The Lower Eastern Times Opening The Third Eye
Three parents have petitioned the High Court seeking orders compelling Kitui School to readmit their sons, whom they claim were barred from attending classes after allegedly taking part in student unrest.
In an urgent application filed before the High Court in Kitui, Josiah Musyoka, Leonard Kyalo, and a third petitioner argue that the school’s actions have unlawfully denied their children their constitutional right to education. Named as respondents in the case are Kitui School Principal Benard Mutua, the school’s Board of Management, and four other parties.
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During a hearing before Justice Stephen Riechi on Tuesday, lawyer David Musyoka, representing the parents, urged the court to expedite the matter, noting that the students had been out of school since June and were missing examinations along with critical learning time.
Musyoka argued that the school had acted unlawfully by excluding the students without giving them a fair hearing, in breach of the principles of natural justice. He told the court that after the students were initially suspended, they returned to the institution with their parents on July 9 but were instead directed to appear before Deputy Principal Festus Mutuku — an official the lawyer said lacked the legal authority to conduct disciplinary proceedings.
According to Musyoka, the deputy principal informed the students they were no longer welcome at the school and instructed parents to withdraw them, actions he described as a clear violation of the law. He maintained that this contravened the legal procedures required for expelling learners from public schools, stressing that although the students had not been formally expelled, they had nonetheless been denied access to the institution.
Countering these claims, respondents’ counsel Morris Kimuli defended the school’s handling of the matter, telling the court that the disciplinary process followed the law. He explained that the case had been referred to the Board of Management, which heard all affected students before reaching its decision. According to Kimuli, the board cleared some students of wrongdoing, issued them cautions, and allowed them back into school, while those identified as alleged ringleaders — including the petitioners’ sons — had their cases forwarded to the County Education Board for further determination.
Kimuli added that the students were expected to await the County Education Board’s ruling, noting that the law provides for an appeal to the Education Appeals Tribunal should they be dissatisfied with the outcome.
Justice Riechi directed all parties to submit their written submissions by August 10, with judgment scheduled for August 24.
