The High Court in Nairobi directed Makini Schools to re-admit two minors who were expelled due to the activities of their father, who is the Chairperson of the institution’s Parents Teachers Association (PTA).
Justice Mugure Thande ordered that the children’s parents pay their school fees in consideration of their being in the institution.
It was a win for the children who had been expelled because of their parents.
The school’s Regional Managing Director Horace Mpanza at the same time filed a response dismissing the allegations raised by the mother of the two minors.
Mpanza said the father of the minors incited parents during a meeting by telling them that they need to make a very radical decision against the school.
“He incited the parents to make various resolutions which do not accord with the mandate of the PTA including financial, operational and economic decisions regarding the management of the Makini School,” read part of the replying affidavit
Mpanza said the contractual relationship between the parent and the school has broken down and it is no longer tenable to continue having the parent at the school on grounds that the school has lost confidence.
He argued that the minors are not likely to benefit by staying at the school.
While asking the court to dismiss the petition by the minors, Mpanza said that the termination has already taken effect and that the tuition fee amounting to over Sh100,000 has been refunded to the parents.
“The private service contract having been terminated and the monies having been refunded to him, the contractual relationship between the father and the school is effectively dead,” said Mpanza.
The hearing was set for September 20, 2023.
The minors who sued through their mother, said they were removed from class and handed their expulsion letter on July 7, 2023, by the school principal, who then ordered them to wait for their parents at the pickup shade.
Lawyer Apollo Mboya, argued that their right to education had been violated as the school term has commenced and now they are in danger of missing their classes in Grade 3 and 4.
“The Parents/ Teachers Association, by a letter dated 5th July 2023 through their advocate on record, raised several issues concerning the welfare of the learners in the school including high turnover of teachers through dismissal, general aggressive behavior of [the] Regional Managing Director, herein of visibly carrying a firearm within the school compound, smoking within the institution in the presence of learners and erection of structure as a Smoking Zone within the school,” Mboya said.
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