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Petitioner moves to court to stop drastic cut in Day Secondary school capitation
23rd December, 2025 11:26 AM
A petitioner has moved to the Milimani Constitutional and Human Rights Division, challenging the changing of the capitation formula without consultation, stating that the changes are directly analogous to the illegalities found by the High Court in the university funding model case.
Through a certificate of urgency dated December 10, 2025, Peter Mung’oma has listed the Principal Secretary, State Department for Basic Education; the Attorney General; the Ministry of Education Cabinet Secretary; and the Cabinet Secretary, Ministry of National Treasury and Economic Planning as the respondents.
In his application, Mung’oma argues that the effect of the said reduced capitation means that the children’s learning in day secondary schools is at risk, and they may not report to schools due to increased school fees, which shall be implemented from January 5, 2026, the opening date for schools.
Notably, the petitioner contends that the reduction of capitation from Ksh22,244 to an effective average of Ksh12,000–15,000 constitutes a retrogressive measure.
Mung’oma now wants the court to issue a conservatory order halting the implementation of the respondents’ actions to reduce day secondary school capitation until his petition is heard and determined.
“That this honourable court be pleased to issue a temporary injunction restraining the respondents, by themselves, their servants, employees, assignees or agents, from implementing the decision to reduce day secondary school’s capitation pending the hearing and determination of this application,” part of the prayers sought reads.
He states that he believes that unless the court intervenes urgently and grants the conservatory orders sought in his petition, the constitutional rights of millions of learners will be irreparably harmed, since the directive shall be implemented from January 5, 2026, when schools shall be reopened.
Further, Mung’oma avers that such actions by the respondents (the Education PS, AG, Education CS, and the Treasury CS) will extremely prejudice the learners, as they will be unable to report to school due to exorbitant school fees imposed upon learners and their guardians.
In his application, the petitioner also reveals that the respondents have systematically failed to disburse the full statutory capitation amounts for the 2024/2025 academic year.
