The High Court in Kakamega has stopped implementation of a resolution by Kakamega School to charge parents for damages caused by fire that burnt down two dormitories at the school on November 5.
A parent, Boaz Vida, moved to court seeking to stop the school from charging Sh9,823 per student for damages caused by the fire.
“The applicant is hereby granted leave to commence Judicial review proceedings, more specifically to apply for the prerogative order of certiorari to bring into this court and quash the resolutions of the Board of Management meeting held on the November 10 of 2021,” the order reads.
“The leave granted in 1 above, to operate as stay,” the order issued by Justice William Musyoka reads further.
Vida has named the school principal, Gerald Oruna, who is the school BOM secretary and the BOM chairman, Prof Egara Kabaji, as the first and second respondents respectively.
The school BOM met on November 10 and resolved that every students pays Sh9,823 for the damages and set the dates for reporting of the students starting with form fours who reported on Monday.
Form ones are expected to report on Sunday while form twos will report on Tuesday. Form threes will report on Thursday.
The school assessed the damage at Sh12,185,540, Sh695,420 for CCTV installation, Sh4,194,400 for the 280 double decker beds that were burnt and damaged students’ items at Sh4.5m.
He directed the applicant to serve the respondents by Tuesday next week and set gearing of the matter on November 30.
The parent argues that the resolutions were passed without involving the parents and contrary to article 10 of the constitution that the conditions are punitive and against the spirit of Articles 53(1) (b) of the constitution.
The resolutions are also illegal as they contravene regulation 36(3) of basic Education Regulations 2015.
Vida argues that it was unjust to punish the 20 students who were in class at the time of the fire for bearing the highest responsibility.
