A private school has been ordered by the High Court in Nairobi to pay Sh600,000 to the parents of two minors as compensation for expelling them due to disagreements with their father.
Justice Lawrence Mugambi ruled that while Makini School had acted lawfully in its contract with the minors’ father, the two children should not have faced ridicule due to the conflict between the management and the parent.
He noted that there was evidence indicating that the two children codenamed RAB had experienced psychological suffering due to their lack of awareness of what was happening.
He noted that they were removed from the classroom and separated from others.
“The treatment that the Respondents subjected the minors to was clearly unwarranted, disrespectful, and an affront to their dignity. As demonstrated by the medical records, it affected their psychological well-being. Justice Mugambi stated, “I therefore find that they infringed upon the rights of minors as per Articles 28 and 29 (d) of the Constitution.”
The minors, via their mother, filed a lawsuit against the school alleging that on July 7, 2023, Headteacher Catherine Njuguna removed them from class and issued termination letters. She then instructed them to wait for their parents at the pickup shade.
The mother, via lawyer Apollo Mboya, asserted that her children, who were expelled, are top students in their classes with no disciplinary problems. She claimed their expulsion was solely the result of actions related to their father, who held the position of PTA chairman.
Mr. Mboya further described the expulsion as “precipitate, hasty, petty, malicious, capricious, draconian and discriminatory,” stating that it had resulted in “emotional distress and anguish” for both them and their parents.
The petitioner asserted that their difficulties began after they questioned the school’s regional managing director, Horace Mpanza, whom they accused of several actions: bringing a firearm to the school, smoking in front of students, and establishing a designated smoking area.
However, Mr. Mpanza indicated that the relationship between the school and the minor’s parents was strictly contractual, allowing either party to terminate it if rules or regulations were violated by one of them.
“The father of the minor initiated a pattern of hostile actions against Makini Schools that amounted to harassment and intimidation, putting further strain on the contractual relationship,” Mpanza stated.
He swore that although the school had shown restraint in the face of his ongoing false and malicious accusations, the father persisted in damaging the school’s reputation through various channels, complicating the process of readmitting his children.
He claimed that the father’s hostility intensified to the point of involving defamation, character assassination, and unfounded accusations against the institution.
He noted that the father had been serving illegally as the PTA chairman for three years and, rather than using his position to assist the school, he had chosen to divide the PTA and form factions.
Mpanza indicated that their decision to end the contract and expel his children was motivated by a desire to put a stop to the father’s ongoing intimidation of teachers and staff.
Upon reaction to the ruling, the school stated its agreement with the judgment regarding the termination of contract but noted its consideration of an appeal concerning the manner in which it expelled the two.
