Kitui School Taken to Court for Locking Out Students Linked to Unrest
In the suit, the school’s Principal Benard Mutua, the Board of Management (BOM) and four other officials have been named as respondents.
Photo: Courtesy.
By Robert Mutasi
Prestigious Kitui School is facing a court battle after three parents sued the institution for barring their sons from class over alleged involvement in student unrest.
The parents, Josiah Musyoka, Leonard Kyalo and one other, have filed an urgent petition at the Kitui High Court seeking to have their children re-admitted, arguing that the school has violated their constitutional right to education.
In the suit, the school’s Principal Benard Mutua, the Board of Management (BOM) and four other officials have been named as respondents.
Appearing before Justice Stephen Riechi on Tuesday, lawyer David Musyoka for the petitioners told the court that the learners have been out of school since June and are missing crucial lessons and internal examinations.
He said the students were initially sent home on suspension following unrest at the school, but when they returned with their parents on July 9 for a disciplinary hearing, they were not given a fair hearing.
According to the lawyer, the students were instead directed to appear before Deputy Principal Festus Mutuku, who he argued has no legal mandate to conduct expulsion proceedings.
“The deputy principal told the students they were no longer wanted in the school and ordered parents to take them away. That is completely against the law and the rules of natural justice,” Musyoka told the court during a virtual session.
He argued that under the Basic Education Act and Ministry of Education regulations, no student can be expelled without a formal hearing by the BOM and approval by the County Education Board.
He added: “These students have not been formally expelled on paper, yet they are being denied access to the school compound. They are in limbo.”
But the school, through its lawyer Morris Kimuli, defended its actions, saying it followed due process.
Kimuli told the court that after the unrest, all implicated students were subjected to internal investigations and then presented before the Board of Management.
He said the BOM pardoned some students after finding them not culpable and they were allowed back to class, while those found to be ringleaders, including the three petitioners’ sons, had their cases escalated.
“The Board referred the cases of the alleged ringleaders to the County Education Board for final determination as required by law. They should wait for that decision, and if aggrieved, they have a right of appeal to the Education Appeals Tribunal,” Kimuli submitted.
Justice Riechi directed both parties to file written submissions by August 10 and set ruling for August 24, noting the matter touches on the fundamental right to education.
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