A couple in Nairobi has threatened to take legal action against Shree Cutch Satsang Academy over “unfair” dismissal of their autistic son, just a week after admission.
Autism is a serious developmental disorder that impairs the ability to communicate and interact.
Duncan Keya and his wife accuse the school management of turning away their four-year-old son despite having assured them of their capability to accommodate him in the school.
The non-profit-making education institution, located in Langata, off the southern bypass said it sent the minor away because of his condition.
In a demand letter, the parents, through Odhiambo Oronga & Company Advocates, detailed that they had in December 2020 sought placement and admission at the institution for their son.
“Upon expressing a need for an evaluation on his son, you and or your representatives indicated that you were ready and capable and had the expertise to teach, train and handle their son. You thereafter granted the minor admission at your institution, ” the letter dated February 4 reads.
The school, the parents claim, has refused to refund monies spent to admit the child despite clear misrepresentation of facts on the management’s part.
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“Pursuant to his admission and to your prior assurance that you would give their son the required education, training and handling, our clients proceeded and paid tuition fees, admission fees, maintenance fees and all required amounts amounting to Fifty Four Thousand Shillings (Kshs 54,000/-) and were issued with a receipt on 15th December 2020, ” the letter adds.
“Upon admission and in line with your instructions on the preparations to undertake, our clients purchased school uniform to a tune of Sixteen Thousand Shillings (KShs 16.00(,) as directed by yourselves.”
Accusing the management of racial discrimination, the parents claim that children of Asian origin/descent with special needs whose conditions are more severe are allowed to attend the school without any interruptions.
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“Our clients find your above reason to be insincere and discriminatory as they have on numerous occasions seen children of Asian origin/ descent with special needs being engaged at your institution, when it is obvious that these Asian children’s conditions seem more severe and would be harder to instruct than our clients son’s case, ” the law firm said.
“Be that as it may, it is clear that your decision to terminate your engagement with our clients’ son has been made and what remains is a refund of what is due and owing.”
Citing time wasted, the parents also accused the school of an attempt to swindle them their hard-earned money.
“It is clear that from the onset your actions were laced with serious misrepresentation of facts and a direct breach of trust and a breach of contract. Further, your suggestion that no monies would be refunded in full is tantamount to unlawful enrichment as you seem to have knowingly set on a path of either willfully swindling and or depriving our client of their monies by frustrating their attempts of educating their son at your institution after pocketing funds from them, ” the letter reads.
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They now want the school to apologise and initiate a refund of Ksh70,000, being school fees and monies spent on uniform within seven days or be sued.
The school is also expected to part with Ksh20,000, in collection fees.
“Take notice that if we do not receive the said payments within the above-mentioned period. we have firm and mandatory instructions to institute legal proceedings against you without any further reference whatsoever, ” the law firm threatened.
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