SOCIAL CHALLENGES FACING HEADS OF SCHOOLS IN THE PROCESS OF ENACTING THE CHILDREN’S ACT (2001)

Education has been identified as a tool for fostering the development of knowledge, skills, attitudes, values and ideals necessary for individuals to play a productive role in any society. The signing of the various global policy frameworks such as the 1998 United Nations convention on the rights of the child (CRC), the 1990 Jomtien world conference on EFA, the 2000 world education forum (Dakar, Senegal) and the 2000 Millennium Development goals (MDGs) demonstrated the commitment by governments to the well being of children. In regard to this, Kenya fully implemented FPE in 2001 and also partially free secondary education in 2008. However, there are social challenges facing the management of schools in the wake of the craze to achieve high mean scores which go against the rights of children as stipulated in the Children's Act (2001) and in turn affect retention and participation of the children in education. Overemphasis on the cognitive aspect of education, while overlooking the other potentials that a child has, leads to discriminatory acts that may hinder full participation of a child in education. This study therefore sought to identify the social challenges facing heads of schools in the enactment of the children's rights and also establish ways of dealing with the challenges identified. A case study methodology was used to achieve in-depth and detailed information. The study was carried out in Bungoma East District of Western Province where 10% of secondary schools were purposively sampled. The research tools employed included; questionnaires, interview schedules and focus group discussions (FGD) to collect information from students, Heads of departments (Guiding and counseling), Heads of schools and District quality assurance and standards officers (DQUASO). Data was analyzed both qualitatively and quantitatively. Descriptive analysis was used to report the results of the data. The study found out that Principals and DQUASO (District Quality Assurance and Standards Officer) were aware of the children's Act and policy on repeating but societal expectations and school policies made it impossible to implement the same. Of the teachers sampled, 72% were aware of the children's Act but upward job mobility influenced their position as regards acts of discrimination in education. Only a small percentage (13) of the children sampled were aware of their rights yet they did not understand that acts of humiliation as regards achieving of low grades in examinations were actually acts of discrimination that goes against their rights in education. The study too found out that there is no serious follow up by the government on the implementation of the policy on repeating and the enactment of the children's rights 2001. Parents seem to stand on the fence helplessly as their children go through acts of humiliation with regard to their grades in examinations. The study recommends the government to endeavor to implement to the fullest both the children's act, specifically in education and the policy on repeating in schools in order to seal the gaps that allow for discriminatory acts in the school system.