BY SAM ALFAN.
Parents have written to the Ministry of Health demanding immediate unconditional reopening of schools and learning institutions.
In a letter seen by NairobiTimez, Aura Enock on behalf of parents said the ministry of education under CS Prof George Magoha unconstitutionally and unlawfully purported to close down education institutions without considering the consequences inflicted on the helpless school children and other learners.
Through lawyer Harrison Kinyanjui, the parents want the government to open the school by September 1, 2020 failure to which they will move to court.
“Take further notice that such legal and any ancillary proceedings will be lodged at the very grave risk of your having to bear costs arising and our clients shall thence have recourse to the pursuit of motions against you for having violated the constitution against the helpless millions of scool-going Kenyan children,” the letter stated.
The parents said they will also seek a declaration that the CS is unfit to hold public office because of his reckless and negligent move.
They further alleged that the CS has abdicated patriotism and ceded the rights to foreign interests and perpetration of agenda alien and injurious to the best interests of the Kenyan children.
The parents argue that the decision to close schools has caused untold losses (from financial to closure of schools) occasioned to proprietors of schools, and seeing the comparative responses from other jurisdictions “it is clear that you ought to be held liable for arising damages”.
The parents said other adult persons in Kenya continue to enjoy their daily realization of their dreams, work schedules, business expansion and aspirations during the same period the CS has unlawfully discriminated against the voiceless school-going children solely on account of their age.
The demand letter further stated that the closure constitutes unconstitutional discrimination against school-going children and learners in Kenya, and in particular a gross violation of Article 27(4) of the Constitution.
They accuse Magoha for failing to honor the constitution, which he vowed to protect but has violated it so long as the draconian decision to close schools across Kenya remmains in place.
“Your said act has further breached Article 53(2) of the Constitution of Kenya, as read with Section 4(1) of the Children’s Act, which place the consideration of the best interests of children as of paramount imperative when making any decisions implicating Kenyan children” state the demand letter.
The letter said it is apparent that the CS has no consideration for the welfare and the best interests of Kenyan children, but was serving foreign interests peddled by foreign entities in the name of, and to justify “Coronavirus”.
They said Kenyans’ rights to education as guaranteed under the Constitution has been infringed by the unilateral edict.
They argue that the CS cannot rationally claim and justify the closure of schools on the ostensible risk of our children being exposed to “Coronavirus”.
They claim Kenyan children cannot be said to face serious risk of infection than children in Sweden, UK, Taiwan, Japan, Germany, France, Italy, Ivory Coast or Tanzania.
They added that the said countries and some states in the USA have reopened the learning institutions.
“In fact, Taiwan never officially closed schools (the only measure taken was to extend the winter break by 10 days in February 2020, solely to disinfect education facilities, distribute medical supplies, and implement new procedures for schools with confirmed coronavirus cases),” they said in the letter.
It’s the same case in Sweden, the parents claim which never closed it’s schools and are in the forefront debunking the theorizing that young children stand exposed to “Covid-19” infections by re-opening.
