Right to Education for Children with Special Needs in Kenya: Does My Disability Disable My Right to Education?

Abstract

Article 53(b) of the 2010 Kenyan Constitution provides that every child has the right to free and compulsory basic education. Article 54(b) further provides that a person with any disability is entitled to access educational institutions and facilities for persons with disabilities that are integrated into society to the extent compatible with the interests of the person. This research will focus on the right to education for children with special needs in Kenya through a critical analysis of the education system in Kenya. The laws that govern education in Kenya will prove important in the course of this research to find out to what extent they cater for children with special needs as required by the supreme law of the land. For a long time, Kenya‟s education curriculum has not been as friendly for children with special needs. The structure of Kenyan institutions, from the lowest level of early childhood education to the higher institutions of learning has been a big problem since most of them lack facilities for children with special needs. The institutions that currently exist that accommodate these children, face several challenges in the course of providing this essential right. The research will highlight the various challenges facing special education. The main ones have been identified as quality and poverty which manifest themselves in various aspects. They have been a major cause of the lack of success by the government to include children with special needs into the mainstream education system. The research will also highlight what the government can implement to solve these challenges. Some of the recommendations will include awareness raising and proper resource allocation.