Court to rule on school reopening in November


High Court will deliver its judgment on a petition challenging the government to fully reopen schools in Kenya on 19th November.

This is after the Attorney General failed to file any current documents on the Covid-19 allegations incensed the petitioner, who submitted to the Court that the Cabinet Secretary for Health was so prominent in giving Press and Mass Media Statements about Covid-19 outside the Court process, but was totally averse to filing anything under oath to back up his claims which the Court court cite or rely on.

The matter had been adjourned several times since August 2020, waiting for the evidence by the Health CS about the spread, testing, and fatalities of Covid-19 among school enrolled children, without success.

The Court had granted the AG”s Counsel in the case Momanyi Moimbo repeated requests for adjournment to enable him file such evidence, but he failed to do so and instead chose to submit an affidavit by CS Mutahi Kagwe offered in another Constitutional Petition and unrelated to the case on reopening of schools.

The petitioner pointed out that the Cabinet Secretary for Health had not cited a single Medical Doctor’s evidence in Kenya to support the Covid-19 allegations he was making to the public about the spread and fatalities of infected persons and that his remarks were loaded with scaremongering statistics rather than hard evidence.

The petitioner stated that Tanzania’s school going children were a living example that Kenya’s children are being subjected to an irrational situation by the State, while denying them their right to Education.

Maimbo responded that Kenyans were at risk of a second wave of Covid-19 to which he was challenged to offer evidence, by verifiable data that could assist the Court.

Justice Makau stated that he could not adjourn the case further being such a case of great public importance and directed that judgement on the matter will be delivered on 19th November 2020.