Fred Matiang’i's directive on school management suffers setback

The High Court has stopped Nairobi Education officials from implementing CS Fred Matiang’i directive to dissolve management boards of schools sharing compounds.

Justice George Odunga issued a temporary order on Friday following a case filed by the Kenya Union of Teachers (Knut) Nairobi branch against the Education CS and the Attorney General.

Early this month, Dr Matiang’i issued a directive to merge management of co-existing schools as from next year so that they can be run by one board of management.

He said the Education ministry together with the Teachers Service Commission which is listed as an interested party in the case, will consolidate the management such schools.

NAIROBI SCHOOLS

In a letter dated December 15, the Regional Coordinator of Education in Nairobi was directed by the Education CS to notify sub-county directors of Education of the decision to dissolve old board of managements to pave way for new ones whose proposed names were to be forwarded as of December 19.

Merging of schools was to kick off with learning institutions located in Nairobi’s Starehe, Westlands and Makadara areas.

Through lawyer John Mbaluto, Knut’s Nairobi branch told the court that out of 205 primary and 95 secondary school in Nairobi, 54 share a compound.

Mr Mbaluto argued that it was therefore necessary that the court hears and determines the matter during the vacation period so as to remove any uncertainty hovering over the management of the 54 schools as well as give those institutions an opportunity to prepare for a new term come January.

'NULL AND VOID'

“Unless the directive is suspended, there is a real likelihood Dr Matiang’i and TSC officers will proceed with the implementation of the impugned policy despite the same being ultra vires and in clear violation of the constitution thus rendering this case useless,” said Mr Mbaluto.

Knut Nairobi branch want Matiang'i's rule be declared unconstitutional, null and void.

The judge directed Knut Nairobi branch to give copies of the case documents to Dr Matiang’i, the AG and the TSC.

The case will be heard on January 18.