President Uhuru Kenyatta went against the law when he declared the indefinite closure of schools on March 15th 2020, the High Court has ruled.

Justice James Makau ruled that the order was a violation of school-enrolled children and learners’ right to education.

The judge further ordered the resumption of in-person learning within the next 60 days.

The court also banned community-based learning declaring it illegal.

High Court Justice James Makau
High Court Justice James Makau

Education CS George Magoha

Justice Makau also ruled that decisions made by Education CS George Magoha in contravention to the Basic Education Act were also illegal.

The suit was filed by a parent Joseph Enock Aura through his lawyer, Harrison Kinyanjui.

"By decreeing that no person will attend educational institutions across Kenya from March 16, 2020, to January 2021 without any legally or scientifically justifiable basis, the Education CS violated the Constitution.

“For Education CS to now direct that these Children are to repeat their final class in the year 2021 on dubious and unsound bases is categorically unconstitutional and violation of section 7 of the Children Act," Aura stated in court papers.