
Court Removes Nicholas Maiyo as Parents Association Chairman, David Obuhatsa Takes Over
The High Court has invalidated Nicholas Maiyo’s election as chairman of the National Parents Association (NPA).
Mr. David Silas Obuhatsa has taken over for Mr. Maiyo.
In addition, Justice Hedwig Ong’udi canceled Gazette Notice No. 8777, dated May 31, 2022, which recognized Mr. Maiyo and others as NPA officials.
Other national NPA officials whose election was annulled alongside Mr. Maiyo are Ms. Sarah Kagendo Mitambo, Mr. Jeremiah Nyakundi, Mr. Onesmus Johnes Kauwi, Mr. Patrick Lumumba Olali, Ms. Rose Otiak, and Mr. Mohammed Awadh Omar.
In addition, the court has permanently prohibited Mr. Maiyo and his whole committee from engaging in any national business on behalf of parents.
Mr. Maiyo is also required to hand over, within seven days of the date of this order (September 19, 2022), all bank accounts, the website, receipt books, office files, sponsorship agreements, membership registers, and any other official documents of the NPA, as well as the NPA offices on the 13th floor, number 1310, of the Reinsurance Plaza on Taifa Road in Nairobi.
Additionally, the judge prohibited Mr. Maiyo’s team from entering the offices.
Mr. Justice Ong’udi approved Mr. Obuhatsa’s leadership, published in Gazette Notice No. 10685 on September 9, 2022.
Joseph Langat is the deputy national chairman, Eskimos Kobia Kirumbi is the secretary general, and Caroline Madina is the treasurer.
Nancy Chege is the deputy treasurer, Cecilia Cheptumo is the organizing secretary, John Njiraini is a member, Regen Mwawasi is a member, Absolom Mukuusi is a member, and Sammy Ndunda Mbae is a member (chief executive officer-CEO).
Justice Ong’udi’s orders were delivered to Education Principal Secretary Julius Jwan, TSC chief Nancy Macharia, Knut Secretary General Collins Oyuu and his Kuppet counterpart Akelo Misori, the Kenya National Examination Council (KNEC), and all other relevant offices and departments within the education ministry.
The directives were issued in response to a lawsuit brought against Mr. Maiyo by the newly installed team.
After the High Court voided the election of the previous leadership, the National Elections Board (NEB) called for new NPA elections in May of this year.
New elections were held on August 27, 2022.
In February of last year, the parents’ organization began electing new leadership after more than 20 parents from throughout the country petitioned the Ministry of Education to order recent elections because Mr. Maiyo’s team was elected illegally.
In October 2016, Mr. Maiyo and his team assumed leadership responsibilities.
The association in Kenya serves more than 15 million parents in primary and senior public schools.
In February of 2012, High Court judge Antony Mrima ran for reelection to the NPA.
The judge decided that Mr. Maiyo’s team was improperly elected since there was insufficient public involvement before the polls, and some parents were never allowed to vote.
Infringement of rights
The judge ruled that the Ministry of Education’s decision to proceed with elections without allowing others to participate violated their rights.
Therefore, Justice Mrima concluded, “The court is satisfied that other parents were never served with any notice for the election of the association’s office bearers and, as such, the election of the current officials was procedurally unfair and does not meet the constitutional test of reasonability,”
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The Ministry of Education unlawfully re-gazetted Mr. Maiyo as chair on May 31, 2022, prompting the new leadership to file suit to quash the Gazette Notice.
Court Removes Nicholas Maiyo as Parents Association Chairman, David Obuhatsa Takes Over