Tunza Mtoto Coalition Moves To Court Over Capitation Cut

A child rights group, Tunza Mtoto Coalition, has gone to court to challenge the government’s decision to reduce capitation funding for students from Sh22,244 to Sh16,000 annually.

Speaking in Nairobi, the coalition’s executive director, Muthoni Ouko, faulted the National Treasury for what she termed as a violation of the right to education. She urged Treasury Cabinet Secretary John Mbadi to remember that education is a constitutional right and not a privilege that can be adjusted depending on budget constraints.

“Every child in this country is entitled to free and compulsory basic education. That right is not negotiable, and it cannot be undermined by financial declarations or budgetary shortcuts,” Ouko said.

Her remarks come a day after CS Mbadi told Parliament that the government was struggling to fund education due to high capitation costs. He added that delays in releasing the funds were linked to the increased financial burden per learner.

However, Ouko warned that slashing the capitation will severely affect learners, especially those in rural and marginalized areas. She said the move puts pressure on already struggling public schools, with parents now being forced to cover hidden costs, while key learning programs are being scaled back or completely stopped.

“The reduction of capitation directly endangers this right. The dignity of learners is compromised. The result is exclusion, inequality, and an erosion of educational access and quality,” she said.

Ouko insisted that budget decisions cannot override constitutional provisions. She maintained that any major change in capitation must go through the proper legal channels, including public participation, consultations with stakeholders in the education sector, and parliamentary approval.

“The role of the National Treasury is to support and implement constitutional imperatives—not to unilaterally diminish them,” she added.

Tunza Mtoto Coalition has filed a petition at the High Court seeking to declare the capitation cut unconstitutional, discriminatory, unfair, and a step backward in the fight for equal access to education.

She demanded the immediate reversal of the capitation cut and reinstatement of the previous allocation.