[2015] KEHC 2568 (KLR)
The court found that the exclusion of the petitioners from the respondent school constituted a violation of their constitutional right to education under Article 43(1)(f) and their rights as children under Article 53(2) of the Constitution. The court held that the best interests of the child must be the primary...
Source-derived case information.
- Citation
- [2015] KEHC 2568 (KLR)
- Parties
- Applicant: E.K. (A child suing through his Father and next friend E.K.K.); Applicant: C.S.C. (A child suing through his Mother and next friend E.M.S.); Applicant: E.E.K. (A child suing through his Mother and next friend R.P.); Applicant: M.L. (A child suing through his Mother and next friend N.C.T.); Applicant: L.K.C. (A child suing through his Mother and next friend R.K.); Applicant: A.M. (A child suing through his Mother and next friend R.P.); Respondent: The Registered Trustees of S.H.S.
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 18 of 2015
- Procedural Posture
- Constitutional Petition / Judgment (extempore)
- Outcome
- petition allowed in part
- Judges
- A Mshila
- Legal Topics
- Right to Education, Children's Rights, School Admission, Constitutional Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
E.K. (A child suing through his Father and next friend E.K.K.)
Applicant
C.S.C. (A child suing through his Mother and next friend E.M.S.)
Applicant
E.E.K. (A child suing through his Mother and next friend R.P.)
Applicant
M.L. (A child suing through his Mother and next friend N.C.T.)
Applicant
L.K.C. (A child suing through his Mother and next friend R.K.)
Applicant
A.M. (A child suing through his Mother and next friend R.P.)
Applicant
The Registered Trustees of S.H.S.
Respondent
Procedural Posture
Constitutional Petition / Judgment (extempore)
Legal Issues
- 1 Whether the petitioners' constitutional right to education under Article 43(f) was violated by their exclusion from the respondent school.
- 2 Whether the petitioners' rights as children under Article 53(2) of the Constitution were infringed.
- 3 Whether the petitioners are entitled to re-admission and/or compensation.
Ratio Decidendi
The court found that the exclusion of the petitioners from the respondent school constituted a violation of their constitutional right to education under Article 43(1)(f) and their rights as children under Article 53(2) of the Constitution. The court held that the best interests of the child must be the primary consideration in all actions concerning children, including decisions regarding school admission and exclusion. The court determined that the petitioners were entitled to immediate re-admission to the respondent school, except for the fifth petitioner who had already been enrolled and registered for exams elsewhere, and thus was entitled to compensation for the disruption. The...
Court Disposition
petition allowed in part
Orders
- Declaration granted in terms of prayer (1) of the petition.
- Petitioners Nos.1, 2, 3, 4, and 6 are to be re-admitted to the respondent school forthwith.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CONTITUTION AND HUMAN RIGHTS DIVISION
PETITION NO.18 OF 2015
IN THE MATTER OF ARTICLES 3(1), 22, 23(3), 43(F), 47(1) and 53(2) OF THE CONSTITUTION F KENYA, 2010
AND
IN THE MATER OF SECTION 28 AND 35 OF THE BASIC EDUICATION ACT, 2013
BETWEEN
E.K. (A child suing through his Father and next friend E.K.K.)........................1ST PETITIONER
C.S.C. (A child suing through his Mother and next friend E.M.S.)....2ND PETITIONER
E.E.K.(A child suing through his Mother and next friend R.P...........3RD PETITIONER
M.L. (A child suing through his Mother and next friend N.C.T.).......4TH PETITIONER
L.K.C.(A child suing through his Mother and next friend R.K..........5TH PETITIONER
A.M. (A child suing through his Mother and next friend R.P............6TH PETITIONER
VERSUS
THE REGISTERED TRUSTEES OF S.H.S...........................................RESPONDENT
JUDGMENT
I have decided to deliver this judgment “extempore” on this day 5/5/2015 due to the sentiments expressed by counsel for the Petitioners, that the petitioners are forth formers and candidates for K.C.S.E. this year and the schools are scheduled to re-open today.
The full and reasoned judgment will be delivered on the 15th May, 2015.
DETERMINATION
The Petition is hereby allowed and the declaration order sought in terms of prayer (1) hereon is hereby granted.
The Petitioners Nos.1 (EKK), No.2 (EMS), No.3(RP), No.4 (NCT) and No.6 (AWM) be and are hereby re-admitted to the Respondent school forthwith.
The Petitioner No.5 (LKC) be and is hereby awarded compensation in the sum of Kshs.150,000/= as she was already been enrolled and registered for her exams in another school.
Each party shall bear its/their own costs.
Parties at liberty to apply to court for further orders.
Orders accordingly.
Dated, Signed and Delivered at Nakuru this 5th day of May, 2015.
A. MSHILA
JUDGE