Victory for Matiang'i as court rules parents cannot constitute school boards

What you need to know:

Mr Ndunda, who is the chairman of the National Parents Association, had argued that power to constitute boards of management of Schools is under the Basic Education Act, 2012 should be a role of the National Parents Association.
Justice Ngugi found that the Education Cabinet Secretary had acted within the law in formulating regulations to realise the objects of the Basic Education Act.

High Court Judge Mumbi Ngugi has dismissed the constitutional petition filed by Musau Ndunda against the Ministry of Education, Science and Technology seeking to stop the ministry from constituting the boards of management in Schools.

Mr Ndunda, who is the chairman of the Kenya National Association of Parents, had argued that power to constitute boards of management of Schools is under the Basic Education Act, 2012 should be a role of the parents' group.

In her finding, Justice Ngugi, upheld the provision of the basic education law and found that the Cabinet Secretary had acted within the law in formulating regulations to realise the objects of the Basic Education Act.

In dismissing the case, the judge said she found it unacceptable that Ndunda’s organisation had irregularly purported to conduct elections for Boards of Management in schools.

She said that the association is not the one contemplated in the Basic Education Act, 2012 and was not therefore the bona fide representative of Parents whose children attend Kenyan schools.

“This is a major victory for the Ministry of Education whose activities have been bogged down by more than 20 suits filed against it by Mr Ndunda’s association,” said Fred Matiang'i, Cabinet Secretary for Education.

Last Week, Dr Matiang'i revoked a letter written by the then Minister for Education, the late Mutula Kilonzo, in February 2013 recognising the Mr Ndunda-led association.

The letter also gave him authority to collect Sh2000 from every school to support its activities.

The CS says the ministry will move with speed to ensure Boards of Management are established and inaugurated in each and every school within the next two weeks.