NAIROBI, Kenya, Jan 10 – The Commission on Administrative Justice (Office of the Ombudsman) has ordered the State Department for Basic Education to publish information on school capitation funds, citing the public’s constitutional right to access information.
In a ruling issued under an Access to Information (ATI) review application, the Ombudsman found that the Ministry of Education had failed to adequately provide requested data on capitation allocations to public schools.
The case was filed against the State Department for Basic Education after the applicant sought details on the disbursement of government capitation funds, which are allocated to support learning materials, infrastructure and operational costs in public schools.
The Ombudsman said access to such information is guaranteed under Article 35 of the Constitution and reinforced by the Access to Information Act of 2016, adding that public institutions have a duty to proactively disclose information of public interest.
The Commission directed the Ministry to release the requested capitation data within the timelines set out in the law, warning that failure to comply would amount to maladministration.
The ruling adds pressure on the Ministry of Education amid growing concerns over delayed capitation disbursements and transparency in the use of education funds, particularly as schools struggle with funding shortfalls.
