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{
"id": 1394171,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394171/?format=api",
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"type": "scene",
"speaker_name": "",
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"speaker": null,
"content": "(The Clerk-at-the-Table approached the Chair)"
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{
"id": 1394172,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394172/?format=api",
"text_counter": 327,
"type": "speech",
"speaker_name": "Sen. Kathuri",
"speaker_title": "The Deputy Speaker",
"speaker": {
"id": 13590,
"legal_name": "Murungi Kathuri",
"slug": "murungi-kathuri"
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"content": " Let the Cabinet Secretary respond to the Questions by Sen. Sifuna and Sen. (Dr) Murango. I am informed that Sen. (Dr.) Murango wrote a letter to indicate that he would not be around. Sen. Oketch Gicheru will hopefully come back and ask his Question."
},
{
"id": 1394173,
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"text_counter": 328,
"type": "speech",
"speaker_name": "Hon. Machogu",
"speaker_title": "The Cabinet Secretary for Education",
"speaker": {
"id": 13458,
"legal_name": "Ezekiel Machogu Ombaki",
"slug": "ezekiel-machogu-ombaki"
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"content": " Thank you, Mr. Deputy Speaker, Sir and hon. Members for according me this opportunity to respond to the number of Questions raised by the Senate. I will start with the Question from the Senator of Nairobi City County, which is about this particular school. The Visa Oshwal Primary School was registered as a public school by the Ministry of Education vide Registration Certificate Number PE/572/97 dated 12th August, 1997. The school was re-registered to align the status with the County Education Board on 6th December, 2016. Copies of the Registration Certificates have been provided herewith. In 2023, the School was approved to host a Junior School. Currently, the school has a total enrolment of 2,535 learners comprising 1,273 boys and 1,262 girls. There are 91 learners in Early Childhood Development (ECDE); 2,347 learners in Primary School and 742 learners in Junior School. There are 45 teachers employed by the"
},
{
"id": 1394174,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394174/?format=api",
"text_counter": 329,
"type": "speech",
"speaker_name": "Hon. Machogu",
"speaker_title": "The Cabinet Secretary for Education",
"speaker": {
"id": 13458,
"legal_name": "Ezekiel Machogu Ombaki",
"slug": "ezekiel-machogu-ombaki"
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"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1394175,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394175/?format=api",
"text_counter": 330,
"type": "speech",
"speaker_name": "Hon. Machogu",
"speaker_title": "The Cabinet Secretary for Education",
"speaker": {
"id": 13458,
"legal_name": "Ezekiel Machogu Ombaki",
"slug": "ezekiel-machogu-ombaki"
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"content": "Teachers Service Commission and 45 staff employed by the Board of Management and the Nairobi City County Government. The school serves about 1,800 parents and guardians. The land on which the school stands, that is, LR 209/5996, was granted by the Government of Kenya to the Visa Oshwal Community Nairobi Registered Trustees in 1954. The land was granted for a 99-year lease, effective 1954. The conditions of the grant included that the land shall be used for the construction of a school and that the lease shall terminate if the school ceases to operate as such. The school initially ran as an all-Asian school before learners from other races were admitted in the years after Independence, starting in 1969. All along, the school was run with teachers employed by the Teachers Service Commission on the understanding that this is a public school. It also received monetary support under the Free Primary School Programme. The school buildings, on the other hand, were put up by the Trustees. The question of whether the school is public or private has been the subject of various court cases. We have had protracted court cases for several years. The total number of these cases is five, which I am sure the hon. Senator from Nairobi is aware of. These cases are- (a) Nairobi High Court Civil Case No. 1474 of 2005, where the Visa Oshwal Community Nairobi Registered Trustees sued the then Nairobi City Council. The Trustees moved to court alleging that they have owned the land on which Visa Oshwal Primary School operated since 1954 was built using the community's resources. They claimed that the City Council of Nairobi had taken over the school and converted it into a public school without lawful authority. They thus sought vacant possession of the property. The court ruled in their favour, as per the attached judgement. However, the status quo remained. The second case was- (b) Nairobi High Court Constitutional Petition No.262 of 2013: Shree Visa Oshwal Community Nairobi Registered Trustees versus the Attorney-General, the Commissioner of Lands and the Cabinet Secretary in charge of Education. In a letter dated 4th January, 2013, the Commissioner of Lands wrote to the Trustees giving them six months' notice to surrender the subject land. The Trustees filed a case against the Commissioner of Lands alleging that the Commissioner's notice violated their constitutional right to property and fair administrative action. On 28th March, 2014, the court dismissed the case as per the attached judgement. The court found that the school had been built on public school since registration, having received teachers from the Teachers Service Commission and funding under the Free Primary Education Programme. A copy of the judgement is provided herewith. Following that, there was another case- (c) Nairobi Court of Appeal Civil Appeal No.126 of 2014 Visa Oshwal Community Nairobi Registered Trustees versus the Attorney-General, the Commissioner of Lands, and the Cabinet Secretary in Charge of Education. This was an appeal by the Trustees against the judgement of 28th March, 2014. The Court of Appeal rendered its decision on 22nd February, 2019, and found in favor of"
},
{
"id": 1394176,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394176/?format=api",
"text_counter": 331,
"type": "speech",
"speaker_name": "Hon. Machogu",
"speaker_title": "The Cabinet Secretary for Education",
"speaker": {
"id": 13458,
"legal_name": "Ezekiel Machogu Ombaki",
"slug": "ezekiel-machogu-ombaki"
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"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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{
"id": 1394177,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394177/?format=api",
"text_counter": 332,
"type": "speech",
"speaker_name": "Hon. Machogu",
"speaker_title": "The Cabinet Secretary for Education",
"speaker": {
"id": 13458,
"legal_name": "Ezekiel Machogu Ombaki",
"slug": "ezekiel-machogu-ombaki"
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"content": "the Trustees. The court affirmed their rights over the land and held that there was no basis for the Commissioner of Lands to require the Trustees to surrender the land. The Court of Appeal reasoned that the conditions in the grant did not categorize the school that was to be constructed, whether it was for public or private use. The matter was taken to the Supreme Court under Application No.20 (E043) of 2020. The board of management, Visa Oshwal Primary School versus Shree Visa Oshwal Community Nairobi Registered Trustees, Attorney General, Commissioner of Lands, Cabinet Secretary Ministry of Education. The School's board of management applied for leave from the Supreme Court to appeal against the decision of 22nd February, 2019, by the Court of Appeal. In its Ruling issued on 17th February, 2022, the Supreme Court found that the fate of a public school is a matter of public interest and that the board of management should be allowed to ventilate the matter in a proper forum. The Supreme Court directed the School's board of management to institute its claim at the Environment and Land Court. Consequently, the Board of Management filed the case Nairobi ELC No. E176 of 2022: The Board of Management, Visa Oshwal Primary School versus Shree Visa Oshwal Community Nairobi Registered Trustees, Ministry of Education, the National Larid Commission, and the Attorney General. The case seeks a declaration by the court that Visa Oshwal Primary School is a public primary school and that the land on which it sits is public land for the public purpose of operating a school. The Ministry of Education, in conjunction with the Attorney-General, filed an Affidavit in support of the school's case. In the meantime, the school applied for conservatory orders to injunct the Trustees from interfering with the management of the school. This application was dismissed by the court on 24th November, 2022. The original application is still pending in court. The Ministry is working with the Attorney-General and the board of management to safeguard and maintain the position that the school is a public school, occupying land that was set aside for a public purpose. The position of the Ministry is clear that we will continue to fight this matter in court until the true position is maintained, that the land is for public use and that this is a public school. The 2,500 students are still studying in this school. It has not reached a point where we can say that there are any such eviction orders, which can take effect and we are still maintaining that and fighting the matter in court. I so submit."
},
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"type": "speech",
"speaker_name": "Sen. Kathuri",
"speaker_title": "The Deputy Speaker",
"speaker": {
"id": 13590,
"legal_name": "Murungi Kathuri",
"slug": "murungi-kathuri"
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"content": " Proceed with the other Questions. Give answers to the other Questions from Kirinyaga County."
},
{
"id": 1394179,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394179/?format=api",
"text_counter": 334,
"type": "speech",
"speaker_name": "Hon. Machogu",
"speaker_title": "The Cabinet Secretary for Education",
"speaker": {
"id": 13458,
"legal_name": "Ezekiel Machogu Ombaki",
"slug": "ezekiel-machogu-ombaki"
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"content": " Thank you very much, Mr. Speaker, Sir. The Kirinyaga issue is that Kirinyaga University is a public university that was---"
},
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"id": 1394180,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1394180/?format=api",
"text_counter": 335,
"type": "speech",
"speaker_name": "Sen. Kathuri",
"speaker_title": "The Deputy Speaker",
"speaker": {
"id": 13590,
"legal_name": "Murungi Kathuri",
"slug": "murungi-kathuri"
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"content": " If possible, you can just summarise the responses."
}
]
}