, NAIROBI, Kenya, Oct 13 – Two Appeal Court Judges have disqualified from hearing a suit filed by the Trustees of Shree Visa Oshwal challenging the decision of the High Court to deny it ownership of the institution.
Justice Philip Waki indicated that the lawyer representing the school George Oraro appears for him in another matter that is still pending in court whereas Justice Patrick Kiage said that when he was in private practice he had represented parents in a case against the school.
The appeal was to be heard by Waki, Kiage and Fatuma Sichale but after consultation over the disclosure of parties, they ordered a new date be taken at the registry with a view of getting a different bench that will exclude the two judges.
The school was declared a public institution through a judgment issued by the High Court on an application filed by Nairobi Senator Mike Sonko on behalf of the parents.
The institution’s trustees were ordered by the Commissioner of Lands to surrender the suit property.
They however argued that, they have been managing the school for a long time and that the notice issued by the Commissioner of Lands should be declared unconstitutional.
Justice Isaac Lenaola who heard the application in the High Court dismissed the trustee’s petition, saying that the school has been a public property since it was registered.
The judge observed that the trustee had not refuted evidence that the school had always received teachers from TSC and was the recipient of government funds for free primary education.
The court stated that according to the evidence, Education Cabinet Secretary had indicated that the government was ready to compensate them for the buildings they had put up in the school.