Three parents have approached the High Court in Kitui to compel Kitui School to allow their sons back to class. The students were barred following accusations of participating in a recent student unrest.
In a certificate of urgency filed before Justice Stephen Riechi, petitioners Josiah Musyoka, Leonard Kyalo, and another parent argue the school’s decision infringes on their children’s constitutional right to education. The respondents include Kitui School Principal Benard Mutua, the Board of Management, and four other parties.
Legal Arguments Presented
- Lawyer David Musyoka, representing the parents, urged for expedited hearing, noting the students have been out of school since June, missing exams and critical learning time.
- He challenged the legality of the exclusion process, stating the students were denied a fair hearing, violating natural justice principles.
- Musyoka contended that the Deputy Principal, Festus Mutuku, lacked authority to conduct disciplinary proceedings when students returned with their parents on July 9 and was unlawfully told they were no longer welcome at the school.
- He emphasized that the students have not been formally expelled but are effectively barred from accessing education.
School’s Defense
- Respondents’ counsel Morris Kimuli maintained the disciplinary process complied with legal requirements.
- He explained the Board of Management held hearings for all involved students, clearing some and allowing their return.
- Students identified as ringleaders, including the petitioners’ sons, had their cases forwarded to the County Education Board for further determination.
- Kimuli noted that dissatisfied parties may appeal to the Education Appeals Tribunal following the County Board’s decision.
Justice Riechi directed written submissions from both sides by August 10 and scheduled judgment for August 24.
