Photo/FILE Many eligible children are not enrolled in primary school, and millions more are yet to be fully emancipated from the yoke of school fees, as they remain outside the limits and bureaucracies of free education.
By BENJAMIN MUINDI bmuindi@ke.nationmedia.com
Posted Sunday, June 19 2011 at 13:31
Posted Sunday, June 19 2011 at 13:31
An umbrella body of more than 100 non-governmental organisations has called for immediate removal of officers implicated in the embezzlement of free education money.
Elimu Yetu Coalition (EYC) said a timeline should be established and adequate resources dedicated for timely investigation, prosecution and restitution.
They also want a commencement of diplomatic engagements to restore and promote confidence and integrity of the Ministry of Education.
This follows revelations from an audit report tabled before Parliament by Prime Minister Raila Odinga on misappropriation of Sh4.6 billion in the Education docket.
EYC said the audit report is an indictment of the government for grave breach of public trust, express violation of international law and the Constitution.
“We therefore condemn in the strongest terms possible the misappropriation of funds intended for the Free Primary Education Programme.”
The organisation urged all international and domestic development partners to act with restraint, particularly by avoiding interventions that circumvent government or undermine the fundamental responsibility of the State.
EYC told the Nation that if the Sh4.6 billion had been allocated to the 3.93 million eligible children who are presently out of school, it would meet their education needs for a year.
“While we associate with the vehement condemnations thus far expressed form various quarters, we urge that sight should not be lost of the actual nature, scale and magnitude of offences involved.”
“While it is asserted by the ministry that less than 100 suspects were involved, none of whom is the highest accounting officer, the sheer sums involved and the level of conspiracy necessary to discharge the crime, suggest otherwise.”
They said if only on account of the Constitution, all officers directly or remotely connected to the embezzlement, whether charged before a court of law or not, remain in office they will be going against the spirit of the Constitution.
“The responsibilities of leadership under the Constitution dictate that authority assigned to a State officer is public trust to be exercised in a manner that is consistent with the purposes and objects of the Constitution.”
EYC urged President Kibaki to take action against the officers implicated in the brazen embezzlement of the funds, including the sacking of Education minister Sam Ongeri.
“The government under international and domestic law, is bound by its own undertakings to, individually and through international assistance and cooperation, especially economic and technical, employ the maximum of its available resources, to achieving progressively the full realisation, of the right to education.”
This is as stipulated in the Constitution, which obligates the government to guarantee that every child is accorded free and compulsory basic education.
“In this respect, the embezzlement of funds at the Ministry of Education is, at the very least, a general violation of these provisions, not to mention a travesty of the human rights of the children of Kenya.”
“The government has an obligation to avoid measures that hinder or prevent the enjoyment of the right to education.”
EYC noted that the obligation to protect requires the government to take measures that prevent third parties from interfering with the enjoyment of the right to education.
“On this obligation, it is self evident that since 2003, the government has failed to institute diligence systems and procedures, hence enabling criminals to pillage the coffers.”
They also noted that millions of eligible children are not enrolled in primary school, and millions more are yet to be fully emancipated from the yoke of school fees, as they remain outside the limits and bureaucracies of the free education.
“Our position is that exclusion and marginalisation of the poorest communities, for example slums and informal settlement, in provision of basic education, contribute to underreporting of needs and creates a false impression of progress on realisation of free and compulsory primary education.”
“Our position is that exclusion and marginalisation of the poorest communities, for example slums and informal settlement, in provision of basic education, contribute to underreporting of needs and creates a false impression of progress on realisation of free and compulsory primary education.”
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