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My university has suspended me for being pregnant

The denial of education based on pregnancy constitutes gender discrimination and a violation of your constitutional rights.

Photo credit: Photo I Pool

By  Vivian Mwende

What you need to know:

  • In Kenya, the right to education is protected under the Constitution.
  • The denial of education based on pregnancy constitutes gender discrimination and a violation of your constitutional rights.

Dear Vivian,

I am a student pursuing a degree in business. Recently, I found out I was pregnant. I informed my university that I intended to defer during my delivery period. I expected understanding and support, but to my surprise, I received a letter instructing me to stay away until I give birth. The letter indicated that my pregnancy does not align with the faith values of the institution and I am likely to be a bad influence on other students. It stated that I must prove I am married to be allowed to continue learning while pregnant. I strongly believe this decision violates my rights and constitutes discrimination based on pregnancy. I am reaching out to seek guidance on whether I have any legal recourse.

Jane Karuri,
Nakuru

Related

Dear Jane,

It is indeed concerning that the institution is infringing your rights by denying you education based on your pregnancy. In Kenya, the right to education is protected under the Constitution. Article 43.1.f states: “Every person has the right to education.”

The Constitution also guarantees equality and freedom from discrimination, and explicitly prohibits discrimination on the basis of pregnancy. Article 27 (4) reads: “The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.” Based on this provision, it should be noted that the Constitution is superior to your university position.

It is, therefore, important to document all communications, including the letter you received, from the university, as this will serve as crucial evidence in your case. The denial of education based on pregnancy constitutes gender discrimination and a violation of your constitutional rights.

I, therefore, recommend that you evaluate if there are university policies that refer to your case. If there is any that does not align to the Constitution, then a public interest litigation case can be instituted against the university.

If there are no policies on your issue, reach out to a legal professional experienced in human rights and gender discrimination issues. This can be through women's organisations such as the Forum for African Women Educationalists - Kenya (Fawek) and the Federation of Women Lawyers - Kenya (Fida-K). They can provide tailored advice based on the specifics of your situation and guide you through the legal process. They may commence by doing a demand letter to your institution.

Kenya’s National Re-entry Guidelines for Learners in Basic Education was drafted to give key stakeholders clear guidance on the procedure for re-entry. It will be prudent to have tertiary institutions borrow this concept.

Vivian

The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).

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