Court hands Makini Schools reprieve in row with PTA chairman

Makini Schools has won a temporal reprieve in court in its long-running row with former chairman of the school’s Parents Teachers Association (PTA) Nixon Bugo. 

In a recent ruling, Milimani Principal Magistrate Sammy Opande denied Mr Bugo’s request to enjoin the institution’s parents and teacher’s association in his dispute with its management. 

“I find the requested rejoinder of Maniki Schools Parents Teachers Association as is, as an interested party, must be denied on the basis that the proposed Interested Party is not capable of suing or be sued,” noted the ruling in part. 

In August last year, Makini School filed an objection after Bugo attempted to enjoin the school’s PTA as interested parties in a lawsuit by the management that accuses him of defamation.    

“To uphold the sanctity of court orders, an interested party should be a party who has legal capacity i.e can sue and be sued, to enable the enforcement of such orders,” stated the order in part. 

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Last month, the high-end group of schools, which was acquired by South African firm ADvTech in 2018, issued a notice announcing the termination of Bugo in the wake of the legal proceedings. Makini School’s management accuses him of uttering defamatory statements during a meeting of more than 100 parents of the institution and seeking to benefit himself financially from his position. 

“After years of restraint and attempts to resolve this matter diplomatically, Makini Schools terminated its agreement with Nixon Bugo as a parent at the school and initiated legal proceedings for defamation to seek justice and restore any reputational damage suffered as a result of his action,” stated the notice by the school last month.

Makini School further accuses Bugo of unlawfully extending his tenure as PTA chairperson, splitting the PTA and disrupting school operations. 

“We believe that the shift from a family-run business to a corporate-run institution with significant capital expenditure plans is the reason for his antagonistic attempts to gain control of the school’s operations,”  stated the institution.  In 2018 ADvTech acquired a 71 per cent stake in Makini Schools and increased this shareholding to 90 per cent in 2020.