Court stops control of Oshwal school

By Isaiah Lucheli

 The high court has restrained the Shree Visa Oshwal community from closing and interfering with the management of Shree Visa Oshwal Primary School.

High Court Judge Eric Ogola granted Makadara MP Gideon Mbuvi the prayer after he moved to court under certificate of urgency seeking to be enjoined in the suit as an interested party.

In the suit, three officials of Oshwal community sued the head teacher, the Parents Teachers Association, (PTA) and the Director of City Education over the ownership of the institution.

Trust property

Mbuvi also prayed to the court to prohibit the Oshwal community from alienating, transferring or in any other way interfering with the management of the trust property, parcel of land, title number L R NO 209/5996 from control of the defendants.

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The legislator told the court the school was in his constituency and majority of his constituents have their children there.

Mbuvi said the Oshwal community had obtained orders barring continued running of the trust property as a public school to the detriment of the children majority of who began their learning at the institution with the aid of government funds.

Adverse action

“It is only fair that the Oshwal community are restrained from taking any adverse action that will be detrimental to the smooth running of the school and has been since its inception pending the hearing and final determination of the suit,” said Mbuvi. He added the children would suffer irreparable loss not compensable by any award of damages if the community was not restrained from closing or interfering with the management of the trust property.

Director of City Education David Okech in a signed affidavit said the institution was a public institution and his office had always constituted the school committee pursuant to school committee regulations legal notice number 190 of 1978.

The director added the parents through the PTA who have been paying in excess of Sh25 million annually towards running the institution, had done subsequent developments in the institution.

The court directed that the Oshwal community files replies within 14 days. The case would heard on February 13.