TEFA, KUCCPS, institutions and sector regulators.

The memorandum further recommends stronger privacy safeguards for student and financial records, procedural protections during inspections and clearer arrangements for the transfer of assets, liabilities and staff as existing financing institutions transition to TEFA.