Abstract:
In pursuit of creating an inclusive and equitable society, the
right to basic education stands as a cornerstone, serving as a catalyst for
individual empowerment and social progress. It is not surprising that in
Kenya’s Vision 2030, education stands as one of the pillars to actualise
the objectives set out in that document. The constitutional framework
of Kenya recognises education as a fundamental human right, which
is the basis for the development of a knowledgeable and skilled
citizenry. This article examines the crucial role that strategic litigation
can play in actualising the right to basic education in Kenya, exploring
the constitutional provisions that underpin this legal strategy and
emphasising the pivotal role of the judiciary. The article argues that the
Kenyan Constitution and the entire legal framework provide a solid legal
background for civil society organisations and other interested parties to
deploy strategic litigation to pressure the government for the realisation
of the right to basic education in the country. However, the success of such efforts is largely dependent on how the judiciary understands its
crucial role in driving the transformative potential of the Constitution.
