Court Stops Community Based-Learning CBL Roll-out
The Community Based Learning, CBL, an initiative by the Ministry of Education in liaison with the Teachers Service Commission, TSC, has suffered a blow after the High Court stopped it’s rolling out on Tuesday.
High Court Judge, Justice James Aaron Makau, directed the Education Cabinet Secretary Professor George Magoha to halt temporarily commencement of Community based learning, CBL.
The Judge’s temporary order follows a petition by Mr. Joseph Enock Aura to challenge President Uhuru Kenyatta’s decision to suspend learning in all educational institutions in the republic due to Coronavirus pandemic.
Petition Compels Gov’t to Reopen Schools and Compensate Private Institutions
According to Mr. Aura, the order to close schools was draconian and violated children’s’ rights.
The petition intends to compel the Ministry of Education to reopen schools from September 1st, 2020.
Other than just reopening of schools, Mr. Aura wants the Government to bear the losses incurred by the private primary and secondary schools following the shutting down of schools from the 15th of March 2020.
High Court Certifies the Parent’s Order As Urgent
Mr. Aura’s petition was certified as urgent by the High Court.
The Court further gave Mr. Aura two days to serve the petition to the Ministry of Education, Attorney-General, Ministry of Health, and the National Council for Children’s Services.
In response, the served institutions will be expected to file back their defense responses.
Teacher Registration for Community-Based Learning Ended
Ministry of Education and the Teachers Service Commission TSC initiated the Community Based Learning as an initiative to offer free learning to students at the community level.
TSC declared that Monday was the deadline for all teacher registration to be allocated duties in the initiative.
Petition Questions Legitimateness of Uhuru’s Order to Close Schools
According to Mr. Aura, he doubts the legality of the March 15th government’s directive on closing all learning institutions because of the Covid-19 outbreak.
His argument is based on the fact that the President’s order was not debated on or approved by the legislators in the national assembly.
As an alternative to tabling the order in parliament, the order was not published in the Kenya Gazette.
Mr. Aura claims that the Government’s decision to the 431 educational institutions into Covid-19 quarantine facilities was a contravention of the Public Health Act.
The parent terms the pandemic as ’little-known public health issue classified as Covid-19’ with no certified mortality rate. He believes that suspending learning and shutting down all the educational institutions was inappropriate.
Aura’s petition reads in part, “By subjecting the children to such prolonged closures from school due to unfounded reasons, there has been the severity of pain and suffering on these pupils and students…,”
Court Sets September for Aura’s Case Mentioning
Justice James Makau set the September 9th, 2020 as the mentioning date for Mr. Aura’s case.
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