A lobby has given Education Cabinet Secretary Julius Ogamba a seven-day ultimatum to release the report on the verification of ghost students in public schools.
The Tunza Mtoto Coalition, through their lawyer Ashioya Biko of Ashioya Mogire & Nkatha Advocates, demanded that the Ministry of Education publish full findings of the verification exercise.
Their demand follows a statement by Principal Secretary for Basic Education, Dr. Julius Bitok who told the Parliamentary Committee on Education, that, out of 12,000 sampled schools, about 50,000 ghost students were identified.
The PS also stated that this verification exercise was responsible for delays in releasing capitation funds to schools.
The lobby noted that with the recent disbursement of capitation money, the verification must have been completed.
“It is our client’s considered view that, with the recent release of capitation to schools, the verification exercise has since been concluded. Accordingly, the Ministry of Education bears a legal and constitutional obligation of transparency and accountability to make public the full findings of the verification exercise, pursuant to Article 35(1)(a) & (b) of the Constitution (Right of access to information), Article 10(2)(c) on national values and principles of governance, including transparency, accountability, and good governance; and Sections 4 and 5 of the Access to Information Act, No. 31 of 2016,” the lawyers said.
They argue that the revelations point to serious irregularities suggesting fraud, corruption, and potential loss of public funds.
This, they say, goes against principles of public finance management in the Constitution, the Public Finance Management Act, the Penal Code, and the Anti-Corruption and Economic Crimes Act.
The coalition now wants the Ministry to do four things within seven days, including making public the complete verification report on ghost students in public schools.
It also demands the disclosure of names and details of all implicated schools and the extent of enrollment discrepancies, a detailed account of any administrative, disciplinary, or criminal actions taken against school heads, Ministry officials, or any individuals involved, and the clear measures to ensure such fraud does not happen again in the management of capitation funds.
The group said this is a constitutional matter involving transparency, accountability, and public interest.
The letter warned that failure to comply will lead to legal action.
The coalition plans to file a constitutional petition to compel disclosure of the report and seek recovery of any misappropriated public funds.
The Tunza Mtoto Coalition said it is acting in the public interest to protect the right to education under Article 43 of the Constitution, insisting that taxpayers deserve to know how many ghost students were listed and which officials were responsible.
