Makini School has been ordered to pay KSh 600,000 in compensation after the High Court ruled that the institution unlawfully expelled two students in 2023.
Justice Lawrence Mugambi of the Milimani High Court Constitutional and Human Rights Division found that the school violated the dignity and mental well-being of the two minors, awarding them compensation for the emotional trauma they suffered.
The legal battle began after two students at Makini School were suddenly expelled following an alleged disagreement between the school and the children’s parents.
On July 7, 2023, the children, both high-achieving students with no previous disciplinary issues, were abruptly removed from their classrooms.
The school’s head teacher, Catherine Njuguna, handed the students termination letters and directed them to wait for their parents at the school’s pickup area, effectively ending their academic year with no formal warning or explanation.
The parents of the two pupils, who were left devastated and confused by the school’s actions, immediately sought legal action, claiming that the expulsion was unjustified and a violation of their children’s rights.
They alleged that the children had no prior warning, were not involved in any serious misconduct, and that their academic performance and behavior had always been exemplary.
Advocate Apollo Mboya, who represented the parents, argued in court that the expulsion was an arbitrary and hasty decision with no justifiable cause.
Mboya emphasized that the two pupils were high-performing students with no history of disciplinary issues, and therefore the school’s actions were both unfounded and emotionally damaging.
The lawyer described the expulsion as a violation of the minors’ rights and an act that subjected them to cruel and degrading treatment.
“The manner in which the expulsion was carried out was malicious, petty, and discriminatory. The children were deprived of their dignity, and the emotional harm caused to them and their family was profound,” Mboya told the court.
In his judgment, Justice Mugambi agreed with the parents’ claims and found that Makini School’s actions had indeed caused significant emotional distress to the children.
The judge emphasized that the expulsion process was not only unlawful but also lacked transparency and due process.
According to the court, the school failed to consider the mental and emotional well-being of the pupils when making such a life-altering decision.
“The dignity of children must be protected, and no institution, especially one entrusted with the care of minors, should act in a manner that causes harm, distress, or humiliation,” Justice Mugambi stated in his ruling.
The court’s decision was a strong statement about the need for schools to treat their students with respect and care, ensuring that any disciplinary measures taken are both fair and transparent.
As a result of the emotional distress caused by the expulsion, the judge awarded the two pupils KSh 600,000 in compensation to address the trauma they experienced.
The expulsion had a devastating effect on the two students, both of whom had consistently excelled academically.
The emotional distress they experienced was compounded by the sudden and unexplained nature of their removal from the school.
The pupils, who had previously enjoyed a positive experience at Makini School, were left humiliated and confused by the abrupt action taken by the administration.
“It was a crushing experience for my children. They loved their school and were doing well academically. To be suddenly expelled, with no proper explanation, was deeply upsetting for them and our entire family,” one of the parents shared.
The children’s academic future and mental health were severely impacted by the expulsion, and they struggled to cope with the trauma of being removed from a school that had been a nurturing environment for them.
The parents, who were devastated by the way their children were treated, felt compelled to take legal action to ensure that their children’s rights were protected and that the school was held accountable.
The ruling has sent a strong message to schools across Kenya about the need to uphold the rights of students and ensure that disciplinary measures are taken with caution and consideration for the well-being of children.
Educational institutions are now being reminded that the treatment of students should always be in line with principles of fairness, transparency, and respect for their dignity.
“This ruling is a victory for all children in Kenya. It affirms that educational institutions must act within the law, and cannot simply expel students without proper cause. It also demonstrates that children’s emotional and psychological well-being must be prioritized,” said an advocate for children’s rights in Kenya.
For parents, the case serves as a reminder to be vigilant about their children’s rights within educational settings.
The legal system is increasingly recognizing the importance of protecting children from unjust treatment, and parents have the right to challenge school decisions that adversely affect their children’s future and mental health.
As of now, Makini School has not issued an official statement in response to the court’s ruling.
However, the case has raised significant questions about the school’s internal processes for managing disciplinary actions.
Given the court’s strong stance on the matter, Makini School may now face increased scrutiny from both parents and education authorities.
Education experts have called for a review of the school’s policies on student discipline, suggesting that the institution should put in place clearer, more transparent procedures to prevent such incidents from occurring in the future. T
The case has also raised concerns about the school’s communication with parents, and whether there were failures in addressing any grievances in a way that could have prevented the expulsion.
