[2017] KEHC 4355 (KLR)
The court found that the dispute regarding the administrative transfer of the two schools was primarily an issue of education governance falling within the purview of the Migori County Education Board under the Basic Education Act. There was no evidence that the petitioners had formally lodged the dispute with the...
Source-derived case information.
- Citation
- [2017] KEHC 4355 (KLR)
- Parties
- Applicant: Samson Getobai Maroa; Applicant: John Kimwama Mohochi; Respondent: The Ministry of Interior & Co-ordination of National Government; Respondent: The Ministry of Education, Science & Technology; Respondent: Kenya National Bureau of Statistics; Respondent: The Honourable Attorney General
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Petition 11 of 2015
- Procedural Posture
- Constitutional Petition / Ruling on Referral to Administrative Board
- Outcome
- Dispute referred to Migori County Education Board; status quo maintained pending Board's decision.
- Judges
- AC Mrima
- Legal Topics
- Right to Fair Administrative Action, Discrimination, Education Governance, Jurisdiction of Administrative Bodies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Samson Getobai Maroa
Applicant
John Kimwama Mohochi
Applicant
The Ministry of Interior & Co-ordination of National Government
Respondent
The Ministry of Education, Science & Technology
Respondent
Kenya National Bureau of Statistics
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Referral to Administrative Board
Legal Issues
- 1 Whether the transfer of administration of Isebania Boys High School and St. Anne’s Girls Boarding Primary School from Isebania Division to Mabera Division violated the petitioners' right to fair administrative action under Article 47 of the Constitution.
- 2 Whether the administrative decision was discriminatory against residents of Isebania Division contrary to Article 27 of the Constitution.
- 3 Whether the dispute should have been first addressed by the Migori County Education Board before approaching the court.
Ratio Decidendi
The court found that the dispute regarding the administrative transfer of the two schools was primarily an issue of education governance falling within the purview of the Migori County Education Board under the Basic Education Act. There was no evidence that the petitioners had formally lodged the dispute with the Board prior to approaching the court. The court held that the matter should first be addressed through the statutory dispute resolution mechanisms provided by the Act. Accordingly, the court referred the dispute to the Migori County Education Board for determination, maintaining the status quo pending the Board's decision. The court emphasized the importance of exhausting...
Court Disposition
Dispute referred to Migori County Education Board; status quo maintained pending Board's decision.
Orders
- Petitioners to formally lodge the dispute with the Migori County Education Board within 21 days together with a copy of the ruling and order.
- The dispute to be expeditiously dealt with in accordance with the Basic Education Act; status quo to be maintained pending outcome.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
PETITION NO. 11 OF 2015
IN THE MATTER OF: ARTICLES 1 (1), 2(2) & (5), 10(2), (B) & ( C), 20 (1), 21(1), 22(1), 27(1), 47(2), 48, 50(1), 165 & 258 OF THE CONSTITUTION, 2010
AND
IN THE MATTER OF: VIOLATION AND/OR INFRINGEMENT ON THE FUNDAMENTAL RIGHTS OF THE PETITIONER
AND
IN THE MATTER OF: ISEBANIA AND MABERA DIVISIONS
AND
IN THE MATTER OF: BUKIRA AND BUGUMBE CLANS
AND
IN THE MATTER OF: ISEBANIA BOYS HIGH SCHOOL
AND
IN THE MATTER OF: ANNE’S GIRLS BOARDING PRIMARY SCHOOL
AND
IN THE MATTER OF: THE CONSTITUTION OF KENYA (PROTECTION OF RIGHTS & FUNDAMENTAL FREEDOM) PRACTICE AND PROCEDURE RULES, 2013
BETWEEN
SAMSON GETOBAI MAROA
JOHN KIMWAMA MOHOCHI ……………………………….........................................………PETITIONERS
AND
THE MINISTRY OF INTERIOR & CO-ORDINATION OF NATIONAL GOVERNMENT ….. 1ST RESPONDENT
THE MINISTRY OF EDUCATION, S & TECHNOLOGY……........................................... 2ND RESPONDENT
KENYA NATIONAL BUREAU OF STATISTICS …………......................................…….. 3RD RESPONDENT
THE HONOURABLE ATTORNEY GENERAL …………….........................................……. 4th RESPONDENT
RULING
1. The instant Petition raises concerns on the administration of two schools within Migori County. They are Isebania Boys High School and St. Anne’s Girls Boarding Primary School.
2. The Petitioners contend that whereas the two schools are physical situated within Isebania Division of Migori County, for unknown reasons, the second Respondent herein transferred their administration from the Isebania Division to Mabera Division to the detriment of the Petitioners and all those who live within Isebania Division who are to cover longer distances to Mabera Division when dealing with administrative issues on the twin schools.
3. The Petitioners now challenge that unilateral decision to have been made in contravention of their right to a fair administrative action under Article 47 of the Constitution of Kenya, 2010 and that the prevailing status contravenes Article 27 of the Constitutionas it is discriminatory to those living within Isebania Division who must go all the way to Mabera Division on issues pertaining to the schools which schools are in their neighbourhood.
4. It is alleged that the Petitioners have severally raised their concerns with the second Respondent (the Ministry of Education, Science and Technology) and the former provincial administration in vain hence the filing of the instant Petition.
5. The Basic Education Act, No. 14 of 2013 (hereinafter to as ‘the Act’) which is an Act of Parliament giving effect to Article 53 of the Constitution in inter alia promoting and regulating free and compulsory basic education and which provides for the governance and management of institutions of basic education places the overall responsibility of the governance and management of basic education in the entire country to the Cabinet Secretary for the time being responsible for matters relating to basic education and training.
6. The Cabinet Secretary discharges the responsibility through various institutions including the National Education Board whose agents are the County Education Boards, the Quality Assurance and Standards Councils, the County Governments among many others.
7. One of the duties of the County Education Boards is dispute resolution. I have carefully perused the Petition and the responses thereto and there seem to be no evidence that the matter was otherwise dealt with before filing in Court. That may explain the lamentations by the Petitioners that despite all efforts, the matter was not attended to as expected.
8. As the dispute involves people living within Isebania Division where the schools are situated and the administration of those schools by the parent ministry, it is my very considered view that this matter can greatly benefit from the intervention of the Migori County Education Board. I will therefore refer the dispute to that Board accordingly.
9. Consequently, the following orders hereby issue: -
a. The Petitioners shall formally lodge the dispute with the Migori County Education Board within 21 days of this date together with a copy of this ruling and the resultant order.
b. The dispute shall be expeditiously dealt with in accordance with the Basic Education Act and the prevailing status quo shall be maintained pending the outcome.
c. The Migori County Education Board shall file its decision in this Court not later than the 30thday of September 2017.
d. Further directions to be taken upon filing of the decision.
Orders accordingly.
DELIVERED, DATEDandSIGNED at MIGORI this 29th day of June 2017.
A. C. MRIMA
JUDGE