Background
The High Court will deliver on July 4 a ruling on the feisty school fees increments at St Bakhita Schools. Justice Janet Mulwa set the date after receiving closing submissions from both parties on Wednesday. It’s the Parent’s case that school fees increment be postponed until 2025.
Parents’ Argument
Represented by lawyer Charles Mwalimu, the parents argue that notice of the fee increment was short. They say that the changing of amounts in the middle of the year has denied them of any bargaining position. Based on previous conduct, they expected the fee increases to be biennial. The increment was dated March 28, 2024 and was received by the parents on April 2 through the various class WhatsApp groups. The increment involved a 40% increase on fees and 20% on co-curricular activities, which affected parents say was substantial, so they had little choice other than to either take their children elsewhere or realign their financial plans.
The economic pressure, as spelled out by Mwalimu on behalf of several plaintiffs including Martin Mutua, Daisy Mbugua, Nelson Muhia, and others, pushed them to the edge, prompting them to drag St Bakhita Schools Limited and its affiliates to court in May 2024 following the fee increase.
Temporary Orders and PTA Support
At the moment, however, the status quo is maintained with the temporary orders until the court decides in July. The Parents Teachers Association has supported the case from the parents.
School’s Defense
The school through lawyer Wilfred Mutubwa, justified the increase, saying the increase covered inflation and other associated costs such as overheads. Mutubwa told the court that the understanding between parents and the schools is that the management reserves the right to adjust the fees at its will. He said there is no clause in the contract that automatically ups the fees after every two years. He pleaded with the court to quash the issuing of an injunction and revealed to the court that the school was on life support and would not pull through financially if it failed to get the fees increase. He also clarified that the hike was actually between 16 and 20 per cent and not the purported 40 per cent.