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Court rules indefinite closure of Schools unconstitutional

The High Court , on Thursday the 19th of November 2020, ruled President Uhuru’s order of indefinite closure of schools in the Country, in the wake of the threat posed by the coronavirus pandemic illegal and unconstitutional.

Speaking at the High Court , Justice Makau said President Kenyatta had no power under the Basic Education Act to order the open -ended closure of schools in the Country .

The ruling was given in response to an earlier suit by a parent ,Joseph Enock Aura, against the indefinite suspension of learning, before Grade Four, Standard Eight and Form Four students had resumed in- person learning.

According to Aura’s court documents, no executive order had been issued by President Kenyatta to validate the decree of the closure of schools, as the State of the Nation Address neither bow the seal nor the signature of the President, unlike the Executive Order issued by the President in February.

No educational institutions were to be attended across Kenya from March 16 , 2020 to January 2021.

Justice Makau also ordered in-person learning resumption for all classes within 60 days as of 19th of November 2020.

All community -based learnings have as well been banned and declared illegal.

The government has however announced a new academic calendar that will see learning resumption across all schools on 4th January 2021. This was announced by Education Cabinet Secretary George Magoha on Monday the 16th of November 2020.

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