Income Share Agreements: An Educational Mortgage

Abstract

The Constitution of Kenya 2010 introduced a very important aspect in the bill of rights that is the economic and social rights under article 43. Kenya also ratified treaties such as the convention on economic, social and cultural rights which the constitution also regards as part of Kenyan law as per article 2(6) of the constitution of Kenya 2010. One of the rights under article 43 is the right to education. This right has been protected by more than 140 constitutions of countries in the world and a large number of international covenants. Education and by education I mean formal education has been emphasized greatly and policies around education have been formulated more so to do with basic education. Do we only want to go as far as basic education only, what plans are set in place for tertiary education? As a developing state that has moved from having one institution of higher education to more than five what measures are we talking to ensure that there is one hundred percent inception of students to higher education? How affordable is higher education for a common citizen are the loans being provided by the government reliable to educate enough Kenyans? This paper will look into these matters and give an option that can be implemented not only by the government but also by Non-Governmental organizations, international and Multinational organizations.