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Primary School pupils have sued Education Cabinet Secretary George Magoha.
The pupils from three schools in Mombasa have asked the court to order the Education CS to re-open their institutions.
CS Magoha had directed that the three schools, Greenfield School, Sinbad Academy and Shanzu Preparatory School in Mombasa be shut down due to sub-standard facilities.
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Schools shut down due to sub-standard facilities
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However, pupils from the three schools have argued in their petition that the closure was illegal in the suit filed under a certificate of urgency.
Illegal action
The 315 learners argued that the government’s decision affected their learning especially the over 100 Kenya Certificate of Primary Education (KCPE) exam candidates.
According to the pupils' lawyer, Anthony Atancha, the learners are unable to access education due to the unavailability of public schools and affordable private institutions near their homes.
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Schools shut down due to sub-standard facilities
The learners have asked the court to declare that CS Magoha’s action of closing the learning institutions an infringement to their constitutional rights to acquire an education.
The pupils have further claimed that the schools are legally registered under the Alternative Provision of Basic Education and Training (APBET) category.