High Court temporarily suspends ministry directive to close down private schools

The High Court has temporarily suspended a Government directive to close down private schools.

High Court Judge Mumbi Ngugi cancelled the circular ordering the closure of private primary and secondary schools for at least three days.

"Having looked at the application and the affidavit of the applicant, I am satisfied that it is in the interests of justice that I grant temporary orders cancelling the circular dated September 15, 2015," Justice Ngugi ruled.

The Government opted to close down all schools starting yesterday. Officials explained the term-dates had been reviewed.

But owners of private schools through the Kenya Private Schools Association (Kepsa) 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 last week Friday. 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 Kepsa stated.

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.

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, will now close on September 21.

The Education 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 and learning in the last three weeks.

The circular affects all private and public primary and secondary schools, teacher training colleges and technical training institutes.

Kepsa on the other hand disputed the claim saying that learning in their schools was ongoing.

"On August 31, over 9000 private schools received two million children for the third term. At the same time, the schools received fees for that duration.

"Students are with teachers in class and there is no tension or chaos that has been experienced contrary to what the respondent claims," Justice Ngugi heard.

The lawyer argued that the circular had shortened the term by 53 days contrary to the circular issued last year. The association ruled out the possibility of parents getting their money back for the days students will be out of class.

"The petitioner avers that the rights of the pupils in its member schools will be further violated by the fact that irrespective of the said early closure of the schools, their teachers will be paid their contracted salaries for the full period while parents lose by not getting a refund," Kamande argued.

The association was ordered to serve the ministry with the court papers through the local dailies and appear before the same court for hearing on Thursday this week.