[2014] KEHC 3740 (KLR)

[2014] KEHC 3740 (KLR)

The court found that while the school had jurisdiction to suspend the minor, the process followed was procedurally improper and not supported by the Education (School Discipline) Regulations. The Executive Board of Management did not refer the matter to the full Board of Governors or the Director of Education as...

Source-derived case information.

Citation
[2014] KEHC 3740 (KLR)
Parties
Applicant: E T N (suing as the next friend of E T K (Minor)); Respondent: Executive Board of Management of A Girls High School
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
23 July 2014
Case Number
Miscellaneous Application 262 of 2014
Procedural Posture
Miscellaneous Application / Judgment
Outcome
Application allowed in part; decision of 9th June 2014 quashed; minor at liberty to return to school unless otherwise lawfully suspended; no order as to costs.
Legal Topics
Judicial Review, School Discipline, Children Rights, Fair Administrative Action, Natural Justice, Education Rights
Source Language
english
Administrative Law Family and Children Civil Procedure Judicial Review School Discipline Children Rights Fair Administrative Action Natural Justice +1 more

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Summary, issues, holding and outcome

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Parties

E T N (suing as the next friend of E T K (Minor))

Applicant

Executive Board of Management of A Girls High School

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the suspension of the minor by the Executive Board of Management was lawful and procedurally fair.
  2. 2 Whether the process followed by the respondents complied with the Education (School Discipline) Regulations and the Constitution.
  3. 3 Whether the minor's right to fair administrative action and education was violated.

Ratio Decidendi

The court found that while the school had jurisdiction to suspend the minor, the process followed was procedurally improper and not supported by the Education (School Discipline) Regulations. The Executive Board of Management did not refer the matter to the full Board of Governors or the Director of Education as required, and the indefinite suspension 'until she is ready to speak the truth' was not a lawful or reasonable administrative action. The decision was tainted by bias, as the Board predetermined what it wanted to hear from the minor, and failed to consider her version or provide a fair hearing. The process violated Articles 47 and 53 of the Constitution, which require fair...

Court Disposition

Application allowed in part; decision of 9th June 2014 quashed; minor at liberty to return to school unless otherwise lawfully suspended; no order as to costs.

Orders

  • The decision of the Executive Board of Management made on 9th June 2014 sending the minor home until she is ready to speak the truth is quashed by an order of certiorari.
  • The minor is at liberty to return to the school unless otherwise lawfully suspended.