Hold your horses, court tells St Bakhita in school fees row

A private school in Nairobi will have to either refund parents who had paid its new hiked fees or negotiate how it will reduce the amount of money next term.

This is after the High Court barred it from implementing its demand made halfway the second term.

Justice Janet Mulwa ruled that it would be unfair to have parents meet the demands of the new school fees or withdraw their children from St Bakhita. She was of the view that no money would be enough to compensate minors who would either be sent home or transferred from the school owing to the school dispute.

According to the judge, parents had made a case that moved the court to intervene as the law does not give the school’s management all powers to increase school fees.

“This, no doubt, is what has been defined as economic distress. Even if the parents were to be compensated in monetary award in costs, what would be compensation to the children whose ego, love of the school entail? Would this really be compensable by monetary award?” paused Justice Mulwa.

She was of the view that schools are not private clubs whose membership is controlled by few and at the whims of those who wield powers. Instead, she said, they are a part of a society that requires all parties are given a fair chance of hearing.

“It can therefore not be the sole discretion of the defendants as argued by the defendants that the school management can solely increase fees on the educational services without engaging the Parents Teachers Association (PTA),” she said.

In the case, parents lamented that St. Bhakita’s management was unilaterally increasing school fees.

Martin Mutua, Nelson Muhia, and Jairus Kutsuru sued St Bakhita Day-care and Kindergarten, Junior Secondary, and St. Bakhita Holdings Limited on behalf of at least 1,000 parents.

The trio argued that the management had announced in term two this year that parents would be paying hiked fees by 20 per cent.

The court heard that the management cited inflation as the reason to hike school fees.

The school had increased tuition fees by around Sh16,000, transport by Sh1000 and stationary by Sh700 for Grade Six pupils.

For extra-curricular activities, parents were required to double their previous fees. 

Parents lamented that the decision to hike fees mid-year was unreasonable and unfair as they were required to foot unplanned bills.

The court heard that the school issued a notice 21 days to re-opening and had ignored its policy on school fee increament.