A hostel burnt down by St. Joseph Rapogi High School students

Schools cannot suspend students for more than two weeks, the court has declared.

High Court sitting in Migori ruled yesterday that school heads must write a date in which a suspended student must report back with their parents but not later than 14 days.

Justice Antony Mrima made the finding in a case where two St Joseph Rapogi High School were challenging indefinite suspension after last year’s arson incident.

“Once a student is excluded from an institution the letter excluding the student must contain a date where the student while in the company of the parent or guardian must appear before the Board of Management of that institution and that the date should not be later than 14 days of the date of the letter,” ruled Justice Mrima.

How much school lost, Sh 14 million

Two form four boys named as JOO and TOO filed the case after being kicked out of the school having been suspected of lighting the fire that consumed property worth Sh 14 million.

The school’s principal wrote to the boy’s parents that they would not be allowed back unless they cleared their name with the police and or the trial against them is over.

They were however supposed to sit for their Kenya Secondary School Examination last year November, meaning that they would not have sat for the same.

But the school’s management allowed them to sit for KCSE but commuting from their Parents houses.

The management said it decided to suspend the two as they feared for the security of the 1800 students who were schooling. It was also decided there was no need for the two to meet the school’s board as they were leaving the school after all.

But the court faulted the principal, and observed that he could not unilaterally decide on the fate of the two. According to Justice Mrima, he ought to have involved the school’s board   and the County Education Board.

“In this case the impugned letters fell short of that compliance. The Principal acted without regard to due process and erred in not requiring the Applicants to appear before the Board within 14 days of the impugned letters,” he ruled.

 

 

 

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