[2012] KEHC 5696 (KLR)
The court found that the best interests of the child required that B.G.N be permitted to sit for her Form 3 end of year exams, notwithstanding her exclusion from the school. The court balanced the need to protect the child's right to education with the school's concerns by restricting her access to the school...
Source-derived case information.
- Citation
- [2012] KEHC 5696 (KLR)
- Parties
- Applicant: R.W.T (Suing as the next of friend and grandmother of B.G.); Respondent: St Nicholas Senior School
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 290 of 2012
- Procedural Posture
- Constitutional Law Petition / Interlocutory Orders
- Outcome
- Interim orders granted permitting the student to sit exams under strict conditions; directions given for further conduct of the petition.
- Legal Topics
- Right to Education, Child Welfare, School Exclusion, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
R.W.T (Suing as the next of friend and grandmother of B.G.)
Applicant
St Nicholas Senior School
Respondent
Procedural Posture
Constitutional Law Petition / Interlocutory Orders
Legal Issues
- 1 Whether the student B.G.N should be allowed to sit for end of year exams despite exclusion from school.
- 2 Whether interim orders should be granted to protect the best interests of the child pending hearing of the petition.
Ratio Decidendi
The court found that the best interests of the child required that B.G.N be permitted to sit for her Form 3 end of year exams, notwithstanding her exclusion from the school. The court balanced the need to protect the child's right to education with the school's concerns by restricting her access to the school premises solely for the purpose of sitting the exams, prohibiting contact with other students, and requiring her to leave immediately after each exam. The orders were made as interim measures pending the hearing and determination of the petition.
Court Disposition
Interim orders granted permitting the student to sit exams under strict conditions; directions given for further conduct of the petition.
Orders
- B.G.N is permitted to enter St. Nicholas Senior School only for the purpose of sitting the Form 3 end of year exams.
- The school shall administer all Form 3 end of year examinations to B.G.N.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURTS
Petition 290 of 2012
R.W.T(Suing as the next of friend and grandmother ofB.G...................................APPLICANT
AND
ST NICHOLAS SENIOR SCHOOL................................................................................RESPONDENT
DIRECTIONS/ORDER
Having heard the parties and considering the best interest of the Child B. G. N, I hereby direct as follows;
(1)B.G.N“the student” shall be permitted to enter St. Nicholas Senior School only for the purpose of sitting for the Form 3 end of year exams and the school shall administer to the student all the form three end of year examinations.
(2)The student shall only be permitted to enter the school for purposes only of sitting the exams and shall leave immediately after sitting the examination.
(3)The student shall not be permitted to have contact with any other students during the period of exams.
(4)Subject to the aforesaid, the student shall not be permitted to enter into the school premises until further orders of the court.
D.S. MAJANJA
JUDGE
FURTHER ORDER:-
(1)The respondent is granted leave to file and serve the replying affidavit within 21 days.
(2)Petitioners to file response within seven days of service.
(3)Parties be at liberty to file and exchange written submissions.
(4)Hearing of the petition on 17thSeptember 2012.
DATED and DELIVERED at NAIROBI this 26th day of July 2012.
D.S. MAJANJA
JUDGE
Mr Kamau instructed by Njeru Lukorito, Mungai Advocates for the petitioner.
Mr Kang’atta instructed by Kabaru and Company Advocates for the respondent.