A medical doctor resident in Nakuru has moved to court seeking stay orders on Education Cabinet Secretary George Magoha's actions while at the helm of the ministry.
Dr Benjamin Magare, a father of five, moved to court on behalf of two of his daughters who together with thousands of other Kenyan children he says are adversely affected by the ministry's management of the 2020 academic calendar.
According to the medic, the ministry's decision to abort part of the 2020 academic calendar was irrational and led to the loss of time and huge amounts of money paid as fees.
Dr. Magare listed CS George Magoha, the Ministry of Education, Attorney General, and the national examinations body as respondents in the matter.
"The respondents made this decision well aware that at the time the physical primary schools were closed on March 2020, my daughters and other pupils/students and all the Kenyan pupils had almost completed term 1 2020 curriculum.
"My daughters and/or other pupils had completed paying school fees for the year 2020, fees loss of which has gone to the drain literally," the medic argued in his submissions before Justice Joel Ngugi at the Nakuru High Court.
In the petition, the medic says the decision allowing only grade 4, Class 8 and form 4 students resume learning fails to cater for other learners including his daughter, a class 7 pupil in Nakuru.
He wants the court to intervene in the matter, accusing CS Magoha and the other respondents of ignoring home-based learning and the physical progress made earlier in 2020.
"This matter is not about re-opening of physical schools but about the irrational administrative action of stopping admission of new pre-primary (PP1) children and barring of the progress of my daughters and thousands of other Kenyan pupils to the next classes and stopping of their registration and sitting of National Examinations for the year 2021 especially KCPE and KCSE," he stated.
He said the ministry's reasons for not having national exams class 7 and form 3 students in 2021 were irrational and unverified with no scientific basis.
Magare was expecting his daughter to sit for KCPE in 2021. The ministry has only scheduled KCPE and KCSE for the current class 8 pupils in March this year.
Justice Joel Ngugi is expected to sit in for mention and further direction on the matter on Wednesday, October 14, 2020.