A High Court in Kakamega has dismissed a petition challenging the use of English as the language of instruction in Kenyan schools, ruling that the petitioner failed to demonstrate that the policy violated constitutional rights.
In a judgment delivered on November 9 this year, Justice Stephen Mbungi rejected a case filed by education rights advocate Ernest Achesa Makhambala, who wanted the government to adopt Kiswahili and indigenous languages as alternative languages of instruction.
Makhambala had challenged the use of English as the medium of instruction and national assessment from Grade 4 to Grade 12, arguing that the policy disadvantaged children who had limited proficiency in the language.
He also contested the classification of indigenous languages as non-formal learning activities in Grades 4 to 9, arguing that the government had failed to give them equal treatment in the education curriculum.
In his petition, Makhambala argued that the preference for English created barriers to learning, stating that it was discriminatory against children with low proficiency in the language and those from rural areas.
He further asked the court to compel the Ministry of Education and the Kenya Institute of Curriculum Development (KICD) to progressively introduce Kiswahili and other indigenous languages as languages of instruction and assessment.
However, Justice Mbungi found that the Constitution encourages the promotion of indigenous languages but does not…
.png)
