- Moi Kabarak High School has been ordered to reinstate a form four student who was expelled from school in February
- Milimani High Court Judge, John Chigiti, issued the order on Thursday, March 12, following a petition filed by the student’s father
- The father, through lawyer Danstan Omari, is contesting the school’s decision to prevent his son from continuing his studies after completing the 12-day suspension.
The High Court has ordered Moi Kabarak High School to reinstate a fourth form student who was expelled from the school due to allegations of misconduct.
Source: Original
Judge John Chigiti issued the order to the school management after the student, through his father, sued the institution, saying that his son’s constitutional rights were violated by the school.
Why did Moi Kabarak High School expel a Form Four student?
The judge, on Thursday, March 12, ordered the principal to unconditionally allow the student, who was identified in court documents as MLA, to resume classes by 5 p.m.
Through a lawyer Danstan Omarithe boy’s father told the court that his son, who is a fourth form candidate, was suspended in February.
“By letter dated February 12, 2026, the school suspended him for a period of twelve (12) days, from February 12, 2026 to February 24, 2026. (Attached and marked here as EMAI is a copy of the letter). That after that period of suspension and subsequent disciplinary hearings held on February 24, 2026, the accused has unlawfully and/or unreasonably refused to allow him to return at school,” says part of the court papers seen by TUKO.co.ke.
The father added that learning activities have continued without interruption at school while his son has remained at home since February 12, and continues to be excluded from attending classes. “My son is a fourth-year candidate scheduled to take his final national exams in November 2026, and is therefore at a critical and critical stage of his academic development that requires uninterrupted instruction, remediation, and preparation. My son’s continued exclusion from school has caused and continues to cause significant academic prejudice, loss of valuable study time, and mental stress, which prejudice cannot be adequately remedied by compensation,” the court papers read.
Lawyer Omari told the court that there was a violation of procedure and laws of natural justice as the student was not given the opportunity to be heard.
He claimed that everyone has the right to administrative action that is prompt, effective, legal and procedurally fair.
“Under Article 53(2) of the Constitution, the interest of the child is very important in everything that concerns the child,” Omari emphasized.
Source: Original
The father opposes the school’s decision to expel his son
The father also pointed out that it is against his son’s interest to stay out of school while his peers continue with studies and preparation for exams.
The court also directed the petitioner, who is contesting the school’s decision to expel the student, to file an additional affidavit.
It further ordered that the submissions of counsel for both parties deal with the Notice of Preliminary Objection that has been raised in the matter.
The case will be mentioned on March 18, to confirm compliance with the court’s orders and the court will reserve its decision on the dispute.
How many times was Cliff Ombeta expelled from school?
Earlier, TUKO.co.ke reported that lawyer Cliff Ombeta had revealed that he was expelled from school many times.
One of the expulsions, Ombeta said, happened when he was in Grade Six.
He disclosed this while advising students involved in the death of Daystar University student, Lorna Kathambi.
Read ENGLISH VERSION
Do you have an exciting story that you would like us to publish? Please contact us via news@tuko.co.ke or WhatsApp: 0732482690.
Source: TUKO.co.ke
