Cecilia .W. Aruda & 3 others v County Director of Education - Nyamira County & another [2016] KEHC 6781 (KLR)
- Court
- High Court of Kenya
- Case number
- 6781
- Citation
- [2016] KEHC 6781 (KLR)
- Decided
- 22 February 2016
The court declared the meeting illegal, improper, and unconstitutional, and granted a permanent injunction against the respondents from appointing the six members who were nominated on 22/07/2015 to represent the parents or community of Nyariacho Mixed Secondary School.
Facts
Petitioners filed a petition against the County Director of Education Nyamira County and the Hon. Attorney-General, alleging that a meeting held on 22/07/2015 to nominate members of the board of management of Nyariacho Mixed Secondary School was illegal, improper, and unconstitutional.
Issues
- Whether the meeting held on 22/07/2015 to nominate members of the board of management of Nyariacho Mixed Secondary School was illegal, improper, and unconstitutional.
- Whether the petitioners are entitled to a permanent injunction against the respondents from appointing the six members who were nominated on 22/07/2015 to represent the parents or community of Nyariacho Mixed Secondary School.
Reasoning
The court held that the County Director of Education failed to notify and give space for public participation, violating the constitutional rights of the parents and community members.
Outcome
The petitioners' claims were upheld.
Orders
- A declaration that the meeting held on 22/07/2015 to nominate the members of the board of management to the said school was illegal, improper, and/or unconstitutional and the same be declared null and void.
- A permanent injunction do issue against respondents herein from appointing the Six (6) members who were nominated on 22nd July 2015 to represent the parents or community of Nyariacho Secondary School.
- Costs of this suit.
Remedies
- Declaration that the meeting was illegal, improper, and unconstitutional.
- Permanent injunction against respondents from appointing the six members who were nominated on 22/07/2015 to represent the parents or community of Nyariacho Mixed Secondary School.
Authorities cited
Legislation (1)
- Article 10 of the Kenyan Constitution
Cases cited (1)
- Thuku Kirori & 4 others –vs- County Government of Murang’a [2014] e KLR
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