- The High Court has ruled that public schools cannot impose blanket financial penalties on parents as a condition for readmitting students after unrest.
- Justice David Kemei has quashed the KSh33,000 levy imposed on all 1,515 Ambira High School learners, ruling that collective punishment without individual responsibility is unlawful.
- The court has clarified that the County Education Board, not individual schools, holds the legal authority to set readmission conditions following disciplinary incidents.
The High Court has ruled that public schools cannot impose blanket financial penalties on parents or make payment of such levies a condition for learners to resume their education following incidents of student unrest.
The case stemmed from events at Ambira High School, where parents were directed to collectively shoulder an estimated KSh50 million bill after a student strike allegedly caused extensive destruction of school property. All 1,515 learners at the school were required to pay KSh33,000 each before being readmitted to class, regardless of whether they had taken part in the unrest or were responsible for any damage.
Justice David Kemei ruled that the blanket levy was unlawful and lacked a sound legal foundation, finding that public schools cannot punish all students and parents collectively for the actions of a few. The court held that imposing identical financial obligations on every family, without establishing individual responsibility, was unlawful.
RELATED: High Court declares Ambira High School’s KSh33,000 readmission levy unconstitutional
The judge further ruled that the authority to determine conditions for readmitting students after disciplinary incidents does not rest solely with school administrators or Boards of Management. That mandate, he said, is legally vested in the County Education Board, which is required to ensure disciplinary decisions comply with the Constitution, the Basic Education Act and the principles of fairness, legality and due process.
Justice Kemei consequently quashed the KSh33,000 levy imposed on each student, ruling that making payment a prerequisite for returning to school was unlawful and amounted to an infringement of the right to education.
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The court noted that while student strikes often result in substantial financial losses for schools, accountability must be pursued through lawful and individualised processes. Where investigations establish that specific students were responsible for acts of vandalism or destruction, the court said, appropriate disciplinary and legal procedures should be followed to determine liability, rather than extending collective punishment to all students and parents.
The ruling is expected to serve as a precedent for public schools across the country, particularly given that institutions periodically grapple with cases of student unrest that leave behind significant destruction of property. Some schools have previously responded to such incidents by requiring all parents to contribute toward repair costs before students are allowed back to class, a practice the court has now found cannot stand unless it is anchored in law and implemented by the legally mandated authority.
By Hillary Muhalya
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