Report schools that force parents to buy uniform from specific suppliers-CAK

The other day a student under my guardianship was chased from school due to unpaid shool uniform fee. The boy, a form three student at Ol Kejuado Boys High School was supposed to pay around Ksh5400 for a new set of uniform.

Apparently in this school boys proceeding to form three must buy new uniform despite the stae of their old uniform. Fine. That is not my concern. My inner eye was attracted by the fact that there was no option for the parents/guardians/students to buy the uniform from preferred suppliers. The rule is and has been: the school buys the uniform from own selected suppliers on the students’ behalf.
See Kenya’s Public Procurement Manual for schools and colleges

In my thinking, this policy is subject to abuse and most likely the school principals and administrators could be minting millions of shillings through kickbacks and commissions from suppliers.

My worries were on Wednesday February 3, 2016 answered by a public notice in the Daily Nation, page 57, by the Competition Authority of Kenya (CAK) Director General Wang’ombe Kariuki.

In the notice, CAK warns schools against forcing parents or students to purchase uniform from specific suppliers as this practice contravenes section 21 (3) (b) of the Competition ACT, No. 12 of 2010 of the laws of Kenya.

“It has come to the notice of the CAK that some schools, both public and private are recommending outlets from which their school uniforms can be purchased in their admission letters and school joining instructions, without any explicit benefits to the parents (consumers),” reads the notice in part.

See sections of the ACT below

(1) Agreements between undertakings, decisions by associations of undertakings, decisions by undertakings or concerted practices by undertakings which have as their object or effect the prevention, distortion or lessening of competition in trade in any goods or services in Kenya, or a part of Kenya, are prohibited, unless they are exempt in accordance with the provisions of Section C of this Part.

(2)

Agreements, decisions and concerted practices contemplated in subsection (1), include agreements concluded between

(a)

parties in a horizontal relationship, being undertakings trading in competition; or

(b)

parties in a vertical relationship, being an undertaking and its suppliers or customers or both.

Any person who contravenes the provisions of this section commits an offence and shall be liable on conviction to imprisonment for a term not exceeding five years or to a fine not exceeding ten million shillings or to both.
Apparently the problem of school uniforms is not unique to Kenya.

In October 15, 2015, United Kingdom’s Competition and Market Authority advised schools against similar trend being witnessed in Kenya

“Schools should make sure that there is competition for the supply of school uniforms to parents. Suppliers and retailers should make sure arrangements with schools do not breach competition law.

The open letter explains that some parents in England have been forced to pay more money where schools appoint exclusive uniform suppliers. It sets out the Competition and Markets Authority’s (CMA) concerns in this area.

I hope parents will assert their authority and refuse to be manipulated by the cartels that are taking over our schools. Time is up.</span