•Tabasamu School got embroiled in a court battle after it's owner Ann De Bruyn was accused of impersonated herself as a member of a children's home to solicit money from investors to open the school.
•The respondents however requested the court to allow them time to familiarise themselves with the documents presented to court, before any hearing took place.
Image: FILE
The High Court in Kwale was on Monday told that Tabasamu School is not duly registered to operate in Kenya.
Tabasamu School got embroiled in a court battle after its owner Ann De Bruyn was accused of impersonating herself as a member of a children's home to solicit money from investors to open the school.
The information before the court was relayed through a letter dated February 23, from the Ministry of Education through its Msabweni Sub-County Director Abraham Nyamawi.
"We wish to confirm to you that the institution in question is not a dully registered school in accordance with the Ministry's regulations as it is yet to meet the minimum requirements to facilitate the process," the letter read.
Nyamawi's letter was a response to one written by the manager of the aggrieved children's home Sarah Were through her lawyer Elkana Mogaka requesting to know the status of the registration of the school with the Ministry of Education.
"We write to you to confirm the status of registration of the School with the Ministry of Education as an institution of learning, either privately or publicly together with the date of such registration if at all," Mogaka's letter read in part.
In relation to the ministry's response, Mogaka urged the court to issue orders temporarily closing Tabasamu School.
He also wants the investigation to be done on how the school has been running illegally.
The respondents, however, requested the court to allow them time to familiarise themselves with the documents presented to the court, before any hearing took place.
“I’m not ready to proceed today I confirm that my clients were served with a supplementary affidavit on Friday, which I need to respond to,” the court heard.
Justice Gregory Mutai gave them 14 days to file and serve their submissions.
De Bruyn had been sued for allegedly misrepresenting herself as one of the home's managers and when investors asked for proof, she would use the children's images.
In the affidavits presented to court earlier, Were stated that this is how De Bruyn ended up getting funding to open Tabasamu School and "to unjustly enrich herself".
On February 9, the court ordered De Bruyn to cease the use of the children's images without consent pending the hearing, she also ordered her to pull them down.
"That the 4th (Ann De Bruyn) and 5th (Tabasamu School) Respondents are directed to take down the images of the 3rd Applicant's children from their school website, social media pages and or any other form of digital and or print media pending inter parties hearing and final disposition of this application," the orders read.
The matter will be mentioned on March 18.