Court orders Moi Kabarak to readmit suspended Form Four student amid pending case

The High Court has ordered Moi High School, Kabarak to immediately readmit a Form Four student who had been suspended, pending the hearing and determination of a case challenging the school’s decision.

In interim orders issued on March 4, Justice John Chigiti directed the school to allow the student, to resume classes without any conditions.

“Respondents are hereby directed to forthwith readmit the student into class unconditionally,” Justice Chigiti ordered.

According to the court reports, the student, who is a Form Four candidate preparing for the national examinations scheduled for November 2026, has been out of school since February 12, 2026 when he was suspended by the institution.

This comes after the student’s parents applied for a court order  to quash the suspension letter issued on February 12, 2026 and compel the school to reinstate the student.

The parent argues that although the suspension period was indicated as running from February 12 to February 24, 2026, the school allegedly declined to allow the student back to class even after the suspension period had lapsed.

The parent, through lawyer Danstan Omari contends that the continued exclusion from school is unlawful and violates the student’s constitutional and statutory right to education.

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The Court further stated that the disciplinary action taken by the school was procedurally flawed, with the applicant arguing that the student was not given an opportunity to be heard before the suspension was imposed.

The applicant maintains that the decision violated the principles of natural justice as well as the school’s own disciplinary procedures.

The case also cites Section 35 of the Basic Education Act and the Fair Administrative Action Act, arguing that the decision-making process was illegal, unreasonable and failed to meet the required standards of fair administrative action.

The parent further told the court that keeping the student out of school at such a critical stage of his academic journey is highly prejudicial, noting that he is preparing for his final secondary school examinations.

The applicant also argues that under Article 53(2) of the Constitution, the best interests of the child must be a primary consideration in all matters concerning a child.

The court has directed the applicant to serve the application within seven days, after which the respondents and interested parties will have seven days to file their responses before the matter proceeds.

The case will be mentioned on March 12, 2026 for confirmation of compliance and further directions on the hearing of the petition.

By Our reporter