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{
    "id": 813546,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/813546/?format=api",
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    "content": "with regards to the functions of the county government. However, the process of registration is marred with confusion. When I read Article 56 of the Constitution, there are a lot of violations of the Act by the Ministry of Education. I understand where Sen. (Dr.) Milgo is coming from. Bomet County is among the regions which face minorities and marginalized realms. Under Article 56 of the Constitution, the State is obligated to put in place affirmative action programmes designed to ensure that minorities and marginalized groups are provided with special opportunities in education and in the economic field. The problem here is numbers. What is in a number? There is a certain threshold which is given by the Education Act. As Chinua Achebe says, that is where the rain begun to beat the Ministry of Education. We do appreciate that certain areas do not have equal numbers in terms of population strata. This is why there should be exceptions to the rule; it should not be mandatory that for a school to be registered, for instance, a classroom should have 40 pupils in number. What about areas like north eastern Kenya where people are pastoralists and keep moving? We may not achieve that number. Therefore, if the Ministry is going to follow the law to the letter, they will be discriminating against some Kenyans pursuant to Article 56 of the Constitution. That is why I am saying the Government needs to take cognizance of that fact. Article 53 of the Constitution is also very clear that every child has a right to free and compulsory basic education. If indeed the antithesis is happening; that the Ministry of Education is upholding its requirements strictly, then it means the rights of the child which is of paramount importance will be violated. What is the way forward? Mr. Temporary Speaker, Sir, the way forward is to harmonize all the requisite and relevant educational statutes beginning from institutions like nursery, primary and secondary schools and even tertiary institutions. We have had cases where medical colleges in this county, for instance, have been given some temporary charters only for the Government to revoke that. There was a case in point in a place known as Laikipia where in a certain institution, the students were forced not to sit for the exams simply because that institution was said not to have complied with certain requirements. Holistically, there is problem not only with the registration of primary and secondary schools, but also with our tertiary institutions, colleges and universities. We know certain universities in this country have been held not to have complied with the commission of higher education. There was non-compliance of requirements in terms of capacity and land. I do appreciate that for a university to be established, it is a requirement that they should have 50 hectares and above. You may not get that kind of land especially now that land is diminishing in the Republic. Mr. Temporary Speaker, Sir, there is no better time than this for Sen. (Dr.) Milgo to bring to the fore this important subject to be dissected logically and prudently by people of high wisdom and caliber. We have lecturers here – people who are very passionate in education. Like Sen. Cheruiyot said, it should not be water under the bridge. The relevant education committee should come up with the requisite amendment to the relevant law. I am sure we are going to debate, articulate where necessary, amend, verify, modify or even transmogrify the same so that we may have a solution to the problem. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}