Court overturns its ruling on Nyeri Form One admission

By MURIMI MWANGI

Nyeri, Kenya: The High Court has temporarily lifted its earlier order suspending Form One admission in 10 top performing schools in Nyeri.

Justice James Wakiaga suspended the order he issued on Wednesday.

The ruling issued late yesterday paves way for the admission of 1,831 students whose enrolment to the 10 extra-county schools in Nyeri had been put on hold.

Wakiaga said his earlier ruling had affected the operations of the affected schools and may not be to the interest of public good. The Nyeri County government has sued education Cabinet Secretary Prof Jacob Kaimenyi and his Principal Secretary Belio Kipsang, over alleged flawed form one selection in the 10 schools. Yesterday, three lawyers representing the two education officials were entangled in a heated debate with lawyer Wahome Gikonyo representing the Nyeri government.

Lawyers Stellar Munyi, Jennifer Gitiri and Priscilar Gathagu argued at length with Mr Gikonyo, over the legitimacy of the suit, which had culminated in the order issued on Wednesday. At one point, during an adjournment, furious parents, who had jammed the courtroom got suckled into the argument. It took the intervention of the court orderlies to restore calm, which had nearly degenerated into a market place.

When the court resumed, Ms Gitiri told the court that the order had put the education of many innocent kids in jeopardy. She said at Chinga Boys, which was affected by the earlier order, parents and teachers had camped in the school a pursuant to the court order. “In the interest of justice it is not the ministry which is affected but the schools and students who have not even been enjoined in this case as interested parties,” said Ms Gitiri.

Ms Munyi challenged the jurisdiction of the court to handle the dispute saying the matter comprised a dispute between a national and county government. She termed the suit as “premature” arguing that the county government had not exhausted all avenues provided for by the constitution. But Mr Wahome rubbished the alleged inter-government conflict, saying that the county government was fighting on behalf of children whose fundamental right to education and fair treatment had been violated.

Justice Wakiaga set the ruling date for the entire suit on February 17, by which time the ministry should have released a list of where the students have been admitted and the schools they selected.