By Staff Reporter
The Court has stopped the Ministry of Education from implementing community-based learning programme.
Justice James Makau issued out a temporary order in favour of a petition filed by Mr Joseph Aura, parent through his lawyer baring the Ministry of Education from executing the programme pending the hearing and determination of the case.
In the petition, Mr Aura argued that Uhuru Kenyatta’s rush to closing learning institutions in his address to the nation on 15 March 2020 lacked legal basis.
According to him, the directive is questionable as it was neither published in the Kenya Gazette nor presented before the National Assembly for approval.
Additionally, Aura accused the Ministry of Education for implementing the decision without deliberating with the National Education Board, respective County Education Boards, parents or learners themselves as provided by Section 5(2) (d) of the Basic Education Act.
Mr Aura further wants the court to declare that the government’s decision of converting 431 learning institutions into the Covid-19 quarantine facilities was in violation of the Public Health Act.
His petition also appeals to the government to compensate private schools for the losses they incurred due to the closure.
The father of three filed the petition on behalf of his children and other voiceless children in the country.
However, the petitioner wants the government to re-open recreation areas for children in the country.
The case will be mentioned on September 9th 2020.
