Parents of Litein Boys High School students have suffered yet another blow after the court maintained that they will have to pay ksh49,000 each to cover damages caused by last year’s riots.
This comes after Justice Joseph Sergon, sitting in Kericho, ruled that the fee was neither arbitrary nor unconstitutional, dealing a blow to the petitioners who had challenged it.
The petitioners, Sheria Mtaani and Shadrack Wambui, had challenged the fee as “exorbitant.”
The legal battle began after school management imposed the mandatory fee to cover damages estimated at nearly ksh100 million.
The petitioners had argued that the school administration was “contributorily negligent,” alleging that officials failed to prevent the students’ unrest despite receiving intelligence reports of looming trouble.
They claimed that the decision to charge parents was made unilaterally, violating the rights of learners to an education by making readmission conditional on payment.
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However, Justice Sergon found that the school had followed proper procedures.
“I am persuaded that the imposition of the levy does not violate the students’ right to education,” Justice Sergon stated in his ruling, noting that the right to education is “dependent on the conditions imposed by learning institutions”.
The court also rejected a plea to dissolve the school’s Board of Management and replace the Chief Principal.
The court also noted that regional Public Works officers and assessors conducted an on-site inspection to verify the extent of the damage.
According to the assessment, students vandalised classrooms, administrative offices, teachers’ quarters, the dining hall and several school buses during the unrest.
Justice Sergon further ruled that parents bore collective responsibility for the conduct of their children while in school, particularly where damage to public property was involved and that the school acted within the law to restore learning facilities.
The ruling clears the way for the school to proceed with the collection of the levy as it undertakes repairs and reconstruction of the damaged infrastructure.
The students’ destructive riot which left the school on its knees, came after the school allegedly denied learners chance to watch English Premier League match.
By Our reporters
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