BY SAM ALFAN.
The High Court has overturned a decision by Education CS Dr Fred Matiangi following a petition by KNUT.
A directive was issued by the CS to the effect that primary and secondary schools boards sharing a compound be dissolved.
Kenya National Union of Teachers says Dr Matiangi failed to invite public views, there was no consultation and the directive is illegal and unconstitutional.
“There was never any consultation or public participation prior to the announcement and introduction and implementation of the policy to merge the management of the co-existing schools is unconstitutional,” KNUT says.
They said that dissolving Boards of Managements and directing for the nominations of merged BOMs by 19th December 2017 is tantamount to the amendment of sections 55(i) of the Basic Education Act which require that each and every public primary and secondary have a BOM.
Some of the schools that were to merge under the pilot project include St. Georges Girls Secondary School and St. Georges Primary, Nairobi Milimani Secondary and Nairobi Milimani Primary among other schools.
Danson Macharia, Executive Secretary of KNUT, Nairobi Chapter said that the merger will affect representation of members of the Parents Teachers Association (PTA) which is likely to disadvantage one level.
“There’s no legal provision permitting a Cabinet Secretary to merge BOMs,”he says.
Macharia added that the merger is likely to occasion conflict in regard to existing liabilities (debts) incurred by the respective primary and secondary schools.
Mid this month during the launch of form one selection, Matiangi directed that two schools sitting on the same parcel of land be placed under one head teacher while each unit would have a deputy head teacher.
According to Matiangi the move will minimize the time the ministry spends on resolving conflicts over boundaries, use of facilities such as sports grounds and social amenities among others.