A judge has ordered for re-opening of all schools in the next 60 days and banned community-based learning programs introduced by the state.
Justice James Makau further held that cabinet secretary education Prof George Magoha had no power to order the reopening of schools under the basic education Act.
The Judge said CS Magoha should ensure the school's re-opening is done by observing health and safety guidelines.He held that the CS was wrong and violated the Basic Education Act by acting unilaterally without involving the National Education Board as well as the County Education Boards."
An order of injunction be and is hereby issued restraining the 1st respondent (CS) by himself, his assistants and partners, agents, servants or otherwise howsoever together with the 1st interested party, Teacher service commission from undertaking or further executing the community-based learning project in schools and learning institutions across Kenya as announced by the 1st on 30 July 2020," held the judge.
In his decision on Thursday the judge held that the state violated the rights of learners and failed to demonstrate that the community-based learning program was within law. The judge's decision arose out of a case filed by Joseph Enock Aura.
