BY SAM ALFAN.
The High Court has put on hold plans by the government to roll out community based learning, a programme that is meant to engage learners during the current period of Covid-19 pandemic.
High Court Judge John Makau suspended the roll out announced by education cabinet pending hearing and determination of the case.
“An interim Conservatory Order be and is hereby issued by way of an injunction, to forthwith restrain the ministry of education by himself, his servants, agents, assistants, and partners, together with the Teachers Service Commission, or otherwise howsoever, from implementing, undertaking, or further executing the community-based learning’! project across Kenya as declared by the ministry of education on 30th July 2020 pending and determination of the notice of motion ” ordered the judge.
The judge directed the matter be mentioned on September 9, to confirm compliance and for further directions
This is after parent has moved to court seeking to compel the government to re-open schools and learning institutions by September 1.
Joseph Aura, a father of three learners, moved to court arguing that the indefinite closure of schools was affecting children, yet the government has failed to put up measures to address the issue, since the institutions were closed in March.
He wants the court to compel the government to reopen schools on September 1.
“The open-ended closure of schools in Kenya from March 16th, 2020 to date is not a solution to a little known public health issue classified as “Covid-19”, and whose mortality rate is not certifiable to date,” the petition stated.
He said that by subjecting the children to such prolonged closures, there has been severity of pain and suffering on these pupils and students, especially those who have to write their final examinations at the end of the year.
Aura further accused Education CS Prof George Magoha and his Health counterpart Mutahi Kagwe of “repeatedly exhibiting reckless indifference” to the possibility of causing pain and suffering on the students and pupils, citing non existing consultations with stakeholders.
He also seeks the two ministries or anyone from administering a mandatory mass or individual “Covid-19” vaccine on school children, as a precondition to any further or continued enrollment in schools.
He said children and the youth are the future of the country, and education is pivotal in that regard. “It behooves the country to insure and ensure that education is thus imparted to the learners within the right time apportioned in that regard to enable them live a dignified and fulfilling life in future,” Kinyanjui said.
He also said the open-ended closure of schools and learning institutions has decimated private schools operations to the point of financial penury and ultimate ruin.
Aura wants the CS compelled to direct the reopening of all play areas and recreational centers for all children across Kenya, and in particular school-enrolled children, within three days after the court’s decision.
On behalf of the parents, Aura wants the court to make a declaration that the in prolonging the closure of schools and learning institutions without any consultations with the parents, guardians of school children, affect learners in diverse learning institution.
