ADVOKS GLOBAL · KENYA
Basic Education Act
4. Guiding principles
Edition: 2022-12-31 · In force
4. Guiding principles
The provision of basic education shall be guided by the following values and principles—(a)the right of every child to free and compulsory basic education;(b)equitable access for the youth to basic education and equal access to education or institutions;(c)promotion of quality and relevance;(d)accountability and democratic decision making within the institutions of basic education;(e)protection of every child against discrimination within or by an education department or education or institution on any ground whatsoever;(f)protection of the right of every child in a public school to equal standards of education including the medium of instructions used in schools for all children of the same educational level(g)without prejudice to paragraph (f) above advancement and protection of every child in early childhood and lower primary level of education to be instructed in the language of his or her choice where this is reasonably practicable;(h)encouraging independent and critical thinking; and cultivating skills, disciplines and capacities for reconstruction and development;(i)promotion of peace, integration, cohesion, tolerance, and inclusion as an objective in the provision of basic education;(j)elimination of hate speech and tribalism through instructions that promote the proper appreciation of ethnic diversity and culture in society;(k)imparting relevant knowledge, skills, attitudes and values to learners to foster the spirit and sense of patriotism, nationhood, unity of purpose togetherness, and respect;(l)promotion of good governance, participation and inclusiveness of parents, communities, private sector and other stakeholders in the development and management of basic education;(m)transparency and cost effective use of educational resources and sustainable implementation of educational services;(n)ensuring human dignity and integrity of persons engaged in the management of basic education;(o)promoting the respect for the right of the child's opinion in matters that affect the child;(p)elimination of gender discrimination, corporal punishment or any form of cruel and inhuman treatment or torture;(q)promoting the protection of the right of the child to protection, participation, development and survival;(r)promotion of innovativeness, inventiveness, creativity, technology transfer and an entrepreneurial culture;(s)non-discrimination, encouragement and protection of the marginalised, persons with disabilities and those with special needs;(t)enhancement of co-operation, consultation and collaboration among the Cabinet Secretary, Teachers Service Commission, the National Education Board, the County Education Boards, the education and training institutions and other related stakeholders on matters related to education; and(u)provision of appropriate human resource, funds equipment, infrastructure and related resources that meet the needs of every child in basic education.
Case law referring to this provision