Tunza Mtoto Coalition demands full disclosure of ghost student audit findings

A lobby group has formally written to the Ministry of Education demanding the release of the full findings of a verification exercise that identified tens of thousands of ghost students in public schools.

Through its legal representatives, Ashioya Mogire and Nkatha Advocates, Tunza Mtoto Coalition wants the ministry to disclose the names of implicated schools, the extent of enrolment discrepancies, and the actions taken against officials involved.

The exercise, which began in early September 2025, followed a special audit by the Office of the Auditor General, which exposed massive fraud in the sector. The audit revealed that 33 nonexistent schools had received billions of shillings in the past four years.

By the end of October, the Ministry said it had uncovered approximately 50,000 ghost students in a sample of 12,000 schools.

Tunza Mtoto Coalition said Education Cabinet Secretary Julius Ogamba and Basic Education Principal Secretary Julius Bitok must comply with legal and constitutional obligations to ensure transparency and accountability.

“Our client’s attention has been drawn to statements made by Dr Bitok, and with the recent release of capitation funds, it is our view that the verification exercise has concluded. Accordingly, the Ministry of Education bears a legal and constitutional obligation of transparency and accountability to make public the full findings of the verification exercise, pursuant to Article 35(1)(a) & (b) of the Constitution (Right of access to information), Article 10(2)(c) on national values and principles of governance, including transparency, accountability and good governance; and Sections 4 and 5 of the Access to Information Act, No. 31 of 2016,” reads the letter dated October 28, 2025.

The letter highlights that the disclosure points to “serious irregularities suggestive of fraud, corruption and potential loss of public funds”, contrary to public finance management principles under Article 201 of the Constitution, the Public Finance Management Act, the Penal Code, and the Anti-Corruption and Economic Crimes Act.

Tunza Mtoto Coalition is demanding that within seven days, the Ministry publish the complete verification report on ghost students, disclose the names of implicated schools and the magnitude of enrolment discrepancies identified.

The Ministry has also been asked to provide a comprehensive statement on administrative, disciplinary, or criminal actions taken against any school heads, Ministry officials, or other individuals found complicit in the fraudulent scheme.

It should also outline concrete measures instituted to prevent a recurrence of such fraudulent practices in the management of capitation funds.

The letter also warns that failure to comply will prompt legal action, including filing a constitutional petition under Article 35 and the Access to Information Act to compel disclosure, and seeking orders for accountability, recovery, and restitution of any misappropriated public funds.

“Take notice that should you fail, neglect, or refuse to comply with this lawful demand within the stipulated period, we shall, upon our client’s instructions, institute appropriate legal proceedings, including but not limited to filing a Constitutional Petition under Article 35 and the Access to Information Act to compel disclosure and seeking orders for accountability, recovery and restitution of any misappropriated public funds in the public interest,” reads the report.

The communication has also been copied to the chairperson National Assembly Committee on Education, the Auditor General, the Ethics and Anti-Corruption Commission (EACC), and the Controller of Budget.

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