Court Gives Gov’t Five Days to Respond to School Feeding Petition

The Constitutional Court has given the Government five days to explain its failure to provide meals to children in public schools, especially those under the Universal Primary Education (UPE) and Universal Secondary Education (USE) programs.    

The ultimatum arose from a 2023 petition by the Centre for Food and Adequate Living Rights (CEFROHT), over what it termed as government neglect of vulnerable schoolchildren. The petition seeks to compel the state to fulfil its constitutional duty to its citizens by introducing and enforcing a national school feeding policy for the most at-risk learners.     

A panel of judges, led by the Deputy Chief Justice Flavian Zeija, allowed the government to file its responses within five days. If it fails to do so, judgment will be delivered based solely on the submissions made by the petitioners.  

David Kabanda, the Executive Director of CEFROHT, said the case targets a critical gap in Uganda’s education and public welfare system. “We filed this case for the 66% of Uganda’s schoolchildren who spend an entire day in school without food,” Kabanda said. “Some of these children are developing ulcers, others suffer from chronic health issues such as diabetes and heart disease due to poor or no nutrition. Many are orphans or come from families that cannot afford a single meal a day.”    

He says “We are not demanding that the government feed every child in Uganda, but we are calling on the government to step in for the poorest households for the orphans, the vulnerable, and children from families living in absolute poverty. Education is a right, and it cannot be fully realised on an empty stomach.”    

The petition draws attention to government data indicating that two-thirds of children in Uganda’s public schools do not eat during the school day. CEFROHT argues that this situation directly undermines learning outcomes and contributes to school dropout rates, street children, and long-term poverty cycles.    

"UPE itself was a recognition that many families cannot afford school,” he said. “But what about feeding these same children when they get to school? What about the orphaned child with no parent to pack lunch? These are the children being forgotten,” Kabanda asserted.    

Joan Kembabazi, the head of social justice and strategic litigation at CEFROHT, said the petition is not meant to be antagonistic but is part of broader civic efforts to promote equitable public policy. “This is not adversarial litigation,” she said. “We don’t go to court because we are anti-government. We use legal tools to ensure that government policies reflect social justice and uphold constitutional rights, especially for vulnerable populations.”    

She noted that since filing the case in 2023, CEFROHT has faced delays due to the government’s lack of participation. While an initial response was submitted in the form of an affidavit, the state missed three scheduled court conferences, prompting the civil society group to request that proceedings move forward without further government input. 

The court has now allowed the state one last opportunity to respond before ruling. “This issue cannot wait,” she said. “Children are going hungry now. Every day of inaction worsens inequality and denies children their right to learn in dignity.”      

The current education policy, outlined in the School Feeding Guidelines for UPE and USE, delegates feeding responsibilities entirely to parents. However, critics argue that this forgets social realities and ignores the growing number of children in child-headed households, orphans, and families earning below the poverty line.    

The petitioners emphasised that even a basic, government-supported school meal program for the most disadvantaged would go a long way in achieving educational and health equity. “We have children who live in rental slums, whose families do not have a garden or stable income,” he said. “Expecting these parents to feed children daily while the government steps back is to punish children for being born poor.”