Brookhouse parents lose fight over school fees

The High Court has rejected Brookhouse School parents’ bid to order the management to reduce fees payable for online learning.

Justice Weldon Korir, however, directed the management of the school to consult the parents before making any decisions that affect children's schooling including virtual learning and obtain consent of their parents before implementing the policies or changes.

“It is therefore my finding that the petitioners have not made out a case for faulting the first and second respondents for not seeking licencing from the 4th Respondent before offering virtual classes. Consequently, this particular ground in support of the petition fails,” the Judge said.

The judge said parents do not pay peanuts in school fees and in his view, the right to basic education being a constitutional right should be accompanied by constitutional values.

He said the closure of schools was abrupt and there was no time for meaningful engagement as the management of the school was required to deliver their part of the bargain despite the changed circumstances.

Judge Korir added that in the circumstances, the consultation that took place at the time of the introduction of the new mode of learning was adequate.

“It is noted that the studies offered by the School are pegged on an international system of education which had not been suspended at the time the Kenyan schools were closed. The School had a contractual obligation to prepare the children for the examinations,” he said.

He said the parents who moved to court are by virtue of Section 55 (2) and (3) and the Third Schedule of the Basic Education Act, 2013 entitled to be members of a parents association.

“The establishment of a parents and teachers’ association as per Section 55 (3) of the BEA is the responsibility of the school. In the circumstances, an order is issued compelling the 1st and 2nd respondents to forthwith, and not later than 120 days from the date of this judgement, establish a parents’ association which meets the requirements of the Act,” the Judge said.

The parents rushed to court seeking a reduction of school fees and the suspension of online classes for kindergarten and lower primary.

They accused the management of reducing the fees by a paltry 10 percent, yet the schools have remained closed as a result of Covid-19 pandemic.

Through lawyer Omwanza Ombati, the parents using the initials BPA, termed the school’s board of directors’ “paltry” discount as unlawful.

The judge, however said the parents failed to demonstrate the inferiority of virtual learning. And although free and basic education is indeed an important constitutional right, the responsibility of discharging that mandate rests on the State and not private entities.

“Private schools are not funded by the State and they must charge fees in order to provide services. The onus of determining whether fees for private schools should be capped is an issue for the Executive and Parliament,” he said.