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Kenya National Parents Association (Through the Secretary General-Musau Ndunda) v. Cabinet Secretary, Ministry Education Jacob Kaimenyi, Principal Secretary, Ministry of Education, Science & Techonology (Belio Kipsang) & Attorney General

(2019) JELR 100012 (CA)

Court of Appeal  •  Civil Appeal 104 of 2016  •  27 Sep 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, William Ouko, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This dispute appears to have been precipitated by the decision of the 1st and 2nd respondents to call for the election of members of schools parents’ associations in accordance with the provisions of the Basic Education Act, No. 14 of 2013. It was however the appellant’s position that it had the exclusive mandate to organize and conduct such elections. It also objected to the guidelines issued by the 1st respondent to regulate the conduct of those elections, as well as an email from the Ministry of Education that sought to stop elections that were

being undertaken by the appellant. Aggrieved by these actions by the 1st respondent, the appellant petitioned the High Court for declaratory, injunctive and prerogative orders that;

“1. That the Honourable Court issues a declaratory order that the 1st and 2nd respondent by conducting parallel school parents Associations elections are will violate the petitioner’s members right to elect officials of their own choice.

2. That…

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