In a major relief for parents and students at Litein High School, the High Court has intervened to stop the enforcement of a steep damages fine that had sparked widespread outcry. The school had ordered parents to pay KSh 49,000 per student to cover damages caused during recent student unrest — a move that many families argued was unfair and financially crippling.
The case, which was brought before Justice Joseph Sergon, saw parents represented by lawyers Danstan Omari and Shadrack Wambui argue that the imposed fine was excessive and beyond the financial ability of many households. They further noted that the directive threatened to lock out nearly 800 Form Four students who are currently preparing for their national examinations.
According to court submissions, the unrest at the school led to damage of dormitories and school property, prompting the administration to impose the hefty penalty. However, parents contended that the figure was unrealistic and punitive, especially given the economic hardships most families are facing. Lawyer Danstan Omari told the court that enforcing such a fee risked creating further instability within the institution, saying, “If some students are allowed in while others are locked out over fees, it could trigger another strike.”
The school’s Board of Management defended its decision, arguing that the amount was necessary to repair damaged facilities and restore normal learning conditions. They claimed the levy had been lawfully approved and that parents bore responsibility for the actions of their children.
In his ruling, Justice Sergon found the school’s directive unreasonable and ordered an interim solution that would allow students to continue with their studies uninterrupted. He directed that each student pay KSh 10,000 immediately and another KSh 5,000 within a week, pending a final determination of the case. The judge emphasized that education is a fundamental right and that no student should be barred from learning because of a financial penalty that has not been fully adjudicated.
The ruling was widely welcomed by parents, many of whom expressed relief that their children would not be sent home. It also reignited a national conversation on how Kenyan schools handle disciplinary-related damages. Education stakeholders have urged the Ministry of Education and the Teachers Service Commission (TSC) to establish clear guidelines to ensure fairness when schools seek compensation for property destruction.
As the matter awaits a full hearing later this month, the High Court’s intervention has not only protected students’ access to education but also set a critical precedent on how schools should approach accountability and fairness in times of crisis. For now, Litein High School students can focus on their studies without fear of exclusion, as parents await a final judgment that could reshape the way institutions manage such disputes.
Image by The Standard
