Independence Of Attorney General’s Office Questioned As State Counsel Caught Consulting A Private Law Firm In Crawford School’s Fee Case

Parents of students at Crawford International School have joined the growing list of private schools challenging high fees charged for online classes.

The parents filed a suit filed at the High Court, the parents want the school stopped from charging full fees and instead reduce the fees by half. Their Lawyer Michael Ndegwa argued it was immoral for the school to punish parents due to circumstances caused by coronavirus outbreak when other institutions have formulated ways to cushion learners from Covid-19 effects.

“Owing to the unforeseen events caused by Covid-19 pandemic, other schools of same parity, offering similar curriculum and same fees structures, have considered requests by distressed parents and granted fee discounts of up to 50 per cent,” Ndegwa had told the court.

He submitted that the school, without any consultation with the parents, commenced virtual classes and demanded for full fees payment, which is not part of the contractual agreement for the normal school days. Ndegwa said the demand for full fees was a violation of the parents’ consumer rights since it does not take into consideration the harsh economic times created by the Covid-19.

Despite the changed learning circumstances, which are not part of the agreement between parents and the school, the institution still levies high charges for exams, which the students are not sitting.“The online classes are unregulated and are burdensome to parents, who have to print teaching materials, teach their own children and supervise the learning process. They also have to scan assignments and send to teachers yet the school is demanding full fees,” said Ndegwa. The lawyer argued the online classes violate the students’ right to privacy.

The AG office was enjoined in the case by the parents to act in the public’s interest. What’s puzzling is how the office later turned to private law firm to seek guidance on how to respond to the matter further creating a big question on the independence of the office.

In a WhatsApp Group of the Crawford school, one Elijah Mwangi a partner in Macharia-Mwangi & Njeru Advocates which appears to be the firm that the AG was consulting, mistakenly posted affidavit that clearly shows he had edited but was meant to be presented in court as AG’s independent reply.

We’ve established that Gracie Museo Mutindi is the state counsel at the AG office handling this case. What many are questioning is the legality of this relationship between the AG office and this firm. Some of the parents questioning that. If such an arrangement to consult a private firm on a public interest case then one would think it made be open to both parties, it’s not foreign for state to seek consultation from private firms but in this case, the parents are telling us they weren’t made aware. It is the secrecy that is now raising their eyebrows.

The particular firm consulted we’re informed also represents some other private schools. Parents are now suspecting that’s the state’s lawyer is double dealing.

For how long has such relationships between the AG office and private law firms been ongoing and have their been open about it?