The High Court in Kiambu ruled that the administration of Senior Chief Koinange High School was within the law when it expelled a student for lesbianism and threats to burn down the school.
Justice Peter Mulwa upheld the administration’s decision, noting that learning institutions must strike a balance between the right of protection for an unruly learner and the right of other students to education.
Despite the fact that the National Gay and Lesbian Human Rights Commission objected to the institution’s judgment, the court insisted that all students are supposed to follow school norms and regulations.
“I find no malice in the actions taken by the school to address the possible unrest. Failure to abide by such attracts consequences to be meted by the school,” he said.
The student, filed the complaint in court in 2022 through her father. The school’s board of management, the principal, and the Attorney General were all sued. As an interested party, the National Gay and Lesbian Human Rights Commission was listed.
On November 5, 2021, the minor was in form 4 when she was expelled. She alleges she was expelled from school on November 9, 2021, after being sent out at midnight on suspicions of lesbianism.
“Out of concern of being a candidate, I wrote an apology letter but was denied entry into the school to deliver the same and was not accorded a fair hearing at the board meeting held on December 20, 2021. The decision of the board meeting was not communicated to me in time.”
She claimed that her constitutional right to education had been infringed. Sought to overturn the school’s decision to permanently expel her. And an order forcing the school to readmit her.
In response to her case, the school said that the minor’s parents were notified of the grounds for sending her home.
It informed the court that on December 20, 2021, a disciplinary committee met in the juvenile’s presence and decided that, in the best interests of other students, the minor should stay at home but be permitted to take the exams.
The school informed the judge that the minor’s threats to burn down the institution occurred at a time when other institutions around the country were being burned down. During this time, the Ministry of Education issued a strong warning on how institutions should deal with such threats.
