An Examination of Children’s Right to Education During Forceful Evictions: a Case Study of Embobut Ward in Elgeiyo Marakwet County, Kenya

Abstract

The purpose of this study was to examine the impact of forceful evictions on the right to education of the Sengwer child in the Embobut forest. Specifically, the study sought to identify specific rights to education that are violated during forceful evictions. After identifying the specific rights to education that are violated, the study evaluated the educational challenges experienced due to forced evictions in Embobut ward, Elgeyo Marakwet County. The study adopted a qualitative approach using focus group discussions (FGD) and key informant interviews (KI). The key informants comprised fifteen (15) teachers and two (2) head teachers within two selected schools, and one Curriculum Support Officer (CSO) from the area. The focus group discussion comprised of sixteen (16) household heads (eight people in each group) from the Maron sublocation where the Sengwer indigenous community resides. The data was analyzed through thematic analysis where data was assigned codes to enable content description by theme. Two theories were used: the human rights based approach (HRBA) and the capability theory. These two share a common purpose as they seek to empower human beings to seek and enjoy human rights to the maximum. The two are united in their focus on human dignity and equality. The main findings of the study were that, during forceful evictions, the Sengwer child’s right to education was violated in a number of ways. The forceful evictions involved removal from place of residence and school ending up in congested temporary camps not conducive for learning. The latter in turn impacted negatively on the Sengwer child’s right to basic education; right to health; right to clothing, food, and, shelter and right to access adequate learning materials. The study also found out that during the 2014 forceful evictions, a number of learning institutions were closed down. These included three (3) unregistered ECDE centers and one (1) unregistered public primary school, which was one of the two schools under study. The closure had its own effects on the Sengwer’s child right to education that include low enrolment and low school attendance occasioned by increased absenteeism. A significant finding was that, while Embobut ward witnessed low enrolment, there was relative rise in enrolment in the neighboring schools unaffected by the evictions. Based on these findings, the study concluded that Embobut evictions negatively impacted the Sengwer’s child right to education. In line with the findings and conclusion, the researcher made a number of recommendations. First, the Kenyan government needs to look for alternative land to, permanently, resettle the Sengwer indigenous people as a community so; they are able to enjoy all the rights other citizens enjoy under the constitution and related international human rights instruments. Second, that, the Kenyan government should initiate dialogue with all the residents, local authorities, school authorities likely to be affected by the evictions on the importance of forest conservation. This will end further encroachment of the forest, the displacement of the Sengwer community, and the disruption of schooling and other educational activities. It will also end violations of children's rights to education in the Embobut ward. Finally, that, policy guidelines to be put in place to mitigate the human suffering and guarantee the Sengwer child’s rights to education.