Relief for parents as High Court allows Form One students to report to school

The High Court Friday lifted orders barring the admission of Form One students to 10 high performing secondary schools in Nyeri County.

Nyeri High Court judge Mr Justice James Wakiaga also asked the Commission on Administrative Justice to mediate between the Nyeri County government, which filed the petition, and the Ministry of Education.

The county government moved to court protesting against the Form One selection saying it discriminated against students from the area.

“The issue is very fundamental and I vary the order to allow students to join schools where they were selected pending the hearing and determination of the case,” said Justice Wakiaga.

The judge said to stop the operations of the schools would not be in public good. The court had restrained the 10 secondary schools from admitting 2,208 students on Wednesday pending Friday’s hearing.

Justice Wakiaga also ordered Education Cabinet Secretary Mr Jacob Kaimenyi to provide a list of all candidates from Nyeri County with their choice of schools and the schools where they were selected to join.

The ministry had told the court that the order restraining the schools from admitting the students was erroneous and irregular.

Through state counsel Ms Stellar Munyi the ministry argued that the petition was filed contrary to Inter Governmental Relations Act, which provides that the national and county governments should resolve disputes amicably. “No attempt has been made by the petitioners to use any alternative dispute resolution mechanisms as provided for under the law and the suit is premature and the court ought to decline jurisdiction,” said Ms Munyi.