Nairobi: Form Four student dealt blow in court battle against school
A Form Four student, who was expelled from a school in Nairobi for being in possession of drugs, has lost a chance to be readmitted at the institution to sit his KCSE exams, which are less than two months away.
The school disciplinary committee found the minor culpable and expelled him in February this year but noted that he would only be allowed at the institution to write his KCSE exams at the end of this year.
However, Justice Wilfrida Okwany on Monday ruled that allowing the student back to the school will send a negative message to other learners that disobeying rules attracts no consequences.
“Needless to say the readmission of the petitioner may not be in his best interest bearing in mind the stigma that he may suffer as a result of his past record,” ruled the judge.
The student was suspended from the school following claims of indiscipline and involvement in drugs and substance abuse. On February 21, 2018 the minor faced the school disciplinary committee for the hearing where he is said to have pleaded guilty.
The court further took judicial notice of the fact that learning institutions have in the recent past faced numerous and worrying cases of indiscipline among students that has led to wanton destruction of property, serious injuries and in some cases, even loss of lives.
“Under these circumstances schools’ administration are expected to be extra vigilant and to take all the necessary precautions in order to protect the lives and property within their institutions and these measures include the exclusion of students who have, after going through the due process, been found culpable of the charges made against them,” reads the judgment.
Justice Okwany said she was satisfied that in suspending the petitioner and calling upon him to answer to the charge of drug and substance abuse, and thereafter reaching the verdict of guilt after the petitioner admitted the charge, the school acted within its mandate and rules in recommending his expulsion.
“It is therefore my finding that the disciplinary process did not amount to an infringement of the petitioner’s constitutional right to education,” said judge.
The court ruled that the school subjected the pupil to the requisite disciplinary process, hence, was justified in excluding him from studying at the institution.