CHILD'S BEST INTEREST

Parents charged with homeschooling get reprieve

Homeschooling illegal in Kenya, parents want it decriminalised in child's best interest

In Summary

• Constitutional Court suspends criminal case against parents accused of illegal homeschooling, calls for alternative dispute resolution.

• The parents argue homeschooling provides a freer environment where children can develop, say many classrooms are in effect detention centres hated by children.

A father homeschools his son.
HOMESCHOOLING: A father homeschools his son.
Image: SHUTTERSTOCK

A judge has suspended a criminal trial against a parent accused of failing to enrol a child in school and instead homeschooling the child.

Constitutional Court judge Weldon Korir on Monday issued a temporary order stopping the criminal case against Silas Shikwekwe, pending the determination of an application challenging the criminalization of homeschooling.

School attendance is mandatory in Kenya through secondary school. 

 

Shikwekwe was charged before a Butali court in Kakamega.

He was accused of abdicating his duty to enrol his children in school, although the minors need care and protection. But Shikwekwe filed an application before the Constitutional Court challenging the law criminalizing homeschooling.

It was not clear how many children he has.

On Monday justice Korir further gave the parties in the case 90 days to explore an alternative resolution of the dispute. 

The parties are expected to engage the Attorney General, the Director of Public Prosecutions and Parliament.

Non-recognition of homeschooling  guaranteeing a child’s right to education contravenes the rights of children ... and parents to determine [what is in] the child’s interest.
Court documents

They will be back in court on May 20 with a progress report.

Shikwekwe together with another parent, Onesmus Orinda, want homeschooling recognised and legalised. They argue that the law requiring enrolment of a child in an institution of learning limits the scope of education.

 

Most importantly, the two say, that the argument that a child must be enrolled in school limits the rights of parents to decide the manner in which their children will be educated and where.

 “The non-recognition of homeschooling as a form of education which guarantees a child’s right to education contravenes the rights of children who may opt for this system of education as well as the right of the parent to determine a course that would take care of the child’s interest,” they argue in court papers.

A child, the two say, needs an environment that promotes freedom and his and her full development.

Constitutional Court judge Weldon Korir.
HOMESCHOOLING: Constitutional Court judge Weldon Korir.
Image: FILE

In some cases, children hate classrooms, which more or less become a detention facility for them, the parents said.

If a child is allowed a free environment which homeschooling provides, they said, it will have a positive impact on the academic performance of the child and also allow them to be independent and explore their interests and talents.

They said there is no proof that providing a home education compromises or diminishes a child’s right to education and its benefits.

The case will come up for mention on May 20.

(Edited by V. Graham)

 

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