Gabriel Nyabola v. Attorney General
Petition 72 of 2012, Gabriel Nyabola v Attorney General & 2 others  eKLR
This case clarified that under international human rights law there is no obligation on the State to fund private schools. The restriction of government funds to public schools does not amount to a violation of the right to education or discrimination against children in private schools. The discriminatory treatment is acceptable as it seeks to achieve a legitimate aim; the progressive realisation of the right to education for all children.