HIGH COURT MAKES RULING ON THE REOPENING OF SCHOOLS

High court judge has said that President Uhuru Kenyatta did not issue an executive order while calling for closure of schools.

The judge further noted that the embattled CS Prof George Magoha did not have powers to give dates on resumption of schools.

The judge was making a ruling filed by parents before the resumption of physical learning in Kenyan schools.

The judge ordered that all schools to be opened in 60 days and further banned the community based learning that was introduced by the government.

The High Court said that the president did not have power under the Basic Education Act to order the open-ended closure of schools earlier this year.

Under the same act, Judge Makau said that Prof George Magoha also did not have powers to call closure or opening of schools.

“By decreeing that no person will attend educational institutions across Kenya from March 16, 2020, to January 2021 without any legally or scientifically justifiable basis, the Education CS violated the Constitution,” Makau claimed.

“For Education CS to now direct that these Children are to repeat their final class in the year 2021 on dubious and unsound bases is categorically unconstitutional and violation of section 7 of the Children Act,” he argued.

According to the judge, CS Magoha before making any decision was supposed to consult National Education Board and respective County Education Boards.

The judgement was made following a suit filed by a parent, Joseph Enock Aura, before Grade Four, Standard Eight and Form Four students resumed in-person learning in October 2020.