By Andrew Kariuki
New details have emerged in the ongoing legal battle involving Moi High School Kabarak, with the parent of a Form Four student now accusing the institution of defying a High Court order directing the learner’s immediate re-admission.
In a further affidavit filed before the High Court in Nairobi, Evans Mbicha Ayiema, who is suing on behalf of his son identified as M.L.A, through his lawyer, Danstan Omari, claims that the school failed to comply with orders issued on March 12, 2026, requiring the student to be unconditionally readmitted by 5:00 p.m.
Ayiema told the court that he travelled to Nakuru with the student on the same day in an effort to comply with the court’s directive, but encountered resistance from the school administration.
According to the affidavit, attempts to reach the school principal, Mrs. Elishabah Cheruiyot, for guidance on the re-admission process were unsuccessful, as messages sent went unanswered.
He further stated that upon arrival at the school, security personnel denied them entry, indicating that access required express authorization from the principal.
“Upon arrival at the gate of Moi High School Kabarak, I was denied entry by security personnel who stated access required express authorization from the principal,” he deposed.
The parent also claims that while they were at the school premises, part of the first-term school fees was refunded to his wife’s bank account, a move he interpreted as inconsistent with the court’s directive on re-admission.
Bank records attached to the affidavit show that a sum of Ksh73,500 was credited to an account in the name of Peninah Maruna Mareru on March 12, 2026, with subsequent withdrawals made through mobile transactions.
Ayiema further alleges that the school later communicated that he should desist from pursuing the matter, citing that KCSE candidates had already been registered with the Kenya National Examinations Council (KNEC).
Despite receiving a later message from the principal indicating that the school was “awaiting the child,” he maintains that they were still denied entry, with the principal allegedly declining to take his calls.
He told the court that a subsequent attempt to access the school on a later date also proved unsuccessful, with staff allegedly avoiding communication and declining to facilitate the student’s return.
The affidavit has now introduced fresh questions over whether the school complied with the court’s orders, as the matter continues to unfold before the High Court.
The case, filed under Judicial Review Application No. E059 of 2026, pits the student’s parent against the school’s administration and board, with the Ministry of Education and the County Director of Education listed as interested parties.
The dispute stems from the student’s earlier suspension over alleged disciplinary issues, which the parent has challenged as unlawful, arguing that it violates the learner’s right to education.
