Court suspends ministry’s merger of ECDE and primary teacher training

The orders followed a petition filed by the Kenya Union of Pre-Primary Education Teachers (Kuppet).

The High Court has temporarily suspended a Ministry of Education circular that sought to abolish diploma training for Early Childhood Development and Education (ECDE) teachers and merge it with primary teacher diploma training.

The move hands a legal setback to reforms that have also drawn resistance from senators and county governments.

In a conservatory order issued on February 9, 2026, Justice Lawrence Mugambi stopped the implementation of the circular issued by Basic Education Principal Secretary Julius Bitok on January 19, 2026, pending further directions from the court.

“An interim conservatory order temporarily suspending the Ministry of Education circular REF: QAS/ECDE/7/1B/2/193, dated 19th January 2026, is hereby issued. This order shall remain valid until the next mention date or until further orders of this court, whichever comes first,” Justice Mugambi ruled.

The orders followed a petition filed by the Kenya Union of Pre-Primary Education Teachers (Kuppet).

In its fillings, the union said the circular abolishes the Diploma in ECDE upgrade programme for certificate-holding teachers and moves to merge ECDE and primary teacher training into what it terms a generalised teaching profession.

The union told court that the policy is unconstitutional and harmful to ECDE teachers and trainees as it would eliminate specialisation in ECDE, whereas early childhood education requires specialised training to meet the needs of pre-primary learners.

Kuppet holds that ECDE is a specialised, play-based, care-oriented field requiring distinct training and preparation.

It argues that merging it with primary education would dilute professional standards, disrupt the Competency Based Education (CBE) and negatively affect learners at the foundational level.

It further argues that ECDE teacher trainees who were in the process of upgrading their qualifications to diploma level have already be adversely affected by the abrupt change as they had already paid fees at various colleges.

According to Kuppet, the merger would create disparities over employment and governance structures since ECDE teachers are currently managed by county governments while primary school teachers fall under the national government.

The union further argued that the decision was not formally communicated to affected teachers and trainees, many of whom learned about it through social media.

The union named the Cabinet Secretary for Education, the Teachers Service Commission (TSC), the Kenya Institute of Curriculum Development (KICD) and the Attorney General as respondents.

The Education Stakeholders Association of Kenya is listed as an interested party.

In an affidavit sworn by secretary general Samuel Opiyo, Kuppet contends that the ministry acted without public participation and outside its constitutional mandate.

It said hiring of teachers is a preserve of the TSC and accused the Cabinet Secretary for Education and the ministry of overstepping their mandate, saying it's the Teachers Service Commission's mandate to review standards for education and entry into teaching profession.

The judge directed that the suspension of the circular remain in force until the next mention date or further orders, and ordered that the petition and application be served within three days, with respondents given a similar period to respond.

The matter will be mentioned on March 3, 2026, for brief oral pleadings and further directions.

The suspended directive forms part of broader reforms aligned with the Competency-Based Education system.

Under the changes, the ministry introduced the Diploma in Teacher Education Pre-Primary and Primary, merging early childhood and primary teacher preparation into a single qualification.

The standalone Diploma in Early Childhood Teacher Education was discontinued through a gazette notice after being merged with the Diploma in Primary Teacher Education.

The immediate effect is that the minimum entry requirement for all teacher education programmes, including early years, is now a mean grade of C (plain), replacing earlier pathways that admitted some ECDE trainees with grades of D+ and below.

Even before the court action, the reforms had come under scrutiny in the Senate.

During a session at Bunge Towers last week, the Senate Standing Committee on Education summoned education professionals and the Council of Governors to explain the implications of the directive, with lawmakers questioning whether the ministry overstepped its mandate on a function constitutionally assigned to counties.

Education Committee chairperson Betty Montet said the issue goes beyond administrative changes and touches on constitutional safeguards around devolution and public participation.

Catherine Mumma said the matter raises constitutional concerns and should not be treated as a routine bureaucratic adjustment, stressing that counties must be involved before any policy shift affecting ECDE is implemented.

Machakos senator Kavindu Muthama warned that the abrupt rollout has thrown students and colleges into uncertainty, particularly those already admitted under the old guidelines.

Seki Lenku Ole Kanar said early childhood education is a specialised, play-based and care-oriented discipline that requires distinct training approaches, cautioning that merging it with primary education risks diluting professional standards and weakening the foundation of the CBE curriculum.

Laikipia senator John Kinyua urged the committee to assess the impact on workforce planning and service delivery, noting that counties could face staffing gaps and financial strain.

Representing the Council of Governors, Kericho governor Eric Kipkoech Mutai told senators that counties were not consulted before the circular was issued, despite ECDE being their responsibility, warning that the reforms could reverse gains made in expanding access to early learning.

Universities and teacher training institutions also told the committee that early childhood education demands specialised preparation and clear academic and professional pathways, which the merger threatens to blur.

With the matter now before the courts and under parliamentary review, the Senate committee said it will compile stakeholder views and formally engage the Ministry of Education, with several members indicating suspension of the circular pending broader consultations.