A new petition filed at the High Court seeks to overturn the Ministry of Education’s decision to designate English as the main language of instruction for learners from Grade 4 to Grade 12. Filed on October 23 by Ernest Achesa Makhambala, the petition argues that the policy marginalizes indigenous languages and erodes Kenya’s cultural identity.
Makhambala contends that by classifying Indigenous Languages Activities for Grades 4 to 9 as “non-formal programmes,” the State devalues local languages, contrary to the Constitution’s emphasis on inclusivity and cultural diversity.
“This is fundamentally a case about cultural dignity and educational justice. No child should be excluded from learning because the language of teaching is foreign to them,” the petitioner stated.
The Cabinet Secretary for Education, the Kenya Institute of Curriculum Development (KICD), and the Attorney General have been named as respondents. KICD is accused of acting unlawfully in approving curriculum designs that make English the sole medium of instruction beyond Grade 3.
Makhambala cites Articles 7, 11, 44, and 53 of the Constitution, which safeguard language and cultural rights, as well as the Basic Education Act (2013) that protects children’s linguistic rights in education. He also references past policy documents, including the 1976 Gachathi Report and the 2012 Education Sector Re-alignment Task Force, both of which recommended using the mother tongue for early learning before gradually introducing English.
The petitioner further quotes former Education Cabinet Secretary Jacob Kaimenyi, who in 2014 emphasized that children learn better in languages they understand.
Makhambala is seeking court orders to declare the ministry’s decision to use English-only curriculum designs as unconstitutional and to compel the development of indigenous language curriculum materials from Grades 1 to 11.
The respondents have 21 days to respond to the petition.
