An International School has been ordered by a Nairobi court to readmit an expelled student back to studies pending the hearing of an application filed by his matter in the high court.
Justice James Makau directed the school to allow the boy back to school on all the subjects but on virtual basis pending hearing of the case.
The mother of the child last week sued the school for expelling her son from school for allegedly engaging in a fight with another student.
“The school is directed and ordered to allow and or provide means to facilitate the minor to proceed with education or proceed with learning virtually in respect of all subjects from home pending the determination of the case,” Judge Makau directed.The Judge further directed the school to comply with all the basic education act provisions regarding the disciplinary process it is currently undertaking against the minor following the alleged fight incident at the learning institution.
The parent through lawyer Danstan Omari asked the court to compel the school to readmit the minor and allow him to continue learning virtually pending the disciplinary actions.Omari had also informed the court to direct the international school to comply with basic education act while disciplining the minor. The basic education act provides that once a student is suspended after 14 days a disciplinary committee should be formed.When the committee decides to expel the student then the act stipulates that they have to write to the CS George Magoha who is the only one to expel the student.According to documents the minor who in Year 12 was illegally sent away from school for fighting without any evidence.
The mother who pay a Sh 1.2 Million school fees per term for her son believes it is discriminatory to send her son from school.She argues that the school ignored her son’s complaint of being sexually harassed by other students but decided to send him away from school for fighting.The mother adds that as a result of the alleged fight that her son had, she was put in solitary confinement away from the rest of the students.”…Denying him the opportunity to study and interact with his peers was a discriminatory action by the respondent (school),”reads the court documentsFollowing the alleged incident the mother says she was called to school and informed that her son had broken school rules by fighting.The mother revealed that when she inquired from the child on the veracity of the allegations she learned that he had been bullied and sexually harassed by students.It was also revealed that the school, despite receiving complaints from the student, did not take any action.The mother also told the court that her child had received threats both verbally and on social media platforms from other students in regard to the alleged incident as well as parents of the alleged perpetrators.She expressed her disappointment at how she had been treated by the school and how unjustly her son was treated.However, the schools board of directors in their grounds of opposition had asked the court not to grant them orders arguing that the petition was bad in law and an abuse of the court process. “The petitioner herein has failed to demonstrate the existence of exceptional circumstances warranting the curt to exempt her from the obligation to exhaust alternative remedies in the interest of justice” reads court documents.
The school wanted the mother to exhaust all the available alternative remedies before they moved to court.The case will be mentioned on February 22 for further directions..