National Parents Association now wants Nicholas Maiyo and two other officials jailed for disobeying court orders to vacate office.

The Association officials led by David Obuhatsa filed a contempt of court application on Tuesday seeking to have the three jailed for six months for disobeying the orders issued on September 19.

The officials also sought orders to have the ex-officials committed to Nairobi Industrial Area Remand Prison and Nairobi Women Prison-Langata, for the aforementioned period.

The court will issue directions on the matter on October 6.

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“Take notice that the Honorable Court shall be moved on the 6th day of October 2022 at 9.00 o’clock in the forenoon or so soon thereafter as the Counsel for Applicants may be heard on the application,” the court said.

In the orders issued,  Maiyo, Jeremiah Nyakundi and Sarah Kagendo Mitambo were directed to vacate the office within seven days.

They were also ordered to hand over bank accounts, office files, receipt books, sponsorship agreements, membership registers and any other official documents.

This was after Maiyo’s election was found to have been illegally conducted.

“Nicholas Maiyo, Sarah Kagendo and Jeremiah Nyakundi are further restrained from attending or participating in any education forum organised by either the ministry or any other stakeholder,” the court said.

Justice Hedwig Ong’udi of the High Court further ordered that Obuhatsa be the recognised chairman of the parents association.

In Tuesday’s application, officials said they visited the officers at Re-insurance Plaza to be handed over to the office but were barred from entering.

It added that the ex-officials were on record for saying they were not ready to comply with the court orders.

“Even after being served with the Court Order, Maiyo called a press conference on September 22 and informed the public that they should not be worried because he does not recognize the orders that were issued by the court on September 19, and as such he was going to discharge his duties without any fear,” the application reads.

The High Court has removed Nicholas Maiyo as the chairman of the Kenya National Parents Association (NPA), and replaced him with Mr David Silas Obuhatsa.

Further, Justice Hedwig Ong’udi has revoked the Gazette Notice No.8777 dated May 31, 2022 which recognised Maiyo and others as officials of NPA.

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These other officials of NPA who had been degazetted alongside Maiyo include;Sarah Kagendo Mitambo, Jeremiah Nyakundi, Onesmus Johnes Kauwi, Patrick Lumumba Olali, Rose Otiak and Mohammed Awadh Omar.

The high court has also permanently barred Maiyo and his committee from transacting any business on behalf of parents nationally.

“A permanent order of injunction be and is hereby issued restraining Nicholas Maiyo, Sarah Kagendo Mitambo and Jeremiah Nyakundi whether by themselves, their proxies, agents and or servants from presenting themselves to the print, electronic media and general public as officials of the NPA and are further restrained from attending or participating in any Educational forums organized by either the Ministry of Education or any other education stakeholders,” ordered Justice Ong’udi

Maiyo has also been ordered to hand over within seven days from September 19,2022, bank accounts, the website, receipt books, office files, sponsorship agreements, membership registers and any other official documents of NPA including the Offices of NPA on the 13th Floor No.1305 at the Reinsurance Plaza, Taifa Road, Nairobi.

The judge also barred the Maiyo team from accessing the offices.Justice Ong’udi approved the leadership Obuhatsa who was gazetted via Gazette Notice No.10685 on September 9 ,2022.

Other gazetted officials alongside Obuhatsa  include Joseph Langat (deputy national chairman), Eskimos Kobia Kirumbi (secretary general), Caroline Madina (treasurer), Nancy Chege (deputy treasurer), Cecilia Cheptumo (organizing secretary), John Njiraini (member),Rogen Mwawasi (member), Absolom Mukuusi (member) and  Sammy Ndunda Mbae (chief executive officer-CEO).

The orders of Justice Ong’udi have been served on Education Principal Secretary Julius Jwan,TSC boss Nancy Macharia,  Knut Secretary General Collins Oyuu his Kuppet counterpart Akelo Misori , the Kenya National Examination Council (Knec) and all other relevant offices in the education ministry and departments.

The orders were made following a suit filed against Maiyo by the new team which has assumed office.

The National Elections Board (NEB) called for new elections of the NPA in May thisyear, after the High Court nullified the election of the former leadership.

The new election was conducted on August 27, 2022.According to the Judge, the decision by Ministry of Education to allow elections to proceed without giving others a chance to participate was a violation of their rights.

“The court is satisfied that other parents were never served with any notice for the election of the association’s office bearers and such, the election of the current officials was procedurally unfair and does not meet the constitutional test of reasonability,” ruled Justice Mrima.

A gruesome battle is looming at the national parents association after a section of members began pushing for fresh elections.

This is after the High Court’s ruling last year, which dismissed the current national representatives headed by Nicholas Maiyo.

In his February 3 2021judgment, Justice Anthony Mrima ordered the Ministry of Education to hold fresh elections of National Parents Association (NPA) officials, maintaining that the team led by Maiyo was illegally in office.

Further, another section of the members­ cites a judgement by Justice Hedwig Ong’udi on May 31, 2022, that they claim also nullified Maiyo’s election.

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“The Court directed the National Elections Board (NEB) of the Association to conduct fresh elections within 45 days. We have therefore declared vacant the under-mentioned positions within the Association and call for elections on August 27, 2022, at a venue to be communicated separately to the delegate,” said Moses Nthesi.

Nthesi, who serves as the chairman of the national election board of the latter, also asks parents wishing to vie in various elective positions to submit their applications before August 15.

“Application forms will be obtained from the Board’s Offices on payment of a non-refundable fee of Sh2500,” said Nthesi.

Maiyo, has, however, dismissed the faction, terming them masqueraders who are not part of their association.

“We came into being in light of the Basic Education Act, but those ones exist under the Societies Act. And so, we are two different entities. And in fact, there are so many parent associations in the country like them,” said Maiyo.

Maiyo said that his association only represents public primary and secondary schools.

But in the notice, Nthesi says that they will also have representatives of parents in private schools, higher education and tertiary institutions.

Nthesi also says that his outfit will elect representatives of the special needs school’s sub-sector and also primary, secondary and nursery schools.

“As you can see, we are different entities and we are cautioning them to stop dragging our names in court because we are not them and they are not us,” said Maiyo.

Justice Mrima in the 2021 ruling said that there was no adequate public participation ahead of the elections as some parents were not accorded a chance to vote.

The Kenya National Parents’ Association (KNPA) wants more than 200 principals from government sponsored secondary schools interdicted for breeching fee guidelines provided by the Ministry of Education.

KNPA has already presented to Education Cabinet Secretary George Magoha, the names of noncompliant principals following parents’ bitter complaints concerning extra charges.

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KNPA chairman Nicholas Maiyo said most of the principals are from national schools.

“It is unfortunate to note that the majority of the principals flouting the government fee guidelines are from national and extra-county public schools,” said Maiyo.

He said they have been collecting views from parents before the association came up with the list of notorious school administrators. They want cs Magoha to take action against the school heads.

Maiyo said one national school in the North Rift region introduced illegal levies for development, uniform and fuel. He claimed parents were being asked to contribute money ranging from Sh5,000 to Sh9,000 per learner per term and no receipts were issued by the institution.

“We discovered that some public secondary schools were even charging parents for non-essential goods for the learners like atlas and reference material just to milk them dry in the name of improving the standards of education,” complained Mr Maiyo.

He said some of their members had complained that national schools were demanding Sh80,000 fees, instead of Sh53,554 per year, while others were demanding extra levies ranging from Sh2,000 to Sh1,500 for teachers’ motivation.

Maiyo pointed out that the affected schools are citing purchase of sanitiser, infrastructure improvements and other expenses to curb the spread of Covid-19 to justify the additional charges.

Below is a section of schools whose principals Maiyo wants Interdicted for breeching school fee guidelines:

Principal Kisii School

Principal Nakuru Girl’s High School

Principal Mbita High school

Principal Nyabururu Girls’ High school

St Georges Girls’ Sec. School,

Principal Kathiani Girls High School

Principal Kakamega High School

Principal Moi Kapsowar Girls High School

Principal Ofafa Jericho High School

Principal Nginda Girls high school

Principal Karangare Sec. School

Principal Nyamira Boys High school

Principal Murang’a High school

Principal Sironga Girls’ High school

Private schools expressed interest in government funding and now want students to be placed in their institutions to reduce congestion in public schools.

The association chairperson Mutheu Kasanga said the overload faced by public schools in first term due to placement can easily be dealt with if private schools were formally considered by government.

“The capitation is a right and it’s a matter of when and not if. There’s no such thing as a private or public child, they all need access to quality education,” she said.

Parent’s association chairman Nicholas Maiyo however challenged private schools to adhere to fees regulations set by government if they want capitation.

“In public schools, we pay for boarding and lunch fees, the rest like examination and tuition are paid by government. Will private schools accept to be regulated by the ministry? For example, schools that charge Sh600,000 per term, can they accept to trim down their fees? No, of course they cannot,” Maiyo said.

Mutheu said including private schools in Form 1 placement will help solve congestion in public schools.

“Public schools are full, when will the government say they are ready for a public/private partnership to alleviate problems,” she said.

She added that education should embrace public/private partnerships just like other sectors including infrastructure and roads.

“Capitation should also work the same way, they give the sector funds but whatever is on top the parents will pay and then audits are done. If government is doing it on things like roads and infrastructure then they can also do it for schools,” she added.

With 1,600 private secondary schools, private schools are able to accommodate 307,000 students.

The move to ensure 100 per cent transition in secondary schools has seen public schools face congestion in classes and dormitories.

Students interested in joining private schools are required to apply after the release of KCPE exam results.

Government released funds to cater for tuition and food, each secondary school student was allocated Sh23,000 to cater for their needs, including lunch and school uniform.

In total, each learner in all public secondary schools receives Sh22,244 per year under the government’s Free Day Secondary Education programme.

Of this, Sh9,400 is used for operations including Personal Emoluments.