A high court judge has today ruled that President Uhuru Kenyatta’s directive closure of schools in the country was illegal. – By Gerald Gekara.
Justice James Makau ruled that the indefinite closure was a violation of learners’ right to education and the Basic Education Act.
In the new directive, the judge ordered in-person learning to resume for all classes within 60 days from November 19, 2020.
The court also argued that the decisions taken by the Education Cabinet Secretary (CS) George Magoha was without consultations with the National Education Board and respective County Education Boards, thereby declaring them unconstitutional.
The suit that was filed by a parent, Joseph Enock Aura argued that the Basic Education Act confers National Education Board powers to put in measures in place to ensure all children attend and remain in school.
Aura argued that no Executive Order was issued by the President to validate the closure of schools across Kenya, as the State of the Nation Address neither bears the seal nor the signature of the President.
