Three parents have moved to the High Court seeking orders to compel Kitui School to re-admit their sons, whom they claim have been barred from attending classes after allegedly participating in student unrest.
In an application filed under a certificate of urgency before the High Court in Kitui, Josiah Musyoka, Leonard Kyalo and another petitioner argue that the school's decision has unlawfully denied their children their constitutional right to education.
They have listed Kitui School Principal Benard Mutua, the school's Board of Management and four other parties as respondents.
During a hearing before Justice Stephen Riechi on Tuesday, lawyer David Musyoka, appearing for the parents, urged the court to fast-track the matter, saying the students had been out of school since June and were missing examinations and valuable learning time.
Musyoka argued that the school acted unlawfully by excluding the students without according them a fair hearing, contrary to the rules of natural justice.
He told the court that after the students were initially suspended, they returned to the school with their parents on July 9 but were instead directed to appear before Deputy Principal Festus Mutuku.
The lawyer argued that the deputy principal lacked the legal authority to conduct disciplinary proceedings.
"The deputy principal informed the students that they were no longer required at the school. Parents were told to remove them from the institution, which is completely against the law," Musyoka submitted during the virtual hearing.
He maintained that the school's actions violated the legal procedures governing the expulsion of learners from public schools.
"In this case, the students have not been formally expelled, yet they have been denied access to the school," he argued.
However, counsel for the respondents, Morris Kimuli, defended the school's actions, saying the disciplinary process was conducted in accordance with the law.
Kimuli told the court that the matter had been referred to the Board of Management, which heard all the affected students before making its determination.
He said the board found some students not culpable, cautioned them and allowed them to return to school.
The lawyer added that students identified by the board as the alleged ringleaders, including the petitioners' sons, had their cases referred to the County Education Board for determination.
"They are expected to await the County Education Board's decision. If they are dissatisfied with the outcome, the law provides for an appeal to the Education Appeals Tribunal," Kimuli told the court.
Justice Riechi directed all parties to file their written submissions by August 10 and set August 24 as the date for judgment.
