Kenya Case Law

Cherogony v Egerton University

Cherogony v Egerton University [2025] KEHC 9186 (KLR)

Court

High Court

Case number

Petition E018 of 2023

Judge

JM Nang'ea

The court found that the Petition did not meet the threshold of a constitutional petition as established in Anarita Karimi Njeru and related precedents. The Petitioner failed to specify with precision the constitutional rights allegedly infringed and did not provide sufficient evidence of such infringement. The court held that the dispute was more appropriately a matter for judicial review of administrative action rather than a constitutional petition. Applying the doctrine of constitutional avoidance, the court declined to determine the merits of the Petition and instead struck it out. Each…

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• Right To Education
• Fair Administrative Action
• Judicial Review Threshold
• Constitutional Avoidance

LN (Through her mother ElMK) v BOM – Kereri Girls’ High School & others

LN (Through her mother ElMK) v BOM – Kereri Girls’ High School & others [2025] KEHC 9787 (KLR)

Court

High Court

Case number

Petition E011 of 2022

Judge

TA Odera

The High Court at Kisii adopted a mediated settlement in a constitutional petition over alleged corporal punishment and sexual harassment at school.

• Right To Education
• Corporal Punishment
• Sexual Harassment
• School Discipline
• Student Rights
• Mediation

Board of Management, Gatoto Community Primary School & 2 others v Memusi & 6 others

Board of Management, Gatoto Community Primary School & 2 others v Memusi & 6 others [2025] KEHC 9793 (KLR)

Court

High Court

Case number

Petition E686 of 2024

Judge

AB Mwamuye

The High Court held that Gatoto Community Primary School remained a private non-profit APBET school and quashed its purported conversion to a public school.

• Right To Education
• Fair Administrative Action
• School Governance
• Children Best Interests
• Public Vs Private School Status
• Trusts In Education

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

Prime Start Academy v Kirinyaga County Education Board & another

Prime Start Academy v Kirinyaga County Education Board & another [2025] KEHC 7112 (KLR)

Court

High Court

Case number

Petition E017 of 2024

Judge

EM Muriithi

The court found that the petitioner had established a prima facie case that the closure of the school was procedurally unfair and potentially unlawful. The respondents did not demonstrate that the petitioner was given an opportunity to be heard before the closure, contrary to Article 47 of the Constitution and the Fair Administrative Action Act. The evidence showed that the school was registered, had been inspected and approved on multiple occasions, and was not listed among schools whose boarding sections were closed in the relevant ministry circular. The court held that the closure, if not…

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• Fair Administrative Action
• Right To Education
• School Registration And Closure
• Legitimate Expectation
• Teacher Qualification Requirements
• Property Rights

Kimani v Kenyatta University & another

Kimani v Kenyatta University & another [2025] KEHC 6602 (KLR)

Court

High Court

Case number

Petition E197 of 2023

Judge

LN Mugambi

The High Court held that Kenyatta University unfairly refused to regularize a student’s UCU 104 marks and violated her legitimate expectation and Article 47 rights.

• Fair Administrative Action
• Legitimate Expectation
• University Regulations
• Right To Education
• Judicial Review
• Student Assessment Disputes

GM & another (Parents Suing as Next Friend to TZM (Minor)) v Board of Management, St Mary’s School; Nairobi County Education Board, Ministry of Education & another (Interested Parties)

GM & another (Parents Suing as Next Friend to TZM (Minor)) v Board of Management, St Mary’s School; Nairobi County Education Board, Ministry of Education & another (Interested Parties) [2025] KEHC 5783 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E062 of 2025

Judge

JM Chigiti

The High Court held the applicants had not exhausted statutory school-discipline remedies, but ordered the minor readmitted pending expedited disciplinary and appeal processes.

• Judicial Review
• Exhaustion Of Remedies
• Right To Education
• Disciplinary Procedure
• Exceptional Circumstances
• Best Interests Of Child

In re DN & DKK (Minors)

In re DN & DKK (Minors) [2025] KEHC 5178 (KLR)

Court

High Court

Case number

Family Miscellaneous Application E004 of 2025

Judge

G Mutai

The court found that the constitutional and statutory right to education places the primary duty on the state and parents, not on private schools. Private schools are entitled to set and enforce their own policies, including requiring timely payment of fees, as long as such policies are not unconstitutional or discriminatory. The applicant failed to prove that the respondent's actions were discriminatory or that due process was not followed. The evidence showed that the applicant had persistent fee arrears and had not remedied the situation despite opportunities. The court held that requiring…

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• Right To Education
• Private School Policies
• Discrimination Against Minors
• Fee Arrears And Expulsion

Benjamin v Cabinet Secretary, National Treasury & Economic Planning & 5 others; Council of Governors & 7 others (Interested Parties)

Benjamin v Cabinet Secretary, National Treasury & Economic Planning & 5 others; Council of Governors & 7 others (Interested Parties) [2025] KEHC 4405 (KLR)

Court

High Court

Case number

Petition E059 of 2024

Judge

EC Mwita

The court found that the directive requiring parents to pay school fees through the e-citizen platform was issued without public participation or stakeholder engagement, violating Articles 10 and 232 of the Constitution. The directive failed to consider parents without digital access or those who pay fees in kind, resulting in indirect discrimination and violating legitimate expectations. The e-citizen platform's ownership, transparency, and accountability were questionable, and its use for school fees could not be justified. The imposition of a convenience (administrative) fee was found to b…

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• Public Participation
• Right To Education
• Administrative Fees
• Legitimate Expectation
• Data Protection
• Discrimination

KCA University v Kenya Private University Workers Union Chairperson & another; Registrar of Trade Unions (Interested Party)

KCA University v Kenya Private University Workers Union Chairperson & another; Registrar of Trade Unions (Interested Party) [2025] KEELRC 1030 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E044 of 2022

Judge

JW Keli

The court held that while trade unions have the right to organize and engage in lawful activities under Article 41 of the Constitution and the Labour Relations Act, these rights are not absolute and must be exercised reasonably, without prejudicing the rights of others, including the employer's right to property and the students' right to uninterrupted education. Access to the employer's premises for union activities is regulated by Section 56 of the Labour Relations Act and typically requires a recognition agreement or at least seeking permission and complying with reasonable conditions set…

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• Trade Union Access
• Right To Education
• Right To Property
• Recognition Agreement
• Labour Relations
• Trespass