Constitutional LawDevolution and education law and policy in Kenya

This article may be cited as;

Ben M. Sihanya (2014) ‘Devolution and Education Law and Policy in Kenya’ The Law Society of Kenya Journal (LSKJ), vol 10(1), pp. 60-94.

This paper examines the juridical or legal and policy framework on devolution and education. I analyze how the constitutional promise of devolution is being operationalised in the education sector. I trace the developments proposed and implemented in education with the aim of reviewing the extent and effect of these recommendations. I note that the Constitution 2010, Session Paper No 1 of 2005 and recent reforms in education law have played a significant role in the conceptualization and operationalisation of decentralization or devolution of education services.

I seek to address or test three interrelated research questions, hypotheses or assumptions: First, the constitutional promise of devolution is ambitious is achievable in the education sector in Kenya as long as the national or central government observes fidelity to the Constitution. Second, the politicisation of education has the quality of education services. Misplaced objectives and priorities are compromising equity, standards, relevance and quality in education. Third, devolution in the education sector is threatened by the central Government and that the institutions established by statute lack the appropriate powers and resources to deliver educational services at the county level.

This study focuses on how devolution relates to education and policy law in Kenya. To read or download the full chapter, click here.


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