Education CS George Magoha has been temporarily stopped from implementing the community-based learning program.
Justice James Makau made the directive after a parent, James Aura, through his lawyer, filed a petition seeking to bar the CS from executing the program.
A conservatory order barring the community-based learning initiative was since issued, pending hearing and determination of the case.
At the same time, Aura filed a petition asking the government to re-open schools for third term on September 1, 2020.
Being a father of three, he said that he had lodged the complaints on behalf of his children and other voiceless children enrolled similarly in learning institutions across the country.
He argued that President Uhuru Kenyatta’s order closing institutions in his address to the Nation on March 15, 2020, did not have any legal or constitutional basis.
“I verily believe that as a country governed by the Principle of Rule of Law, the President of the Republic of Kenya cannot step outside the scope of the law and make an extra-legal decision, such as has happened, implicating the right to education,” reads the statement.
Additionally, Aura poked holes at the Ministry of Education for implementing the decision without deliberating with the National Education Board, respective County Education Boards, parents or learners themselves as provided by Section 5(2)(d) of the Basic Education Act.
The petitioner also wants the government to re-open recreation areas for children in the country.
“The oppressive psychological and mental torture inflicted on the school going children because of the open-ended closure of schools effected by the ministry from March till now has gravely injured them,” reads an excerpt of the statement.
The Ministry of Education rolled out the community-based learning program to engage learners to enable them to gain good personal habits, competencies, skills and values.