Parent wants court to order Education CS to re-open schools in September

Milimani Law Courts

High Court has issued an order restraining the Cabinet Secretary, ministry of education or its agents together with the Teachers Service Commission from further executing the Community-based learning project across Kenya as declared by the CS in July, 2020.

The constitutional and Human rights division deputy registrar also certified the matter urgent and admitted it hearing during the current High court vacation.

“An order of injunction be issued restraining the education CS by himself, his assistants and partners, agents, servants, or otherwise howsoever, together  with the Teachers Service Commission from undertaking, or further executing the “community-based  learning” project in schools and learning institutions across Kenya as announced by the ministry of education on  3rd July , 2020,” the court ruled. 

This is after a parent 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. 

Joseph Aura wants the CS prohibited from taking any further action adverse to the best interests and welfare of Kenya’s school-enrolled children and learners.

Through his lawyer Harisson Kinyanjui, he the CS compelled not later than within 3 days of the making of this Order direct the reopening of all play areas and recreational centers for all children across Kenya, and in particular school-enrolled children.

He wants the court to quash the CS decision made in July purporting to declare and execute “community-based  learning” programs in schools, learning institutions, Churches and places of worship across Kenya, for lack of public participation, and being against the constitution.

In addition, he wants the court to direct that the government to compensates all Private Primary and Secondary Schools in Kenya as shall submit to the 1st Respondent  their losses and quantifiable damages  within 30 days of the making of this order for the losses incurred by them from 20th March, 2020 to the date of the reopening of such schools.

The Petitioner also wants an order issued restraining the National Council for Children Services from submitting to the ministry of education or any entity connected with the administration of Education in the country any memoranda,  resolution, or decision purporting it to be representative  of the nationwide  membership of Parents and guardians of school enrolled children and learners in Kenya, absent such consultative participation of Parents and guardians of school-enrolled children and learners across Kenya duly signified vide the respective Parents’ Associations envisaged under the Third Schedule of the Basic Education Act, as read with Section 55 of the said Act.

Aura is further seeking an order prohibiting education and health ministry from closing any Schools in the country on the bases of public health concerns stated as “Covid-19”, absent a strict adherence with the applicable statutory  procedures, compliance with relevant and applicable statutory  regimes, and Constitutional imperatives set out in the Constitution of Kenya.

He wants the two ministries  or anyone acting on their behalf or direction be restrained from demanding, directing, or administering a mandatory  mass or individual “Covid-19” vaccine on school-enrolled children across Kenya’s public and private schools as a precondition to any further or continued enrollment in such public or private schools.

He wants the children compensated  by way of damages for the psychological suffering inflicted on them, on account of the government directives to close of in-person learning since 1st March in breach of their rights against such psychological torture as enshrined in the Constitution of Kenya and international legal instruments  that Kenya has ratified in furtherance  of the right to education of the said children and Kenya’s school-enrolled children in general.

He wants the court to declare that the open-ended closure of Kenya’s schools and learning institutions  by means of an address to the Nation made in March by the President Uhuru Kenyatta was null and void and it violated children rights.