School gave my child an admission letter, then took it back because I'm not married!
A single mother whose child has been declined admission.
What you need to know:
- The Constitution guarantees the right to equality and freedom from discrimination.
- This includes protection against discrimination based on marital status, which applies directly to your situation as a single mother.
Dear Vivian,
I am a single mother who recently experienced an upsetting situation while seeking admission of my daughter to a private school. After successfully completing the enrolment process and receiving an admission letter, I was informed just two days before the reporting date that my daughter’s admission had been cancelled. The school stated that they do not admit children from single-mother households, claiming that such children have been problematic and a bad influence in the past. Is this acceptable?
Becky Mueni,
Machakos
Dear Becky,
The actions of this private school raise serious concerns about discrimination and the violation of both your rights and your daughter’s rights. While private schools have some autonomy in their operations, they are still bound by constitutional and legal principles, which prohibit discrimination and uphold the right to education for all children.
The Constitution guarantees the right to equality and freedom from discrimination. This includes protection against discrimination based on marital status, which applies directly to your situation as a single mother. The school’s policy of refusing admission to children from single-parent households is not only unjust but also deeply discriminatory. It undermines the principle of equality that all institutions, including private schools, are required to uphold.
The law also emphasises the right of every child to access education without discrimination. The Basic Education Act requires both public and private schools to ensure equal access to education for all children, regardless of their social or economic background. The school’s decision to rescind your daughter’s admission solely because she comes from a single-mother household directly contravenes these principles. It also fails to prioritise the best interests of the child, a key legal standard in all matters affecting children.
This situation is not unique, and courts in Kenya have previously addressed similar issues. In past cases, courts have ruled that policies or practices that unfairly exclude individuals based on their social circumstances violate the principles of equality and dignity. Schools, as key institutions in shaping the lives of children, are expected to adhere to higher standards of fairness and inclusion.
Based on the above legal principles, there are steps you can take to hold the institution accountable and prevent similar discrimination against other parents and children. Filing a formal complaint with the Ministry of Education is a good starting point. The ministry has the authority to investigate such practices and ensure that private schools comply with the law.
Additionally, pursuing legal action through a constitutional petition is an option. A court could declare the school’s actions unlawful and order them to revise their policies, ensuring they align with the principles of equality and non-discrimination. This would not only address your grievance but also protect other families from experiencing similar injustices.
Importantly, taking action against this kind of discrimination is not just about seeking justice for yourself and your daughter; it’s about challenging systemic biases and ensuring that all children have an equal opportunity to access education.
Vivian
The writer is an advocate of the High Court of Kenya and award-winning civil society lawyer ([email protected]).
