President Uhuru Kenyatta's decision to close schools indefinitely was illegal, the high court has ruled.
Justice James Makau ruled that President Uhuru Kenyatta violated the Basic Education Act to order the country's open-ended closure.
As a result, the judge ordered in-person learning to resume all classes not later than 60 days from November 19, 2020.
Simultaneously, the court further determined that community-based education was illegal and banned it with immediate effect.
Further, the court ruled that the Education Cabinet Secretary George Magoha without holding consultations with the National Education Board and respective County Education Boards as unconstitutional and a violation of the Basic Education Act.
Read More
The suit was filed by a parent, Joseph Enock Aura, before Grade Four, Standard Eight, and Form Four students resumed in-person learning.
A lawyer, Harrison Kinyanjui, represented the parent.
In his argument, the parent ruled that the Basic Education Act confers National Education Board powers to put in place to ensure all children attend and remain in school to complete primary education needs.
According to Aura, no Executive Order was issued by the President to validate the decreeing of the open-minded closure of schools across Kenya as the State of the Nation Address neither bears the seal nor the President's signature compared to an Executive Order issued by the President in February.
"Hence it fell short of the constitutional threshold of a lawful decision of the President prescribed in Article 135 of the Constitution of Kenya," stated Aura in court documents.
