Brookhouse Schools Allowed to Resume Virtual Learning After Court Order

All Kenyan Schools to Reopen on January 4

Brookhouse schools in Kenya will primarily remain in virtual learning pending the determination of a petition filed in court concerning fees to be incurred by the parents.

High Court Judge Justice Weldon Korir on Wednesday, granted a Consent Order to allow virtual classes for Kindergarten to Year 4 to resume.  

Brookhouse which follows the British Curriculum welcomed the agreement describing it as a ‘win for the 313 children in Kindergarten to Year 4’.

“This is the proper outcome for the children as so many parents had written to us asking that virtual learning continue to be provided,” Rabih Saab, on Behalf of the Board said in a letter to the parents Wednesday.

The school further noted that the hearing of the main Petition, scheduled for 8 June 2020, will bring clarity to the maintenance of the 50 percent cap on school fees which ‘leaves staff at the school with an uncertain future.

“Whilst we are saddened that such a matter must be handled through the court, the school is resolute in its commitment to ensuring the matter is resolved fairly with a focus on the best interest of the children,” read part of the letter.

Consequently, all parents of students from ELS to year 13, are required to clear all fees due in line with the existing 50 percent payment outlined by the court by Monday 18 May ‘regardless of whether the opportunity for live virtual learning is accessed by parents.’

The Board reiterated that it will continue to accommodate its younger students whose parents would prefer to receive homework packs rather than attend live virtual learning.

“It has always been a key goal of the Brookhouse Board that no child is left behind in the learning process,” says Saab.

In the petition, parents at Brookhouse schools moved to court protesting over the institution’s requirement that they pay full fees for the first term.

Through their lawyer Ahmednassir Abdullahi, the parents sought to have the schools allow them to pay only 30 percent of the school fees.

They argued that offering virtual classes at the same rate as regular school terms amount to a contravention of consumer rights and violate Article 46 of the Constitution.

The school is represented by Taib Ali Taib, leading the Anjarwalla & Khanna team (Aisha Abdallah, Faith Macharia, and Ahmed Jelle).

Kiragu Kimani, Elijah Mwangi, and Eddy Owiti are representing a separate group of parents known as DPGT, applied to be enjoined as interested parties. The group says they are not represented by the BPA and are opposed to the Petition. They applied to set aside the ex parte orders suspending learning and capping fees at 50 percent.