High Court orders Moi High School to readmit student after an alleged unlawful suspension

"Respondents are hereby directed to forthwith readmit M.L.A into class unconditionally," justice John Chigiti ordered 

In interim orders issued on March 4, 2026, the court directed the school to forthwith readmit the student, identified in court documents as M.L.A, unconditionally so that he can resume his studies.

The court 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 the application, the student, a Form Four candidate preparing for the national examinations scheduled for November 2026, has been out of school since February 12, 2026, when he was suspended by the institution.

The parent argues that despite the suspension period running from February 12 to February 24, 2026, the school has allegedly refused to allow the student back to class, effectively keeping him out of school even after the lapse of the suspension period.

"The student has been denied the fundamental right to be heard, and that no proper or lawful disciplinary process was conducted in accordance with the principles of natural justice and the school’s own regulations, rendering the purported suspension and continued exclusion unlawful and procedurally flawed," reads court papers 

In the court papers, the applicant though lawyer Danstan Omari contends that the continued exclusion is unlawful and violates the student’s constitutional and statutory right to education.

The parent further claims the disciplinary action was procedurally flawed, arguing that the student was not accorded an opportunity to be heard before the decision was made, contrary to the principles of natural justice and the school’s own disciplinary regulations.

The suit also cites Section 35 of the Basic Education Act and the Fair Administrative Action Act, arguing that the decision making process was illegal, unreasonable, and failed to meet the standards of fair administrative action.

The applicant maintains that keeping the student out of school at such a critical stage of his academic career is gravely prejudicial, noting that he is preparing for his final secondary school examinations.

The court was told that 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 applicant also argues that under Article 53(2) of the Constitution, the best interests of the child must be paramount in every matter concerning a child.

As part of the case, the parent is seeking orders of certiorari to quash the suspension letter issued on February 12, 2026, and mandamus compelling the school to reinstate the student.

The court directed the applicant to serve the application within seven days, after which the respondents and interested parties will have seven days to file their responses, followed by written submissions from both sides.

The matter will be mentioned on March 12, 2026 to confirm compliance and give further directions on the hearing of the case.