As the UN Committee on Economic, Social and Cultural Rights (CESCR) evaluates Kenya’s human rights commitments under the International Covenant on Economic, Social and Cultural Rights (ICESCR), civil society organisations are using this moment to push for urgent reforms in Kenya’s public service sectors. Despite the unexpected postponement of Kenya’s formal review, the informal briefing scheduled for today presented a crucial opportunity for advocacy.

The postponement of Kenya’s official review is a disappointing setback for civil society, as it delays accountability on key human rights issues. However, GI-ESCR and its partners remain committed to ensuring that pressing concerns remain on the agenda.

The informal briefing allows for engagement with CESCR members, bringing forward critical findings from two key submissions presented in advance of the review.

Addressing the Need for More Public Schools and the Regulation of Private Actors in Kenya’s Education Sector

The first submission, co-authored by GI-ESCR and ICJ, builds on insights from our July 2024 report, ‘Build Us More Schools!: The Quest for Quality Free Education in Mabatini and Ngei Wards of Mathare, Nairobi’. This report explores the increasing influence of private actors in Kenya’s education sector, particularly in informal settlements, and stresses the state’s failure to ensure universal access to quality, free public education.

The submission calls on the government to:

• Construct new public schools to reduce reliance on low-cost private alternatives;
• Convert selected Alternative Provision of Basic Education and Training (APBET) schools into public schools;
• Increase the allocation of qualified teachers to underserved areas;
• Strengthen the regulation of private education providers to uphold human rights standards.

Financing Public Services in Kenya

The second submission, developed by GI-ESCR in collaboration with CEPCJ, EACHRights, and Hakijamii, highlights the chronic underfunding of essential public services, particularly education and healthcare. It examines the impact of the Kenya Finance Bill protests, which erupted in response to tax increases and escalated into riots. Against this backdrop, the submission exposes how regressive tax policies and austerity measures have further eroded government investment in critical services, deepening inequality and disproportionately affecting marginalised communities’ access to quality education and healthcare.

The submission urges the CESCR to call on Kenya to:

• Implement progressive tax reforms to finance public services adequately;
• Address structural inequality and ensure fair budget allocation;
• Enhance transparency and accountability in the management of public funds;
• Increase health and education spending to align with international human rights obligations.

You can access both submissions here.

The Informal Briefing: A Moment for Advocacy

Although Kenya’s formal review was pushed back, today’s informal briefing provided an opportunity to highlight pressing concerns. The session featured two oral statements, each addressing critical aspects of Kenya’s education and public service challenges.

Elsie Milimu from KELIN Kenya presented an oral statement on behalf of GI-ESCR, CEPCJ, EACHRights, and Hakijamii, focusing on the impact of regressive tax policies and the urgent need for fairer taxation and increased public investment in essential services. She highlighted how unfair tax structures have exacerbated inequality, forcing low-income communities to bear a disproportionate tax burden while education and healthcare systems remain underfunded.

She pointed to the devastating impact of rising debt levels and austerity measures, which have restricted government spending on essential services. She called for a fundamental shift in Kenya’s fiscal policy, urging the CESCR to recommend that the government move towards a more progressive taxation system that ensures the wealthiest sectors of society contribute fairly to public service financing. Milimu further emphasised that inadequate public investment has left many communities struggling to access affordable healthcare and quality education, pushing people into financial hardship and deepening economic inequality.

She urged CESCR to recommend that Kenya adopt fairer tax policies, strengthen transparency in public spending, and ensure that sufficient resources are allocated to crucial public services. She also highlighted the urgent need for inclusive public participation in fiscal policy decision-making, ensuring that tax and budget policies reflect the needs of marginalised communities.

Noah Adipo, representing ICJ and GI-ESCR, delivered a separate statement emphasising the dire state of education in Mathare, where a lack of public schools has left many children without accessible, quality education. He described how two administrative wards, home to nearly 100,000 residents, have no public schools, forcing children to walk long distances to attend overcrowded schools or rely on expensive, often substandard, private alternatives.

Adipo detailed the severe overcrowding in existing public schools, where students are crammed into classrooms far exceeding their capacity, making learning conditions inadequate. He also highlighted the financial burden on families who are forced to send their children to low-cost private schools that lack government oversight, leading to inconsistent education quality.

He called on CESCR to press the Kenyan government to construct new public schools in Mathare’s Ngei and Mabatini wards, ensuring all children have access to free, quality education as guaranteed under national and international law. He also stressed the need for government regulation of private schools, ensuring that they meet proper standards and do not exploit vulnerable families struggling to afford education.

These statements provided CESCR members with concrete evidence of the systemic issues facing communities and the policy changes required to address them. They reinforced the need for immediate government action to meet its human rights obligations in education, taxation, and public service funding.

Calls for Reform: Perspectives on Education and Public Services in Kenya

Noah Adipo, Wilson Macharia (International Commission of Jurists), and Roselyne Onyango (Global Initiative for Economic, Social and Cultural Rights) provided further insights, underscoring the urgent need to address inadequate public schooling, underfunded social services, and economic policies that disproportionately impact marginalised communities.

• Noah Adipo (community representative from Mathare, Nairobi) emphasised the long distances children must travel to access overcrowded schools or expensive private alternatives, urging CESCR to recommend the construction of inclusive public schools in Ngei and Mabatini wards.
• Wilson Macharia (ICJ) underscored the Kenyan government’s legal obligation to provide free, quality public education. Referencing the ‘Build Us More Schools!’ report, he pointed out the government’s failure to meet this obligation and called for stronger accountability mechanisms.
• Roselyne Onyango (GI-ESCR) expanded on the broader issue of public service underfunding, citing unfair tax policies, rising debt, and budget cuts as major barriers to sustainable investment in education and healthcare. She urged CESCR to push for progressive tax reforms to secure long-term public service financing.

Kenya’s Human Rights Record Under Scrutiny

The postponement of the CESCR review highlights the ongoing challenges of state accountability. Kenya’s delay in addressing these urgent human rights concerns reinforces civil society’s demand for transparency and meaningful dialogue. This informal briefing ensures that the voices of affected communities and advocacy groups continue to be heard, even in the absence of the formal review.