- The minor was in form 4 when on November 5, 2021, she was issued with a leave form.
- She claims to have been sent out of school at midnight on the allegations of lesbianism with no communication to the parent and subsequent expulsion on November 9, 2021.
Image: FILE
The High Court sitting in Kiambu has said the administration of Senior Chief Koinange High School was right in expelling a student over allegations of lesbianism and threats to burn down the institution.
Justice Peter Mulwa affirmed the decision of the administration saying learning institutions, in instilling discipline will have to balance between the right of protection of an undisciplined learner and the right to education of other students.
Even though the National Gay and Lesbian Human Rights Commission was against the institution's decision, the judge maintained that all students are expected to obey the school rules and regulations.
“I find no malice in the actions taken by the school to address the possible unrest. Failure to abide by such attracts consequences to be meted by the school,” he said.
The minor identified as MWN filed the case in court last year through her father. Those sued were the board of management of the school, the principal, and the Attorney General. The national gay and lesbian human rights commission was listed as an interested party.
The minor was in form 4 when on November 5, 2021, she was issued with a leave form. She claims to have been sent out of school at midnight on the allegations of lesbianism with no communication to the parent and subsequent expulsion on November 9, 2021.
“Out of concern of being a candidate, I wrote an apology letter but was denied entry into the school to deliver the same and was not accorded a fair hearing at the board meeting held on December 20, 2021. The decision of the board meeting was not communicated to me in time.”
She argued that her constitutional right to education was violated. Sought to quash the decisions of the school to permanently remove her from the school. And an order compelling the school to readmit her.
The school in response to her case argued that the parents of the minor were informed of the reasons for sending her home and through the assistance of police officers from Ikinu police station.
It told the court that a disciplinary committee was convened on December 20, 2021, in the presence of the minor, and a decision was reached that in the best interests of other students, it was better for the minor to remain at home but would be allowed to sit for the exams.
The school told the Judge that the minor's threats to burn down the institution came at a time when other institutions nationwide were being burnt. During this period, a stern warning had been issued by the Ministry of Education on how institutions were to deal with such threats.
The school in its defense said when the minor was admitted on January 11, 2018, she was handed the school handbook on rules and regulations. Meaning she knew what ills the schools did not entertain and what it would cost her if she went against the rules.
Nevertheless, the minor still violated the rules during her tenure preceding her expulsion. Warnings were issued but she never changed.
“In an attempt to assist the minor, the school involved the services of a counselor, and no improvement was noted.”
The NGO in support of the minor's case said the school failed to prove minors committed, influenced, recruited, or forced others into lesbianism. It accused the respondent of being liable for direct discrimination against the minor.
But the Judge said the school was obligated to do what was best to protect the best interest of other students when she threatened to burn the school.
He refrained from interfering with the administrative decision of the school saying the laid down school rules and regulations were followed.
“The authority of schools and their administration in imposing sanctions against defying students is consistent with their duties and is meant to maintain discipline and keep students in check,” he said