Education has both instrumentalist and utilitarian value, which is why the world has committed to ensuring that every child gets a chance to receive quality education. Article 26 of the 1948 United Nations Universal Declaration of Human Rights proclaims the right of all persons to education. The Convention on the Rights of the Child (CRC) places the obligation of guaranteeing this right on the state. Kenya is signatory to these protocols. Articles 43 (1) (f) and 53 (1) (b), of Kenya’s Constitution place the obligation of providing education as a human right on the state. While Clause 4 (b) of the Basic Education Act underscores the right of the youth to “equitable access to basic education … and equal access to education or institutions.” This fits in well with the fact that the core value of education is ‘public good’ in nature as aptly reflected in the country’s 7 out of 8 goals of education. Therefore its equitable access is of paramount importance.