COURT STOPS PLANS TO ROLL-OUT COMMUNITY BASED LEARNING.

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.

In the petition, Joseph Aura wants the Education CS wants next month to be set as the beginning of the next academic year, across the country.

Further, Aura wants the CS prohibited from taking any further adverse action against the best interests and welfare of Kenya’s school-enrolled children and learners.

Through lawyer Harrison Kinyanjui, 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.

He wants the court to quash the CS’s decision made on July 3, 2020 purporting to declare and execute “community-based learning” program in schools, learning institutions, Churches and places of worship across Kenya. This is because the move was not subjected to public participation and for being ultra vires against Section 42(1) of the Basic Education Act, Act No. 14 of 2013.

“An order of injunction be issued restraining the education CS by himself, his assistants and partners, agents, servants, or otherwise howsoever, together with the Teachers Service Commission from undertaking or further executing the “community-based learning” project in schools and learning institutions across Kenya as announced by the ministry of education on July 3, 2020,” the application stated.

He also wants an order issued restraining the National Council for Children Services from submitting  to the ministry of education or any entity connected with the administration of Education any memoranda, resolution, or decision purporting it to be representative of the nationwide membership of parents and guardians of school enrolled children and learners.

Aura is seeking an order prohibiting Education and Health ministries from closing any schools in the country on the basis of public health concerns stated as “Covid-19”, without strict adherence with the applicable statutory procedures, compliance with relevant and applicable statutory regimes, and constitutional imperatives set out in the Constitution.

He also seeks the two ministries or anyone acting on their behalf restrained from demanding, directing, or administering a mandatory mass or individual “Covid-19” vaccine on school-enrolled children across Kenya’s public and private schools, as a precondition to any further or continued enrollment in schools.

The petition also wants the National Council for Children’s Services compelled to articulate and execute programs in co-ordination of child rights activities across the country especially the right to education and its implementation.

The council should also furnish him and the court a report compiled on the measures and effectuation of the right to education of Kenya’s school-enrolled children and learners below 18 years, within 90 days.

He wants the high court to direct the government to compensate all private primary and secondary schools for the losses incurred since the closure of schools in March.

Aura wants the parents and children compensated by way of damages for the psychological suffering inflicted on them, on account of the government directives to close the schools.

On behalf of the parents, Aura wants the court to make a declaration that the in prolonging the open-ended closure of schools and learning institutions without any consultations with the parents, guardians of school-enrolled children affected learners in diverse learning institutions.

The court, he said should declare the “community-based” learning project null and void for want of public participation.

“1A declaration do issue that the conversion of schools and learning institutions into “Covid-1911 “Quarantine facilities11 across Kenya by the education and health ministry jointly or severally constitutes a violation of Section 32 of the Public Health Act., and is null and void ab initio,” he urges.

He wants education and health CS personally bear responsibility for the violations of the rights of the Petitioners  children J.L.A.., (aged 21 years}., J.M.A.., (aged 18 years}., and D. T.A. (aged 16 years}., and Kenyan school-enrolled children now kept out of learning in-person in their respective schools on account of the mental and psychological torture and suffering occasioned on them by the two or joint and several acts and omissions in breach of Sections 5 to 9 of the Children1s Act as envisaged under Section 22(2} of the Children’s Act.