Former members of a primary school Board of Management in Tigania Central sub-county have been barred by a Meru high court from interfering with the school and its property.
The court arrived at the decision after the 18 former board members were sued for questionable bank transactions and using violence to block the new board from assuming office.
The suit is filed by the Attorney General on behalf of the current Kirimancuma Primary School Board of Management.
As per the court documents, the 18 defendants include Joseph Ngulu, Lawrence Kobia, Gerald Kubai, John Muturia, Charles Kiburi, Lucy Nkoyai, Justus Kariti, Ambrose Kithia and Zakayo Baariu.
Others are Grace Ngulu, Christine Kinyua, John Mutua, Peris Mbaya, Pauline Kendi, Faith Makena, Nicholas Kaumbutu, Duncan Kiliunga and George Kimathi.
The AG later withdrew the suit against three defendants; Pauline Kendi, Duncan Kiliunga and George Kimathi.
The 18 are accused of illegally borrowing a loan of Sh270, 000 from Dhabiti Sacco, as well as withdrawing money from the school accounts according to an affidavit by Tigania Central director of education Oliver Kanyi.
In the matter filed on a certificate of urgency on February 28, 2023, Justice Edward Muriithi established that five of the respondents withdrew funds from the school account on varied dates between February 17 and February 22, 2022.
A section of the respondents is also accused of misrepresenting minutes and documents of the school board and using them to access funds.
In her affidavit, the school head teacher Purity Kaugiria said the former board of management members never handed over to the new team.
”… the 1st, 4th, 5th, 8th, 12th, 17th and 18th respondents who are signatories to the school account at Dhabiti Sacco have been withdrawing tea proceeds and even took a loan from the said account in their personal capacities.
“The 6th, 14th and 16th respondents were illegally harvesting tea leaves from the school farm without the authority of the school management,” she states.
The Attorney General sought orders to restrain the use of tea sale proceeds, bar the defendants from interfering with the school and have the former board members hand over school records and documents.
The AG also urged the court to order the defendants to refund all the money, in the form of a loan, withdrawn from the school account.
In his ruling, Justice Muriithi issued an order restraining the defendants from interfering with the school management and property, blocking the current board from working until the matter is determined.
“…the action sought to be restrained therein may only be done by the valid signatories of the school account, a matter squarely within the control of the plaintiff through the present school board of management by change of signatories,” Justice Muriithi ruled.
The judge, however, said the orders do not bar defendants who are parents from entering the school compound.
“…the plaintiff is at liberty to change signatories for the school accounts to correspond with the present membership or constitution of the Board,” the Judge advised.
Justice Muriithi said the hearing of the plaintiff would be prioritised in the interest of children at the school.
By John Majau
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