Nairobi High Court Orders Makini School to Pay Sh600,000 for Unjust Student Expulsions

The High Court in Nairobi has ordered Makini School to compensate the parents of two minors, identified by the alias RAB, with Sh600,000 following their expulsion from the institution.

Justice Lawrence Mugambi presided over the case and concluded that while the school may have adhered to its contractual obligations, the treatment of the children was unwarranted and disrespectful, violating their rights and dignity. The expulsion incident occurred on July 7, 2023, when Headteacher Catherine Njuguna removed the children from class and issued termination letters. Evidence presented during the trial, including medical reports, demonstrates that the minors experienced psychological distress as a result of their removal and subsequent isolation from their peers.

Justice Mugambi mentioned the detrimental effects of the expulsion on the children's mental well-being. Representing the children's mother, lawyer Apollo Mboya argued that the minors, who were exemplary students with no disciplinary issues, were unjustly targeted due to disputes involving their father, who served as the Parent-Teacher Association (PTA) chairman. Mboya characterizes the decision to expel the children as "precipitate, hasty, petty, malicious, capricious, draconian, and discriminatory," resulting in significant emotional distress for both the minors and their parents.

The conflict between the school and the children’s father reportedly intensified when he raised concerns about the regional managing director, Horace Mpanza. Allegations were made against Mpanza for carrying a firearm on school grounds, smoking in front of students, and establishing a designated smoking area. In response, Mpanza accused the father of engaging in a pattern of antagonistic behaviour that strained the school’s contractual relationship, claiming that the father's continuing false allegations necessitated the children's expulsion.

Mpanza also accused the father of defamation and undermining his leadership as PTA chairman, further alleging that the father's actions had disrupted the PTA by creating divisions. The school maintained that the decision to terminate the contract and expel the children stemmed from the father's intimidation of staff and teachers. Following the judgment, Makini School expressed partial agreement with the court’s ruling regarding the contract termination but signalled intentions to appeal the decision related to the expulsion.

The school asserted that they had made numerous attempts to resolve the underlying issues fairly, emphasizing that they had consistently treated students with respect and dignity, despite the surrounding challenges.