Kenya Insights

Tag: Makini Schools

  • Makini School Ordered To Pay Sh 600,000 to Two Top-Performing Expelled Minors

    Makini School Ordered To Pay Sh 600,000 to Two Top-Performing Expelled Minors

    Makini School has suffered a setback after a Nairobi court ordered them to pay Sh 600,000 to two minors who were unlawfully expelled from school.

    In his Judgement, Justice Lawrence Mugambi ruled that their dignity and mental health was violated by the said expulsion that was done illegally.

    In the case, the minors through their mother sued the school arguing that the expulsion of the two was unjustified.

    The minors were expelled following an alleged disagreement between the school and their parent with court papers alleging that on July 7, 2023, the children were reportedly removed from class and handed termination letters by head teacher Catherine Njuguna, who directed them to wait for their parents at the pickup area.

    Through lawyer Apollo Mboya, the parents said the expulsion was unjustified adding that the kids were top-performing students with no history of disciplinary issues.

    Justice Mugambi faulted the school for how it expelled the two minors considering the dispute in question was with their father and not the children who did not know anything.

    “A declaration is hereby issued that the manner in which the School through its agents treated the minors following its decision to terminate their contract with their father violated their inherent dignity under Article 28 and the minors’ mental and psychological well-being in violation of Article 29 (d) of the Constitution,” the court ruled.

    It was the court’s opinion that at all times, the school should have at all times directly dealt with the parents on the question of terminating their relationship with the school.

    “Once the information got to the parents, it was up the parents to consider how best to deal with that situation including relaying the information to minors affected by the school decision as this was not a controversy between the school and the children,” the court ruled.

    The court said that although it was within the rights of the school to terminate the contract in accordance with terms of the contract, it could not rely on the terms contract to violate the rights of the minors that the Constitution guarantees.

    “Considering that that the minors were unaware of the differences between their father and the school that led to termination of the contract and which rendered their stay in the school no longer tenable, due to the lapse of the parent-school contract under which they were the beneficiaries; I do not find the manner in which the Respondents treated the minors to be in accord with dignity of the minors,” the court ruled.

    Lawyer Mboya said the kids were physically ejected from the classroom and isolated from the rest of the pupils.

    He argued that the expulsion subjected the children to cruel, degrading treatment, causing severe emotional distress.

    Mboya described the school’s actions as “precipitate, hasty, petty, malicious, capricious, draconian, and discriminatory,” emphasizing the profound anguish caused to the minors and their family. Judge Mugambi’s ruling underscores the importance of protecting students’ dignity and well-being within educational institutions.

  • Makini School PTA Chairman Accused Of Using His Position For Self-Interest

    Makini School PTA Chairman Accused Of Using His Position For Self-Interest

    By Boniface Mwangi

    Nixon Bugo, Makini Schools’ longest-serving PTA chairman, finds himself in unfamiliar territory after attracting a lawsuit for defamation due to his squabbling antics. Court documents paint a picture of a man who has not been shy to engage in alleged self-serving high-handed ways at the school.

    Bugo, who has been PTA chair since 2019, has been sued for defamation following claims that the management at the learning institution carry guns on site, and smoke in the company of pupils.

    Kenya’s premier, prestigious learning institution, Makini School, has obtained orders against Bugo, who has been accused of inciting his colleagues by publishing malicious and defamatory allegations.

    Consequently, Makini School and its regional director, Horace Mpanza, have extracted a court order restraining Bugo from publishing any further defamatory statements concerning the institution.

    The order granted by Principal Magistrate John S. A. Opande on August 2 this year reads, “the application dated July 17 2023 be served for inter-partes hearing on August 2, 2023. In the interim prayer no. 2 is allowed, pending the hearing.”

    In the application, the petitioners had applied for among other things that “ a permanent injunction restraining the defendant (Nixon Bugo), his agents or any persons acting under his instructions from publishing, posting, or making any further defamatory statements concerning the plaintiff. “

    This suit is the result of a long-running feud that has pitted Bugo and some members of the PTA against the school’s management. The school says that Bugo began his campaign in 2019 and has since resorted to defamation and character assassination against the current Managing Director, Mpanza.

    Upon his election in 2019, Bugo made several claims against the school and its new management, to the effect that parents were withdrawing their children because of what he claimed was the poor state of some infrastructure and the mistreatment of some staff.

    However, the 45-year-old school that was started by Dr. Pius Okelo and Dr. Mary Okelo in 1978 but was sold in 2018 to Johannesburg Stock Exchange (JSE) listed ADvTECH, has dismissed the allegations as a smear campaign. In the last four years, ADvTeCH, who own about 100 schools across Africa, have invested Sh377.9 million in fixed assets and repairs and maintenance in Makini.

    The data shows that, contrary to claims of children being withdrawn, the school enrolment had in fact gone up, and that Bugo himself has fought to keep his children in the school he has been impugning.

    The school, in reserving its right to admission this year, refunded Bugo the fees for his two children and asked him to find a suitable environment for his children to learn. Bugo, through his wife, went to court to have the school decision reversed. The courts asked the school to allow the pupils to sit for their end-of-term exam.

    Bugo has also politicized management decisions to relocate one of the school’s campuses and claimed that some long-serving staff had been targeted for sacking while the school argues that, in fact, their pay had been enhanced.

    In one of the instances, court documents show, Bugo convened a virtual meeting and turned it into a campaign where he made serious allegations about the school’s infrastructure, maligned the character of some teachers, and accused the management of allowing guns in the school. Bugo also appealed to the over 100 attendees to take radical action against the school.

    These allegations, the management of the school argues, were calculated to excite and incite other parents against the school management.

    According to Makini’s rules, Bugo ought to have relinquished his position in 2021 after serving three years but he has not done so, breaching the school’s constitution.

    Under his chairmanship, Under Nixon Bugo chairmanship, the PTA wanted to stop the introduction of the Cambridge curriculum to run parallel with 8-4-4, claiming that parents had not been consulted, that this was a move to replace Kenya’s education system entirely, and that it was incompatible with the country’s education framework.

    PTA’s are an ancillary structure in any school’s organization, and are supposed to provide a platform for dialogue between parents and the school administration for the betterment of the student’s education welfare. It is also supposed to be instrumental in promoting charity that benefits the school environment.

    According to court filings, Bugo has used his position not only to malign the school’s reputation, potentially disrupting learning to students including his own, but also tried to give the PTA more powers and responsibilities than provided by the law.

    During the virtual meeting on July 8th, he asked attendees to pass resolutions to freeze school fees increases and dismissal of employees for a period of two years.  This was against the norm where the final decision on such matters is made by the school’s management, after consultations with parents.

    Bugo’s tenure has continued to cause unnecessary friction between the school and parents. The management of the school argues that his behaviour over the last four years has been increasingly antagonistic and disruptive, twisting critical facts to suit a narrative that might be driven in part by xenophobia or something else.

    The soured relation between the PTA and the school has undermined an important point of contact among the stakeholders in the learning environment and may compromise the legacy of the institution that Makini has painstakingly built for decades. Since 2019, the school has posted excellent results in national examinations and produced top scholars.

    The conflict now risks disrupting learning, which will not benefit anyone involved and the unintended victims of this stalemate will be learners who simply want a quality education in a safe, sane, environment.

  • Makini Schools MD On The Spot Over Alleged Frustrating Of The Staff And Harassing Parents With Guns

    Makini Schools MD On The Spot Over Alleged Frustrating Of The Staff And Harassing Parents With Guns

    The Parents Association of Makini School has written to the chief executive officer Horace Mpanza over various allegations including carrying firearm within the school.

    The association through lawyer Apollo Mboya accuses the Mpanza of exhibiting aggressive behaviour towards them, the staff and learners.

    In a demand letter, the association alleges that the CEO who is a South African national of carrying a firearm within the school compound.

    The parents allege that this causes an atmosphere of fear among the teaching staff, support staff, parents and learners.
    Others accusations include dismissing a member of staff for having a tissue papers similar to the ones used at the school, smoking within the institution in the presence of learners and putting up an irregular structure within the institution as a smoking zone.

    “The CEO does not accord a hearing to parents, teachers and staff who seek consultations about their concerns,” states the demand letter.

    On the Welfare of the learners it is alleged that the CEO sends learners home in the most humiliating manner for fee arrears, embarrassing them with their parents by shouting at them.

    The parents’ further claim the school is not in fully compliant with the CBC requirements as there is no Home Science Laboratory and the high staff turnover which has affected the education standards and has made the Ministry of Education drop Makini from being a center of excellence of studies.

    “The CEO interferes in the affairs of the Parents/Teachers Association including calling the Cooperative Bank of Kenya to deny access to the PTA Bank accounts and the CEO is extremely arrogant towards the PTA chairman who was kicked out of the CEO’s office when he went to consult on issues of concern,” states the letter to Makini School.

    It further alleges that the physical Education teachers are on contract basis and are only interns who serve for a short period.

    Mpanza is further accused of constantly refusing to meet with PTA members to discuss matters of concern to parents.

    “Our instruction is to demand which we hereby do, that you give your response to these allegations within three days from the date of receiving this letter to enable our clients determine the next course of action of informing the relevant authorities including the Ministry of Education. Department of Immigration and Directorate of Criminal Investigation,” demands the school parent association.

    But the CEO in response has denied all allegations labelled against him saying he has always welcomed stakeholders to discuss, in an amiable and organized manner, the welfare of the students whom he considers to be of paramount importance.

    “As such, he takes great offence at every allegation directed at his character and in particular the allegation that he wields a firearm in the school premises that is used to harass and intimidate members of staff and this statement is completely defamatory and is intended to malign not just the character and integrity of the CEO but also to paint our Clients’ school as an unsafe environment,” states the letter responding to allegations against him.

    Makini School further claims that it maintains the highest standards of hygiene at all their campuses and the membership of the PTA, “which we note is primarily composed of parents – many of whom drop and collect their children on a daily basis, are welcome to confirm as much at any time.

    “It is unfortunate that such a baseless and sweeping allegation has been levelled so soon after the world is recovering from a global pandemic that required all institutions to ramp up their health and hygiene standards and this allegation is calculated to demean our Clients’ school in the minds of right thinking members of society and especially within the parent community within which your letter has been heavily circulated. It is defamatory and actionable,” says Makini School.

    Mpanza adds that he has always centered and shall continue to center the welfare of the students and the ‘concerns’ made against him are completely without merit and he welcomes the membership of the PTA to discuss any legitimate concerns with him.

    “Please be advised that by virtue of their own Constitution, the PTA does not at present, have any office bearers. The term of the Chairman whom you purport to act for expired in 2022 and he is not eligible for re-election,” says the response.

    However, in what seems as an attempt to silence the association, the school has suspended two children belonging to a top official from the school.

    “Consequently, please be advised that due to your ongoing undermining actions it is no longer tenable to have you as a parent of the School, we have no option but to hereby notify you of our decision to terminate the contractual relationship between you and Makini School with immediate effect. You are directed to immediately withdraw your children from the Makini School. Any monies that you have pre-paid or are due to you will be immediately processed and refunded. Please be assured that the School will provide you with any records that you may require to assist you obtain admission for your children in an alternative institution of learning,” states the letter from Makini School.

    The school management has cancelled a notice dated 16 June 2023 calling for the Annual General Meeting on 8th July 2023 for unknown reasons.

    However , the parents have protested the school move which was communicated to parents purporting to cancel the 35th annual general meeting.

    The school operations manager Gary Wagner through email and letter dated 7th July 2023 purported to cancel the meeting.

    The parents argues that the agenda in the said Notice, the scheduled meeting was to address among others serious issues raised by the Parents/ Teachers Association as summarised in their letter dated 5th July 2023.

    “The school and even the operation manager thereof cannot therefore purport to cancel the Annual General Meeting of the Parents/Teachers Association,” states the letter from the lawyer Mboya.

    In the letter, the parents informs the Makini School that the Annual General Meeting will proceed as scheduled on 8th July 2023 as contained in the Notice and that, the school should cease and desist from intimidating the Teachers and Parents from attending the meeting.

    “In the event that there is disruption of the meeting, we shall take legal action to recover the costs of the meeting including for Catering, Public Address System and the expenses of parents who have travelled from everywhere to attend the meeting,” parents association informed the school.