Justice Pauline Nyamweya said the directive involved a matter of public interest.
She also found the decision had already been fully implemented.
The High Court has rejected an application by owners of non-formal schools seeking to stop implementation of a directive by the Ministry of Education to close down unregistered institutions.
Justice Pauline Nyamweya said the directive involved a matter of public interest. She also found the decision had already been fully implemented.
“There is a public interest element involved as there is the safety and life of students at risk, which is an overriding factor when determining whether or not to grant stay orders,” said justice Nyamweya.
Education Principal Secretary Belio Kipsang issued the directive after the collapse of a classroom at Precious Talents Top School in Nairobi in September 2019, killing seven pupils.
“There is need to preserve the current status quo until the legality of the Principal Secretary’s circular is established,” she ruled.
The Kenya Alliance of Non-Formal Schools Welfare Association (Kanswa) moved to court on October 8, 2019 seeking to have the directive quashed.
In the court papers it said majority of the schools targeted for closure were non-formal, operating under the Alternative Provision of Basic Education and Training Guidelines.
“Principal Secretary for Early Learning and Basic Education has resorted to unlawful closure of the non-formal schools,” Kanswa said.
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