Kakamega High School fire: Court blocks Sh21m charge on students
Firemen putting out fire on a burning dormitory at Kakamega High School on November 6, 2021.
A court has barred Kakamega High School from charging students Sh21 million for fire damage pending the determination of a case filed by a parent.
The school board had imposed the charges on learners after a November 6 fire gutted down a dormitory amid a wave of student unrest in the country.
But an ex-parte application from a parent, Mr Boaz Vida, before Kakamega Presiding Judge William Musyoka is challenging the school board’s decision.
Justice Musyoka allowed the parent’s petition seeking to quash the board decision issued on November 10.
The judge also ordered that the substantive motion be filed and served by close of business on November 23.
An inter-partes hearing is set for November 30.
The secretary and the chairman of the board and Kakamega High have been listed as respondents.
In his affidavit, Mr Vida argues that parents were not consulted before the decision to charge each of the 2,200 students Sh9,823 for the damage caused by the fire suspected to have been started by some students.
He said no damage assessment report was provided to parents and that the conditions relating to the charges were punitive and likely to deny students their right to free and compulsory basic education.
He also argues that the resolutions are unconstitutional because the parties have been condemned unheard, contrary to Article 50 of the Constitution.
The school board had on November 11 written to parents, after a meeting on November 10, announcing opening dates and asking parents to pay for the damage.
The letter, signed by Principal Gerald Orina, said students were required to pay their outstanding school fees balances plus the Sh9,823 for the damage.
Mr Orina said an assessment conducted by the Ministry of Transport and Infrastructure put the damage to the dormitory at Sh12,185,540.
The cost of CCTV installations in the building was estimated at Sh695,420 and the cost of 280 double-decker beds at Sh4,195,400.
Students were required to pay the fines on opening day. Form Four students reported on Monday while Form One will report on November 21.
Form Two students will report on November 23 and Form Three on November 25.
