The High Court on Thursday, November 19, ruled that it was illegal for President Uhuru Kenyatta to order the closure of schools in March this year following the outbreak of the Covid-19 pandemic.
Justice James Makau stated that the directive was a violation of children's right to education.
The judge ordered that all school children should resume face to face learning not later than 60 days from November 19, 2020.
The court also stated that it was wrong for the Education CS George Magoha to make decisions without involving the National Education Board and respective County Education Boards.
This, the judge stated, was a violation of the Basic Education Act. Further, the court banned community-based learning and said that it was illegal.
Magoha was sued by a parent, Joseph Enock Aura, before learning resumed for class 8, form 4 and grade 4. He demanded schools to reopen arguing that the indefinite closure of schools was affecting students.
The Ministry of Education has since released the school calendar in readiness for the resumption of learning on Monday, January 4, 2021.
"All schools will reopen fully on the 4th of January 2021. This will apply to PP1 and 2, Grade 1, 2 and 3, Class 5, 6 and 7 and Form 1, 2 and 3 learners.
"All four-year-olds will join PP1 in July 2021 while all PP1 and 2, Grade 1, 2 and 3 Class 5, 6 and 7 and Form 1, 2 and 3 will start their second term on the 4th of January and end on the 19th of March together with the examination classes," he said.
However, in an interview on Wednesday night, November 18, Health CS Mutahi Kagwe said that the January 4 school reopening date was subject to review.
"We target periods when we want to reopen schools, we don't have specific dates and nothing is cast in stone. If by January 4, the situation will be deemed as risky then we will not reopen," he said.
