Court stops Matiangi order on schools

The High Court has temporarily stopped Education Cabinet Secretary Fred Matiang’i from dissolving management boards of primary and secondary schools that share a compound.

Justice George Odunga issued the orders following a petition filed by the Kenya National Union of Teachers (KNUT), Nairobi Chapter.

According to the petitioners, CS Matiang’i failed to follow a constitutional requirement to invite public views on the intended policy, saying this omission rendered the announcement illegal.

KNUT argued that headteachers and principals were not given notice or time to discuss with parents and sponsors of their respective schools before the directive was issued.

They further argued that dissolving the Board of Managements and directing for the nominations of merged boards by 19th December, 2017 contravened section 55(i) of the Basic Education Act which require that each and every public primary and secondary school have a BOM.

“There was never any consultation or public participation prior to the announcement and introduction and implementation of the policy to merge the management of the co-existing schools,” read the petition.

Among the many schools in the city that were to merged under the pilot project include St. Georges Girls Secondary School and St. Georges Primary, Nairobi Milimani Secondary and Nairobi Milimani Primary.

KNUT’s Nairobi Chapter Executive Secretary Danson Macharia said the merger would affect representation of members of the Parents Teachers Association (PTA) which is likely to disadvantage one level of the learning institution.

“There’s no legal provision permitted for a Cabinet Secretary to merge BOMs,” claims Macharia.

Mr. Macharia says that the merger is likely to occasion conflict in regard to existing liabilities (debts) incurred by the respective primary and secondary schools.

The directive to merge BOMs of schools sitting on the same parcel of land had been announced early December when the Education CS launched the Form One selection for process for those who had completed KCPE in 2017.

Matiang’i had also directed for the schools to be placed under one principal, with two deputy headteachers, one overseeing the primary school and the other the secondary level institution.

This move, according to Matiang’i, was aimed at minimising conflict resolution on issues such as boundaries, use of facilities such as sports grounds and social amenities among others.