High Court Judge, Justice Mumbi Ngugi on Friday dismissed the Constitutional Petition filed by Musau Ndunda against the Ministry of Education, Science and Technology.
Musau Ndunda had gone to court seeking to stop the Ministry from constituting the Boards of Management in Schools.
He had argued that power to constitute Boards of management of Schools is, under the Basic Education Act, 2012, reposed in the National Parents Association, of which he is the National Chairman.
In her finding, Justice Ngugi, upheld the provision of the basic education law and found that the Cabinet Secretary had acted within the law in formulating regulations to realize the objects of the Basic Education Act.
She observed that Musau Ndunda ought to be congratulated for his entrepreneurial spirit which had made him worm his way into the Ministry of Education, successfully convincing the Ministry to give him recognition without any anchor in the law and at any rate, collecting illegal charges from parents under the Ministry’s watch.
In dismissing the case, the judge found it unacceptable that Ndunda’s organization had irregularly purported to conduct elections for Boards of Management in schools.
She observed that the association is not the one contemplated in the Basic Education Act, 2012 and was not therefore the bona fide representative of Parents whose children attend Kenyan Schools.
The Cabinet Secretary for Education, Dr Fred Matiangi was extremely elated at this development.
“This is a major victory for the Ministry of Education whose activities have been bogged down by more than 20 suits filed against it by the Musau Ndunda’s association,” Dr. Matiang’i noted.
Last Week, Dr. Matiang’i revoked a letter written by the then Minister for Education, the late Mr. Mutula Kilonzo in February, 2013, recognizing Mr. Ndunda-led association. The letter also gave him authority to collect Shs.2,000 from every school to support its activities.
According to the CS, the court was absolutely in order and had confirmed the rule of law.
He promised to move with speed to ensure Boards of Management are established and inaugurated in each and every school within the next two weeks.
He regretted the fact that schools have been denied to benefit from the wisdom of duly constituted Boards of Management because of the numerous litigations by the parents association.