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Constitutional Law [2025] KEHC 8322 (KLR)

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…

Source excerpt

  • Right To Education
  • School Fees And Levies
  • Public School Governance
  • Children Rights
  • Administrative Procedure
  • Statutory Interpretation
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Constitutional Law [2025] KEHC 3841 (KLR)

Otakwa v Board of Management Archbishop Njenga Girls High School Catholic Diocese of Kakamega & 3 others

Otakwa v Board of Management Archbishop Njenga Girls High School Catholic Diocese of Kakamega & 3 others [2025] KEHC 3841 (KLR)

Court
High Court
Case number
Constitutional Petition E007 of 2023
Judge
SC Chirchir

The court found that there was adequate public participation by the school in communicating various undertakings to parents through available forums (AGM, BOM, PA meetings). The court also held that Section 29(2)(b) of the Basic Education Act is not unconstitutional as it includes a proviso safeguarding the right to free basic education by prohibiting the denial of school attendance due to non-payment of additional charges.

Source excerpt

  • Public Participation
  • Right To Education
  • Constitutionality Of Statutes
  • School Fees And Levies
  • Freedom Of Religion
  • Administrative Procedure
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Kenya decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.