The ministry of education taken to court

The Initiative for Social and Economic Rights (ISER), along with lawyers Michael Aboneka and Andrew Karamagi, wants the High Court to compel the Minister of Education and Sports to draft a policy regulating school fees and all other dues payable at any school and institution of higher learning in the country.

ISER’s contention is that education is a constitutional right that lies at the heart of empowering every citizen regardless of class, race, belief, gender or any other social construct.

It is the minister of education’s duty, they say, to ensure the full enjoyment of the right to education, by every citizen, as fundamental to achieving equity, access and fairness.

Again, the plaintiffs state, under the Pre-Primary, Primary and Post Primary Act of 2008 and Universities and Other Tertiary Institutions Act, the education minister has a statutory obligation to regulate education services to reflect the constitution’s role in underscoring education as a right.

However, with the recent reopening of educational institutions, from primary school to university, education is now a right being denied to many by prohibitive school fees along with what the plaintiffs deem to be unnecessary costs.

According to Aboneka, in the absence of the said legal framework, education centers have turned learning into a money-spinning enterprise taking advantage of parents.

Unregulated educational dues, Aboneka contends, are denying learners the right to education by shutting them out of a system designed for only those who can afford it.

“Both private and public continually demand an unnecessary list of requirements such as toilet paper, reams of paper, brooms, rags, among others on top of learners and parents paying school fees”, said Aboneka.

Adding that, “This has in the long run prevented many from returning to school as the school requirements are an additional cost to school fees and is burdensome to the parents and learners who have been affected by the COVID-19 pandemic and do not have the financial wherewithal to comply”.