More than 1,000 parents of St Bakhita Schools in Nairobi have returned to court after failing to agree with management over plans to review and hike fees.
Appearing before Judge Christine Meoli on Tuesday, the parents said the children's learning could be disrupted mid-term because the administration had given them one month to pay the revised fees.
Parents argue that the mid-year fee change left them with little or no bargaining power, as their three weeks' notice was insufficient to readjust their financial plans or transfer their children to other schools.
The fee structure he sees The daily business It indicates that parents of sixth form students will be required to pay Sh85,479 for tuition fees starting from Sh69,495 per semester. For transportation, parents will pay Sh24,449 instead of Sh23,458, while for stationery they will pay Sh3,200 instead of Sh2,525.
For co-curricular activities, those in the dance club will have to pay double the amount from Sh3,000 to Sh6,000. Parents of Year 2 pupils will pay Sh82,516 for tuition fees starting at Sh68,195.
However, the department opposed granting any order stating that the majority of parents had already paid the new fees.
“It is the claim of the plaintiffs (parents) that the defendants (school management) benefited from being the party with stronger negotiating power in their contractual relationship. The stronger party in the contractual relationship should not be allowed to overpower the weaker party,” the parents said through their lawyer, Charles Mwalimu. “.
Judge Mioli ordered the parties to submit their submissions before the hearing on May 27.
Seven parents who filed a lawsuit on behalf of 1,000 others said they entered into contracts with St. Bakhita Schools Ltd., which runs St. Bakhita Preschool and Nursery and St. Bakhita Junior High School.
The petition was supported by the Parent Teacher Association.
In an affidavit, Mr Martin Mutua, a parent, said that for the past 20 years, the department has maintained a policy of increasing fees every two years.
Since the last increase was in the first semester of 2023, they had a legitimate expectation that the next fee increase would take effect from the first semester of 2025.
He added that the contract is negotiated in advance at the beginning of each academic year through the fee structure for the year, which is accepted by parents on the basis that it will not be changed before the end of the two academic years.
But on April 9, 2024, a few days before schools reopened after the April break, schools issued invoices that reflected an increase in transportation fees by a margin of 40 to 41 percent, and tuition fees by a margin of 20 percent. to 21 percent and co-curricular activities by a margin of 20 to 40 percent, depending on the specific co-curricular activity.
Mr. Teacher emphasized that under the contracts, parents are required to give at least one term’s notice in case a parent intends to transfer their children from any of the schools.
He added that it was reasonably expected that the management would have a reciprocal obligation to give them one semester's notice before increasing school fees.
Mr. Al-Muallem stressed that the pre-contract information provided at the beginning of each year is binding for two years, and any changes made will necessarily require participation, a justifiable reason, and notice of approval for at least one semester.
Ms Viselesta Muthuki Mutoko, Director of Schools, defended the fee increase saying the board decided on March 28 to hike the fees upward due to high and rising overhead costs, due to inflation and other factors.
She said that the increase is an allowable estimate for the school administration in accordance with Clause 10 of the terms and conditions.
“It is not true that the administration abused its discretion, but it has always been open to accommodating and engaging parents in this issue,” she said in a statement.
Through lawyer Dr Wilfred Mtopwa, the school said the majority of parents had paid the revised fees and that granting the requested orders would prejudice other parties who had not been brought before the court.
He added that the administration is ready to accommodate any parent in the payment plan.