High Court temporarily suspends order on private schools closure

High Court judge Mumbi Ngugi in her ruling said there is nothing that has affected learning in private schools as claimed by the government. (Photo: File/Standard)

Nairobi, Kenya: The High Court has temporarily suspended order by the Government to close down private schools.

High Court judge Mumbi Ngugi gave the orders shielding children in private primary and secondary schools from disruptions for at least three days.

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

The Government opted to close down all schools starting September 21 following countrywide teachers work boycott.

But the private schools owners through their association Kenya Private Schools Association (KPSA) told the court that the war between teachers unions and Teachers Service Commission (TSC) over salaries had nothing to do with their institutions.

"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 any 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 stated.

Mr Muturi argued that the directive was placing the owners on a dilemma over school fees paid at the start of the 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 September 18, Ministry of Education, in a circular sent to newsrooms revised the term dates for learners in Standard 1-7 and Form 1-3 in secondary schools. It directed schools, which opened on August 31, to close on September 21.

Education Ministry in the circular signed by acting secretary Leah Rotich said other term dates would be communicated at a later date. The Government said the closure of schools was occasioned by very little or no teaching and learning in the last three weeks due to the teachers strike.