Blow to Magoha as Court Extends Suspension on Community Learning

Education CS George Magoha visiting a school in 2019.
Education CS George Magoha visiting a school in 2019.
The Standard

Students will have to wait longer to enroll in the proposed Community Based Learning after High Court on Thursday, September 10, extended an order stopping the programme.

The court extended the August 25 interim directive that halted the programme pending hearing and determination of a petition filed by a parent, Joseph Enock Aura.

Aura argued that public participation was not done when the Ministry of Health and Education came up with the programme, thereby exhibiting reckless indifference to the possibility of causing learners pain and suffering.

Education CS George Magoha during a tour of Meru National Polytechnic on September 4, 2020.
Education CS George Magoha during a tour of Meru National Polytechnic on September 4, 2020.
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"There is an escalation of teenage pregnancies, exposure to online pornography and delinquency since children lack parental care during daytime," noted Aura.

The Education and Health Ministries in conjunction with the Teachers Service Commission (TSC) planned to roll out the programme to bridge the gap students were facing in learning.

The programme was meant to equip learners with practical skills and basic knowledge including on the deadly Covid-19 virus.

Education Cabinet Secretary George Magoha and his Health counterpart Mutahi Kagwe opposed the petition and the orders sought such as reopening of schools for face to face learning.

The two Ministries argued that an unplanned reopening of schools would contradict the laid down Covid-19 containment measures.

They also claimed that reopening the economy and public institutions as demanded by Aura had been sufficiently addressed in a petition filed by the Law Society of Kenya.

The High Court held that in light of the Covid-19 Pandemic restriction on movement and gathering, it was reasonable and justified.

In the petition, Aura stated that online classes are ideal for students and urged the government to reopen schools in September.

On Wednesday, September 9 Magoha insisted that schools would reopen in January after reports that the Ministry was mulling on a November resumption of learning.

A picture of the Supreme Court of Kenya.
A picture of the Supreme Court of Kenya.
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