The High Court of Kenya has directed Moi High School Kabarak to immediately allow a suspended Form Four student back to school while a case challenging the institution’s disciplinary decision is being heard.
In interim orders issued on March 4, 2026, Justice John Chigiti ordered the school to readmit the student, identified in court documents as M.L.A., without any conditions so that he can resume his studies.
The court also declared the matter urgent after an application was filed by the student’s parent and scheduled the case for mention on March 12, 2026 to confirm whether the school has complied with the directive.
According to court documents, the student, a Form Four candidate preparing for the national examinations scheduled for November 2026, has been out of school since February 12, 2026 when he was suspended by the institution.
The parent argues that although the suspension was supposed to run from February 12 to February 24, the school has allegedly declined to allow the student to return to class even after the suspension period ended.
Court filings state that the student was denied the fundamental right to be heard and that the disciplinary process did not follow the principles of natural justice or the school’s own regulations, making the suspension and continued exclusion unlawful and procedurally flawed.
Through lawyer Danstan Omari, the parent maintains that keeping the student out of school violates his constitutional and statutory right to education.
The parent further argues that the disciplinary process was unfair because the student was not given an opportunity to defend himself before the decision to suspend him was made, contrary to established disciplinary procedures.
The application also cites Section 35 of the Basic Education Act and provisions of the Fair Administrative Action Act, claiming the decision was illegal, unreasonable, and failed to meet the standards of fair administrative action.
According to the parent, keeping the student out of school at such a critical academic stage is highly prejudicial since he is preparing for his final secondary school examinations.
The court heard that prolonged absence from school could negatively affect the student’s academic preparation, mental well-being, and future prospects while his classmates continue with learning.
The application also invokes Article 53(2) of the Constitution of Kenya, which states that the best interests of the child must be the primary consideration in all matters concerning children.
As part of the case, the parent is seeking orders to quash the suspension letter issued on February 12, 2026 and compel the school to reinstate the student.
The court directed the applicant to serve the application within seven days, after which the respondents and other interested parties will have seven days to file their responses before written submissions are presented by both sides.
The case will be mentioned on March 12, 2026 to confirm compliance with the court’s orders and to give further directions on the hearing of the matter.