BY SAM ALFAN.
The High Court has temporarily suspended a bid by St Bakhita Schools to increase school and extra-curriculum fees, pending the determination of a case filed by parents.
Justice Janet Mulwa suspended decision by the management of the school to adjust the fees upwards as stated in a notice sent to parents in March, 2024.
The court further suspended the invoices for term II of year 2024 issued by the St. Bakhita Schools, St. Bakhita Daycare& kindergarten and St. Bakhita Junior Junior Secondary school parents on or about 9th April 2024.
“The defendants fees structure for the period 2024- 2025, prior to the impugned notice dated 28th March 2024 issued by the Defendants to the Plaintiffs shall remain in place and in force pending hearing and determination of the suit,” ruled Judge Mulwa.
The court directed the case to be fast tracked and be heard and concluded on priority basis due to its urgency, and in any event within 120 days from the date of the ruling.
The Judge Mulwa dismissed preliminary objection raised by the St. Bakhita schools.
“I am satisfied upon materials placed before court that the Plaintiffs have established a prima facie case probability of success and the plaintiffs would suffer greater harm than the Defendants would suffer should the temporary injunction they seek is denied,” ruled Judge.
The parents moved to court to block the management from implementing the decision to increase fees as contained in invoices for Term II of year 2024.
They stated that the economic factors have not changed significantly for period January 2024 and May, 2024 and abide by the established school fees policy of increment after every two years and the last such increment having been in 2023 the next expected increment was from 1st term January, 2025 and provided a pattern of increments from 2011 to date.
Further, parents submitted that the notices having been issued by one of the companies, who was not a party to the contract for services.
They submitted that under this Basic Education Act, parents ought to be involved in matters affecting the learners including school fees and failure by the defendants to engage the parents and the Parents Teachers Association was wrong.
The PTA supported the case an argued that failure by St. Bakhita schools to engage with PTA for an amicable solution will cause irreparable damage and loss to the parents as well as the PTA which is a core stakeholder in the running of the schools.
“The St. Bakhita’ actions and overlooking its involvement in the fees increment notice was in contradiction with the spirit of the Act regarding parental involvement and violates principles of procedural fairness as the act emphasizes collaboration and transparency in school governance, suggesting that stakeholders should be heard on matters affecting them, “submitted the PTA.
It was further submitted that the St. Bakhita unilateral decision in the fee increment disregards the duty of good faith as well as the duty to consult as it is an established practice of PTA participation in financial planning that creates a legitimate expectation of consultations which schools failed to uphold in the circumstances relying on the holding in the Mawego Primary Schools Parents Association.
St. Bakhita urged the court to find no merit in the parents adding that the current fees structure is not sustainable the last increment having made in January, 2023 when it increased fee by Sh. 6,000.
The schools argued that parents expectation that fees would always be increased after every two years was misplaced as no such conditions is stated in the contract entered into by the parents and schools cites the contract clause that the management reserves the right to vary fees at its sole discretion.
