A legal dispute over the decision of Makini Schools to expel two learners whose father harassed the institution's staff and the headteacher is headed to the Court of Appeal.
A legal dispute over the decision of Makini Schools to expel two learners whose father harassed the institution's staff and the headteacher is headed to the Court of Appeal over the trial judge's finding that the procedure of terminating parent-school contract violated the minors' rights.
The minors, who were in Grade Three and Four, were expelled from the school in July 2023 after their father fell out with the school management.
They were awarded Sh600,000 damages by the trial judge for violation of their dignity and mental and psychological well-being during the expulsion.
The school's management has said it is considering filing an appeal against the judgment even though the trial judge upheld its decision to terminate the education contractual relationship with the learners’ parent, who was also the chairperson of the school’s parents /teachers association (PTA).
"It is positive that the court upheld the school's decision to terminate the contract, affirming that Makini School acted within the rights and in accordance with the terms agreed upon with the parent. This underscores the school was within the legal rights to discontinue the contract after it became evident that the parent-school relationship was no longer tenable," said the School management in a statement.
It stated that it disagrees with the court's finding on the process of terminating parent-school contract and hence, "is considering whether to exercise our right of appeal on this singular issue" as it believes the two learners were treated with respect and dignity.
In the judgment delivered by Justice Lawrence Mugambi on February 7, 2025, the court awarded the children damages for violation of their inherent dignity and mental and psychological well-being.
"Considering that the minors were unaware of the differences between their father and the school that led to the termination of the contract and which rendered their stay in the school no longer tenable, due to the lapse of the parent-school contract under which they were the beneficiaries; I do not find the manner in which the respondents treated the minors to be in accord with dignity of the minors. They were physically ejected from the classroom and isolated from the rest of the pupils," said the judge.
Lack of sleep
The minors' mother filed the case in July 2023 alleging that they were unlawfully removed from the learning institution due to differences between the school and their father.
The mother told the court that following their experience at the school, they exhibited lack of sleep with one of them bedwetting.
She said they were attended to at the hospital and were diagnosed with conversion syndrome that affected their brain works and Nocturnal Enuresis (bedwetting) as a result of psychological stress. She said that the doctor attending to them recommended continuous physiotherapy and guidance.
"It is clear to me the treatment that the respondents subjected the minors to was unwarranted and disrespectful and an affront to their dignity. Further as proved by the medical notes, it impacted on their psychological well-being. I thus find that they violated the minors’ rights under Articles 28 and 29 (d) of the Constitution," ruled Justice Mugambi.
The mother said the minors were expelled from their class by the head teacher-Junior Academy and they were issued with a letter to their parents stating the school was terminating their educational contract.
She said that the minors were expelled from the school solely on the basis of their father’s role as the chairperson of the PTA.
Court papers indicate that the school terminated its contract with the minors’ father on July 7, 2023, because he was harassing and intimidating its staff and principals through misleading information regarding the operations of the school.
Through its official Horace Mpanza, the school told the court that the minors’ father continued to serve as the PTA’s chairman since 2019 yet the PTA constitution only stipulates a three-year term.
Refunded Sh119,700
Mr Mpanza said after the termination of the said contract, the parent was refunded fees of Sh119,700 and the minors had to exit the school. In breach of this, he said, the man proceeded to sneak the minors into the school on two occasions.
Catherine Njuguna, Head Teacher Junior Academy, reiterated that the school terminated its contract with the minors’ father as he was harassing and intimidating the employees.
She said that she was personally harassed by the man during their interactions where he would constantly make demeaning comments towards her.
The court heard that it was the man's disruptive conduct that led to the termination of the contractual relationship and the eventual expulsion of the minors from the school.
Justice Mugambi said the school should have at all times directly dealt with the parents on the question of terminating their relationship with the school.
"Once the information got to the parents, it was up to the parents to consider how best to deal with that situation— including relaying the information to minors affected by the school decision as this was not a controversy between the school and the children," said the judge.
He added, "although it was within the rights of the respondents to terminate the contract in accordance with terms of the contract, it could not rely on the terms of the contract to violate the rights of the minors that the Constitution guarantees".
