One Year after Lang’ata: Why Public Schools in are Still at Risk. ShuleYangu Alliance Policy Brief, February 4th 2016

Table of Contents

ACKNOWLEDGEMENTS AND POST SCRIPT ...... 2 ACRONYMS ...... 2 EXECUTIVE SUMMARY ...... 3 THE CHALLENGE OF PROTECTING PUBLIC PROPERTY ...... 4 ONE YEAR SINCE THE RECLAMATION OF LANG’ATA ROAD PRIMARY SCHOOL ...... 4 WHAT IS THE STATE OF PUBLIC SCHOOL LAND IN KENYA? ...... 5 WHAT NEEDS TO HAPPEN NOW ...... 8 RECOMMENDATIONS ...... 8 APPENDIX 1: RESEARCH METHODOLOGY ...... 9 APPENDIX 2: 2015 TIME-LINE ...... 9 APPENDIX 3: SURVEY QUESTIONNAIRE ...... 10 REFERENCES ...... 11

ACKNOWLEDGEMENTS AND POST SCRIPT

This policy brief is generated by the Kenya Dialogues Project at the Society for International Development (SID) for the ShuleYangu Alliance. It was written by Irũngũ Houghton. While asserting our full responsibility for the analysis and conclusions contained in this policy brief, SID acknowledges ShuleYangu Alliance members namely; National Land Commission, East African Centre for Human Rights (EACH Rights), Kenya Alliance for the Advancement of Child Rights (KAACR), Elimu Yetu Coalition, Amnesty International, Africa Network Campaign on Education For All (ANCEFA), Pawa Initiative, Girl Child Network (GCN) for their ongoing work to protect schools at risk.

We particularly thank the Kenya Primary Head Teachers Association (KEPSHA) Immediate former National Chairperson Joseph Karuga and Programme Officer Rebecca Otieno, Kenya Secondary Head Teachers Association (KESSHA) Chief Executive Officer Nicodemus Bore, National Land Commission Chairman Dr. Muhammad Swazuri, Chief Executive Officer Tom Chavangi, Commissioners and staff. We acknowledge intellectual input from Boaz Waruku (ANCEFA), Abraham Ochieng (EACHRights) former and current SID staff Justus Wambayi, Florence Annan, Joan Njagi, Banice Mburu, Orwa Michael, Lenn Wanyama, Morris Maina, Mathias Kinyoda and Ali Hersi.

Originally launched on the eve of the first anniversary of the Lang’ata Road Primary School land reclamation, this version has been updated to incorporate comments from the National Land Commission (NLC), Ministry of Housing and Urban Development and the Ministry of Education.

A key outcome of the brief was the adoption of the five recommendations in a meeting chaired by Cabinet Secretary Prof Jacob Kaimenyi, State Department of Lands, Housing & Urban Development on January 18th 2016. Work is underway to meet the March 2016 deadline for the initial titling of over 2,000 schools.

ACRONYMS

ANCEFA Africa Network Campaign on Education for All MLHUD Ministry of Lands, Housing and Urban Development CAJ Commission on the Administration of Justice NGO Non - Governmental Organisation EACC Ethics and Anti-Corruption Commission NLC National Land Commission EACHRights East Africa Centre for Human Rights NSSF National Social Security Fund EYC Elimu Yetu Coalition PTA Parent Teacher Association GCN Girl Child Network SID Society for International Development KAACR Kenya Alliance for the Advancement of Child Rights TSC Teachers Service Commission KEPSHA Kenya Primary Schools Head Teachers Association UN United Nations KESSHA Kenya Secondary Schools Heads Association

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EXECUTIVE SUMMARY

Why did the Government build the wall at night? Why tear-gas us when we are fighting for our rights? Before God we ask, return our field. No field, no school. We are tomorrow’s Government. Pupil, Langáta Road Primary School, January 19, 2015 https://youtu.be/K0-TpqsDQYg

I am aware that faceless developers have attempted to give themselves the playgrounds of your children’s schools. Pope Francis, November 27, 2015 http://edition.cnn.com/2015/11/27/africa/africa-pope-francis-trip/

I direct the Ministry of Lands and the County Government to issue title deeds to all schools in the name of school committees and boards of governors. H.E. President Uhuru Kenyatta, January 22, 2015 http://allafrica.com/stories/201502060306.html

The failed attempt to grab 0.6 hectares possibly worth more than Kshs 80 million (US$ 900,000) from Lang’ata Road Primary School on 19th January 2015 shattered the fear and silence over land misgovernance in Kenya.1

After the violent teargassing of school-children and the arrests of concerned citizens disappeared from the national and international headlines, schools, public benefits organisations, the National Land Commission and the Government have continued to battle against the systemic stripping of public school land. Yet, one year on, not one school has received a lease certificate in compliance with the January 22 Presidential Directive to have all 29,404 primary and secondary public schools titled.

Kenya faces an epic rush for land-based investments in a context of a fundamental breakdown in the value of public spaces. Public officials and private businesspeople are actively undermining a moratorium on the transfer of public assets during the transition to devolution. Public silence, corruption and collusion of public officials are at the heart of the problem. Administrative delays in the implementation of the Presidential Directive and community inaction perpetuate the problem.

In the absence of a systematic titling programme, demonstrations, wall demolitions, occupations, legal injunctions and media coverage are the responses to encroachment, outright grabs, bribery, intimidation and legal challenges for our schools. Kenya faces a vicious scramble for public land and schools are at the centre of this.

For the very first time, we can make public primary data on the frequency, scale and impact of school land-grabbing in 45 counties. Informant interviews with 3,475 Head teachers show that 83% of our public schools are currently without title-deeds or lease certificates. 41% of our public schools are at risk of encroachment and grabbing. 14% (about 4,100) of all schools have reported cases of land contestation, encroachment or grabbing to the National Land Commission.

Consequently, we call for; 1. The Ministry of Lands, Housing and Urban Development to issue lease-certificates to the 2,400 schools that have already been surveyed; 2. The Cabinet to fast-track the approval the waiving of survey fees and all other costs for the 5,000 other schools who have already applied for assistance to determine school boundaries; 3. The Ministry of Education, Science and Technology to encourage all remaining schools to apply for title- deeds; 4. All 47 County Governments to urgently complete their audits all public schools and other public utilities and where appropriate issue lease-certificates; 5. The establishment of a rapid results titling taskforce of Government Ministries, National land Commission, ShuleYangu Alliance, Teachers Associations.

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As a consequence of high speculative prices and THE CHALLENGE OF PROTECTING PUBLIC PROPERTY demand for housing therefore, public spaces in Kenya are increasingly vulnerable to illegal acquisition or Key international conventions, the Kenyan constitution encroachment. In the absence of decisive public and national legislation enshrine our national values, leadership and citizen’s action, public schools, health state obligations and directives. The Right to Play and facilities, airports, prisons, police-stations and tertiary Participation are internationally recognized rights for education institutions remain endangered by illegal all children. Kenyan boys and girls are no exception. acquisition and encroachment. Table 1: Current land prices in nine Nairobi Wards Article 31 of the 1989 U.N. Convention on the Rights of Area Price per Acre (Kshs.) the Child states that the child has a right to leisure, play Upper Hill 470 Million and participation in cultural and artistic activities. Kilimani 370 Million Article 53 (b) and Article 62 (4) of the Constitution of Westlands 360 Million Kileleshwa 250 Million Kenya protects and promotes the right of children to Lavington 200 Million free and compulsory education and the protection of Spring Valley 140 Million public land respectively. Without them, the vision of Runda 60 Million equitable land governance, child and property rights Karen 40 Million 2 would be an illusion. Lang’ata 40 Million Source: Daily Nation, February 1st 2015 The current scramble for Kenyan public school land The vulnerability of public land also arises from the reflects some of the greatest challenges of matching historical policy of not titling public land stretching the vision and promise of these instruments, norms back to the colonial period. Titles and lease certificates and standards. Decades of abandoning urban planning, were awarded by the colonial and then independent public infrastructural investment, service-provision State only when land was being transferred to private and land use management has left the market to citizens, companies or communities. In the current appropriate urban spaces without any real restriction context of devolved administration, corruption and 3 to real-estate speculation or exponential revenues. increased demand, this outdated policy approach is insufficient to protect public land. A recent Hass Consult Nairobi land prices survey reveals that land has been among the fastest Today’s challenge is not unique to Kenya. Both appreciating commodities. Prices have risen four times neighbouring Uganda and North America are more than property and twice as much as cattle. The confronted by the same challenge. In 2015, at least 10 scarcity of land in urban towns and cities is fuelling schools in Kampala and elsewhere were evicted to illegal acquisition of public land in general and public pave the way for public interests.6 The introduction of schools in particular for residential and commercial Teach for America and the charter schools movement investment. Several parts of Nairobi, the capital city in have been criticised for the closure of public schools, which Lang’ata Primary School sits, have seen a 600% transfer of public property and assets to venture increase in land value over the last eight years. business interests. 7

The increasing value of land is largely driven by a large ONE YEAR SINCE THE RECLAMATION OF LANG’ATA deficit for housing which stood at 2 million units in ROAD PRIMARY SCHOOL 2012 and continues to grow at a rate of 200,000 units per year.4 At the same time, urban centres are Prior to this research, there has been surprising very experiencing a rapid growth of informal people’s little information on school land grabbing available to settlements or slums. Between 60-80% of Kenya’s the public. A notable exception is the 2014 County of urban population live in informal urban settlements. Nairobi Education Task Force headed by Dr. Mark 60% of Nairobi residents live in settlements without Matunga. Their report presented to the any security of tenure on 5 percent of the total land Governor six months before the Lang’ata incident area.5 Rural-urban migration, increasing urban poverty found that only 3 out of 50 schools visited had title and inequalities, high costs of living, non-transparent deeds, 1 in 10 had experienced encroachment either land allocation systems, land grabbing and insufficient by communities, private developers and religious investment in new low-income housing drives the rapid organisations and 1 in 4 schools were unclear of their growth of urban slums. boundaries.8 There is little-known evidence of the County of Nairobi having acted on these alarming findings in 2014.

One Year after Lang’ata: Why Public Schools in Kenya are Still at Risk. ShuleYangu Alliance Policy Brief, February 4th 2016

WHAT IS THE STATE OF PUBLIC SCHOOL LAND IN Titling of the public schools must be approached with KENYA? care to ensure that land held in the public interest is not intentionally or unintentionally through debt There is a total of 29,404 public schools in Kenya. transferred into private hands. Rather than 21,718 of them are primary schools and the remaining transferable title-deeds, schools require lease 7,686 are secondary schools9. In July 2015, 3,475 Head certificates with clear conditions against use as teachers of primary schools from 45 counties and 285 collateral for loans or sale by the school Head Teachers, sub-counties participated in our survey on the state of Management Committees or Governance bodies. As public school land in Kenya today.10 Nearly half of the basic education is a national function, primary and Head Teachers surveyed came from primary schools in secondary school lease certificates should be held in the populous Kakamega, Makueni, Bungoma, Bomet, trust by the Ministry of Finance with copies held by the Kisumu, Migori, Kericho and Trans-Nzoia counties. Head Teachers. Schools without allotment letters According to National Land Commission experts, the acreage of public schools ranges from 0.25 to 124 hectares. Most schools occupy between 5-6 hectares. Three types of tenure systems dominate schools 41% No namely; 55% • Freehold - those in adjudication and no response settlement areas, former trust lands and Yes 4% agricultural areas; • Leasehold - urban areas and cities and; • Those with no security of tenure namely schools in gazetted forests and informal settlements. Un-surveyed schools

60 55% Schools are at four different stages of adjudication and 50 titling namely: Titled schools, Planned schools under 35% Development Plans or Part Development Plans, 40 30 Surveyed schools, Unplanned or surveyed schools, and Total 11 Schools in conflict or disputed over boundaries. 20 10% 10 83% of Kenyan public schools do not have title-deeds 0 or lease certificates. 41% of schools have no allotment No no response Yes letters and 55% of schools are yet to be surveyed. These facts suggest that a large number of schools are Protection of schools is not only a legal matter. Fencing at risk of encroachment and grabbing. The 35% of of schools is equally critical for at least four reasons. schools that have been surveyed represent quick wins Growing national and global concerns about the safety for the Government titling programme. of our schools drive the need for school administrators to be able to control access plus maintain surveillance Schools without title-deeds over the entire property. Defined perimeters also enable landscape maintenance, guard against theft of school property and abuse of minors by the wider 12 2% 15% population.

For Kenya, fencing is a deterrent against “private developers” or what one anti-corruption campaigner has called “the white collar thief who appropriates land 83% against the public interest for exclusively private 13 gain”. Only 1% of our schools are surrounded by permanent walls. 48% rely on barbed wire and another Yes No no response 21% on live fences or bush. By any interpretation, more is needed by schools, parents and the Government to transform this.14

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Area of school land fenced Further investigation is needed to deepen 60 understanding whether the acreage decrease is due to encroachment, land-grabbing or ceding of primary 50 schools to build complementary institutions such as 40 secondary, early childhood or tertiary institutions. 30 What is indisputable, is that the phenomena of school 52% grabs is a nation-wide problem. The National Land 20 Total Commission currently has reports from 4,100 schools 10 24% 24% 1% complaining of land contestation, encroachment and 0 grabbing by third parties.15 This study reveals the biggest culprits to be local communities (65%), public institutions (18%), religious institutions (10%), politicians (5%), Parent-Teachers Associations and NGOs (1%) in this order. Type of fence Who is grabbing school land? (Frequency) Total

Wall fence 1 Public institution Other 1 Politician not applicable 23 NGO no response 6 Religious institution Live fence 21 Local community Barbed wire 48 School staff/PTA

0 10 20 30 40 50 60

no not Barbed Live Wall respons applica Other wire fence fence Case-Study 1: St Catherine’s Primary School, Nairobi e ble South B Total 48 21 6 23 1 1 This school is contesting the loss of two pieces of land to private developers with the assistance of officers from the defunct . The first piece of The poor state of fencing contributes to the lack of land is 1.38 Ha on Plot 209/11881 lies between the understanding by Head Teachers on the exact school building and a petrol station. Simon Limo of boundaries of the schools they are managing. The 2014 Hamco Kenya Limited sold the land to National Social Nairobi Education Taskforce Review finding that 1 in 10 Security Fund (NSSF). NSSF later transferred the land to schools are not confident in determining their Nemka Agencies who currently lay claim to the piece of boundaries is sadly re-affirmed by our national land. The second piece of land is 2.98 Ha of plot findings. 1 out of 10 Head Teachers interviewed is 209/10826. Despite an allotment letter, Coast Bus unsure of the school boundaries. More worryingly is Company lays claim on that piece and demands a road the finding that 71% of the schools have seen their be constructed through the school. This land case has acreage decrease over time. been reported to the police OB 12/24/6/2015. Half of the remaining piece of school land is rendered unsafe Changes in school size over time (%) for children as Nairobi City County sewage line and high voltage overhead cables pass through the school.

Case-Study 2: Naka Primary School-Nakuru County 28.8 10 acres in Nakuru Municipal Block 23/108 was set 71.2 aside for public school land in 1985. One decade later, Hyrax developers through the help of a Municipal Council official attempted to seize the school. The matter was referred to court and although the Judge noted that the title might have been acquired Increased Decreased fraudulently, the court ruled in favour of Hyrax developers. The matter was appealed.

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In November 2015, ShuleYangu alerted the National Twice as many Head Teachers experienced their Land Commission who they revoked the earlier title actions as inefficient as those that thought they had and reverted the land to the school. With the been efficient. This finding is reminiscent of the December 2015 Supreme Court ruling that the NLC can experience of the Lang’ata Road Primary School Head only recommend the revocation of titles to the courts, Teacher who reported the building of a permanent wall the school is once again at risk. on school property to the police, Ethics and Anti- Corruption Commission (EACC), County of Nairobi There are four types of the complaints currently with Government and the Police to no avail. In this regard, the National land Commission. They include; the public admonishing of the Lang’ata Head teacher by the Teachers Service Commission (TSC) and the • Private developers who are aided by public Commission on the Administration of Justice (CAJ) was servants to acquire part of school land; misplaced.16 • Religious institutions who acquire properties in Effective protection strategies taken collaboration with public servants after having originally requested the land for the sole purposes 100.0 of establishing schools; 80.4 • People claiming part or entire parcels of school 50.0 12.6 land securing court orders; 0.0 5.5 1.4 Total • Confusion on who owns the land and the total acreage.

Faced with encroachment and land-grabbing by powerful interests most Head Teachers reported to us Head Teachers, Parent Teachers Associations and they have taken no action. A pattern that policy- Management Committees are facing a powerful makers must seek to understand and transform is the competitor for public resources. In most of the cases, failure of Education Inspectors, Health Inspectors, the grabbers are better resourced and backed with a District Education Officers, County and National web of relationships among county and national Government planning officers to blow the whistle Governments. In most cases, this leaves a Head effectively and act. The sober reality of Lang’ata Teacher with a monthly salary of Kshs 70,000 (US$ 780) incident and others is that when public authorities and often left protecting school property worth Kshs adults fail to take action it leaves children no option but 500,000 (US$5,600) or more. Head Teachers and to act and protect their playgrounds. Governance body chairpersons require more capacity- building on the actions they can take and the support Those that do take action have reported to authorities they should expect. and reverted to the courts. A growing number of have seen demonstrations by school-children, parents and The Presidential directive of January 22 to the Ministry concerned citizens. It is the actions of these that have of Lands, Housing and Urban Development (MLHUD) saved Lang’ata Road Primary School, Naka Primary and the Nairobi County Government to issue title School (Nakuru), St Catherine’s Primary School (South deeds to all schools was a bold response to protect B, Nairobi) and Lavington Primary School (Nairobi). schools like Lang’ata Road Primary School. Ministry of Education, Science and Technology circulars, encouragement by Members of parliament and Members of County Assemblies and sharing of Shuleyangu guidelines to Primary and Secondary Head Teachers increased applications from 301 in March to 7,500 by August 2015.17

According to the National land Commission, schools in Mombasa, Nakuru, Homa Bay and Makueni lead the country in terms of applications for titles as a percentage of the total number of schools within their counties. 2,400 of these applications have been surveyed already.

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The remaining, 5,000 school applications will require Public property stripping presents a grave threat to our the MLHUD to waive all fees and costs related to ability to access public utilities, infrastructural surveying before they can be titled. Yet, despite all of expansion and live in inclusive cities in future. these actions, land grabbing of schools continues. Lastly, the failure to uphold the rule of property law In a copy-cat action reminiscent of the Lang’ata Road violates the sanctity of titles for all. Genuine private Primary School, KenSom Holdings attempted to take developers have found themselves handling second or possession of two acres of the 51-year-old Lavington third generation owned public school land that was Primary School on 19 December 2015. While repulsed acquired fraudulently. Title uncertainty, revocations by vigilant parents, the area Member of Parliament and repossession on land is costly for this community Hon Simba Arati and a subsequent court injunction by as well. Enshrining integrity in land governance is also Nairobi Senator Mike Sonko, this brazen attempt important for the business community as well. leaves no doubt that no school is safe until they are titled. RECOMMENDATIONS

WHAT NEEDS TO HAPPEN NOW Incoming Ministry of Lands, Housing and Urban Development Cabinet Secretary Jacob Kaimenyi and Kenya is facing an epic rush for land-based investments National Land Commission Chairman Dr. Muhammad in a context of a fundamental breakdown in the value Swazuri have publicly announced that the titling of of public spaces. Public officials and private business public schools will start by March 2016. The are actively undermining the moratorium on the ShuleYangu Alliance welcomes this commitment and transfer of public assets during the transition to urges the acceleration of the titling of the 2,400 public devolution. Public silence, corruption & collusion of schools that have been surveyed and whose details are public officials is at the heart of the problem. now with the National Land Commission. Bureaucratic delays in the implementation of the Presidential Directive and community inaction 5,000 other schools have applied for assistance to perpetuate the problem. There are three major determine school boundaries, surveying or awarding of reasons why decisive and comprehensive action is title-deeds. The October Cabinet memo seeking the required now. waiving of surveying costs and any other fees related to processing this schools needs to be submitted by the As a signatory to the UN Convention on the Rights of Ministries of Finance, Lands and Education without the Child, the Government is obligated to realise the further delay. right: to quality public education (Article 28); to play and recreation (31); to keep children free from harm A further 22,000 schools still have to apply for lease (18), punishment and cruelty (37). Rest and recreation certificates. Mobilisation of Head Teachers by the is important for the healthy development of children Teachers Service Commission, Ministry of Education, plus the improvement of social and personal skills. Science and Technology, Kenya National Union of Teachers, KEPSHA and KESSHA will be easier after the The State is further obligated in Article 53 (2) of the first batch of schools are titled. 2016 must be the year Constitution of Kenya to ensure the best interests of we take our public schools off the private market and children are promoted in every matter concerning declare they are not for sale. children. Article 53 1 (b) also secures the right to free and compulsory education for every child; a right that A rapid results title deed taskforce with representation among other things requires allocating adequate land from the Ministries of Lands, Housing and Urban for the establishment of schools and other educational Development, Education, Science and Technology, facilities, as well as protecting schools from losing their County Governments, the National Land Commission land. and the ShuleYangu Alliance is now required urgently to ensure swift and consistent delivery of this Kenya is increasingly urbanising. Public utilities and programme. spaces have to be ring-fenced both for current and future needs of large numbers of residents, many of whom will be low-income and marginalised from political power.

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APPENDIX 1: RESEARCH METHODOLOGY

Data Data Data County Name Sum of Sum of County Name Sum of Sum of County Name Sum of Sum of Frequency Percentage Frequency Percentage Frequency Percentage Baringo 38 1.09 Kisumu 202 5.81 Narok 62 1.78 Bomet 204 5.87 Kitui 57 1.64 Nyamira 39 1.12 Bungoma 239 6.88 Kwale 54 1.55 Nyandarua 7 0.20 Busia 89 2.56 Laikipia 14 0.40 Nyeri 2 0.06 Elgeyo Marakwet 83 2.39 Lamu 8 0.23 Samburu 2 0.06 Embu 7 0.20 Machakos 88 2.53 Siaya 142 4.09 Garissa 11 0.32 Makueni 234 6.73 Taita Taveta 49 1.41 Homa Bay 167 4.81 Mandera 1 0.03 Tana River 34 0.98 Isiolo 2 0.06 Meru 13 0.37 Tharaka Nithi 24 0.69 Kajiado 21 0.60 Migori 181 5.21 Trans Nzoia 144 4.14 Kakamega 320 9.21 Mombasa 19 0.55 Turkana 1 0.03 Kericho 178 5.12 Muranga 12 0.35 Uasin Gishu 89 2.56 Kiambu 18 0.52 Nairobi 24 0.69 Vihiga 68 1.96 Kilifi 130 3.74 Nakuru 23 0.66 Wajir 7 0.20 Kisii 173 4.98 Nandi 192 5.53 West Pokot 3 0.09 Grand Total 3475 100

Table 2: response rate across 45 Counties

APPENDIX 2: 2015 TIME-LINE

Monday 19th January 2015 Lang’ata Road Primary School reclaimed by school community, Pupils teargassed and activists arrested by police

First 90 days January 22: President Uhuru Kenyatta issues directive to Ministry of Lands and the Nairobi County Government to title all schools Transitional Authority warns against purchase of public land. Mombasa Governor Ali Hassan Joho declares that all schools will get title deeds. Communities and state takes action to re-possess, protect or nullify title-deeds for public spaces; Kibagare Wetlands, State House Crescent Road, City Park/Market, Mombasa Primary School, Umoja II Estate social hall, St. Catherine’s Primary School, Buruburu Girls Secondary School, Bondeni Primary school (Kayole), Milimani Primary School Kilimani Primary School, City Primary School (Nairobi), Highridge dispensary (Parklands), Kakamega Primary School, Naka Primary School (Nakuru), Stadium, Madaraka Primary School and Jamhuri 1 Estate among others. March: National Land Commission report only 301 schools have applied for title-deeds

March to August 2015 May: Eight agencies with the National Land Commission form the ShuleYangu Alliance Meeting held with Ministry of Lands, Ministry of Education, Institute of Surveyors of Kenya, Law Society of Kenya, Office of the President, Office of the Attorney General, Ethics and Anti-Corruption Commission, Kenya Primary Head Teachers Association, Kenya Secondary Head Teachers Association, Kenya National Union of Teachers, Schools alumni associations among others June and July: Production and dissemination of application guidelines to 18,000 Head Teachers August: 7,500 school applications for titling received by National Land Commission

November to January 2016 November: Open mapping surveys and fencing weeks of action for 2016 designed June to December: National and International media engagement through press statements, press conferences, Television and radio talk-shows November 27: Pope Francis announces corruption and land-grabbing to be the greatest threat to Kenya December 9: Integrity champions and protectors of school land awards given to Sister Mary Kileen and Francis Mwangi of St. Catherine and Naka Primary Schools respectively December 31: Joint action by area MP Hon. Simba Arati, school management, National Land Commission, Ministry of Lands, KNUT, KEPSHA and Nairobi Senator Hon Mike Sonko stop attempted grab of Lavington Primary School on December 9 No pupils teargassed and no activits arrested by police

One Year after Lang’ata: Why Public Schools in Kenya are Still at Risk. ShuleYangu Alliance Policy Brief, February 4th 2016

APPENDIX 3: SURVEY QUESTIONNAIRE

SCHOOL SAFETY SURVEY THE INFORMATION YOU GIVE WILL BE HANDLED CONFIDENTIALLY AND WILL BE USED FOR RESEARCH PURPOSES ONLY LY.

Kindly answer all the questions by ticking in the box [ ] or writing in CAPITALS on the space given.

1. Name of the School 2. Index Code for School 3. Division 4. Zone 5. County 6. Sub County 7. Name of the Head Teacher 9. Name of PTA Chairperson 8. Mobile No 10. Mobile No 11. Is your school fenced?Yes [ ] No [ ] 11.(b) If Yes, what is the type of the fence? [ ] Live fence [ ] Wall fence [ ] Barbed Wire [ ] Other [ ] If other please specify ______12. Is the school land surveyed? Yes [ ] No [ ] I don’t know [ ] 13. Does the school have a letter of allotment?Yes [ ] No [ ] 14. (a) Does the school have a title deed? 14.(b) If yes in 14(a), who is the custodian of the title Yes [ ] No [ ] Name/Designation ______14.(c) If Yes in 14a, when was the title deed acquired? __/__/______14. (d) If No in 14(a), has the school applied for title deed? Yes [ ] No [ ] If No, why? ______15. Do you require assistance to apply for a title? Yes [ ] No [ ] Specify ______16. (a) Is the current acreage of the school the same as when the school was established? Yes [ ] No [ ] I don’t Know [ ] If No, has it? increased [ ] Decreased [ ] 17. (a) Have there been any attempts to grab the school land? Yes [ ] No [ ] 18. (a) If yes, by who/whom? [ ]Public Institution[ ]Private Developers [ ]Religious Institutions [ ]Politician [ ]Local Community [ ]NGO [ ]OtherIf Other, please specify ______

19 (b). If Yes, in 18(a)what action was taken?

20 (c) If Yes, in 18(a)what is the current status?

21. Is there any other support with regards securing school land titles that we can assist you with? (Please State)

The #ShuleYangu Campaign Alliance consists of nine conveners namely the National Land Commission, EACHrights, KAACR, ElimuYetu Coalition, Amnesty International, ANCEFA, Pawa Initiative, Society for International Development and Girl Child Network who have come together to protect schools against illegal land-grabs, support Government to issue titles and support communities to own their schools. The Alliance seeks to have 10,000 public schools issued with title deeds and 5,000 schools fenced across the 47 counties. ______

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REFERENCES

1 The Independent Policy Oversight Authority report http://ipoa.go.ke/images/press/PRESS-RELEASE-ON-LANGATA-INVESTIGATIONS.pdf and the Commission for the Administration of Justice report http://ombudsman.go.ke/index.php?option=com_docman&task=cat_view&gid=21&Itemid=238 narrate the unjust manner in which law enforcement responded to this attempt to protect public land and the rights of children. 2 United Nations Convention on the Rights of the Child, Constitution of Kenya particularly Chapter 3 Article 53, 5 and 6, The Children’s Act Article 7 and 17 provide a clear legal framework and policy norms for the Kenyan Government and 47 County Governments. 3 For an excellent overview of the challenge of urbanisation continentally see Mo Ibrahim Foundation 2015 Facts and Figures of African Urban Dynamics http://static.moibrahimfoundation.org/u/2015/11/19115202/2015-Facts-Figures-African-Urban-Dynamics.pdf pg21 4 UN- Habitat (2015) Country profile: Kenya http://www.habitat.org/sites/default/files/country_profile_kenya_dec2015.pdf 5 UN- Habitat (2008) 6http://www.aljazeera.com/indepth/features/2015/08/uganda-schools-disappearing-150806084304897.html 7http://dianeravitch.net/2015/10/18/the-facts-about-school-closings-they-are-land-grabs/ 8 County of Nairobi Education Taskforce Report, 2014 http://goo.gl/7q8fzX 9 Ministry of Education Science and Technology (2014) 2014 Basic Education Statistical booklet, Government of Kenya, Nairobi 10 Teachers from Kirinyaga and Marsabit counties did not participate in the survey 11Odima Otieno, National Land Commission, School Titling Report to stakeholders, October 2015. 12http://www.wssca.org/pdf/School%20Fencing-%20Benefits%20and%20Disadvantages.pdf 13http://www.the-star.co.ke/news/2016/01/08/looking-forward-to-2016s-grassroots-rights-groups_c1271597 14 While out of the scope of this brief, it is worth noting that many urban schools grapple with a number of challenges including proximity to rivers, forests, airports, railways, motorways or high-voltage power transmission lines; noise pollution and the presence of toxic and hazardous waste. Regulation of infrastructure and investment around schools is as desperately needed. 15Odima Otieno, National Land Commission, School Titling Report to stakeholders, October 2015. 16 Commission on the Administration of Justice “In the child’s best interest” July 2015 is otherwise an excellent report 17 The ShuleYangu guidelines for reporting land-grabs and applying for titles is one initiative www.shuleyangu.co.ke

Lavington Primary School Deputy Head Teacher, Margaret Kilonzo, with support from ShuleYangu erect a signboard signifying reclamation of the schools land.

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Photo Credit: Saturday Nation. Pupils of Naka Primary School in Nakuru demonstrate against the grabbing of 10 out of 12 acres of their school land.

Released on the first anniversary of the reclamation of the Lang’ata Road Primary School land, this brief is a must-read for anyone interested in education, public property rights, land governance, corruption and impunity.

2016 must be the year we take our public schools off the private market and declare they are not for sale. If you would like to discuss these issues further and/or join the campaign to keep our public schools public and safe.

To apply for a title-deed contact the Secretary of County Land Management Board at your county Lands Office. To report an instance of land grabbing contact Chairperson, National Land Commission, Tel: 020-2718050 | P.O. Box 444-00100, Nairobi, Kenya | Email: [email protected] | Website: www.nlc.or.ke To contact the #ShuleYangu Campaign Centre | Email: [email protected] | Mobile: +254705087070 |www.shuleyangu.co.ke

th One Year after Lang’ata: Why Public Schools in Kenya are Still at Risk. ShuleYangu Alliance Policy Brief, February 4 2016 Page 12