In a judgment delivered on November 9, 2026, Justice Stephen Mbungi ruled that the Constitution does not require the government to make indigenous languages compulsory languages of instruction in all schools.
The case was filed by education rights advocate Ernest Achesa Makhambala, who challenged the government's preference for English, arguing that the policy disadvantages children who struggle to understand the language, particularly those from rural communities.
Makhambala argued that using English as the main language of instruction creates unnecessary barriers for learners whose first language is an indigenous language. He maintained that children would understand lessons better if they were taught in languages they were familiar with.
He also accused the government and the Kenya Institute of Curriculum Development (KICD) of failing to give indigenous languages sufficient recognition in the education system.
The petitioner wanted the court to compel the Ministry of Education and KICD to develop separate curriculum designs for at least 30 indigenous languages and dialects within 365 days.
However, Justice Mbungi dismissed the arguments, explaining that although the Constitution encourages the promotion and development of indigenous languages, it does not make their use mandatory in every learning institution.
The judge pointed out that Article 7 of the Constitution recognises Kiswahili as the national language and both Kiswahili and English as official languages.
He further observed that Kenya's linguistic diversity makes it impractical to require every school to teach exclusively in the mother tongue of individual learners.
The court also found that the petitioner had failed to demonstrate how the government's language policy violated children's constitutional right to free and compulsory basic education.
Additionally, the judge clarified that the absence of approved textbooks in indigenous languages does not automatically mean that their use has been prohibited in early learning.
Following the decision, Makhambala expressed disappointment and indicated that he intends to challenge the ruling at the Court of Appeal after reviewing the full judgment.
He maintained that children should be taught in languages they understand while gradually developing proficiency in English and other languages.
The ruling leaves the existing language policy in place, although the constitutional responsibility to promote and protect Kenya's indigenous languages remains.
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