The state has been sued by eight petitioners on grounds of the planned reopening of schools and the unequal distribution of e-learning equipment across the country.
Education, Science and Technology Cabinet Secretary, Ministry of Education Science and Technology, Kenya Institute of Curriculum Development and Attorney General were filed as the first, second, third and fourth respondents.
The eight petitioners included Michael Kojo, Evance Atieno, Mary Omwanda, Irene Adhiambo, Robert Olouch, Walter Akeyo, Millicent Adhiambo and Evans Odhiambo.
The suit was filed through Lawyer Japhet Osoro Kaosa at the Kisii High Court on Thursday, May 28.
The eight argue that the government has not adhered to the United Nations Educational, Scientific and Cultural Organization (UNESCO) guidelines on the reopening of schools.
Another bone of contention was the unequal distribution of e-learning platforms that puts the marginalised at a disadvantage.
The suit wants the government compelled to outline how it intendets to come to the aid of learners who have been affected by floods and those with special needs that require equipment such as a brail for virtual learning.
The petition also indicated that parents who are registered as essential services providers such as health care workers have little time in guiding their children on e-learning which needs some form of supervision.
The activists also want the court to rule that the decision to virtual learning executed in the form of formal education instead of informal which is unconstitutional and therefore null and void.
On his sate address on Saturday, June 6 President Uhuru Kenyatta stated that the Ministry of Education shall announce the new school calendar by the middle of August.
The Head of State also disclosed that gradual reopening of schools across the country shall commence on September 1, 2020.
Education Cabinet Secretary George Magoha on Friday, May 29, stated that the Covid-19 Education Response Committee on the re-opening of schools report was working on a document adding that the reopening of schools would be guided by the health situation in the country.
