Editor's Review

Kaga warned that politicians could seek to use schools as publicity platforms ahead of the campaign period, urging school administrators to handle donations without involving learners.

By Ongaga Ongaga

The Ministry of Education has warned schools in Nyamira County against allowing politicians and other well-wishers to “disrupt” learning programmes by taking photographs and videos with pupils for publicity.

In a circular dated October 5, 2026, County Director of Education (CDE) Joshua Kaga directed principals and head teachers of public senior and comprehensive schools to stop the practice, particularly as the country heads towards the campaign season.

“Lately we have witnessed cases where well-wishers visit our schools and are allowed to disrupt the school programmes and take photos and videos with pupils/students just because they have made a small donation to the school,” Kaga said.

He said such images were subsequently used for “cheap publicity and advertisement across social media platforms”, describing the practice as unlawful.

“This practice is unlawful and should not be allowed to happen in any school,” the notice states.

Kaga warned that politicians could seek to use schools as publicity platforms ahead of the campaign period, urging school administrators to handle donations without involving learners.

“We’re heading towards a campaign season, and politicians may wish to use schools for their selfish interest,” he said.

“Donations from such leaders should be handled administratively without involving the pupils or disrupting the school programme,” the notice adds.

The directive comes against the backdrop of legal protections governing the collection and publication of children’s images and personal information in Kenya.

Under the Data Protection Act, 2019, photographs may constitute personal data where an individual can be identified.

The Office of the Data Protection Commissioner (ODPC) has also issued guidance on the processing of children’s data.

The Children Act, 2022 states that a child has the right “not to be subjected to arbitrary or unlawful interference with his or her privacy, family or private affairs, correspondence, honour and reputation”.

Kenyan courts have also emphasised the importance of protecting children’s privacy.

In a case involving the publication of children’s names and photographs, the Supreme Court held that their privacy rights had been violated and reiterated that the best interests of the child must remain paramount.

While the Data Protection Act provides exemptions in certain circumstances for journalism and matters of public interest, such provisions do not amount to a blanket permission to publish identifiable images of children.

Kaga’s directive has placed the responsibility on school administrators to ensure donations do not become an avenue for exposing pupils to unauthorised publicity.

The circular was copied to the Ministry of Education Director General, Regional Director of Education for Nyanza, Sub-County Directors of Education in Nyamira and the County Director of the Teachers Service Commission.

Kaga urged school administrators to “take caution” and abide by the rules and regulations governing the education sector.