By Nsunjo Erica
Mr. Joseph Aura, a Kenyan citizen filed a petition in court on Tuesday seeking to compel the government to reopen schools for the third term by September 1, 2020.
Joseph Aura who is a parent to three school-going children, in his petition, he argued that President Uhuru Kenyatta’s order of closing institutions in his Address to the Nation on March 15, 2020, has no legal or constitutional basis.
“I verily believe that as a country governed by the Principle of Rule of Law, the President of the Republic of Kenya cannot step outside the scope of the law and make an extra-legal decision, such as has happened, implicating the right to education,” read court papers.
Mr. Aura also faulted the Ministry of Education for implementing the decision without consulting the National Education Board, respective County Education Boards, parents, or learners themselves as provided by Section 5(2)(d) of the Basic Education Act.
The petitioner Mr. Joseph Aura added that it is illegal to keep schools closed, therefore he asks the court to question the Ministry of Education for enforcing the orders without consulting other stakeholders including learners.
The petitioner further asked the court to compel Education Cabinet Secretary Goerge Magoha to stop the implementation of the community teaching program.
In his ruling, Justice James Makau who presided over the matter temporarily halted implementation of the newly initiated project pending hearing and determination of the case.
CS Prof George Magoha On Reopening Of Schools
Education Cabinet Secretary Prof George Magoha said that Schools may reopen earlier than January 2021.
Speaking on Tuesday, CS Magoha said that the government is ready and willing to change school reopening dates anytime depending on the behavior of the Covid-19 pandemic.
Due to the declining cases of covid-19 as reported in the country for the past week, CS George Magoha has now hinted that school reopening dates might just be pushed closer than initially projected