The Oshwal Academy and its directors have been ordered to form a parents- teachers association within 120 days.
The order came from High Court judge Weldon Korir, who on August 3 ruled that Oshwal Academy is constitutionally obliged to consider the best interests of the child whenever it makes policy decisions and must consult and obtain the consent of parents before their implementation.
“An order is hereby issued to first respondent to immediately and without further delay from the date of this judgment establish a parents and teachers association in terms of section 55(3) of the Basic Education Act ,2013,” Korir ruled.
Parents and guardians had filed a petition on May 11 challenging the e-learning programme introduced by the school board.
This followed an April 17 circular from the school advising them to pay full third term fees before May 15 to be eligible for a Sh5,000 discount.
The circular was accompanied by a threat that non-compliant learners would be deregistered from the e-learning programme for non payment of fees.
In their petition, the parents contended that the school made the decision without consulting them or giving them a chance to assess the suitability of the new mode of teaching.
They said learners would have to be facilitated to get the internet, laptops, desktops and smart forms.
It was their contention that the added responsibilities were not only financially burdensome but left many parents with no option but to relinquish their jobs to supervise their children.
They stated that the school continued to demand fees equivalent to what is payable when the students are physically in school.
According to them, the institution violated section 55(3) of the Basic Education Act, 2013 by failing to establish a parents-teachers association.
The academy had submitted that the court has no jurisdiction on matters of admission, fee structure, constitution of the governing body, appointment of staff and other services provided.
It maintained it is an independent and unaided private institution.
- mwaniki fm
