Parents Seek CS Machogu's Help As They Sue Jonathan Gloag Academy

A month after learning was paralysed at Jonathan Gloag Academy (JGA) after parents staged demonstrations inside the school premises demanding the removal of the Chief Executive Officer (CEO), the parents and guardians have moved to court against the school's board.

According to a press statement obtained by Viral Tea, parents and guardians of the institution on Monday, May 1 filed a legal suit to challenge the failure of the school’s Board of Governors to establish a Parents Teachers Association as required under section 55(3) of the Basic Education Act, Cap 211. 

The parents have also contested the legitimacy of the decision of the CEO of Kenya Children’s Homes UK, Collins Oywera, to retire the school headteacher, William Mulema on March 28, 2024, saying it was done against the law.

Parents stage protests at Jonathan Gloag Academy on April 2, 2024. /DAILY NATION

"The parents and guardians through the Jonathan Gloag Academy Parents and Guardians Petition Working Group, say the decision to retire Mulema was conducted abruptly, arbitrarily, unreasonably, and unlawfully; without notice to the parents, and against the best interest of the learners," read the statement in part.

Through Advocate Dudley Ochiel, the parents sought leave to apply for a judicial review and listed the JGA Board of Governors and Oywera as the first and second respondents respectively, with the immediate former headteacher, Mulema and the Cabinet Secretary Ministry of the Education (Ezekiel Machogu), listed as the first and second interested parties.

High Court Judge Jarius Ngaah granted the petitioners leave to proceed with the petition, further giving 14 days for all parties to be served, and requiring all respondents and interested parties to file and serve their responses within 14 days of the date of service of the applicant’s motion.

The decision to move to court was precipitated by the Board’s lack of response to several attempts by the Parents to dialogue on the grievances outlined in the court petition.

Several parents and guardians raised concerns following the unexpected communication of the retirement of Mulema on March 28, 2024, leading to their meeting with a section of the Board on April 2, 2024, and the presentation of a petition containing several grievances which required immediate attention and resolution considering their direct and significant impact on the welfare of the learners.

The Board subsequently requested time to review the petition and undertook to respond on April 4, 2024, through a meeting with parents/guardians’ representatives selected by the latter to lead the discussions with the Board.

The Board was however accused of not honouring its pledge to meet these representatives, and it has consistently continued to ignore communication from them. 

"The Board further accused some parents/guardians of engaging in acts of violence, threatening behaviour and defamation against members of staff and the institution. This culminated in the summoning of some parents to Langata Police Station on April 23, 2024, for questioning and recording of statements in regard to the events that transpired at the school on April 2, 2024, when parents/guardians presented their petition to the Board," added the statement.

"The parents/guardians also filed a complaint letter to the Cabinet Secretary, Ministry of Education on April 11, 2024, highlighting the grievances raised in the petition and are waiting for a response or action from the Ministry."

The JGA parents/guardians expressed hope that the measures instituted would resolve the grievances raised and salvage JGA's hard-earned legacy of educational excellence that is grounded on Christian values.

On April 2, parents of students at the school brought activities to a stop as they protested in their numbers, demanding access to the CEO's office lest they break in.

Police officers who were on high alert quickly arrived at the scene and attempted to calm down the parents who were gathered in front of the school offices.

Efforts by the police officers to quell the ranging parents at the time hit a wall as they overwhelmed the officers who were forced to call the school management and address the protesting parents.

Parents stage protests at Jonathan Gloag Academy on April 2, 2024. /FILE