Justice Weldon Korir has dismissed a case by Brookhouse School parents who wanted the management compelled to reduce fees by 30 percent following a decision to introduce online learning as learning institutions remain closed due to the coronavirus threat.
In a ruling delivered on Thursday, Justice Weldon Korir declined to reduce the international school’s fees, arguing that the court can not order a reduction.
The judge stated 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,” justice Korir ruled.
Following differences that had emerged over the representation of parents, the judge ordered Brookhouse to establish a Parents Teachers Association (PTA) within the next 120 days.
The parents and guardians of the school moved to court in April to challenge what they felt was exorbitant charges for online learning.
They claimed the school was demanding about Sh700,000 a term for online classes, which is about the same amount they pay as fees for physical classes.
A move by the management to give them a 10 percent discount was opposed as the parents said the fee was still high.
They argued that other institutions had extended massive discounts to parents for online learning during this pandemic period.