The High Court has overturned the election of Nicholas Maiyo as the chairman of the National Parents Association (NPA) who has been replaced by David Silas Obuhatsa.
At the same time Justice Hedwig Ong’udi has revoked the Gazette Notice No.8777 dated May 31, 2022 which recognized Maiyo and others as officials of NPA.
Other national officials of NPA who had been gazetted alongside Maiyo and whose election was revoked are Sarah Kagendo Mitambo, Jeremiah Nyakundi, Onesmus Johnes Kauwi, Patrick Lumumba Olali, Rose Otiak, and Mohammed Awadh Omar.
In addition, the court has permanently restrained Maiyo and his entire committee from transacting any business on behalf of parents nationally.
“A permanent order of injunction has to be 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 asked to hand over within seven days from the date of this order (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 banned the Maiyo team from accessing the offices.
Justice Ong’udi who approved the leadership of Obuhatsa who was gazetted on September 9, 2022. Other officials gazetted alongside Obuhatsa are 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 Mr. Maiyo by the new team which has assumed office. The National Elections Board (NEB) called for new elections of the NPA in May this year after the High Court nullified the election of the former leadership.
The new election was conducted on August 27, 2022, where the parent’s association embarked on a process of electing new leadership last year February after more than 20 parents across the country petitioned the Ministry of Education to order fresh elections saying Maiyo’s team was elected illegally.
The judge ruled that Maiyo’s team was elected illegally as there were no adequate public participation ahead of the elections and some parents were never accorded a chance
The judge said, the decision by the 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 Mirima.
Maiyo was illegally gazetted as the chair again on May 31, 2022, occasioning the new leadership to move to court to quash the Gazette Notice by the Ministry of Education.