The High Court has issued an injunction stopping Saint Bakhita School Limited’s decision to increase fees as contained in invoices for the year’s term two.
This decision came after Martin Mutua, Daisy Gathoni Mbugua, Nelson Muhia, Belinda Njeri, Mary Wanjiru, Judith Mulwa, and Jairus Kutsuru sued the school over the fee hikes.
Through their lawyer Charles Mwalimu, at least 1,000 parents expressed worry that the learning of their children might be disrupted due to the fee increment.
The Judge while delivering a ruling stated that the invoices for term II of year 2024 issued by the defendants to the plaintiffs on/or about 9/04/2024 are hereby suspended pending hearing and determination of the suit.
“Consequently, I am persuaded that the plaintiffs have met the threshold for grant of temporary orders of injunction pending hearing and determination of this suit. These orders are directed to the defendants jointly and/or severally in terms of prayer No. 4 at the Notice of Motion Application dated 18/04/2024,” the Judge said in court document.
“The Newsletter/Notice dated 28/03/2024 issued by the 4th defendant captioned “Review of fees for the 2024- 2025 Academic year”, is hereby suspended pending hearing and determination of the suit.”
Furthermore, the court directed that the schools’ fees structure for the period 2024- 2025, prior to the impugned notice dated 28/03/2024 issued by the Defendants to the Plaintiffs shall remain in place and in force pending hearing and determination of the suit.
Parents Opposing Fee Increment
The disagreement arose from the school management’s decision to increase fees without reaching an agreement with parents.
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Additionally, the parents argued that the sudden fee hike, announced with only three weeks’ notice, left them with little opportunity to negotiate or adjust their financial plans.
This short notice period made it difficult for them to explore alternative schooling options or prepare adequately for the increased costs.
The parents further complained that the school management has maintained a policy of fee increments every two academic years for the past 20 years.
They added that the school is obliged to give parents one-term notice before increasing fees as they are also required to give at least the same period if they intend to transfer their child(ren) from the schools.
Bhakhita school had defended its decision saying on March 28, the board saw it fit to increase the fees due to high and rising overhead costs, driven by inflation and other factors.
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Bakhita School Hikes School Fees
The said invoices reflected an increase of transport fees with a margin of 40-41 per cent, tuition fees with a margin of 20-21 per cent and co-curriculum activities with a margin of 20-40 per cent depending on the particular co-curriculum activity.
Grade 6 parents were required to pay Ksh85,479 for tuition fee up from Ksh69,495 per term while parents for Grade 2 pupils were supposed to pay Ksh82,516 for tuition fees up from Ksh68,195.
For transport, the parents will be paying Ksh24,449 up from Ksh23,458, while for stationery they will pay Ksh3,200 from Ksh2,525.
On co-curriculum activities, those in the dance club were to pay twice the amount from Ksh3,000 to Ksh6,000.
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