A court has ordered Education Cabinet Secretary George Magoha to urgently hold a meeting among players in the education sector before schools reopen next week.
Yesterday, High Court Judge James Makau issued the order following an application by a parent claiming that Prof Magoha has announced reopening of schools on Monday next week, without giving proper guidelines on how learners will be protected from coronavirus.
“The Education Cabinet Secretary or his representatives should invite all parties in the education sector within the shortest possible time to reach a settlement on the issue of reopening schools,” ruled Justice Makau.
THE JUDGEMENT METED OUT WAS AS FOLLOWS
IN COURT ELECTRONICALLY ON 6TH OCTOBER, 2020 BEFORE HON. MR. JUSTICE J. A. MAKAU (ORDER)
THIS MATTER coming up for mention for directions before Hon, Mr. Justice J. A. Makau electronically on 6th October 2020 AND UPON HEARING the Counsel for the Petitioners, Counsel for the Respondents and Counsel for the 1 Interested Party_AND IN THE ABSENCE OE Counsel for the 2 to 7 Interested Party AND WHEREAS THIS MATTER is coming in Court electronically;
IT IS HEREBY ORDERED
1) THAT the Respondents and the Interested Parties do file their responses together with their respective submissions within the next 3 working days from today.
2) THAT the CS Education or his representative to invite the parties in this Petition and stakeholders within the shortest possible time to constitute or reach settlement on the issues of reopening the school; on what conditions and when and report to this Court on or by 14 October 2020.
3) THAT the first meeting shall be held on 7 October 2020 and shall be convened by CS Ministry of Education at the headquarters Nairobi at Jogoo House.
4) THAT the Petitioner’s Counsel and Respondent’s Counsel and 1 Interested
Parties’ Counsel to be invited and be allowed to take part in the meeting.
5) THAT mention on 14/10/2020 to confirm the outcome of the meeting and filing if need be of the respective responses and submissions and for further directions.
6) THAT the Interim Orders are extended till then.
GIVEN under my Hand and the Seal of this Honorable Court this 6th day of October, 2020
The judge directed that a report detailing resolutions made during the meeting be filed in court within three days (before October 14).
Makau had previously stopped Magoha and the Teachers Service Commission (TSC) from directing teachers to start community-based learning following a petition by a parent, Joseph Aura.
Mr Aura argued in his petition that it is unconstitutional to continue keeping children at home through an indefinite closure of schools while other countries, worst affected by coronavirus, have started reopening their institutions.
He argued there will be no difference between community-based learning set to start on September 1 and in-house school teaching since both lead to children gathering in one place.
Aura stated that since March 16 when President Uhuru Kenyatta announced the closure of all schools in the wake of Covid-19 outbreak, his three children have suffered psychological torture because of staying at home for a long duration without any justifiable reason.
According to Aura, Magoha has continually stated that schools will remain closed until next year without consulting parents, the National Education Board and County Education Boards to find a solution for the welfare of children.
“The CS has been violating the constitutional right of every child to free and compulsory basic education,” said Aura.
“He has deliberately and blatantly sabotaged the rights of millions of children who cannot access education.”
Yesterday, Makau granted the Ministry of Education and TSC three days to respond to the application before the hearing on October 14.
How can you just come out of nowhere and announce schools to open are you sick in your head plus it doesn’t make sense that candidates should open then later on other classes to follow let’s all go to school then wacheni kujifanya wajanja sana….Mr Magoha u r the fakest of all in the cabinet not thinking of other people’s welfare and health rather u r full of confusion since March 16th sit down and think about others not what your bald head thinks
Quite a good move. We are fully behind you
are you really proffesor ama ni jina tu ulibandikwa
This is not right and definitely not fare to the parents,magoha should realise that our kids are not puppets and we are not banking our money in the house to just wait for him to announce the date and we fish out the cash and kids back to school. We need a proper plan.What of the mask,sanitizer. Who’s going to provide them?nkt
Comment Text*school to reoppen on january nex year
who will provide our childrean face mask?
Some people simply don’t understand the sequence of events in this Country. Who can tell us at what stage is the schools preparedness for covid is? If the children dont go to school now even 2021 children will not go back to school. Nothing will have changed. No changes can be implemented in schools in two months. Let our children go back to school and stop playing politics with our children.
In Mach Kenya had only few corona cases if I’m wrong I think it was less than 10 cases and the schools was closed. Now each day they are reporting more and more cases and they wan to open school. surely is that it madness of the highest order ? Maghoa thought he’s a professor seems confused like a PP1 pupil not knowing what to do. If it’s a matter of getting funds allocated for corona so that he can have a little on his pocket let him think of another strategy not on our children’s. I can remember clearly when he was interviewed for his post as a cabinet secretary for education and he stated very well that “failure is not on his mind, and he has never failed” I think for now if that sentiments were true then he has failed for the first time. Corona should be declared zero for the school to be opened period.
Ss surely school fees itatoka wapi within 3 days like howwww?????????like hafai kuwa cs ata
Those parents who are demanding reopening of schools are the same people who complain about the health of their sons and daughters hence they are the most confused bunch of people.
I don’t u shld intimidate him after all hkuna leta corona we r all victims bnaar n the more students r at home the worse it is coz most r indulging in immoral activities
Let us be realistic, schools to open in January if/when we have confirmed that the covid-19 curve has gone down. The dictatorial decision by the CS is very ill advised and similar to roadside decisions.Let us not gamble with the young children’s lives “Little Children’s lives Matter” Mr Magoha show some objective leadership and responsibility.
We pray for the leaders of this country fo r sure.. Some one just dreams and the folloing day announces the dream as a law or decree.Mr Magoha, you have confused both the leaners and the parents as well. Consider public participation in the matter among other things. The children do not belong to themselves Bwana……..
Yesterday corona cases were 271. How will Magoha ensure the safety of teachers and the learners???? The President was crystal clear his govt won’t gamble with the lives of our children n that schools will open only when there will b no risk. Does Magoha mean there will b zero risks??? Why the frenzied hurry without consulting all stakeholders????
I can’t tell why most of us think that our children are more prone to covid in schools than home!
Good move, kids and parents should be given time to prepare for school reopening and not being ambushed as it’s the case now.
Oe 2021 morio
Indecisive professor,no focus even children
are questioning the kind of the need to change
school calendar,especially Xmas is coming and
been asked to be in school,what the rush for,or
there is something we are missing!open school
in January, don’t complicate life for others.
Magoha is just another illustration of a confused government. If I were the president I would have relieved him from cs job long a go. So confusing and unpredicted. What an error to have him lead a ministry!!!!
What a shame
Magoha must go
think before you make any decision,,,, kwanza utakuwa unawaste all candidates across the countrywide,,,,,juu just imagine wewe pro.magokha uende shule this october then ufanye exam march…na kuna shule zingine ata mayb hawakuwa wamecover cyllubus ya previous class sasa nikuulize watakuwa wameenda kuzicover ndo wafanye exam alafu watapata wapi time ya revision…so my conclusion is that acha wanafunzi waopen january juu si mbali kuliko kuwaste wengine wafail bila kutaka
the CS MAGOHA IS NOT ONLY CONFUSED,BUT ALSO MAD MAN.YOUR DESCISION IS TOTALLY VAGUE AND HAVE NO SENSE IN IT
Am just wondering when will the other classes open.And if it opening let a program of all classes be realesed
Just reopen for all students it’s better that way not in phases
lets get serious… why are we opening schools this early. It was decided that we will go to school on january which is what we knew and had psychologically prepared ourselves to do so. some of us even planned to do somethings during that time.. within a short while CS magoha in his dictatorial ways decided abruptly that we should reopen schools within a week. does this beat logic??? The psychology of students, the pockets of parents and even the school calender suffer the blow. We atleast know that somehow later on the school calender will have to be rearranged again which will raise more confusion. will we have two form 1 classes in one year some joining school in january and some in june or will we have a one week holiday in december from now onwards. or say other classes join the already admitted candidates. will the national exams be done in march to april always and even then how will the holidays be arranged. Does this mean that the great festive season of December will be spent in school from now onwards??. setting this aside, CS Magoha is gambling with the safety of students which is paramount and he is doing it like a dictator. we almost have no say in this. Whether we rush this or not somehow later on the three months will have to be recovered somehow so as to set the school calender back to its original state
Magoha has caused alot of confusion that’s trickling down to the teachers,Learners and parents.Why wouldn’t he give atleast a two weeks notice plus some explanations on how he plans to open the education sector ….
Preparedness is key. Ambushing parents and failing to let them know what levels of safety the learning facilities have engaged in so far was a bit unfair
School to reopen on Monday 4_1_2021. Next year.
I believe that every learner is a candidate in his/ her grade the only difference is the mode of evaluation and they have to cover the syllabus and be evaluated to join the next level so why this selective measures
I think it’s a test not real. Professor wants to hear from kenyans that they dont want schools reopened. otherwise, i will highly appreciate his decision coz we are tired of staying homes.
eti CS ya masomo ua brain is full trushes ow cum kuopen shule tiz feast season wid out knowing ua culture and others culture and plan knec exams as if food recipe, awa kids lives is not old as you.
Surely with this current situation,he directs schools to reopen,I think he has failed us all.i suggest schools to reopen next year Jan. when everyone is prepared
It’s not a good idea sir. Our kids lives are not useless. And most of the parent lost their jobs because of corona. That idea of opening schools now is a bad idea and it will bring alot regrets
I salute u sir, kids have rot
class two kids have forgot ABCD. licha ya ha yo. kids are interacting at home too
parents muache utoto mnafikiria tukikaa myumbani dio korona itatukosa, since march mlikua mnapeleka wali, sadaka hamkutoa, tithe hamkutoa, pocket money hamkutoa , mtajipanga