[2025] KEHC 9787 (KLR)
The court found that the parties had freely entered into a mediation agreement resolving all issues raised in the petition. The agreement included an acknowledgment by the school of the petitioner’s status as a student, mutual forgiveness, and payment of Kshs. 100,000 by the school to the petitioner for hospital...
Source-derived case information.
- Citation
- [2025] KEHC 9787 (KLR)
- Parties
- Applicant: LN (Through her mother ElMK); Respondent: BOM – Kereri Girls’ High School & Others
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Petition E011 of 2022
- Procedural Posture
- Constitutional Petition / Judgment After Mediation
- Outcome
- petition settled by mediation and judgment entered on agreed terms; file closed
- Judges
- TA Odera
- Legal Topics
- Right to Education, Corporal Punishment, Sexual Harassment, School Discipline, Student Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
LN (Through her mother ElMK)
Applicant
BOM – Kereri Girls’ High School & Others
Respondent
Procedural Posture
Constitutional Petition / Judgment After Mediation
Legal Issues
- 1 Whether the petitioner was subjected to corporal punishment and sexual harassment by the school in violation of her rights.
- 2 Whether the parties could resolve the dispute through mediation and the terms of such settlement.
- 3 Whether compensation for hospital expenses and transport was appropriate under the circumstances.
Ratio Decidendi
The court found that the parties had freely entered into a mediation agreement resolving all issues raised in the petition. The agreement included an acknowledgment by the school of the petitioner’s status as a student, mutual forgiveness, and payment of Kshs. 100,000 by the school to the petitioner for hospital expenses and transport. The court adopted the mediation agreement as its judgment, holding that the settlement fully addressed the petitioner’s claims and that the matter was conclusively resolved. The court further noted that, under the mediation rules, there is no right of appeal from a judgment entered on the basis of a mediated settlement.
Court Disposition
petition settled by mediation and judgment entered on agreed terms; file closed
Orders
- The mediation agreement dated 2.5.2025 is adopted as the judgment of the court.
- The school shall pay Kshs. 100,000 to the petitioner through her mother as full settlement for hospital expenses and transport.
Full Case Text
Judgment text and source record
16 paragraphs
LN (Through her mother ElMK) v BOM – Kereri Girls’ High School & others (Petition E011 of 2022) [2025] KEHC 9787 (KLR) (16 June 2025) (Judgment)
Neutral citation: [2025] KEHC 9787 (KLR)
Republic of Kenya
In the High Court at Kisii
Petition E011 of 2022
TA Odera, J
June 16, 2025
Between
LN (Through Her Mother ElMK)
Applicant
and
Bom – Kereri Girls’ High School & Others
Respondent
Judgment
1. I have seen the mediation agreement between the parties herein recorded on the following terms - “We, the undersigned parties in this matter have agreed to settle our dispute/differences as follows:1. That the Board of Management, Kereri Girls High School through Evans Makori who was authorised by the Board of Management to represent the school confirmed that LN was a student in this school.2. That according to LN through her mother EMK, the petitioner was subjected to Corporal punishment and Sexual harassment for reasons not known to her.3. That the school agreed that there was disagreement between the school and LN the Petitioner and asked the Petitioner to both of them forgive each other so that both of them may continue with their good relationship which they had there before.4. That LN through her mother EMK agreed to forgive each other on condition that the school agrees to compensate the Petitioner for hospital expenses and transport of Kshs.100,000 (One Hundred Thousand Kenya Shillings) which the school agreed to pay as required by the Petitioner - LN through her mother EMK.5. That today the 2. 5.2025 the school has paid Kshs.100,000 (One Hundred Thousand Kenya Shillings) to LN through her mother EMK which is full amount required by the Petitioner and which is full settlement agreement. Sender’s Mpesa No.XXXXXXXXX – GO. Receiver’s Mpesa No.XXXXXXXXXX – EK.6. Signed by Ellis Moraa-PetitionerEvans Makori- on behalf of BOM Kereri Girls -1st respondentMediator -Nelson Bikundo ApimaDated 2. 5.25The said agreement is carefully considered. The same is adopted as judgment of this court. File is closed.
Court: There is no right of appeal under rule of the mediation rules.T.A ODERAJUDGE16. 6.25