A number of parents have petitioned the government to halt the reopening of schools while seeking dialogue with Education CS George Magoha.
The eight parents in Kisii County lost their first bid to block President Uhuru Kenyatta's directive to have schools reopened on September 1.
The parents lamented that the government had not yet met guidelines set by the United Nations Educational, Scientific and Cultural Organization (UNESCO) on reopening schools.
They also cited that KICD's virtual learning program was selective and want it stopped.
High Court Judge Justice Anthony Ndung'u ruled out their plea arguing that the matter was of national interest. He further directed them to discuss the issue with CS Magoha and the Kenya Institute of Curriculum Development.
"The new normal occasioned by the spread of Covid-19 across the globe has caused disruptions in political, economic and social lives of all people with the education sector being heavily affected by the pandemic leading to future uncertainties," Ndung'u ruled adding that CS Magoha had set a task force to analyse the safety of schools upon resumption of studies.
The eight parents appealed the case heaping uncertainty on the process as Education CS and KICD may be issued with a temporary order prohibiting them from broadcasting content.
The UNESCO guidelines offer practical advice for national and local authorities on how to keep children safe when they return to school.
Among the guidelines are clear policies for school opening and closure during public health emergencies, financial requirements, focus on practices that compensate for lost instructional time.
They also touch on expanding the focus on students’ well-being and reinforcing the protection of children through healthcare and school feeding and adapting school opening policies and practices to expand access to marginalised groups.
On Thursday, June 18, Magoha announced that national examinations would be taken in April 2021 if the scheduled September 2020 reopening was successful.
He noted that the government will provide two washable facemasks for students when schools reopen but called upon parents to buy more. The CS also directed teachers to undergo Covid-19 testing.
Kenya's Covid-19 tally has soared up with 4,952 cases recorded as at Tuesday, June 23. Health CS Mutahi Kagwe warned that the numbers would keep rising but the government would have to find models to have the country operate under the new normal.
The CS stated that they would not want to risk closure and more lockdown upon reopening of the country.