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Newsunplug Kenya > Blog > News > parents file a lawsuit after the school raises term two fees
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parents file a lawsuit after the school raises term two fees

Ivy Irungu
Last updated: May 15, 2024 6:13 am
Ivy Irungu 1 year ago
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As schools open for the second term of learning, parents of St. Bakhita Schools have taken legal action over what they perceive as an abrupt increase in school fees. The disagreement between the school’s management and some parents regarding the raised fees prompted the parents to file a case in court. Justice Christine Meoli of Milimani Law Courts has scheduled the hearing date for May 27, 2024.

In their petition, around 1,000 parents expressed dissatisfaction with the school for not providing them with sufficient time to financially prepare for the fee hike. They fear that their children might be barred from attending classes due to outstanding fee balances resulting from the sudden increase. Charles Mwalimu, their lawyer, argued that raising school fees in the middle of the year, particularly amid uncertainties caused by heavy rains and floods, severely limits parents’ ability to negotiate.

The petitioners are suing several entities including St. Bakhita Schools Limited, St. Bakhita Daycare and Kindergarten Limited, St. Bakhita Junior Secondary School Limited, and St. Bakhita Holdings Limited. They claim that the three-week notice provided by the school was inadequate for them to adjust their budgets and meet the new payment requirements.

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The parents seek the court’s intervention to prevent the school from implementing the new fee structure until a consensus is reached. Lawyer Mwalimu emphasized that the school, as the stronger party in the contractual relationship, should not take advantage of its position to impose unilateral decisions on parents.

However, the school’s management urged the court not to grant the parents a stay order, asserting that most parents had already accepted the new fee structure. Lawyer Wilfred Mutubwa, representing the school, stated that the school was willing to collaborate with aggrieved parents to develop a payment plan. Additionally, the school director, Felista Mutuku, attributed the fee increase to inflation, resulting in higher maintenance costs.

“It is not true that the management has abused the discretion but it has always been open to accommodate and engage the parents on the issue,” his statement read in part.

He emphasized that the management has always been open to dialogue with parents on this issue.

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