An Analysis of the Laws and Practice Governing the Right to Education in Respect of Child Offenders: Lessons from Kenya

Abstract

This dissertation critically examined the realization of the right to education for child offenders in Zambia, assessing the adequacy of the existing legal and institutional framework. In comparison with Kenya. The study was grounded in the understanding that education is both a fundamental human right and a rehabilitative tool essential to the reintegration of child offenders into society. Despite international commitments under instruments such as the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, many child offenders in Zambia continue to face systemic barriers to accessing education while in detention. The research adopted a qualitative approach, employing a comparative legal analysis of statutes and policies from Zambia and Kenya. It draws on both international and domestic legal sources to evaluate compliance with human rights obligations. The referenced key authors who have equally had an interest in the matter and secondary literature further illuminate the practical challenges within correctional institutions, such as inadequate infrastructure, limited teacher deployment, and weak coordination between the Ministries of Education and Home Affairs as well as society. Findings revealed that while Zambia’s child Justice Framework recognized education as a right, implementation remains fragmented, under-resourced and outdated. In contrast, Kenya demonstrated a more coherent integration of education within its child justice system, supported by stronger policy alignment and institutional mechanisms. The dissertation concluded that Zambia must strengthen inter-ministerial collaboration, allocate dedicated funding for correctional education, and incorporate explicit legal guarantees to ensure that child offenders enjoy meaningful access to quality education. The study contributed to the discourse on children’s rights and penal reform in Africa, advocating for the recognition of education as a cornerstone of restorative justice and human development.