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Education suit goes for out-of-court settlement

18 February 2014, 12:37 Joseph Njung’eh

Nyeri - The stand-off between the Nyeri County government and the Education Ministry over Form one selection took a new turn on Tuesday as the two parties opted for an out-of-court settlement.

The development followed a request by the High Court in Nyeri on Monday to the parties to first make use of other alternative dispute resolution mechanisms before opting for a judicial process in settling the matter.

After taking a short break awarded by Justice James Wakiga, the parties agreed to out-of-court negotiations aimed at bringing the stand-off to a logical conclusion.

The County Government of Nyeri had sued the Ministry over alleged flawed selection process that gave the lion’s share of slots in 10 extra-county schools to students from other counties.

The County argued that denying students from the region their rightful share of 60 percent admissions to the said schools as per the guidelines that the Ministry had released last year amounted to discrimination.

Justice Wakiaga further granted the parties their prayer of halting the replacement exercise scheduled to take place next month pending the outcome of the negotiations process which will also include The Commission on Administrative Justice.

“The matter shall proceed to hearing unless the parties involved are willing to use other dispute resolution mechanisms which court has no objection to,” warned Justice Wakiaga.

Earlier on, Justice Wakiaga had dismissed a preliminary objection by the office of the Attorney General that the dispute was an intergovernmental one and not a violation of a circular issued by the Ministry as alleged by the petitioner.

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