The High court has ordered the Brookhouse International School, one of the most prestigious schools in Nairobi County, to readmit a student it had initially suspended earlier this year for allegedly fighting with other colleagues.
Justice James Makau ordered the school to allow a 12-year-old student to continue with his lessons virtually before the case is heard on Monday, February 22.
Furthermore, Judge Makau ordered the school to comply with all provisions of the Education Act regarding the disciplinary process.
“The school is directed and ordered to allow and or provide means to facilitate the minor to proceed with learning virtually in respect of all subjects from home pending the determination of the case,” Makau ruled.
The student's mother had sued the school citing the wrongful suspension of her son. She termed it as discriminatory arguing that her son had been bullied by other students and as a result defended himself.
The mother, through her lawyer Danstan Omari faulted the school for ignoring her child's complaint of sexual harassment by his colleagues.
Speaking in court, she detailed that her son also received threats both verbally and on social media platforms from his colleagues. She further laid blame on the school for not taking any action despite numerous complaints from the student.
In response to this, the school’s board had asked the court to dismiss the petition citing that it was an abuse of the court process. They added that the mother had not exhausted other alternatives before taking the issue to court.
"The petitioner therein has failed to demonstrate the existence of exceptional circumstances warranting the court to exempt her from the obligation to exhaust alternative remedy in the interest of justice," the school board stated in court.
Omari however, argued that the petition had legal grounds as the board had not followed due procedure while suspending the student.
He sought the court to compel the board to adhere to the Basic Education Act while handling the situation. The Basic Education Act entails that once a student is suspended, a disciplinary committee is formed after 14 days.
If the committee makes the decision to expel the student, it's mandated to write to the office of the Education Ministry which holds the right to expel the student.
