From: People For Peace
Voices of Justice for Peace
Regional News
BY FR JOACHIM OMOLO OUKO, AJ
NAIROBI-KENYA
TUESDAY, OCTOBER 2, 2012
Although Catholic Bishops in Kenya have urged Member of Parliaments who are its members to oppose the controversial Education Bill 2012 that stop religious organisations from sponsoring public schools, this Bill must be rejected by all MPs and Kenyans. The bishops have asked MPs that are their faithful to oppose the Bill once it is presented for deliberations in Parliament.
[image]Some of the students at Bishop Sixto Mazzoldi High School, Ongata Rongai of Ngong Catholic Diocese pose for a photo at the Apostles of Jesus Shrine on August 27, 2012 shortly after the Holy Eucharist celebrations in memory of AJ founders-Bishop Mazzoldi and John Marengoni-25 and 5 years respectively. Most parents in Kenya would prefer to take their children in religious run institutions. The school is run by the Evangelizing Sisters of Mary/ Photo by Fr Omolo Ouko, AJ
If enacted, the Bill will bar religious organisations from playing key roles of spiritually nurturing learners to be good citizens. The bishops are afraid that if this succeeds, our schools will start producing Godless creatures and the society will be ruined.
Since Bishops are responsible for and sponsor one third of all schools in Kenya, they demand for fair representation on the Selection Panel of the National Education Board.
The Composition of the County Education Boards makes vague reference to representation of religious sponsors.
The Bill must take into account the Catholic Church’s massive investment in education infrastructure, human resources and presence even in the much marginalized places. The Catholic Church should be adequately represented in the County Education Boards.
Most of the Catholic sponsored schools are on land owned by the Church or land held in trust by the Church for the community. The Bill must ensure that the ownership rights of the religious sponsors are recognized and respected as per the Constitution.
All property owned, alienated and/or held in trust by a religious sponsor for the purposes of education shall continue to be owned, held and/or alienated by the religious sponsor and such property shall not be transferred or otherwise alienated for any other purpose. We cannot accept that our land will be taken by the government under any pretext because it is against the spirit and letter of the Constitution.
The Kenya National Association of Parents has also faulted the Bill clause that seeks to have parents prosecuted for failing to take their children to school. The association’s secretary general Musau Ndunda has defended parents saying citing factors like poverty and lack of enough teachers as some of the factors beyond the parents control that hinder from taking their children to school.
The Cabinet approved the Bill in August this year that makes it illegal for children to be out of school and imposes punitive jail terms and fines for parents and guardians who flout the law.
The Basic Education Bill 2012 which was adopted at a meeting chaired by President Mwai Kibaki wants parents or guardians who decline sending their children to school to be thrown in jail for five years or a fine not exceeding Sh100,000 or in extreme cases, both.
According to the Constitution of Kenya Adopted August 2010 on Education, 43(1) every person has the right—(f) to education. 21 (1) states that it is a fundamental duty of the State and every State organ to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.
On Religion it states that there shall be no State religion. 32. (1) every person has the right to freedom of conscience, religion, thought, belief and opinion. (2) Every person has the right, either individually or in community with others, in public or in private, to manifest any religion or belief through worship, practice, teaching or observance, including observance of a day of worship.
(3) A person may not be denied access to any institution, employment or facility, or the enjoyment of any right, because of the person’s belief or religion. (4) A person shall not be compelled to act, or engage in any act, that is contrary to the person’s belief or religion.
237. (1) There is established the Teachers Service Commission. (2) The functions of the Commission are— (a) to register trained teachers; (b) to recruit and employ registered teachers; (c) to assign teachers employed by the Commission for service in any public school or institution; (d) to promote and transfer teachers; (e) to exercise disciplinary control over teachers; and (f) to terminate the employment of teachers.
(3) The Commission shall––(a) review the standards of education and training of persons entering the teaching service; (b) review the demand for and the supply of teachers; and (c) advise the national government on matters relating to the teaching profession.
There is nowhere in provision where religious sponsored schools have the role, not only on spiritual matters, but also in the decision of how the sponsored schools should be run and managed. It is the role of the state to run all schools and make policies.
Fr Joachim Omolo Ouko, AJ
People for Peace in Africa
Tel +254-7350-14559/+254-722-623-578
E-mail omolo.ouko@gmail.com
Peaceful world is the greatest heritage
That this generation can give to the generations
To come- All of us have a role.