President Kenyatta had no power to order closure of schools in March - High Court

C

Cassey Tash

Lister
High Court has ruled that President Kenyatta had no power to order closure of schools indefinitely following a surge in Covid-19 cases in the country in March, it has further ordered re-opening within 60 days.

Justice Makau said that the open ended closure of schools in Kenya was a violation of Kenya's school enrolled children and learners' right to education.

The judge has also banned community based learning and declared it illegal.

 
Mwalimu-G said:
The same judiciary will rule that the executive had the responsibility of ensuring that the learning environment is safe? I keep telling you our politics is fucked up mnasema ai!
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The judiciary is still a toddler. Let's give her time. You don't write off an idea because the first or second implementor didn't understand it well or misused it with bias. We all saw the consequences of more than 29yrs of imperialism. Look at UG now. Independence of arms of government and commissions is the way to go. Maraga cancelled a valid election and some of us prayed that we meet him in a dark alley bila bodyguards akule two hot slaps and a lightning sweep, but eventually the constitution set up another race which, though costly to Wanjiku, did justice.

We should give the 2010 Constitution at least 20yrs before we think of overhaul. The legislature is capable of fine-tuning a few clauses into relevancy in the present time.
 
Budspencer said:
The judiciary is still a toddler. Let's give her time. You don't write off an idea because the first or second implementor didn't understand it well or misused it with bias. We all saw the consequences of more than 29yrs of imperialism. Look at UG now. Independence of arms of government and commissions is the way to go. Maraga cancelled a valid election and some of us prayed that we meet him in a dark alley bila bodyguards akule two hot slaps and a lightning sweep, but eventually the constitution set up another race which, though costly to Wanjiku, did justice.

We should give the 2010 Constitution at least 20yrs before we think of overhaul. The legislature is capable of fine-tuning a few clauses into relevancy in the present time.
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My take is that the judiciary should not act like they just landed from the moon and they should always be guided by the best interests of society...and especially in this case, the best interests of the child.
 
Give someone a lifetime appointment and you're asking for trouble, since they have too much power and no oversight at all. Dictatorship of the courts is the end results, we live in times of rulings based on the laws of the constitution but not the spirit and a touch of the not so common commonsense.
 
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