[2020] KEHC 108 (KLR)
The court held that in matters involving the interests of children, their welfare is paramount and must guide all directions and decisions. Given the extraordinary circumstances of the COVID-19 pandemic and its impact on education, the court found that a collective and mediated approach is suitable for resolving the...
Source-derived case information.
- Citation
- [2020] KEHC 108 (KLR)
- Parties
- Applicant: Michael Kojo Otieno; Applicant: Evans Otieno Oloo Gor; Applicant: Mary Mwanda Akach; Applicant: Irene Adhiambo Ojwang’; Applicant: Robert Sam Oluoch; Applicant: Walter Okelo Opiyo; Applicant: Millicent Adhiambo; Respondent: Cabinet Secretary for Education, Science & Technology; Respondent: Ministry of Education, Science & Technology; Respondent: Kenya Institute of Curriculum Development (KICD); Respondent: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Petition 6 of 2020
- Procedural Posture
- Constitutional Petition / Interlocutory Directions/ruling
- Outcome
- Interlocutory directions issued; petition to proceed expeditiously by written submissions; mediation encouraged.
- Judges
- AG Ndung'u
- Legal Topics
- Right to Education, Childrens Rights, Covid 19 Response, Access to Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kojo Otieno
Applicant
Evans Otieno Oloo Gor
Applicant
Mary Mwanda Akach
Applicant
Irene Adhiambo Ojwang’
Applicant
Robert Sam Oluoch
Applicant
Walter Okelo Opiyo
Applicant
Millicent Adhiambo
Applicant
Cabinet Secretary for Education, Science & Technology
Respondent
Ministry of Education, Science & Technology
Respondent
Kenya Institute of Curriculum Development (KICD)
Respondent
Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Directions/ruling
Legal Issues
- 1 Whether the interests of children are paramount in decisions affecting education during the COVID-19 pandemic.
- 2 Whether mediation is an appropriate mode of dispute resolution in this petition.
- 3 Whether the petition should be heard expeditiously without first hearing the accompanying application.
Ratio Decidendi
The court held that in matters involving the interests of children, their welfare is paramount and must guide all directions and decisions. Given the extraordinary circumstances of the COVID-19 pandemic and its impact on education, the court found that a collective and mediated approach is suitable for resolving the issues raised. The court further determined that expeditious disposal of the petition is necessary and that the application accompanying the petition, which seeks similar orders, need not be heard separately. The respondents were directed to file responses within 14 days, with leave for the petitioners to file further affidavits within 7 days of service. The matter is to...
Court Disposition
Interlocutory directions issued; petition to proceed expeditiously by written submissions; mediation encouraged.
Orders
- Respondents to file and serve responses within 14 days.
- Petitioners granted leave to file further affidavits within 7 days of service of responses.
Full Case Text
Judgment text and source record
31 paragraphs
THE REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CORAM: A.K NDUNG’U , J
PETITION NO. 6 OF 2020
MICHAEL KOJO OTIENO................................................................1ST PETITIONER
EVANS OTIENO OLOO GOR.......................................................... 2ND PETITIONER
MARY MWANDA AKACH.................................................................3RD PETITIONER
IRENE ADHIAMBO OJWANG’........................................................4TH PETITIONER
ROBERT SAM OLUOCH...................................................................5TH PETITIONER
WALTER OKELO OPIYO................................................................. 6TH PETITIONER
MILLICENT ADHIAMBO..................................................................7TH PETITIONER
VERSUS
CABINET SECRETARY FOR EDUCATION, SCIENCE &
TECHNOLOGY....................................................................................... 1ST RESPONDENT
MINISTRY OF EDUCATION, SCIENCE & TECHNOLOGY...........2ND RESPONDENT
KENYA INSTITUTE OF
CURRICULUM DEVELOPMENT (KICD)........................................... 3RD RESPONDENT
HON. ATTORNEY GENERAL................................................................4TH RESPONDENT
RULING
Court: I have considered the submissions by the parties. I have had due regard to the Petition and the accompanying application. To begin with, I note that this is a matter involving children of this country. In any matter involving the interest of a child, the child’s interests are paramount. Any directions given in the matter have of necessity therefore to put that into consideration.
Granted, we are all in the new normal arising from the COVID 19 pandemic that has afflicted the whole world. The disruptions to our political, social and economic lives are there for all to see. The Education sector has not been an exception. Indeed, it is one of the most affected given the nature of the art of learning in our schools where many pupils/students congregate together for instructions.
There is need for a collective approach in seeking solutions to any problems that may arise from effects of the pandemic. It is no longer an issue about us versus them.
In that regard therefore, even as I proceed to give directions on the prosecution of this petition, I am clear that this is one litigation that is suitable for mediation. Our courts have now entrenched this mode of dispute resolution with considerable measure of success.
I urge the parties involved and which should include other stakeholders in the Education Sector to explore the possibilities of a mediated outcome in these proceedings. I take judicial notice of the fact that the Ministry of Education already has a team that is charged with making recommendations on resumption of learning in our schools.
As regards the disposal of the application, I note the need for expedition. An expeditious disposal of the petition will dispense with the need to prosecute the application accompanying the petition. I direct that the petition be heard without the need to hear the application which in essence seeks same orders as the petition.
The respondents are to lodge responses within 14 days hereof and serve. There is leave to petitioners to lodge any further affidavit if so desired with 7 days of service of responses.
I further direct that once the affidavits are closed, the matter in the interest of time and expedition, be heard by way of written submissions. Directions on submissions to be made in the next mention.
Mention 21/7/2020 for further orders/directions.
Dated, signedanddeliveredatKisiithis23rdday ofJune, 2020.
A. K. NDUNG'U
JUDGE