Crawford International School parents suffered a blow yesterday when the High Court dismissed their opportunity to constrain the state to prepare and serve to the National Assembly a bill to slash school fees for the private institution.
These parents were seeking an order for Education CS Magoha and the Attorney General Kariuki to come up with arrangements that would guide schools that offers an international curriculum in the country.
The High Court Justice, Weldon Korir dismissed their case noting that taxpayers money do not go to private learning institutions and therefore private schools should be allowed to charge according to their market situation; demand and supply. He remarked that markets decide their cost of products.
He appended that the resolution should have been handled by the executive and legislature who have the powers to determine whether private schools fees should be lessened urging those who were against the school to further their matter to the National Assembly for insertion into law.
The judge heeded that the matter needs more than a judge's determination as it may lead to solemn implications. The case started in a series of occasions when parents, mostly from magnanimous private schools started lamenting of the high online schoolings fee charges.
The judge observed that the claimant failed to satisfy the court with solid reasons as to why Education CS Magoha and the Attorney General should be obliged to formulate that measure. He, however, said that he was not in agreement with Magoha and Kariuki's assertions that the High Court does not have powers for formulating laws on behalf of the executive.
The judge also commented that the government has the onus of executing concerns in private institutions. The economic liberalisation was formulated in 2011 to enable the state to gain control over important commodities.
Under the current circumstances, consequently, the Treasury secretary has the mandate of publishing a gazette notice directing the prices of vital goods but in cooperation with stakeholders.