Hold demonstrations without trampling on rights of children

Anti-riot police officers escort school going children during Azimio la Umoja anti-government protests in Mathare. [Collins Kweyu, Standard]

Article 37 of the Constitution provides the right for every Kenyan to peaceably and unarmed, assemble, demonstrate, picket, and to present petitions to public authorities. The same right is also guaranteed under regional and international human rights instruments ratified by Kenya, including Article 11 of the African Charter on Human and Peoples Rights (Banjul Charter) and Article 21 of the International Covenant on Civil and Political Rights.

A protest, also called a demonstration, remonstration or remonstrance is a public expression to the authorities of objection, disapproval or dissent towards an idea or action, typically a political one. The completeness, therefore of demonstrations is when authorities respond to the plight of the people by addressing what they raised. What we may not be aware of is whether our current demonstrations and protests are communicative and if they are, if the message has been received by the recipients.

The demonstrations against the high cost of living and the contentious Finance Act, 2023, have increased tension, caused disruption in normal operations in the society and generated a lot of anxiety, uncertainties and a state of hopelessness. The street picketing and walkouts have resulted to quite a number of learners and teachers skipping school, and this has slowed down teaching and learning. Ultimately, this will lead to delayed or failure to cover the syllabus comprehensively.

Most affected

It is no longer news that the demos have disrupted the education calendar, leaving over seven million learners in the most affected counties in a state of desperation, and their teachers depressed. The counties most affected by the demonstrations are Busia, Homa Bay, Kajiado, Kakamega, Kilifi, Kisii, Kisumu, Kitui, Kwale, Lamu, Machakos, Makueni, Migori, Mombasa, Nairobi, Nakuru, Nyamira, Siaya and Turkana. These have over 100,000 teachers.

It is difficult amid demonstrations to monitor children's learning. Therefore, measuring and tracking over seven million learners' achievements is not possible. In this scenario, the National System for Monitoring Learning Achievement (NASMLA) has been rendered useless because of the frequent disruptions of teaching and learning. The World Bank-sponsored Kenya Primary Education Equity in Learning Programme (KPEELP) which was to address the prevailing inequities in school participation and learning outcomes that present the largest constraints to improvements in human capital formation has also been rendered useless.

The demonstrations have disrupted the implementation and sustainability of Secondary Education Quality Improvement Project especially in regions where demonstrations have been the order of the day. School Meals Programme has been brought to a stand-still in some schools in Kajiado, Kwale, Kilifi, Kwale, Kitui, Machakos and Makueni as administrators of the programme find it difficult amid demonstrations to execute their mandate effectively.

Demos will give birth to regional disparities in education achievements considering that the aforementioned counties might post lowest achievement levels in education outcome. The National Basic Education Calendar will be disrupted by demonstrations if they persist and in the long run will affect the country's education system. Already, the ongoing demos have affected hundreds of thousands of families in terms of reduced income, job cuts or forced unpaid leave. This has caused huge disruption in the set-up of families, some being forced to relocate, hence forcing learners to drop out of school.

There are eight lessons per day in primary schools, which translates to 40 lessons per week. In the event of schools closing for three days due to demonstrations, teachers/learners will lose 24 lessons per week. It directly affects syllabus coverage, and ultimately education outcome at all levels of learning - more seriously, it has a huge impact on examination candidates.

Junior Secondary Schools have nine lessons per day, translating to 45 lessons per week. Each lesson lasts for 40 minutes. In the event schools shut down for three days in a week, students/teachers lose 27 lessons, translating to 18 leaning hours. In secondary schools lessons vary from nine to 10 per day - hence losing three days in a week to demonstration, translates losing 27 to 30 lessons per week. This is how bad the situation is.

Bill of Rights

We therefore must make deliberate effort to ensure that Kenyans enjoy the rights of article 37 of our Constitution responsibly without affecting or infringing on the rights of children. Now that the Kenya National Union of Teachers is also anchored and sustained by the gains under Chapter 4 of the Constitution that expressly strengthens the Bill of Rights and freedoms; we can only pray that one day, Kenya will be able to march the level of South Africa in organising and managing demonstrations and protests. We can communicate our displeasure by demonstrating peacefully and with decorum so that together we enjoy to the fullest extent the gains we have made in so far as constitutionalism is concerned.

The onus of resolving the impasse leading to demonstrations is in our political leaders' hands. President William Ruto and the leader of opposition Raila Amollo Odinga, can end this unrest anytime if they embraced peace and talked to each other.

We should join hands and protect schools, learners and teachers against aggression and public anger exhibited in these demonstrations. Learners look upon us for protection, securing their future in education and also ensuring that their rights are not trampled on.