The High Court has temporarily suspended a Ministry of Education circular issued last month that sought to scrap diploma training for Early Childhood Development Education (ECDE) teachers by merging it with Diploma in Primary Teacher Education.
In orders issued on Monday, Justice Lawrence Mugambi granted conservatory orders stopping the implementation of the circular: reference QAS/ECDE/7/1B/2/193, dated January 19, 2026, pending further directions from the court.
“This order shall remain valid until the next mention date or until further orders of this court, whichever comes first,” Justice Mugambi ordered.
The suit was filed by the Kenya Union of Pre-Primary Education Teachers (Kuppet) under a certificate of urgency following the issuance of the policy by the Ministry of Education. The circular was signed by the Principal Secretary for Basic Education, Prof Julius Bitok.
The union sued the Cabinet Secretary for Education, Teachers Service Commission (TSC), Kenya Institute of Curriculum Development (KICD) and the attorney-general. The Education Stakeholders Association of Kenya has been listed as an interested party.
Through the Kuppet General Secretary Samuel Opiyo, the union says that its members across the country learnt through social media that the ministry intended to merge ECDE and primary teacher training into a single general programme.
The union argues that the move would eliminate specialisation in ECDE, yet early childhood education requires unique skills to address the needs of pre-primary learners.
It says that the decision has already adversely affected ECDE teacher trainees who were in the process of upgrading their qualifications to diploma level.
Kuppet further noted that the policy was formulated without public participation, rendering it unreasonable, irrational and unlawful.
It warned that the directive could disrupt ECDE training programmes, threaten employment of its teachers, and violate the rights of vulnerable children to quality education.
According to the union, since the issuance of the circular, the policy has caused confusion in the education sector, particularly among institutions offering the now-suspended ECDE upgrade courses.
It says that since ECDE teachers are currently managed by county governments, while primary school teachers fall under the national government, there will be disparities over employment and governance structures.
In the suit, it accuses the Cabinet Secretary for Education and the Ministry of Education of overstepping their constitutional mandate, arguing that the review of standards for entry into the teaching profession is a core function of the Teachers Service Commission (TSC).
In the petition, the union has sued the Cabinet Secretary for Education, the Teachers Service Commission, the Kenya Institute of Curriculum Development (KICD) and the attorney-general. The Education Stakeholders Association of Kenya has been listed as an interested party.
The case will continue on March 3, 2026.
