Blow to Brookhouse parents as High Court declines to order reduction of school fees
Brookhouse parents were on Thursday dealt a blow after the High Court declined to reduce school fees ruling that the rights of all stakeholders must be balanced.
The petitioners argued that upon the government directive for closure of schools following outbreak of the COVID-19 pandemic, the institution continued with a format of online/virtual classes with a paltry discount of 10 per cent on the shcool fee.
This, they said, contravened Article 46 of the Constitution and sections 3(2), (3), (4), 4(1) and 13 of the CPA hence is “void, unlawful and of no effect.”
They thereby sought to instead be allowed to offset up to 50 per cent of school fees pro forma for term 3 of the school year 2019-2020.
In his ruling however, Justice Weldon Korir said the market dictates the cost of the product being offered adding that the constitutional rights of the parents has to be balanced against those of the school and investors.
Justice Korir stated that the court cannot order a reduction in school fees since this does not fall in its mandate.
The court also stated that people buy goods and services they can afford, hence it is unreasonable for parents to take their children to a private school and then demand fee reduction.
The school and parents were further directed to establish a PTA which meets the requirements of the Basic Education Act within 120 days.