Gabriel Nyabola v. Attorney General & 2 Others


Petition 72 of 2012; Gabriel Nyabola v. Attorney General & 2 others [2014] eKLR



This case clarified that under international human rights law there is no obligation on the state to fund private schools. The provision of resources to public schools only does not amount to a violation of the right to education or discrimination against children in private schools. The distinction is acceptable as it seeks to achieve a legitimate aim: the progressive realisation of the right to education for all children.

Abidjan Principles:

Overarching Principle 1, Overarching Principle 2, Overarching Principle 5, Guiding Principle 9, Guiding Principle 10, Guiding Principle 15, Guiding Principle 17, Guiding Principle 18, Guiding Principle 34, Guiding Principle 36, Guiding Principle 37, Guiding Principle 64, Guiding Principle 65




High Court of Kenya at Nairobi - Constitutional and Human Rights Division

Ashina Mtsumi