The High Court of Kenya has ordered Moi High School Kabarak to immediately readmit a Form Four student who had been suspended from the institution.
In interim orders issued on March 4, 2026, Justice John Chigiti directed the school to unconditionally allow the student, identified in court documents as M.L.A, to return to class so that he can continue with his studies.
The ruling followed an urgent application filed by the student’s parent challenging the disciplinary action taken by the school. The judge ordered that the student be allowed back to school without any conditions while the case is still being heard.
“Respondents are hereby directed to forthwith readmit M.L.A into class unconditionally,” the judge stated in the court order.
The court also certified the application as urgent and scheduled the matter for mention on March 12, 2026. During that session, the court will confirm whether the school has complied with the directive and provide further instructions regarding the case.
According to court documents, the Form Four candidate has been out of school since February 12, 2026, when the institution suspended him.
The parent, however, claims that the suspension was supposed to end on February 24, 2026, but the school allegedly refused to readmit the student even after the suspension period expired.
Through lawyer Danstan Omari, the parent argued that the continued exclusion from school violates the student’s constitutional right to education.
The application also claims that the disciplinary action was taken without giving the student an opportunity to defend himself, which the parent says goes against the principles of natural justice and proper disciplinary procedures.
In the court filing, the parent cited Basic Education Act (Kenya) and the Fair Administrative Action Act (Kenya), arguing that the school’s decision was unlawful and failed to meet the standards of fair administrative action.
The parent further noted that the student is preparing for the national examinations scheduled for November 2026, and keeping him out of school could significantly disrupt his preparation.
The case also references Article 53(2) of the Constitution of Kenya, which states that the best interests of the child must be the primary consideration in any matter involving a minor.
In the main case, the parent is seeking orders from the court to quash the suspension letter issued on February 12 and compel the school to fully reinstate the student.
The court has directed the applicant to serve the application within seven days, after which the respondents will also be given time to file their responses before the matter proceeds for further directions.
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Education