- Three parents have petitioned the High Court in Kitui to compel the school to re-admit their sons, who were barred from class since June over alleged links to student unrest.
- Lawyer David Musyoka argued the school denied the students a fair hearing and that the deputy principal unlawfully ordered them removed without a formal expulsion process.
- Counsel for the school, Morris Kimuli, maintained the Board of Management followed due process, with the alleged ringleaders’ cases referred to the County Education Board; Justice Riechi set judgment for August 24.
Three parents have moved to the High Court seeking orders compelling Kitui School to re-admit their sons, claiming they were unlawfully barred from attending classes after allegedly being linked to student unrest.
In an application filed under a certificate of urgency at the High Court in Kitui, Josiah Musyoka, Leonard Kyalo and another petitioner argue that the school’s decision has violated their children’s constitutional right to education.
The petition names Kitui School Principal Benard Mutua, the school’s Board of Management and four other parties as respondents.
Appearing before Justice Stephen Riechi on Tuesday, July 28, lawyer David Musyoka, representing the parents, urged the court to hear the matter urgently, arguing that the students have been out of school since June and continue to miss examinations and valuable learning time.
Musyoka submitted that the school acted unlawfully by excluding the students without giving them a fair hearing, contrary to the principles of natural justice.
He further told the court that after the students returned to the school with their parents on July 9 following their suspension, they were directed to appear before Deputy Principal Festus Mutuku.
According to the lawyer, the deputy principal lacked the legal authority to conduct disciplinary proceedings against the students.
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“The deputy principal informed the students that they were no longer required at the school. Parents were told to remove them from the institution, which is completely against the law,” he submitted during the virtual hearing.
He maintained that the school’s actions violated the legal procedures governing the expulsion of learners from public schools.
“In this case, the students have not been formally expelled, yet they have been denied access to the school,” argued Musyoka.
School Defends Board’s Disciplinary Process Against Students
Counsel for the respondents, Morris Kimuli, defended the school’s actions, arguing that the disciplinary process was conducted in full compliance with the law.
Kimuli told the court that the matter was referred to the Board of Management, which heard each of the affected students before reaching its decision.
According to the lawyer, the board found some students not culpable, cautioned them and allowed them to resume their studies.
However, cases involving students identified as the alleged ringleaders, including the petitioner’s sons, were referred to the County Education Board for further determination.
“They are expected to await the County Education Board’s decision. If they are dissatisfied with the outcome, the law provides for an appeal to the Education Appeals Tribunal,” said Kimuli.
Justice Riechi directed all parties to file their written submissions by August 10, ahead of the delivery of judgment on August 24.
By Frank Mugwe
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