The High Court will on July 4 rule on whether it will issue orders stopping St Bakhita Schools from increasing fees by up to 20 per cent.
Justice Janet Mulwa set the date after parties in the case made their final submissions on Wednesday.
The parents' contention is that fee increments shouldn't be effected this term but only until 2025.
Through advocate Charles Mwalimu they told the court they are opposed to the revision because it was done without sufficient notice.
“Based on the school's conduct over the past years, we had a legitimate expectation that fees can only be increased after every two years,” they said.
From court documents, St Bakhita Holdings Limited issued a notice dated March 28, 2024, and received on April 2 by parents through the class group.
It’s that notice that carried the fee for this year’s term two. Mwalimu told Justice Mulwa that the increment wasn't minimal in that there was a 40 per cent increase in fees and 20 per cent in co-curricular activities.
“This was not a small increment. This left the plaintiffs with only two options. To either transfer their children or re-adjust their financial plans. This has put my clients under economic duress. They were left with no practical alternative," said Mwalimu.
The advocate is representing Martin Mutua, Daisy Mbugua, Nelson Muhia, Belinda Njeri, Mary Wanjiru, Judith Mulwa and Jairus Kutsuru who have sued on their own behalf and on behalf of 1,000 other parents.
They sued St Bakhita Schools Limited, St Bakhita Daycare and Kindergarten Limited. St Bakhita Junior Secondary School Limited and St Bakhita Holdings Limited in May this year after a hike in fees.
They argued that varying fees midway through the year has left them with little to no power to bargain on the same.
Temporary orders are currently in place and will remain so until next month when the court will rule on whether it will issue an injunction. The Parents Teachers Association have also supported the case.
But the schools have defended their move to increase the fees saying it was due to high and rising overhead costs, driven by inflation and other factors.
Through advocate Wilfred Mutubwa the school told the court that the terms of a contract entered into by the parents and the schools provide that the management reserves the right to vary fees at its sole discretion.
“There is no contractual provision mandating the schools to increase fees every two years,” he said.
“Where a binding contract exists between parties, then a party to the contract cannot rely on the doctrine of legitimate expectation as regards a term that has been expressly provided for in the contract," he added.
He pleaded with the court not to issue an injunction saying the school would not be able to survive.
He said the school has taken about five years to make an increment in fees and that there has only been an increase of 16-20 per cent and not 40 per cent as alleged by Mwalimu.
