NAKURU COUNTY, Kenya — Moi High School Kabarak has defended its disciplinary action against a Form Four student accused of bringing an electronic cigarette into the institution, telling the court that proper disciplinary procedures were followed in handling the matter.
The school, together with its Board of Management, filed a Notice of Preliminary Objection seeking to have the case struck out, arguing that the court lacks jurisdiction to hear the dispute at this stage.
School Cites Legal Framework
According to the respondents, the case should first have been presented before the Education Appeals Tribunal, as provided under the Basic Education Act No. 14 of 2013.
The school argues that Section 85 of the Act allows individuals aggrieved by decisions made by education authorities to appeal to the tribunal, while Section 93 establishes the tribunal to determine disputes arising from the administration of basic education.
Through lawyers from HS Law Advocates LLP, the respondents also cited Fair Administrative Action Act, which requires parties to exhaust internal dispute resolution mechanisms before seeking intervention from the courts.
“The Applicant has bypassed the statutory framework and improperly invoked the jurisdiction of this Honourable Court,” the respondents stated in their objection.
The school further argued that the suit improperly invites the court to determine the merits of a disciplinary decision, rather than reviewing the legality of the decision-making process, which they say is the proper scope of judicial review.
Student’s Withdrawal From School
The respondents also contended that the matter has been overtaken by events, claiming the student voluntarily withdrew from the school before the disciplinary process was concluded.
In a replying affidavit, the school’s Deputy Principal in charge of Administration, Richard Rono, told the court that the student had been admitted to the institution on January 10, 2024, and was in Form Four, Class C, Athi House.
Rono said the school received credible reports on February 12, 2026, alleging that the student had brought an electronic cigarette (vape) into the school.
He explained that the device is associated with smoking substances and its possession violates school regulations on drugs and smoking.
Following the report, the school’s discipline department initiated preliminary investigations, which allegedly confirmed that the student had brought the device into the dormitory.
“The seriousness of the allegation prompted the school administration to initiate disciplinary proceedings in accordance with the school disciplinary framework,” Rono stated.
Disciplinary Hearing Conducted
The student was issued with a temporary suspension letter dated February 12, 2026, requiring him to leave the school pending investigations and return on February 24, 2026, accompanied by a parent for a disciplinary hearing.
According to the affidavit, the student later submitted an apology letter admitting that he had purchased the vape device near Capital Centre in Nairobi before bringing it to school.
The disciplinary hearing took place on February 24, 2026, attended by members of the disciplinary committee, the student, and his mother.
High Court Orders Temporary Readmission
The dispute reached the High Court of Kenya, which last week ordered the school to immediately readmit the student pending the hearing and determination of the case.
Justice John Chigiti issued interim orders directing the institution to allow the student identified in court documents as M.L.A to resume his studies.
“Respondents are hereby directed to forthwith readmit M.L.A into class unconditionally,” Justice Chigiti ruled.
The student’s legal team, led by lawyer Danstan Omari, argues that the continued exclusion from school is unlawful and violates the student’s constitutional and statutory right to education.
The school is now asking the court to strike out the case with costs, maintaining that the dispute should first be addressed through the education dispute resolution mechanisms established under Kenyan law.
