Lawyer in court to block cutting of day secondary school funding
National
By
Nancy Gitonga
| Dec 24, 2025
A Nairobi lawyer has moved to court to challenge the government’s decision to reduce capitation for day secondary schools.
Advocate Peter Mung’oma argues that the reduction in funding by the Ministry of Education will strain already stretched public day secondary schools and disrupt learning for millions of students when the new school term begins.
In his petition filed before Milimani High Court, Mung’oma seeks court orders to stop the government from implementing the cuts and urges a review of the capitation allocation to ensure that all learners have access to basic education.
“This move by the government will negatively impact millions of learners who rely on funding for basic school needs,” Mung’oma stated in court documents.
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“We are asking the court to intervene before the January reopening to safeguard the rights of these students to education.”
He wants the court to issue interim orders barring the Education and Treasury Cabinet Secretaries and the Attorney General from implementing the decision cutting secondary school learners’ funds.
“The court be pleased to issue a temporary injunction restraining the respondents by themselves, their servants, employees or agents from implementing the decision to reduce day secondary schools’ capitation pending the hearing and determination of the application,” Mung’oma seeks.
According to the lawyer, the government’s actions are unlawful as they were made without consulting stakeholders, mirroring illegalities identified by the High Court in the University Funding Model case.
Mung’oma warned that the move was being implemented without public consultation.
“Schools are bound to reopen on January 5, 2026, and unless this Honourable Court intervenes urgently, the constitutional rights of millions of learners will be irreparably harmed,” the petition reads.
The petition notes that the reduction in capitation, from Sh22,244 per learner to an average of Sh12,000 to 15,000, effectively undermines the constitutional right to free and compulsory basic education guaranteed under Article 53(1)(b).
The funding is meant to cover tuition, general operations, local transport, and co-curricular activities.
Historically, schools have relied on a structured disbursement schedule,50 per cent in the first term, 30 per cent in the second, and 20 per cent in the third, to plan for essential operations such as procuring learning materials, paying support staff, and covering utilities.
For the 2024/2025 academic year, Mung’oma alleges that schools received significantly less than the statutory capitation.
In Term One, learners were expected to receive Sh11,122 each but only Sh8,818 was disbursed, leaving a shortfall of Sh2,304 per learner.
In Term Two, the expected Sh6,673 was reduced to Sh3,471, creating a deficit of Sh3,202 per learner.
Term Three disbursements were withheld, with no funds released against the expected Sh4,449, adding to a cumulative deficit of Sh9,955 per learner for the year.
“Each public secondary school learner has been denied Sh9,955 of their lawful entitlement. With 3.6 million learners affected, the total arrears owed to schools stand at approximately Sh35.8 Billion,” the petition states.
Mung’oma also criticised the government’s justification that the reductions were due to a “Ghost Student Audit” which allegedly identified 50,000 non-existent learners.
“Withholding funds from 3.2 million valid learners due to errors affecting less than 1.5 per cent of the population constitutes collective punishment and violates the principle that a child’s best interests are paramount,” he said.