Court orders Kabarak High School to readmit Form 4 student sent away over vape possession

The High Court has ordered Moi High School Kabarak to immediately readmit a Form Four student who had been sent away, directing that the learner be back in class by 5 p.m.

In orders issued on Thursday, Justice John Chigiti directed the school’s administration to unconditionally readmit the student, identified in court documents as M.L.A., reportedly suspended over possession of an electronic cigarette, commonly referred to as a vape.

“Respondents are hereby directed to forthwith readmit M.L.A into class unconditionally,” Justice Chigiti ordered.

The directive followed an application challenging the student’s removal from the school.

At the same time, the court directed the applicant to file and serve a supplementary affidavit by 5 p.m. on March 12, 2026.

The judge further ordered that submissions by counsel for the parties should also address the Notice of Preliminary Objection raised in the matter.

The case will be mentioned on March 18, 2026, to report on compliance with the court orders and for the court to reserve a judgment on the matter.

The dispute stems from disciplinary action taken by the school after the student was allegedly found in possession of an electronic cigarette, commonly referred to as a vape.

According to court documents, the school administration said it received credible reports on February 12, 2026, that the student had brought the device into the institution.

In a replying affidavit, the school’s deputy principal in charge of administration, Richard Rono, said preliminary investigations established that the student had brought the vape device into the dormitory.

“The seriousness of the allegation prompted the school administration to initiate disciplinary proceedings in accordance with the school disciplinary framework,” Rono told the court.

The student was issued a temporary suspension letter dated February 12, 2026, requiring him to leave the school pending investigations and return on February 24, 2026, with his parent for a disciplinary hearing.

According to the affidavit, the student later wrote an apology letter admitting that he had purchased the vape device near Capital Centre in Nairobi and brought it to school.

The disciplinary hearing was held on February 24, 2026 and was attended by members of the disciplinary committee, the student and his mother.

However, through lawyer Danstan Omari, the student moved to court, arguing that the continued exclusion from school was unlawful and violated his constitutional and statutory right to education.

The school, together with its Board of Management, filed a Notice of Preliminary Objection asking the court to strike out the case.

Through lawyers from HS Law Advocates LLP, the respondents argue that the dispute should first have been taken before the Education Appeals Tribunal as provided under the Basic Education Act.

“The Applicant has bypassed the statutory framework and improperly invoked the jurisdiction of this Honourable Court,” the respondents argue.

They further maintain that the case improperly invites the court to determine the merits of a disciplinary decision rather than review the legality of the decision-making process, which they say is the proper scope of judicial review.

The respondents also contend that the case has been overtaken by events, claiming the student voluntarily withdrew from the school before the disciplinary process was concluded.

The court will review the parties’ submissions when the matter returns for mention on March 18.