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Uhuru goes against law to hand schools back to churches

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President Uhuru Kenyatta. FILE PHOTO | NMG

President Uhuru Kenyatta has directed Education ministry to restore ownership of schools built by churches back to the faith-owned organisations in an order that contradicts the law.

Education secretary Amina Mohamed has a week to implement the directive that will see the State surrender all control and management.

The move will see the management of church-sponsored schools such as academically-prestigious Alliance High School, Mang’u High School, Kenya High School and the Nairobi School revert to their founders.

An amendment to the Education Act in 2004 diluted the role of churches in managerial and investment decisions by curtailing their power to appoint principals and board chairpersons.

Section 11 of the Act, for example, requires the board chairman proposed by the church-sponsor to be approved by the ministry, while board members appointed by the church were slashed to three from four previously.

The churches, under National Council of Churches of Kenya (NCCK), had in June 2013 petitioned Mr Kenyatta to reverse takeover of the schools, which included prime real estate cumulatively worth billions of shillings.

“There are many schools built and sponsored by churches. Restore that sponsorship. I have also given one week to restore all church-owned land and schools to their rightful owners,” Mr Kenyatta said on Tuesday during the funeral service of Catholic archbishop John Njenga in Nairobi.

He also announced that chaplaincy will be restored in schools to help in mentoring and guiding learners, decrying rising indiscipline.

NCCK secretary-general the Reverend Peter Karanja had at the time of the petition threatened a court action if the government did not rescind the control of schools built by churches.

The NCCK was to rely on 2011 landmark ruling by High Court judge Daniel Musinga that stopped the government from taking over Parklands Arya Girls High School from the Asian community as a precedence.

It is not clear whether the churches made good their intention.

Many churches have since resorted to privatisation of schools they sponsor.

Mr Kenyatta said the Education ministry will engage more closely with religious organisations to improve morality among students.