Citation:

Judicial Review no. 3 of 2016, [2017] eKLR

Link:

https://globalinitiativeescr.sharepoint.com/:b:/g/EbzyMcw0WkVJkUOVRzncu4YB3A0cIsA3ge4TYOCbTjM1Cw?e=F4dJbN

Summary:

This case confirms the role of the State to take measures to enforce regulation to ensure effective realisation of the right to education where private actors are involved, in accordance with the provisions under Overarching Principle 3 and 4 of the Abidjan Principles. The court affirmed that the State may close institutions that do not comply with formulated requirements (Guiding Principle 60). This case is also significant because it considers the interest of the pupils in relation to orders made, as well as the liberty of the parents to choose an educational institution for their children.

Abidjan Principles:

Overarching Principle 3, Overarching Principle 4, Guiding Principle 49, Guiding Principle 51, Guiding Principle 52, Guiding Principle 53, Guiding Principle 55, Guiding Principle 60, Guiding Principle 61

Country:

Kenya

Court:

High Court of Kenya at Busia