Court rules decision to close schools unconstitutional

The high court has declared the decision to close schools in Kenya over the rising threat from the Coronavirus pandemic as unconstitutional.

Petitioner Joseph Aura had through his lawyer Harison Kinyanjui challenged the suspension of learning until January arguing that the Basic Education Act confers National Education Board powers to put in place measures to ensure all children attend and remain in school to complete basic education requirements.

But while delivering his ruling, Justice Makau said the indefinite closure of schools was a violation of the rights of children enrolled in Kenya’s school as well as their right to education.
Justice Makau also ordered in-person learning to resume for all classes within 60 days as of 19th of November 2020.

Aura further argued that no Executive Order was issued by President Uhuru Kenyatta to validate the decree of the closure of schools across the country as the State of the Nation Address neither bears the seal nor the signature of the President, unlike the Executive Order that was issued by the President in February