Two parents have moved to court to challenge the criminalisation of the non-enrolment of a child to either a public or private school, in an effort to have homeschooling recognised in law.
Mr Silus Shikwekwe Were and Mr Onesmus Mboya Orinda argue in their petition that the law to enrol a child to an institution of learning limits the scope of what education is.
The duo say sections of the Basic Education Act infringe on the rights of parents to determine the forum and manner in which their children will be educated.
They add that it also violates the child’s right to freedom of conscience, opinion, belief and free will.
“The non-recognition of homeschooling as a form of education which guarantees a child’s right to education contravenes the rights of children who may opt for this system of education as well as the right of the parent to determine a course that would take care of the child’s interest,” the petition reads.