This archive report was first published on 22 August 2020.
On August 22, 2020, a court case against the government's plan to reopen schools was withdrawn by the petitioners. The seven parents who had filed the petition, Michael Otieno, Evance Gor, Mary Akach, Irine Ojwang, Walter Opiyo, Millicent Adhiambo, and Evans Odhiambo, had argued that the institutions would not be pandemic-compliant as per the framework issued by UNESCO.
The parents had also challenged the government's 'selective virtual learning programme' by the Kenya Institute of Curriculum Development (KICD), claiming it disadvantaged pupils and students who lacked access to electricity, electronic devices, and network signal in their areas.
However, after a mediation process recommended by Justice Anthony Ndung'u, the parties agreed to end the case amicably. The Cabinet Secretary for Education, the Ministry of Education, KICD, and the Attorney General were named as the first, second, third, and fourth respondents, respectively.
Justice John Onyiego was chosen as the mediator and was given 60 days to help solve the matter. The petitioners agreed to withdraw the petition on condition that the court orders the government to ensure that all learning institutions have the necessary measures in place to contain the spread of Covid-19.
Advocate George Eshuchi, who represented KICD, stated that the ongoing electronic learning was intended to ensure that students were engaged while at home, and not for the purpose of covering the syllabus. The community-based learning was introduced by the ministry to supplement electronic learning programmes.
