Council of Governors Rejects Presidential Working Party’s Education Reforms, Cite Threats to Devolution

The Council of Governors, in a press statement released on Wednesday, expressed its strong opposition to the recommendations put forth by the Presidential Working Party on Education Reforms. The statement, issued after a consultative meeting involving the Council’s Legal, Constitutional Affairs, and Intergovernmental Relations alongside the Education Committee, outlines the council’s concerns about the potential impact on devolution.

Emphasizing the significance of education as a key driver of socio-economic development, the Council welcomed efforts aimed at improving the education sector but raised apprehensions about the Presidential Working Party’s recommendations.

The Council highlighted the substantial strides made by County Governments in transforming devolved education functions, managing over 30,400 pre-primary schools, employing more than 54,000 pre-primary teachers, and facilitating education for over 2.3 million children across the Counties. Notably, County Governments collectively allocate over 8 billion annually to the education sector, a feat achieved without specific financial resources initially devolved for pre-primary education.

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While acknowledging the efforts of the Presidential Working Party, the Council of Governors insisted on further consultations to address the concerns of County Governments adequately. It asserted that the proposed recommendations, if implemented, would undermine the principles of devolution.

The Council identified specific points of contention in the recommendations, including the establishment of a comprehensive school system headed by a single head of institution, the proposed intergovernmental agreement for hiring and remuneration of pre-primary teachers, and the amendment to the basic education act suggesting the County commissioner as the County Education Board. The Council argued that these recommendations represent a significant rollback on the gains of devolution, particularly in the Early Childhood Development Education (ECDE) sector.

Furthermore, the Council of Governors rejected the recommendation regarding the hiring of pre-primary teachers, citing a High Court ruling that affirmed the powers of County Governments in this regard. It also called for a differentiated framework for the facilitation of development partners supporting education, with the Ministry of Education coordinating partners at the national level and the Council of Governors at the devolved level.

In response to these concerns, the Council of Governors outlined its collective decisions:

Rejection of Recommendations: The Council categorically rejects the recommendations in their entirety, asserting that they undermine the basic structure and framework of the constitution.

Withdrawal from Legislation Process: The Council of Governors officially withdraws its participation from any process aiming to legislate the recommendations, including the proposed meeting scheduled for January 16, 2023.

Continued County Management: County Governments will continue managing both institutions and human resources for constitutionally assigned functions in education.

Devolved Sector Forums: Any convening of devolved sector forums will strictly involve the two levels of government, excluding other entities.

The press statement concluded with the Council of Governors expressing its commitment to enhancing the quality of education and training in the country while strongly protesting against attempts to claw back on devolution in the education sector and other devolved sectors.