Makini School has indicated that it may appeal a High Court ruling that awarded two pupils Ksh 600,000 in compensation after their expulsion due to their father’s behaviour.
Last Thursday, Judge Lawrence Mugambi ruled that the school had violated the children’s dignity and mental well-being by removing them from class on 7 July 2023 and handing them termination letters. Headteacher Catherine Njuguna instructed the pupils to wait for their parents at the pickup area.
Their mother sued the school on their behalf, arguing that the decision was unjustified. Their lawyer, Apollo Mboya, informed the court that the children were top-performing students with no history of disciplinary issues. In response to the ruling, Makini School issued a statement emphasising its duty to provide a safe learning environment for its 4,600 students and 300 staff members.
“While we acknowledge the court’s ruling as it relates to the process of termination, we respectfully disagree,” the school stated. They added: “Unfortunately, due to the disruptive behaviour of their father, we had to terminate the schooling contract.”
Makini School explained that the decision followed years of attempts to address the issue, balancing the interests of all parties involved.
The court upheld the school’s legal right to terminate the contract, emphasising that the constitutional right to free and compulsory basic education, as outlined in Article 53(1) of the Constitution, applies to the State and not private institutions.
“The relationship between such an institution and the beneficiaries of its services thus squarely rests on the arrangement that they have entered into,” Judge Mugambi noted.
The ruling affirmed that Makini School was within its legal rights to discontinue the contract once it became clear that the parent-school relationship was untenable.
This legal basis will inform the school’s potential appeal. “We are therefore now considering whether to exercise our right to appeal on this singular issue, as it is our firm belief that the learners in question were at all times treated with respect and dignity, throughout several years of exhaustive efforts to resolve this matter,” the school stated.
