Eight sue to stop schools reopening and TV lessons

Eight people have filed a petition at the High Court in Kisii against the intended reopening of schools before Unesco guidelines are met.

The petition also challenges alleged selective virtual learning programme by the Kenya Institute of Curriculum Development (KICD) through a media extension service broadcast to schools, disadvantaging pupils and students who lack access to electricity, electronic devices, television sets, radio and mobile network signal in their areas.

Broadcast classes

Michael Otieno, Evance Gor, Mary Akach, Irine Ojwang, Robert Oluoch, Walter Opiyo, Millicent Adhiambo and Evans Odhiambo have sued the Cabinet Secretary for Education, KICD and the Attorney General.

The eight are asking the court to grant an order to stop the KICD broadcast lessons.

Justice Anthony Ndung’u certified the petition as urgent and ordered the petitioners to serve the respondents. “That the petition be served to all respondents within seven days with any party that does not appear in court notified that an order will be made and proceedings taken as the court may think as just and expedient,” Ndung’u ruled.

The petitioners appealed to the court that pending the hearing and determination of the application, the Education Cabinet Secretary, the Ministry of Education and the KICD or their agents be issued with a temporary order prohibiting them from broadcasting any learning programmes. They also asked the court to issue temporary orders prohibiting opening schools until all schools are pandemic compliant.

Poor students

The petitioners said the matter was urgent and argued that poor students and pupils who lack access to electricity, have been affected by floods and those that need special needs, use braille and require help from an assistant have been disadvantaged.

In their affidavit, the petitioners accused the Education CS and KICD of failing to involve parents and teachers in developing the timetable for lessons.

“Unless this application is urgently heard and determined, the applicants and children of the Republic of Kenya will suffer a great loss as the constitution and the rule of law will continue to be violated,” they said.