A Human Rights Perspective on the Efficacy of the Education Act 2011 in Relation to Free Education Policy 2022: Lessons drawn from Kenya

Abstract

This research was premised on a Human rights perspective on the efficacy of the Education Act in relation to the free education policy 2022 with lessons drawn from Kenya. The purpose of this study was to critically examine the legal gap between Zambia’s free education policy and its existing legislation particularly the exclusion of senior secondary education from the Education Act and to highlight the implications of this gap on the enforceability and sustainability of the policy with lessons from Kenya on how it has structured laws governing free education. The objectives of this study included the evaluation of the efficacy of the Education Act in supporting the implementation of free education policy, particularly at senior secondary, evaluating the effectiveness of the free education policy at senior secondary schools in Zambia and to examine the current and potential challenges faced by government schools and lastly, to draw lessons from Kenya on how it has structured laws governing free education. The methodology of this research was as follows; this research was a qualitative mode of research as data was collected from both primary and secondary sources which include local and foreign legislation, journal and articles, internet sources, reports, thesis, textbooks. Additionally, data was collected from selected secondary schools in Zambia. The research design used is phenomenological design. The major findings of the research were that Zambia does not have a law that backs free education policy at senior secondary school and it doesn’t have well-structured laws that govern how free education should be regulated. As such, the policy has come with challenges such as overcrowding, high teacher-pupil, inadequate or delayed funding, poor infrastructure and inadequate learning materials