The High Court has ruled in favour of Brookhouse School in a case where parents were demanding that the institution stops charging them full school fees during the duration of Covid-19 closures.
The parents moved to court in April seeking an order compelling Brookhouse management to reduce fees by 30 per cent. They claimed the school was charging full prices for online learning yet parents were doing the bulk of the work.
The parents also rebuffed a move by Brookhouse to reduce the fees by 10 per cent, saying the fee was still high. Fees at the international school range from Ksh 150,000 for the lowest level to Ksh1.5 million a term for seniors.
In a ruling delivered on Thursday, Justice Weldon Korir dismissed the petition saying the Court cannot order a reduction.
Justice Korir noted that the market dictates the cost of the product or service and it would be unjust for parents to demand a reduction of fees.
“Parents do have constitutional rights but this has to be balanced against rights of the school and investors,” the court ruled.
The judge also ordered Brookhouse to establish a Parents Teachers Association (PTA) within the next 120 days after differences emerged over the representation of parents.