By Andrew Kariuki
The High Court has ordered Moi High School Kabarak to immediately readmit a Form Four student who had been suspended, pending the hearing and determination of a case challenging the school’s disciplinary decision.
In interim orders issued on March 4, 2026, Justice John Chigiti directed the school to allow the student, identified in court documents as M.L.A, to return to class without any conditions.
“Respondents are hereby directed to forthwith readmit M.L.A into class unconditionally,” Justice Chigiti ordered.
The court also certified the application filed by the student’s parent as urgent and scheduled the matter for mention on March 12, 2026, to confirm compliance with its directions.
According to court papers, the student, a Form Four candidate preparing for the 2026 national examinations scheduled for November, has been out of school since February 12, 2026, when the institution suspended him.
The parent told the court that although the suspension period was set to run from February 12 to February 24, 2026, the school has allegedly refused to readmit the student even after the suspension lapsed.
In the application filed through lawyer Danstan Omari, the parent argues that the continued exclusion from school is unlawful and violates the student’s constitutional and statutory right to education.
Court documents further state that the disciplinary process leading to the suspension was flawed because the student was allegedly not given an opportunity to be heard before the decision was made
“The student has been denied the fundamental right to be heard, and no proper or lawful disciplinary process was conducted in accordance with the principles of natural justice and the school’s own regulations,” the application states.
The suit cites Section 35 of the Basic Education Act and the Fair Administrative Action Act, arguing that the decisionmaking process was illegal, unreasonable and failed to meet the standards of fair administrative action.
The parent also told the court that keeping the student out of school at such a critical stage of his academic career is highly prejudicial, given that he is preparing for his final secondary school examinations.
According to the application, the continued absence from school could negatively affect the student’s academic preparation, psychological well-being and future prospects, while his peers continue with learning.
The parent further relies on Article 53(2) of the Constitution, which provides that the best interests of the child must be paramount in every matter concerning a child.
As part of the case, the applicant is seeking orders of certiorari to quash the suspension letter issued on February 12, 2026, and mandamus compelling the school to formally reinstate the student.
The court directed the applicant to serve the application within seven days, after which the respondents and interested parties will have a similar period to file their responses before the matter proceeds.
The case will be mentioned on March 12, 2026, to confirm compliance and provide further directions on the hearing of the petition.
