Written By Cyrus Kimanga
The State has moved to the Appellate Court seeking to overturn a decision by the High Court that found Othaya Boys High School Principal, Edward Muhuni, in contempt of a court order.
Principal State Counsel, Siro Chris, has filed a Notice of Appeal challenging a ruling by Justice Florence Muchemi, passed last week, in which both the School Board of Management (BOM) and Muhuni were found culpable of disobeying a court order after failing to readmit 20 former students to school after they had been suspended over acts of indiscipline.
The students through their lawyer, Muhoho Gichimu, had moved to the Nyeri High Court claiming the school had failed to allow the learners back in school even after receiving the order dated March 23.
The students, all Form fours, had been suspended from school in October last year after allegedly assaulting some of their colleagues.
But Justice Muchemi in her ruling said the students through their lawyer had provided sufficient proof that the school had erred in disregarding the order that had given a reprieve to the suspended students.
However, the Government has faulted Justice Muchemi’s ruling saying it poses a bad precedent in dealing with indiscipline cases at institutions of learning.
It also states that the Board had sought the advice of the State Counsel over the said order where an agreement was agreed upon in which the affected students were to be accommodated at an alternative place outside the school.
This, according to the State, was meant to safeguard both the complainants’ security and that of fellow learners.
