UNIVERSITY OF NAIROBI

FACULTY OF LAW
GPR 430: EDUCATION LAW AND POLICY

COURSE OUTLINE
Course Instructors:
Prof. Winifred Kamau & Kennedy Echesa

LLB 4 First Semester 2022/2023

Semester Dates: February – May 2023
Lecture Hours: 45

Pre-requisites: Constitutional Law; Administrative Law

1
CoursePurpose: To introduce students to the role of law and policy in regulating the
provision of education in Kenya.

Expected Learning Outcomes:

By the end of the course students should be able to:
1. Explain the historical development of Kenya’s education system
2. Relatehow law intersects with policy in the area of education
3. Identifythe various institutional mechanisms and forms of regulation in Kenya’s
education system
4. Apply law and policy to concrete issues in the education sector
5. Critically analyse the education sectorand propose reform measures

Course Description
Historical development of education policy and law in Kenya; overview of governmental
institutions regulating education; structure of education (ECD, primary, secondary, special,
TIVET, university); governance of public and private education;devolution of education;
national qualification framework; systems of testing and examinationand their regulation;
regulation of establishment and accreditation of education providers:tertiary education;
universities; special education); regulation of professional education (legal education;
medical; engineering etc); regulation of special education;financing of education; rights and
duties of service providers and students; regulation of teaching profession; human rights in
education:right to education; freedom of expression, religious freedom; academic freedom;
persons with disabilities; ethical issues in education: plagiarism, research ethics.

Mode of Delivery:
Lectures; Tutorials; Case Method; Seminar discussions; Individual Student and Group
Presentations; Problem based learning

Instructional Materials and/or Equipment:

2
Library: Law Reports; Books; Journals; E-Journals: Lexis-Nexis; JSTOR;HeinOnline;
Discussion Aids; Chalk/white boards and necessary accompaniments; Computers; Internet.

Assessment:
Type Weighting (%)
Examination 70
Continuous Assessment 30
Total 100

CORE TEXTS

1. Russo, CJ, ed, Handbook of Comparative Education Law Selected Nations from Africa and the
Americas , Vol 4 (Rowman & Littlefield Publishers, 2019) 
2. Onuora-Oguno, Egbewole &Kleven, eds. Education Law, Strategic Policy and Sustainable
Development in Africa: Agenda 2063 (Palgrave Macmillan, 2017)

3. Kaufman, M J & S R Kaufman, Education Law Policy & Practice: Cases and Materials 4thEd
(Wolters Kluwer Law & Business, 2017)

4. K W Alexander & K Alexander, Higher Education Law: Policy and Perspectives 2nd Ed
(Routledge, 2016)

5. Black, D, Education Law: Equality, Fairness and Reform (Wolters Kluwer Law & Business,
2018)

RECOMMENDED READING

1. F N Chege & DN Sifuna, Girls’ and Women’s Education in Kenya: Gender Perspectives and Trends
(UNESCO, 2006)*

2. Russo, CJ, ed, The Legal Rights of Students with Disabilities: International Perspectives (Rowman
& Littlefield Publishers, 2011)* 

3. N Wasike & D Sifuna, Changing Trends in the Financing of Public Universities in Africa (Lambert
Academic Press, 2017)

4. DN Sifuna & N Sawamura, Challenge of Quality Education in Sub-Saharan African Countries (Nova
Science Press, 2010)*

3
 5. WA Kaplin & BA Lee, The Law of Higher Education, 5th ed, Student Version (Josse Bass, 2014)*

International and Regional Conventions

Universal Declaration of Human Rights
Convention against Discrimination in Education
International Covenant on Social, Economic and Cultural Rights
Convention on the Rights of the Child
Convention on the Rights of Persons with Disabilities
African Charter on Human and Peoples Rights
African Charter on the Rights and Welfare of the Child

Legislation
Constitution of Kenya, 2010
Basic Education Act, No 12 of 2013
Kenya Institute of Curriculum Development Act, 2013
Kenya National Examinations Council Act, 2012
Kenya National Qualifications Framework, 2014
Kenya School of Law Act, 2012
Legal Education Act, 2012
Teachers Service Commission Act, 2012
Technical Vocational Education Training Act, 2013
Universities Act, 2012 (as amended in 2016)
Legal Notice No. 120/2010 Kenya Institute of Education
Legal Notice 534/1997 Teachers Service Commission (Remuneration of Teachers) Order
Teachers Service Commission (Code of Conduct and Ethics for Teachers) Regulations, 2015
Teachers Service Commission Code of Regulations for Teachers, 2015

Other Legislation
National Cohesion and Integration Act, 2008
Science, Technology and Innovation Act, 2013

4
Transition to Devolved Government Act, 2012
County Governments Act, 2012
Intergovernmental Relations Act, 2012
Repealed Statutes
Education Act, Cap 211
Egerton University Act, Cap 214
Jomo Kenyatta University of Agriculture and Technology Act, No. 8 of 1994
Kenyatta University Act, Cap 210C
Maseno University Act, No. 7 of 2000
MasindeMuliro University, No. 18 of 2006
Moi University Act, Cap 210A
Universities Act, Cap 210B
University of Nairobi Act, Cap 210

Policies
Sessional Paper No. 10 of 1965 on African Socialism and its Application to Planning in
Kenya
Sessional Paper No. 1 of 2005 on Policy Framework for Education, Trainingand Research
National Information and Communication Technology Policy, 2006
Policy Framework for Education and Training: Reforming Education and Training in Kenya,
2012Kenya Vision 2030

Millenium Development Goals (MDGs)

Sustainable Development Goals (SDGs)

Free Primary Education (FPE)
Education for All (EFA)

Reports
Phelps-Stokes Commission Report, 1924
Beecher Commission Education Report. 1949
Kenya Education Commission Report, 1964(Ominde Report)

5
National Committee on Educational Objectives and Policies, 1976 (Gachathi Report)
Presidential Working Party on the Second University, 1981 (Mackay Report)
Presidential Working Party on Education and Manpower Training for the Next Decade and
Beyond, 1988 (Kamunge Report)
Commission of Inquiryinto the Education System of Kenya, 1999 (Koech Report)
Task Force to Harmonise ETR, 2006-08 (Kamunge)
Taskforce on the Implementation of Free PrimaryEducation in Kenya, 2003 (Gachukia)
Transformation of University Education in Kenya, 2007 (Kinyanjui)
Realigning Education to the Constitution and Vision 2030 and Beyond, 2012 (Odhiambo)

SCHEDULE OF LECTURES/SEMINARS
1. Introduction: meaning of education; objectives of education
2. Historical development of education in Kenya; evolution of education policy and law
in Kenya
3. Overview of policy framework on education; governmental institutions regulating
education; structure of education system in Kenya
4. Governance of public and private education (basic education, tertiary institutions,
university education); devolution of education
5. National qualification framework; systems of testing and examination and their
regulation
6. Regulation of establishment and accreditation of education providers (schools;
tertiary education; universities; special education);
7. Regulation of professional education (legal education; medical; engineering)
8. Privatisation of education; funding of education
9. Rights and duties of service providers and students; regulation of teaching
profession
10. Human rights in education (right to education; freedom of expression, religious
freedom; academic freedom; persons with disabilities)
11. Ethical issues in education (professional malpractice; examination malpractice;
research ethics)