Community-based learning programs have been banned by High Court with the presiding judge further ordering for the re-opening of all schools in the next 60 days.
According to Justice James Makau, Education CS George Magoha has no power to order the reopening of schools under the basic education Act.
Makau held that the Education CS violated the Basic Education Act sidelining the National Education Board as well as the County Education Boards in decision-making and action regarding school re-opening.
He emphasized that the observation of
health and safety guidelines is top priority in the context of school re-opening.
The judge held, "An order of injunction be and is hereby issued restraining the 1st respondent (CS) by himself, his assistants and partners, agents, servants or otherwise howsoever together with the 1st interested party, Teacher service commission from undertaking or further executing the community-based learning project in schools and learning institutions across Kenya as announced by the 1st on 30 July 2020."
Makau's decision is based on the fact that the state failed to demonstrate that the community-based learning program was within law and it violated the learners' rights.
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