The Judge further defended the school saying it was required to deliver its part of the bargain and provide an education even after the government announced closure of schools. He added that in the circumstances, the consultation that took place at the time of the introduction of the new mode of learning was adequate.

Parents had sued the institution in a bid to block a 90% fee demand and the suspension of classes for kindergarten and lower primary since schools remain closed. The parents demanded that the 10% discount was unlawful.

“It is noted that the studies offered by the school are pegged on an international system of education which had not been suspended at the time the Kenyan schools were closed. The school had a contractual obligation to prepare the children for examinations,” the judge further said.

However, the judge directed the school to establish a parents’ association to allow for consultation and consent for any changes in policies, rules and regulations.

“The establishment of a parents and teachers’ association as per Section 55(3) of the Basic Education Act is the responsibility of the school. In the circumstances, an order is issued compelling the 1st [Brookhouse directors] and 2nd [school management] respondents to forthwith, and not later than 120 days from the date of this judgement, establish a parents’ association which meets the requirements of the Act,” directed Justice Korir.