Makini School to appeal court ruling granting expelled learners Ksh.600K compensation

The Makini School now says it is considering whether to appeal the High Court’s Thursday ruling that the institution violated the dignity and mental well-being of two learners by expelling them due to their father’s behavior.

In issuing the ruling, which also awarded the minors Ksh.600,000 as compensation, the court heard that on July 7, 2023, the children were removed from class and handed termination letters by head teacher Catherine Njuguna, who directed them to wait for their parents at the pickup area.

Through their mother, the minors sued the school, claiming the expulsion was unjustified. Advocate Apollo Mboya told the court that the minors were top-performing students with no history of disciplinary issues.

While the court upheld the school’s right to terminate the learning contract with the minors, the Makini management has expressed reservations about aspects of the Justice Lawrence Mugambi judgment, particularly regarding the process of termination.

The management indicated that it is now reviewing the judgment and considering whether to appeal on this specific issue.

In a statement released following the court’s decision, Makini School emphasized its responsibility to maintain a safe and secure learning environment for its 4,600 learners and 300 staff members.

“While we acknowledge the court’s ruling as it relates to the process of termination, we respectfully disagree,” the statement read.

The school said that the termination followed years-long attempts to address the situation, taking into consideration the interests of all parties involved.

The High Court ruling upheld the school’s legal right to terminate the contract, citing the contractual relationship between private institutions and their students.

The judgment clarified that the constitutional right to free and compulsory basic education, as outlined in Article 53(1) of the Kenyan Constitution, is an obligation of the State and does not extend to private schools.