Realising the right to basic education through strategic litigation in Kenya

Abstract

In pursuit of creating an inclusive and equitable society, the right to basic education stands as a cornerstone, serving as a catalyst for individual empowerment and social progress. It is not surprising that in Kenya’s Vision 2030, education stands as one of the pillars to actualise the objectives set out in that document. The constitutional framework of Kenya recognises education as a fundamental human right, which is the basis for the development of a knowledgeable and skilled citizenry. This article examines the crucial role that strategic litigation can play in actualising the right to basic education in Kenya, exploring the constitutional provisions that underpin this legal strategy and emphasising the pivotal role of the judiciary. The article argues that the Kenyan Constitution and the entire legal framework provide a solid legal background for civil society organisations and other interested parties to deploy strategic litigation to pressure the government for the realisation of the right to basic education in the country. However, the success of such efforts is largely dependent on how the judiciary understands its crucial role in driving the transformative potential of the Constitution.