The High Court has directed Moi High School Kabarak to immediately readmit a Form Four student who had been suspended, pending the determination of a case challenging the school’s disciplinary decision.
In interim orders issued on March 4, 2026, Justice John Chigiti instructed the school to allow the student, identified in court documents as M.L.A, back into class unconditionally so that he can resume his studies.
“Respondents are hereby directed to forthwith readmit M.L.A into class unconditionally,” Justice Chigiti ordered.
Urgent Application
The court certified the application filed by the student’s parent as urgent and scheduled the matter for mention on March 12, 2026, to confirm compliance with its directions.
According to the application, the student who is preparing for the national examinations scheduled for November 2026 was suspended on February 12, 2026. Although the suspension period was set to lapse on February 24, the parent alleges that the school refused to allow the student back, effectively extending his exclusion unlawfully.
Claims of Procedural Flaws
Through lawyer Danstan Omari, the parent argues that the disciplinary action was procedurally flawed and violated the student’s constitutional and statutory right to education.
Court papers contend that:
- The student was denied the right to be heard.
- No proper or lawful disciplinary process was conducted in line with the principles of natural justice.
- The school failed to adhere to its own disciplinary regulations.
The suit 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 standards of fair administrative action.
Impact on Education and Well-being
The applicant maintains that keeping the student out of school at such a critical stage of his academic career is gravely prejudicial. The continued absence, they argue, could negatively affect his academic preparation, psychological well-being, and future prospects, while his peers continue learning uninterrupted.
The application also invokes Article 53(2) of the Constitution, which requires that the best interests of the child be paramount in all matters concerning children.
Reliefs Sought
The parent is seeking:
- Orders of certiorari to quash the suspension letter issued on February 12, 2026.
- Orders of mandamus compelling the school to reinstate the student.
The court directed the applicant to serve the application within seven days. The respondents and interested parties will then have seven days to file their responses, followed by written submissions from both sides. The matter will be mentioned on March 12, 2026, to confirm compliance and give further directions on the hearing.
