Education CS Fred Matiangi (photo/wikipedia)
The high Court on Friday suspended Education Cabinet Secretary Fred Matiangi's order for dissolving management boards of Primary and secondary schools that lie on the same compound.
While issuing the order, in the petition filed by Kenya National Union of Teachers (KNUT) Nairobi Chapter, Justice George Odunga said CS Matiang'i did not follow the constitutional provision of inviting public views on the policy.
He said that omission of such an important aspect renders the policy illegal.
The petitioner, KNUT, had argued that ommiting public participation was illegal. They said their is no provision for such an order by the Matiang'i.
KNUT also argued that headteachers and Principals had not discussed the directive with respective sponsors and parents.
KNUT further argued that dissolving the board contravenes section 55(i) of the Basic Education Act requiring each school to its own board of management.
The petition read, “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."
CS Matiangi's announced the directive during form selection for 2017 KCPE candidates.
According to Matiangi's, the directive was aimed at minimizing conflict between school on social amenities such as school grounds