Kenya Case Law

Wasike v Principal Secretary Ministry of Basic Education & 4 others

Wasike v Principal Secretary Ministry of Basic Education & 4 others [2025] KEHC 8322 (KLR)

Court

High Court

Case number

Petition E111 of 2024

Judge

LN Mugambi

The court found that while the Parents Association may deliberate and propose ways to raise funds for school development, any additional levies imposed by a public school must strictly comply with Section 29(2)(b) of the Basic Education Act, requiring approval from the Cabinet Secretary in consultation with the County Education Board. The respondents failed to provide evidence of such approval for the levies in question, rendering their imposition unlawful. The court held that Regulation 2(6)(c)-(f) of the Third Schedule is not unconstitutional per se, but its implementation must not infringe…

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• Right To Education
• School Fees And Levies
• Public School Governance
• Children Rights
• Administrative Procedure
• Statutory Interpretation

Chairman B.O.M Bishop Abiero Moyo Sec. School v Osiyo

Chairman B.O.M Bishop Abiero Moyo Sec. School v Osiyo [2022] KEELRC 12752 (KLR)

Court

Employment and Labour Relations Court

Case number

Appeal E020 of 2021

Judge

CN Baari

The court reviewed its earlier costs order after finding the applicant had been wrongfully sued, and replaced it with an order that each party bears its own costs.

• Costs Award
• Review Of Judgment
• Misjoinder Of Parties
• Public School Governance
• Costs-award
• Review-of-judgment

Nehemiah Stone Bic Misiani (Suing on his own behalf and on behalf of the general public) v Board of Management – Eberege Primary School & Kisii County Education Director

Nehemiah Stone Bic Misiani (Suing on his own behalf and on behalf of the general public) v Board of Management – Eberege Primary School & Kisii County Education Director [2021] KEHC 2493 (KLR)

Court

High Court

Case number

Constitutional Petition 11 of 2021

Judge

REA Ougo

The court found that the applicant’s request for certified copies of the school’s bank statements did not fall within the information categories automatically accessible under Section 5 of the Access to Information Act, 2016. The applicant failed to demonstrate that he had made a formal written request for the information as required by Section 8 of the Act, nor did he show that such a request had been denied. The court further held that the dispute was not within the purview of the Constituency Development Fund Act’s dispute resolution mechanism, as the issue was with the Board of Management…

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• Right Of Access To Information
• Public School Governance
• Basic Education Act Compliance
• Transparency And Accountability
• Stakeholder Rights

Duncan Omoro v Headteacher Athi River GK Primary School

Duncan Omoro v Headteacher Athi River GK Primary School [2020] KEEAT 143 (KLR)

Court

Education Appeals Tribunal

Case number

Appeal 008 of 2018

The tribunal found that the respondent, a public basic education institution, levied admission and interview fees and collected payments without issuing official receipts, contrary to the express provisions of the Basic Education Act. The respondent also initially denied admission to two pupils based on interview results, which is prohibited by the Act. The tribunal noted that the respondent failed to respond to the allegations or participate in the proceedings, leading to an irrefutable presumption that the appellant's claims were true. The tribunal concluded that the actions of the responde…

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• Right To Education
• School Fees Regulation
• Admission Procedures
• Public School Governance

SEVENTH DAY ADVENTIST CHURCH E.A. LIMITED v ATTORNEY GENERAL & PROVINCIAL DIRECTOR OF EDUCATION,NYANZA PROVINCE

SEVENTH DAY ADVENTIST CHURCH E.A. LIMITED v ATTORNEY GENERAL & PROVINCIAL DIRECTOR OF EDUCATION,NYANZA PROVINCE [2012] KEHC 5244 (KLR)

Court

High Court

Case number

Petition 1 of 2012

The court found that while the petitioner claimed a right to be consulted in the deployment of the Principal and Deputy Principal, it did not cite any specific statutory provision mandating such consultation. Upon review of the Education Act and Teachers Service Commission Act, the court determined that the deployment of teachers is a matter regulated by these statutes, and the Board of Governors' management role is subject to the Acts and any regulations thereunder. The court was not satisfied that the petitioner had demonstrated a prima facie case with a probability of success or that irrep…

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• Right To Fair Administrative Action
• Education Management
• Injunctive Relief
• Public School Governance