Education CS George Magoha and his counterpart Health cabinet Secretaries Mutahi Kagwe have challenged the petition seeking to compel them to reopen learning institutions this month. The petition was filed by a parent Joseph Aura.
Represented by their lawyer Moimbo Momanyi, the two government ministries said that the petitioner should be dismissed due to lack of merit that would guarantee him success. The lawyer noted that the case was not new to courts as it had been tried before when the Law Society of Kenya (LSK) challenged curfew hours in another court.
Mr Aura was seeking an order from the court to compel the two cabinet secretaries to reopen education learning centres for face-to-face education in Kenya as from September 1st as, for the next school term.
Further, the parent wants a prohibition of CS Magoha from adversely acting to the better interest of learners in Kenya. Mr Aura argued that in-person learning is better as compared to virtual learning or any other method of learning.
Lawyer Momanyi argued that the petitioner did not demonstrate that he was likely to suffer from the irreparable damages beyond compensation should the court not issue interim conservatory orders. Further, he argued that the petitioner lacked to demonstrate that the orders he was seeking were of public interest.
While defending the respondents, the lawyer said that the Health and the Education Cabinet Secretaries formulated health guidelines and safety protocols that will guarantee a safety reopening of learning institutions which indicates that the two Ministries were working together.
The ministries noted before the court that resumption of learning is not an event as it requires measures that will safeguard health and lives of learners and their guardians, parents and the entire community where schools are located. They added that unplanned reopening of schools will be undermining the set health protocols.