Students in private schools will continue learning until October 14 this year when the case seeking to quash the Ministry of Education's directive on closure of schools will be heard.
High Court Judge Mumbi Ngugi extended the orders to allow the Ministry of Education and the Attorney General Githu Muigai to justify why private schools had to be closed though teachers in those institutions are not participating in the ongoing strike.
Schools ought to close on November 13, meaning that students will have sat for exams early in November to allow marking and ranking.
Then the case will be heard two weeks to the examination period thus students in private schools will have already completed the third term's syllabus.
The Government opted to close all schools starting last Monday but owners of private schools through the Kenya Private Schools Association (KPSA) told the court that the war between teachers' unions and the Teachers Service Commission (TSC) had nothing to do with them.
"Learning in private schools was going on smoothly until a circular was issued on Friday last week. Private schools teachers have no issue with their employers and the children have no reason to be away from their classes.
The decision is illegal and against the rights of the private school owners and that of the children," lawyer Muturi Kamande, for KPSA, said.
Mr Kamande argued that the directive was placing the owners in a dilemma over school fees paid at the start of third term. He said that there was a binding agreement between parents and the schools to have children in school until November 13.
Little teaching
On Friday, the Ministry of Education, in a circular sent to newsrooms, revised the term dates for learners in Standard 1-7 and Form 1-3 in primary and secondary schools. The schools, which opened on August 31, were to close on September 21.
The ministry, in the circular signed by acting Secretary Leah Rotich, said other term dates would be communicated later. The Government said the closure of schools was occasioned by very little or no teaching going on in schools for the last three weeks.
The circular affects all private and public primary and secondary schools, teacher training colleges and technical training institutes.
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