The parents and guardians of St Bakhita Schools in Nairobi have received a reprieve after the High Court barred the school’s management from increasing fees. Justice Janet Mulwa ruled in favour of the parents, saying that the notice for a hike issued in March would cause undue hardship and anxiety.
Justice Mulwa said the sudden rise in fees might lead to some parents withdrawing children from the school, thus affecting their learning and even causing adverse effects on the minors. “The harm that may be caused to the plaintiffs and the children’s interest outweighs the harm that the defendants may suffer if the temporary injunction is not granted,” she said.
In April, over 1,000 parents filed a case in court against the school, accusing it of arbitrarily revising fees in the middle of the year by up to 20 percent due to inflation. Such a fast change can bring enormous disruption to their children’s learning, they claimed. St Bakhita Schools has maintained until now a policy of raising fees every two years for the past two decades, comprising daycare, kindergarten, primary, and junior secondary levels on several campuses.
In an affidavit, Martin Mutua, representing the parents, explained that the last increase in fees was in Term I of 2023 and therefore, parents would expect the following adjustment in Term I of 2025. According to him, the structure for the beginning of every year’s fees is pre-negotiated, hence forming a contract entered into by parents with the understanding it remains unchanged for two academic years.
The ruling provides temporary annulment of the fee increase, hence stability to the students’ education, and financial predictability for their families. It further reiterates that the structure of fees must be stable and existing agreements between schools and parents respected.