CITIZEN VOICE & ACTION

Promoting accountability and reforms in basic education service delivery in Kenya

N E W S L E T T E R Vol 1 / 2012

Scaling up Citizen Voice and Action efforts

ne of World Vision Kenyas current ministry priorities as documented in WVK National Office (NO) strategy is Access to quality basic education and protection rights for children in Kenya, In addition, WVKs NO strategy is intentional in enabling communities to express their voice and take action on local level decision making processes through a strategic

objective of a Strengthened peace, justice and governance within communities. WVK continues to build the capacities of communities to demand for quality services while at the same time empowering communities to monitor the delivery of such services to ensure effectiveness and efficiency. Through this newsletter we are escalating the journey of ensuring that key issues of

concerns from various communities are highlighted and shared widely with an objective of providing evidence that would enable communities to hold the local leaders and government officials to account for policy implementation and public resources use in as far as the delivery of basic education is concerned. This journey is part of the Citizen Voice and Action (CVA) efforts that enable communities to hold government accountable for the status of service delivery. Through this newsletter, accountability and reforms in basic education service delivery will not only be enhanced through opinion pieces but also through sharing of experiences and lessons learnt by various community groups while undertaking monitoring of service delivery at the facility level. Success stories will be shared with details of the extent of effectiveness of dialogue and accountability sessions between service providers and service consumers. Welcome on board and watch out for Volume 2.

CVA Learning Forum Participants

Basic Education a means to the realization of other rights of the child

As defined by the General Comment No. 13 of the United Nations Committee on Economic, Social and Cultural Rights, Education is both a human right in itself and an indispensable means of realizing other human rights. Education is the primary vehicle by which chil-

dren can obtain the means to partici- system (whether formal or non-formal) pate fully in their communities.Through ! usually provides mechanisms where the provision of basic education chil- children are best protected and linked dren are often equipped with skills and to various basic services such as birth knowledge to be able to prevent and registration, primary health care; immurespond to abuse, neglect, exploitation nization and nutrition among others, and violence affecting them.The school for their growth and development.
1 1 2 2 4 Education Reforms Citizens Participation .................................. The TSC Bill are all the teachers in Kenya aware? ............... The state of ECDE Centers......................................................................... Improving Basic Education Service Delivery ................................... Education for All (EFA) goals...................................................................... 5 5 6 6 7

In This Issue

Scaling up Citizen Voice and Action efforts ...................................... Basic Education .................................................................................................... Basic Education Service Delivery Community Concerns .. The quest for free and compulsory basic education ................ CVA groups championing education reforms .............................

Basic Education Service Delivery Community Concerns

In spite of the very good intentions and plans, as set out in the Education policies in Kenya and accompanying service deliver standards, service delivery is generally poor. The delivery of basic education has been worst hit with overcrowding a common feature (particularly in the public schools) in addition to non compliance to guidelines and standards.There is inadequate access by citizens to information and facts about government education policies and service delivery standards. Related to the challenge faced by citizens is the limited knowledge by local level service providers themselves on their obligations and roles, in view of government standards and guidelines and the result has been poor and untimely service delivery in the Early Childhood Development and Education centers and primary schools. Despite the progress in terms of enrollment in public primary schools since the government of Kenya put in place a Free Primary Education (FPE) policy, there continues to be reported cases of mismanagement of school funds and school budget waste with attributions being made to weak capacity of school governance teams and inadequate accountability mechanisms; often implying that a lot of school funds do not benefit the poor children hence de-

basic education in terms of the number of years the state will provide free and compulsory education (obligatory duration) or do we choose to define basic education in terms of personal development (outcomes)? The task force on the realignment of Kenyas Education sector to the constitution provides a definition of Basic Education as Education provided from Pre-primary to end of the Senior Secondary education - this being the minimum level of formal instruction that every eligible Kenyan needs in order to be adequately equipped, with a firm foundation of knowledge for further learning and practical skills necessary for economic development. In addition the Task force proposes that the content for Basic Education should be designed with a view of equipping the learners with relevant knowledge that lays emphasis on technology, innovativeness and entrepreneurship, the development of their full capacities, living and working in dignity, enhancing the quality of their lives, making informed decisions and continuing with learning as a lifelong engagement.

CVA team members from Machakos County raising concerns with members of a School Management Committee livery of education services in various schools has been compromised. While the primary schools are supported, but not adequately, through the disbursement of FPE funds, the Early Childhood and Development Education (ECDE) centers have largely been neglected with parents shouldering the costs of ensuring the centers are operational including paying the ECDE teachers, though in some few cases the government does provide community support grants to selected centers which is hardly enough. Some of the pre-schools centers have been established in total disregard of the existing ECDE policy and guidelines with minimal safety and security measures, non-standard teaching curriculum and limited child friendly environment. Negative stereotype, misconceptions and beliefs about the causes and consequences of disability coupled with high levels of poverty and gender discrimination also continue to be barriers that prevent children with special needs from accessing quality basic education services.

With the constitutional framework, all children should be able to access public education institutions and learn for free. Early childhood and development education should be the starting point in this regard. Priority should be made to ensure that all children access quality free basic education in public institutions. The greatest challenge that continues to be faced by very young children is the distance between households and schools, food in schools and clothing. Imagine children of between 3 6 years old walking long distances currently, especially in the rural areas, in pursuit of early childhood education? Imagine the same group of children staying on empty stomachs whole day in pursuit of education? Imagine the same group of children walking barefoot, sometimes in the cold, in poor clothing to and from schools? As we consider provision of free and compulsory basic education, what are the cost implications? What is the divide between the duty of the state and responsibility of parents? The Free primary education has had its great achievements particularly in terms of access to schools. We have seen en-

rollment rates increase over the years despite the challenges around the provision of quality education. However, the grants from the government to primary schools have never been sufficient. Parents & guardians still have to pay for some of the school attendance needs. Moving forward with the proposed basic education cycle could some unit cost be provided? The unit cost can then be the basis of demanding from the state specific aspects of financial commitment to the provision of free and compulsory basic education as provided for in the constitution. Moving forward with the education reforms in Kenya, and as efforts are accelerated towards a new education bill, it is critical that actors identify and state clearly the extent of the governments financial support to basic education programmes and the responsibility of parents & guardians. If these are provided for in a legal framework then it will be possible to track how all the actors will be participating in the progressive realization of the right to education and hold every actor accountable.

The quest for free and compulsory basic education

Kenyas Constitution (2010) is clear under Economic and Social rights, Article 43 (1) (f) that every person has a right to education, while on specific application of rights, part 3 article 53 (1) (b), every child has a right to free and compulsory basic education. (We take note that part 3 of the bill of rights elaborates certain rights to ensure greater certainty as to the application of those rights and fundamental freedoms to certain groups of persons). The word child in this context refers to an individual who has not attained the age of eighteen years. Free and compulsory basic education should therefore benefit all such individuals. However the constitution fell short of defining Basic Education. As we move forward with the quest for basic education, utmost care should be taken to ensure that the state puts measures to provide for free basic education for all children without exclusion - the constitution further provides for access to education institutions and facilities for persons with disabilities. The free encyclopedia (Wikipedia) defines basic education as the whole range of educational activities taking place in various settings (formal, non formal and informal), that aim to meet basic learning needs. On the other hand, according to the International Standard Classification of Education (ISCED), basic education comprises primary education (first stage of basic education) and lower secondary education (second stage of basic education). In other developing countries, basic education often includes also pre-primary education and/or adult literacy programs. Dear people; do we want to define Will we ever realize our right to quality basic education?

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CVA groups championing education reforms

On February 3rd 2012, the Task-force on the realignment of education sector to the constitution did hand over their report to the Minister of Education; immediately thereafter, the CVA groups embarked on a process of convening county level education policy forums to discuss the report and document feedback from the communities while working closely with the local District Education Offices and other partners. The purpose of the forums was to unpack the education task-force report, take stock of the strengths, gains made, gaps or weaknesses and make policy recommendations. On the issue on Structure and Curriculum of Education system which has attracted a national debate in Kenya - participants at the Busia County forum, did share one major strong recommendation that The proposed commencement dates are not realistic looking at both the resource burden and the paradigm shift required and a such the implementation should start with a cohort that is currently not enrolled in school (the 0-4 years) to give time for resource mobilisation, teacher capacity enhancement and re-organisation of the MoE structures in a progressive and systematic manner with a robust implementation strategy. On the same issue, participants at the Nyamira County forum did recommend that The implementation should be done in phases with due consideration of transition at different levels. In their efforts to link local level advocacy to national level policy advocacy, CVA groups from 10 Counties did participate in the National level Civil Society policy dialogue forum on 26th March 2012 whose purpose was to consolidate the voices from grassroots and adequately prepare to engage in the Ministry of Education led conference on education reforms which was held thereafter from 27th 29th March 2012 in Nairobi. The Civil Society forum brought together various groups from over 30 counties in Kenya who appreciated the need to push forward the community voices to the national conference around certain themes that included; Quality; Equity and access; Education investment and financing; Education management and governance; & Implementation of reforms. These voices moved forward to the National conference on Education for a period of three days. Under the banner of Elimu Yetu Coalition, the participation of the Civil Society in the conference was remarkable many actors from the Civil Society were discussants in various syndicate groups while others did make plenary presentations of the groups deliberations. The Voices from community groups were heard loud and clear and it is expected that the issues raised and recommendations made in the conference will inform the drafting of the sessional paper and education bill.

The CVA groups did commit to take this discussion back to the grassroots with a focus on dialogue with the children and other community members and ensure that a critical mass of the citizenry are lobbied to support the already agreed aspects of the task force report even as they critically give their

views on the contentious issue on the structure of education system. The groups also committed to monitor the process in terms of the linkage of the education conference recommendations with the drafting of the sessional paper and education bill. One major

aspect that that CVA groups are passionate about is to ensure an increased level of community participation in this reform process and ensuring that the sessional paper and the education bill are scrutinized right from the community level.

Education Reforms Citizens Participation

Kenyas Task Force on the Re-alignment of the education sector to the Constitution & Vision 2030 had its expected outputs being a Comprehensive Task Force report; Proposed Sessional Paper; Draft Education Bill; Cabinet Memorandum and Policy brief. By the end of March 2012, the only document available in public was the Task force report which was presented for discussion during the three day National conference on Education reforms held from 27th to 29th March 2012 at the Kenyatta International Conference Center (KICC) Nairobi. Even though there was notable participation of the public in this conference, concerns have since been raised to whether the voices from the grassroot were heard, especially those from the children and the hard to reach groups in Kenya. In addition, the conference did not conclusively address the emotive issue about the structure of education system, among other issues that are critical for Kenyas Education sector if the citizens are to realize the right to quality education. As the sector moves towards having a new education law and policy framework, it is important that the engagement in this process is sustained through a more consultative and inclusive process. The grassroot voices must find space in this process this is the only way their concerns will be provided for in the education bill. In the event that such opportunities are not provided for, then it becomes absolutely relevant for other actors in governance to explore options for enhancing citizens participation until completion of a public policy formulation process, followed thereafter with participation in the implementation process. Kenyas Constitution provides for the citizens participation in all public policy processes and it is important that the citizenry find opportunities to engage in legislative and policy reform processes. Possible options for engagement in this process, moving forward, include; Review and analysis of the draft education bill and sessional paper by think tanks, sector working groups or even at individual organization level; and subsequently convening public debates to generate more recommendations; Citizens platforms both at community and county levels to focus on the draft education bill and the sessional paper and providing feedback to the policy makers; Media engagement e.g. through discussions, debates, opinion pieces among others; An audit of the Government led education sector reform process to ensure that it is transparent, accountable and allows for citizens participation as provided for in the constitution.

The TSC Bill are all the teachers in Kenya aware?

Kenyas Constitution, article 237 established the Teachers Service Commission (TSC) whose functions include registering trained teachers; to recruit and employ registered teachers; to assign teachers employed by the Commission for service in any public school or institution; to promote and transfer teachers; to exercise disciplinary control over teachers; and to terminate the employment of teachers. The Commission is also charged with the responsibility to review the standards of education and training of persons entering the teaching service; to review the demand for and the supply of teachers; and to advise the national government on matters relating to the teaching profession. A bill that provides for the composition of TSC; the qualifications and procedure for appointment of members; functions and powers of the Commission; the regulation of the teaching service; and for connected purposes has since been drafted with a lot of contributions from education stakeholders. Over the years, myriad of issues have continued to affect teacher management and the service provided by the teachers in Kenya. Appreciating this fact, the Civil Society Organizations did convene a series of consultative meetings where the draft bill was analyzed and recommendations developed and shared with Commission for the implementation of the Constitution. As the country waits for the bill to be tabled and debated in parliament, it is necessary to start putting more concerted efforts towards ensuring that the teachers and other education stakeholder begin to internalize the provisions in the bill. Given the fact that Teachers are the key actors to be served directly by TSC, they must internalize and underCitizen Voice & Action

A team of CVA members from Busia County championing for Education Reforms

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stand the provisions of the draft bill. The teachers should not be caught unaware. Upon debate and passing of the bill in parliament followed by an assent by the president, there will be a new law to govern the teaching profession in Kenya and any proven violations of this law will result into various consequences as provided for.

To be able to enhance the services of teachers in Kenya, it is important that the government puts in place good plans for massive mobilization and sensitization of the teachers, school children and other citizens on the provisions of the proposed TSC bill. This will help prepare them to appreciate the new framework for managing this sec-

tor and ensure that the children benefit from the so desired quality education whose key providers are the teachers. The proposed TSC bill will go a long way in enhancing teaching services in Kenya; but this can only be realized if the teachers are adequately prepared to support the implementation of the TSC act.

The state of ECDE Centers vis--vis Policy guidelines and Service delivery standards
The most crucial period in a childs development is the formative years, particularly from 3 6 years. It is during this time they acquire and learn interpersonal skills, how to socialize, speak, read and write and this can through formal and informal systems. Any habits and behaviour acquired during the formative years are very difficult if not impossible to change. In the last 8 years or so, Kenya has witnessed reforms in the education sector with a lot of emphasis placed on primary schools and the reforms have gone hand in hand with some increased level of funding, which is barely enough though. This has brought a very high level of expectation and misconception about the funding to ECDE and communities dont understand why this sector has not been considered for adequate funding from the state. The consequence of this is that there exist very few public ECDE centers that can cater for the very large number of children requiring entry into pre-school facilities. While the well to do families can easily enroll their children into private ECDE centers, the poor have to contend with the mushrooming of unregistered and unregulated centers. The policy framework on ECDE is very clear as to the standards of service delivery expected in these centers. Key among these is the recommended size of classrooms, suitability of furniture, feeding and nutrition, safety and security. The policy framework is very clear as to the ratio of teacher (caregiver) to children which 1:25. Many of the ECDE centers particularly those patronized by underprivileged communities have ratios in the excess of 1: 50, twice the recommended one. With this state of affairs, the caregivers are not able to devote adequate attention to all the children in terms of nurture and overall development. The public and low cadre ECDE centers are short of qualified and professional teachers able to effectively contribute to the physical, mental and even psychological development of the children. The government currently does not have scheme for the recruitment and maintenance of the caregivers and the burden to engage them is on the shoulders of the parents and guardians. With very limited funds, the centers are forced to engage unqualified caregivers. Within the framework of the current education reforms, it is expected that the factors contributing the poor delivery of services at the ECDE centers will be addressed. Communities and children must be facilitated to be part of the discussions and decision making regarding the proffered system of education as proposed by the report.

A Training Session for a group of CVA members spect to basic education service delivery. The primary focus is at the school level where key actors being the children, parents, guardians, teachers and School Management Committees are supported to engage in processes that would lead to improved transparency and accountability in the delivery of basic education service. The CVA groups in these counties have selected some public primary schools where they carry out activities that include community mobilization around schools and sensitization of communities on service delivery standards and empowerment on simple skills of monitoring service delivery & good resource use. In addition, the CVA groups also conduct the actual monitoring exercises in the various schools. The findings from such monitoring exercises are discussed with respective School Management Committees, children and parents/guardians; commitments to action by all actors are thereafter agreed upon during such meetings. On issues that require the attention of the Ministry of Education, dialogue sessions are held with respective District Education Officials ! and appropriate actions taken where possible. By the end of June 2012, the CVA groups will be sharing their documented progress towards results; this will include a presentation of the situation as it was at the beginning of the year (January 2012) in comparison to the status of service delivery as at the middle of the year (June 2012). Watch out for this exciting moment in June.

Education for All (EFA) goals where are we as a country?

Governments have an obligation to ensure that the six EFA goals and targets are reached and sustained just as they had committed during the World Education Forum, held in Dakar, Senegal in 2000. Citizens have a responsibility to demand for an account from the government on the extent to which progress has been made towards the realization of the six EFA goals below. Let you voice count. 1. Expanding and improving comprehensive early childhood care and education, especially for the most vulnerable and disadvantaged children 2. Ensuring that by 2015 all children, particularly girls, children in difficult circumstances and those belonging to ethnic minorities, have access to and complete free and compulsory primary education of good quality 3. Ensuring that the learning needs of all young people and adults are met through equitable access to appropriate learning and life skills programmes 4. Achieving a 50 per cent improvement in levels of adult literacy by 2015, especially for women, and equitable access to basic and continuing education for all adults; 5. Eliminating gender disparities in primary and secondary education by 2005, and achieving gender equality in education by 2015, with a focus on ensuring girls full and equal access to and achievement in basic education of good quality 6. Improving all aspects of the quality of education and ensuring excellence of all so that recognized and measurable learning outcomes are achieved by all, especially in literacy, numeracy and essential life skills.
Citizen Voice & Action

Improving Basic Education Service Delivery

For effective engagement in monitoring of basic education service delivery, knowledge on basic education service delivery standards and accountability mechanism is paramount. However, some communities in Kenya hardly have access to the Ministry of Educations policy information, budgetary and expenditure records. Worse is the fact that at the school level, some school head teachers often display information on funds received from government on school notice boards, but the extent to which such information is a true reflection of what is in the school books of accounts is often questionable. In addition some communities are not properly equipped with sufficient knowledge and skills on quality delivery of education services. Social Accountability efforts by the Civil Society and local communities themselves have resulted into attempts of openness by some government officials and school management teams; however some communities still do not have confidence in the government led accountability mechanism in Kenyas Education sector. To be able to address these concerns, World Vision Kenya is currently working with Citizen Voice and Action groups in Busia, Kisumu Nyamira, Elgeyo-Marakwet, Baringo, Machakos, Kajiado, Narok and Mombasa Counties in Kenya with a focus on improving basic education service delivery. The initiative is deliberate on engagement of both the demand and supply side of governance with re-

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Did you know what the Convention on the Right of the Child (CRC) says about the right of the child to education? How about what education of the child should be directed to?
Article 28 1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular: (a) Make primary education compulsory and available free to all; (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need; (c) Make higher education accessible to all on the basis of capacity by every appropriate means; (d) Make educational and vocational information and guidance available and accessible to all children; (e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates. 2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the childs human dignity and in conformity with the present Convention. 3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries. Article 29 1. States Parties agree that the education of the child shall be directed to: (a) The development of the childs personality, talents and mental and physical abilities to their fullest potential; (b) The development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations; (c) The development of respect for the childs parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own; (d) The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin; (e) The development of respect for the natural environment. 2. No part of the present article or article 28 shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principle set forth in paragraph 1 of the present article and to the requirements that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Now that you know it is you duty to demand for the full implementation of these two articles by the state (and all other articles as provided for in the CRC). Speak out in the best interest of the child!

The content in this newsletter has been put together by: Bonyo Elijah Don (elijah_bonyo@wvi.org) and Brezhnev Henry Otieno (brezhnev_otieno@wvi.org)

World Vision Kenya

P.O. Box 50816 -00200 Nairobi Kenya; Tel +254 20 3883652-66