The principal of Othaya Boys High School in Nyeri has been found guilty of contempt of court and sentenced to six months in prison for violating an order to re-admit 20 students.
Edward Muhuni disobeyed a March 23 order that was issued by High Court Judge Justice Florence Muchemi ordering him to re-admit the candidates who had been suspended for assault.
According to Justice Muchemi, the students had provided sufficient proof that the order had been served on the principal and the school’s Board of Management (BOM) through their lawyer Muhoho Gichimu.
She stated that they provided stamped copies that acknowledged that the order was received by school administrators and that administrators had responded to it.
“Service of the orders on the respondent has not been denied in this application as the school’s BOM has replied trying to justify its failure to obey the said order, “Justice Muchemi said.
She faulted the school administration for failing to challenge the order in court.
“Assuming that the school had a problem with obeying the order, it would have instructed its counsel to challenge it in court but nothing of that sort was done and it instead remained adamant in shutting the students from its premises,” said the judge.
According to court documents, the students were suspended last October after attacking three of their classmates, one of whom was severely injured.
In an affidavit, Mr. Muhuni stated that he rescued the three students from the school’s washroom block, where the incident occurred, and reported the incident to the police station.
After the students were charged in court, the school decided to suspend them during a BOM meeting as they were suspected of bullying others.
However, the students, who were KCSE candidates, filed a lawsuit in the High Court seeking orders to be re-admitted to school pending the determination of their assault case.
However, following the re-admission court order by Justice Muchemi, the school administration convened a meeting with the suspended students and their parents, at which they were required to pay Ksh 3,500.
According to the students’ lawyer, Mr. Muhoho, the students were informed during the meeting that they would be day scholars and would be accommodated at a nearby school with an external cook and an officer to guard them.
The Ksh 3,500 was supposed to pay for the cost of the external cook’s services.
Mr. Muhoho claimed that during the BOM meeting, school administrators were not cordial as they condemned the students for suing the school.
