A parent from Magarini has sued Ngomeni Secondary School's board of management following claims that the administration irregularly dismissed the matron and appointed another one.
Omar Msham filed a case before Malindi chief magistrate Julie Oseko through his lawyer Tonia Mwania seeking orders restraining the institution from hiring new staff pending hearing of the case.
Trouble started after the board advertised the position with plans to dismiss the current one who, according to Msham, was doing her work diligently.
The BoM is said to have hired a new matron who had applied for the position way after the deadline and directed her to assume office immediately.
In his application dated October 25, 2021, Msham told the court that he is a parent who pays school fees for 328 students, which is half the population of the school. He also said he is a great supporter of the institution as he often provides food and other items from time to time.
"The position of the matron is currently being held by one Zahara Ali who has been conducting her duties diligently and upholding the welfare and best interests of the students," he said.
He said Zahara created a rapport with the students which has enhanced their comfort in the school and helped improve their performance.
However, he said the defendants advertised for the position on August 18 this year without consulting the school's key stakeholders and considering the needs and welfare of the students.
He said the BoM conducted interviews for the position on October 16 and selected a candidate who had not only applied late but whose capacity to serve in the position of a matron has not been proven. He said this made him uncomfortable because he has many children under his care at the school.
"It would not be fair, just, and reasonable that the irregular procedure is allowed to stand as it will greatly compromise the welfare of the students and their best interest and also the integrity of the school."
"The orders sought above do not prejudice the defendants/respondents in any manner whatsoever," he said.
He asked the court to issue a permanent injunction restraining the defendants from removing the current matron or carrying out any other activities detrimental to the welfare of students at Ngomeni Secondary School without following due process as laid down in the relevant laws.
In a replying affidavit signed by Najat Ibrahim, the BoM chairperson said she received a call from school principal Twaha Mwatsahu on October 26 this year at around 4pm informing her that he had been served with papers that he believed were from the court.
She said the following day they went to the Attorney General's office in Malindi to seek interpretation of the documents and were informed that they had been sued and there were ex parte orders in place for status quo of events before October 16.
Ibrahim said her lawyer advised her there was no contempt in the orders issued on October 25 as events had already taken place, making the application by Msham and the interim orders nugatory.
She said candidates for the position of matron were shortlisted and were invited for interviews on October 16.
"Upon completion of the interview, Jamila Simai was appointed as the successful candidate for that position and was effectively informed and invited for orientation which was to be conducted on October 18, 2021 and to further collect her letter of appointment," she said.
Ibrahim said on October 25 they received the court order for the status quo of October 16 to be maintained and even though Simai had reported to work they advised her to go home and wait for further direction.
She said by the court awarding the orders, it technically disposed of the entire suit at a preliminary stage without affording the respondent an opportunity to be heard.
"The applicant is guilty of non-disclosure of material facts, having failed to disclose to the court that by the time he was approaching the court for the orders interviews had already been conducted and someone appointed to the position," she said in the affidavit.
She said the burden of proof in matters of contempt of court is higher than preparedness of probabilities which the applicant had failed to discharge.
"No court orders were disobeyed and we pray that the application is dismissed with costs," she said.
When the matter came for mention before Oseko she extended the interim orders for the status quo to remain and set the case for ruling of the application on January 18 next year.
-Edited by SKanyara