Five form four students expelled from St Georges Girls' Secondary School on suspecion of being lesbians have sued for victimisation and discrimination.
The 17-year-olds want the court to order their immediate readmission, saying they have a right to basic education.
According to court documents filed by lawyer Mwangombe Mwakio, the girls were suspended on April 8 and expelled on May 18.
The disciplinary committee said the girls were caught red-handed in an act that the school terms a major offence.
“Your daughter named above has been suspended from school for gross misconduct. You are required to appear before the school disciplinary committee on April 24 to show because why your daughter should not be excluded from the institution,” reads a letter sent to the girls' parents, signed by Principal Lucy Rukunga.
During the disciplinary committee session, the parents were questioned whether their daughters were lesbians and whether they were attracted to other girls.
In an affidavit, one parent says she was informed that her daughter was expelled because she associated herself with another student who is a criminal.
Another letter from Rukunga that communicated the decision to expel the girls from the city school states that they will be allowed to sit their final exams but will have to wait until the school advises on the terms that they will be allowed back in October.
The recommendations were forwarded to the Education ministry.
The five deny being caught in any compromising situation and accuse the administration of being “high headed”.
They say they were revising in their beds when they dozed off.
One of the girls says she was sleeping in the bed and her friend was sleeping on top of sheets when they were found by the deputy headmistress who demanded they write about their “sleepover”.
Apart from seeking damages, the parents want the school to avail time and resources to enable their daughters catch up.
They also want an order directing the school to pay tuition fees incurred during their suspension and any other costs that may be incurred if they are forced to join other schools