A Kwale court was Monday told that Tabasamu School is operating illegally.
When the matter came up for hearing, the court heard that the ministry of education on February 23, through sub county director of education Abraham Nyamwayi confirmed that the school was not registered with the ministry of education subject to the conditions of running a school.
“We wish to confirm to you that the institution in question is not a duly registered school in accordance with the ministry’s regulations as it is yet to meet the minimum requirements to facilitate the process” read the letter.
Sara Were, director of a children’s home based in Diani through her lawyer Elikana Mogaka had written to the ministry of education on February 22, to confirm the status of the school with the ministry as an institution of learning.
“In the interest of the school running illegally we are seeking temporary closure and investigations to be carried by the first and second respondent how the school is running illegally” the court was told.
The respondents however told the court that they were not ready to proceed with the matter as they had not had time to familiarize themselves with the documents.
“I’m not ready to proceed today I confirm that my clients were served with supplementary affidavit on Friday, I need to respond to,” the court heard.
Justice Gregory Mutai gave the respondents 14 days to file and serve their submissions.
The matter will be mentioned on March 18.
Lady Justice Ann Onginjo had on February 9, ordered Tabasamu school and its director to take down the images of children from the children’s home from their school website , social media pages and or any other form of digital and or print media .
“That the 4th and 5 Respondents are directed to take down the images of the 3rd applicant’s children from their school website, social media pages and or any other form of digital and or print media pending inter parties hearing and final disposition of this application,” Justice Onginjo ordered.
This is after Were had on February 8, sued the director of Tabasamu school for allegedly using images of children to solicit money from investors to fund the opening of her own school.
Were alleged that Ann De Bruyn the director of Tabasamu school had misrepresented herself as a director of the shelter home for street children and orphans to solicit funds from the investors by using the children’s images as proof to obtain funds.
The petitioner argued that she obtained information from the investors that Ann allegedly utilized images of children to seek funds purportedly for opening her school and for personal enrichment.
“The applicants also learnt later that the fourth respondent has incited three of its staff members to leave the organization and steal money that was meant for groceries and the feeding of the children forcing the Applicants to issue money from their own pocket and that she went ahead and opened her own institution, the 5th Respondent with the staffs she incited from the Applicants,” court papers read.
Were alleged that De bruyn disseminated false information about her on various channels causing emotional harm.
Additionally, she damaged her reputation with sponsors resulting in significant loss of donors
In the petition the state, the Director of Public Prosecution, the OCS Diani police station, Ann De Bruyn and Tabasamu school have been sued.
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