School takes PTA board chairman to court over alleged defamation

Makini School has instituted legal action against a parent accusing the Parents Teachers Association (PTA) chairperson of defamation.

The school asserted that it attempted to address concerns raised by Nixon Bugo through diplomatic means but they were unsuccessful.

Bugo is accused of extending his tenure as PTA chair unlawfully, causing division within the association and disrupting school operations, according to the institution.

“He has now unlawfully extended his tenure at PTA chairperson , splitting the PTA and disrupting school operations,” said the institution in a notice.

This even as a Commercial Court sitting in Nairobi rejected a request by the school’s Parents and Teachers Association (PTA) to participate in the defamation lawsuit filed by the institution against Bugo, a parent of two children at Makini School.

Magistrate Sammy Opande ruled against the plea, stating that the PTA cannot be sued as it is not a legal entity. Additionally, he highlighted that involving an interested party like the PTA may complicate matters, especially in a contested dispute.

Despite the rejection, parents and teachers of the school sought to engage in the dispute between Makini School and Bugo over the expulsion of his children, which led to a gag order preventing Bugo from defaming the institution.

“I find the requested joinder of Makini Schools Parents Teachers Association as is, as an interested party, must be denied on the basis that, the proposed Interested Party is not a party capable of suing or be sued and this joinder as is, may create problems down the road, considering the dispute herein is quite contested, and the court’s coercive power may be called upon, in enforcement of any court orders issued,” magistrate Opande ruled.

Bugo, who chairs the PTA, allegedly encouraged some parents and teachers to support him in the defamation suit, as the association faces financial repercussions due to the ongoing conflicts and legal battles.

Furthermore, Bugo’s attempt to dismiss the entire suit on the grounds that the institution and its director lacked the authority to file a defamation suit against him was also dismissed by the court.

The school initiated the lawsuit against Bugo after being instructed to readmit his two expelled children. It claimed that Bugo made derogatory remarks about the school and its directors during a virtual PTA meeting, tarnishing its reputation.

Allegations included claims that Mpanza, the school’s director, possessed a firearm used to intimidate parents and teachers and openly smoked in front of children, portraying the institution as irresponsible.

Mpanza accused Bugo of unlawfully extending his tenure as PTA chair, causing division, and intending to convene an illegal AGM to further his defamation agenda.