Education and Health cabinet Secretaries have opposed the petition filed by a parent seeking the court to compel them to reopen schools in September.
Through their lawyer, the ministries claim that the application lacks merit and should be dismissed.
This is after a parent, Joseph Enock Aura moved to court seeking to compel the education CS George Magoha to direct the reopening of in-person learning institutions and schools in Kenya, commencing 1st September, being the immediate next Academic Term for schools across the country.
Aura wants the CS prohibited from taking any further action adverse to the best interests and welfare of Kenya’s school-enrolled children and learner
Lawyer Moimbo Momanyi says that the petitioner has no arguable prima facie case with a
probability of succeeding.
“He has not demonstrated that if the interim conservatory orders are not granted, the petitioner will suffer irreparable damages that cannot be compensated by an award of damages and the grant of the orders sought militates against public interest,” says Momanyi.
The lawyer claims that the respondents have come up with “Guidelines on Health and Safety Protocols for Reopening of Basic Education Institutions” Amid Covid 19’ in July 2020 which is an indication that they are working conscientiously to ensure that schools reopen to safer classrooms and learning environment.
“Reopening of schools is not an event. It requires erudite planning, resources and the development of protocols to protect the lives and health of the students and their minders, parents, guardians and the entire community where they are located,” the ministries note.
