Court overturns election of Nicholas Maiyo as National Parents Association chairman
New officials of the National Parents Association during a press briefing at Milimani Law Courts on September 20, 2022.
The High Court has overturned the election of Nicholas Maiyo as the chairman of the National Parents Association (NPA).
Mr Maiyo has been replaced by Mr David Silas Obuhatsa.
At the same time Justice Hedwig Ong’udi has revoked the Gazette Notice No.8777 dated May 31, 2022 which recognised Mr Maiyo and others as officials of NPA.
Other national officials of NPA who had been gazetted alongside Mr Maiyo and whose election was revoked are Ms Sarah Kagendo Mitambo, Mr Jeremiah Nyakundi, Mr Onesmus Johnes Kauwi, Mr Patrick Lumumba Olali, Ms Rose Otiak and Mr Mohammed Awadh Omar.
In addition, the court has permanently restrained Mr Maiyo and his entire committee from transacting any business on behalf of parents nationally.
“A permanent order of injunction be and is hereby issued restraining Nicholas Maiyo, Sarah Kagendo Mitambo and Jeremiah Nyakundi whether by themselves, their proxies, agents and or servants from presenting themselves to the print, electronic media and general public as officials of the NPA and are further restrained from attending or participating in any Educational forums organized by either the Ministry of Education or any other education stakeholders,” ordered Justice Ong’udi
Mr Maiyo has also been ordered to hand over within seven days from the date of this order (September 19,2022), bank accounts, the website, receipt books, office files, sponsorship agreements, membership registers and any other official documents of NPA including the Offices of NPA on the 13th Floor No.1305 at the Reinsurance Plaza, Taifa Road, Nairobi.
The judge also barred the Mr Maiyo team from accessing the offices.
Justice Ong’udi approved the leadership of Mr Obuhatsa who was gazetted vide Gazette Notice No.10685 on September 9 ,2022.
Other officials gazetted alongside Mr Obuhatsa are Joseph Langat (deputy national chairman), Eskimos Kobia Kirumbi (secretary general), Caroline Madina (treasurer), Nancy Chege (deputy treasurer), Cecilia Cheptumo (organizing secretary), John Njiraini (member),Rogen Mwawasi (member), Absolom Mukuusi (member) and Sammy Ndunda Mbae (chief executive officer-CEO).
The orders of Justice Ong’udi have been served on Education Principal Secretary Julius Jwan,TSC boss Nancy Macharia, Knut Secretary General Collins Oyuu his Kuppet counterpart Akelo Misori , the Kenya National Examination Council (Knec) and all other relevant offices in the education ministry and departments.
The orders were made following a suit filed against Mr Maiyo by the new team which has assumed office.
The National Elections Board (NEB) called for new elections of the NPA in May thisyear, after the High Court nullified the election of the former leadership.
The new election was conducted on August 27, 2022.
The parent’s association embarked in a process of electing new leadership last year February after more than 20 parents across the country petitioned the Ministry of Education to order for fresh elections saying Mr Maiyo’s team was elected illegally.
Mr Maiyo and his team took over leadership in October 2016.
In Kenya, there are more that 15 million parents in both public primary and secondary schools served by the association across the country
In February last year, High Court judge Antony Mrima for a fresh election at NPA.
The judge ruled that Mr Maiyo’s team was elected illegally as there were no adequate public participation ahead of the elections and some parents were never accorded chance to vote.
Violation of rights
The judge said, the decision by Ministry of Education to allow elections to proceed without giving others a chance to participate was a violation of their rights.
“The court is satisfied that other parents were never served with any notice for the election of the association’s office bearers and such, the election of the current officials was procedurally unfair and does not meet the constitutional test of reasonability,” ruled Justice Mrima.
Mr Maiyo was illegally gazette as the chair again in May 31, 2022 occasioning the new leadership to move to court to quash the Gazette Notice by the Ministry of Education.
