Fist fight as management row at Nyali School paralyses learning

Learning was disrupted at the Nyali Primary School in Mombasa as parents stormed the school to push out the newly elected board.

A fist fight broke out as parents tried to forcefully push out the board's chairperson, Benjamin Gitonga.

Gitonga had come to address the parents and teachers to kick start an arbitration process as ordered by the Mombasa High Court.

In a ruling dated May 23, Justice Olga Sewe of the Mombasa High Court issued conservatory orders barring the newly elected board from taking over the pending hearing and ruling of the petition before the court.

“Pending the hearing and determination of the petition herein, a conservatory order suspending the assumption of office of the newly elected management board of the Mombasa Parents Club/School is hereby issued," the order read in part.

Justice Sewe also ordered that the disputed election of the new board conducted in March be referred to arbitration in accordance with the club’s constitution.

“Pending such arbitration, the outgoing management board of Mombasa Parents Club/School shall continue to oversee the running of the club/school,” Justice Sewe ordered.

The parents, however, disputed the ruling, saying it was going against their wishes, who are the owners of the school.

They said that the current board had overstayed their term for over five years.

“Parents voted out this board for mismanagement and overstaying in office as their term expired a long time ago. Our constitution states that you cannot be in office for more than four years, they have been in office for eight years,” Bernard Kibei, a parent at the school said.

Kibei alleged that the ousted board had used all tricks to remain in office,

He further alleged that the Gitonga-led team was clinging to power to protect the exposure of their mismanagement and embezzlement of money belonging to the club and school.

He alleged that the school was in a dilapidated state and had not been repaired for years, and the performance had also gone down due to poor management from the embattled board.

“We feel aggrieved, and as parents, we are not happy with the court order as it has brought chaos to the school," he said.

“The people who have mismanaged this school cannot be allowed to continue to do so. We are dissatisfied with the court order, and as parents, we want our school back,” he added.

The parents have alleged that the school made a loss of Sh14 million last year, which they said was impossible owing to the fees parents pay.

They vowed that no learning will go on in the school until the old board is out.

“This is a very good school, let them not insist on staying because we will not allow that to happen,” said Abdulswamad Ali, another parent.

The leadership of the management has been a bone of contention over the last five years, with some parents going to court to block the conduct of the Annual General Meeting of the club, where elections of new board members can occur.

The board finally held their AGM on March 16 this year, where Ali Mohammed Salim and 12 others were elected as new board members.

However, a member James Nyamwata went to court challenging the election of the new board.

Gitonga however said that he had no intention of clinging to office as he called for calmness and sobriety to amicably resolve the current stalemate.

 “We have no intention of clinging to office because we have diligently served our term as the board. I urge members to be calm and come together so that we can reason together and find a lasting solution,” Gitonga said.

Gitonga disputed embezzlement of funds by the outgoing management, saying that during the March AGM, an audited report of finances was read to members.

He additionally refuted claims of misuse and abuse of office during his tenure, reiterating his respect for the rule of law.

“We are governed by the rule of law in this country and Gitonga is always willing and ready to follow the law. There is a court order issued and if I don’t do that, there will be contempt of court.”

“How I wish that members would come together to have an arbitration, that is the process I am working hard to ensure commences so that we sort out this issue once and for all,” Gitonga said.