Petition Filed to Scrap English as Main Teaching Language in Kenyan Schools
A new petition before the High Court is challenging Kenya’s long-standing practice of using English as the main language of instruction in schools, and the debate over education, culture and identity is back.
Filed on October 23, the petition by Ernest Achesa Makhambala questions the Ministry of Education’s policy that designates English as the teaching medium for Grades 4 to 12, while classifying Indigenous Languages Activities for Grades 4 to 9 as “non-formal programmes”.
Makhambala says this system “devalues indigenous languages” and erodes Kenya’s cultural heritage. “This is fundamentally a case about cultural dignity and educational justice,” he says in court documents. “By sidelining indigenous languages, the State is not upholding the Constitution’s vision of cultural diversity and inclusive education.”
The petition names the Cabinet Secretary for Education, the Kenya Institute of Curriculum Development (KICD) and the Attorney General as respondents. KICD is accused of acting “unreasonably and unlawfully” in approving curriculum designs that prioritise English over local languages.
Makhambala cites constitutional provisions — Articles 7, 11, 44, 47 and 53 — that protect linguistic rights, cultural expression and the right to education. He says the state’s policy contravenes these guarantees and the Basic Education Act, 2013 that protects children’s linguistic rights in schooling.
The petition also references past policy frameworks. The 1976 Gachathi Report recommended that schools use the predominant local language as the medium of instruction for the first three years of primary education before transitioning to English. A 2012 task force reiterated those recommendations, saying the “language of the catchment area” should be used for early childhood and lower primary education.
Makhambala also quotes former Education Cabinet Secretary Jacob Kaimenyi’s 2014 comments that children learn better when taught in languages they understand.
The petitioner says despite acknowledging English as a second language in recent curriculum revisions, KICD is still enforcing it as the main medium of instruction from Grade 4 onwards — a policy he calls exclusionary and unconstitutional.
He is asking the court to declare the ministry’s English-only approach unlawful and to order the development of formal indigenous language curriculum materials from early childhood to Grade 11.
The respondents have 21 days to respond. The case will be heard on January 21, 2025.
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Petition Filed to Scrap English as Main Teaching Language in Kenyan Schools