Moi High School Kabarak defies court order as student denied readmission

The court has been told that officials at Moi High School Kabarak, have failed to comply with orders directing the immediate and unconditional readmission of a student, even as the child and his parents remain at the school premises.

In a further affidavit, the court was informed that the parents and the minor are currently at the school, awaiting enforcement of previous orders.

Lawyer Danstan Omari, representing the child, urged the court to treat the matter as one requiring close monitoring, noting that the family had presented themselves for compliance but had not been allowed access.

In a further affidavit filed in court, the student’s father, Evans Mbicha Ayiema, detailed multiple attempts to comply with the court directive.

He stated that shortly after the orders were issued, he picked up the minor from Kitengela and travelled to Nakuru to facilitate his return to school. On the way, he attempted to contact the school principal for guidance but received no response.

Upon arrival, he pointed out that they were denied entry by security personnel who insisted they required express authorization from the principal. Efforts to reach the principal by phone were unsuccessful, with calls going unanswered.

Ayiema further deposed that while they were still at the school, part of the first-term fees that had earlier been earmarked for refund were processed and remitted to his wife’s account.

He also claimed that the school later contacted his wife, advising that he should abandon the pursuit of the matter, citing the student’s registration with the Kenya National Examinations Council (KNEC).

According to the affidavit, the principal later sent a message indicating that the school was ready to receive the student, which he interpreted as a willingness to comply.

However, despite this, security officers allegedly continued to deny them entry and the principal remained unreachable.

A second attempt to gain access to the school on a later date was also unsuccessful, with Ayiema stating that staff avoided him, declined to answer calls, and refused to engage.

Lawyer Omari asked the court to mention the matter in a week to confirm compliance with the orders.

“I request this court to mention the matter in a week’s time,” he submitted.

The court directed that the matter be mentioned on March 24 to report on the student's admission.