The fate of 400 Form Four students of Litein Boys High School in Kericho who were sent home after a strike is unclear after the High Court failed to compel the principal to re-admit them.
They are due to sit the Kenya Certificate of Secondary Examinations (KCSE) exams in a week.
Papers strewn at Litein Boys High School after students went on the rampage, in this photo taken on September 22, 2025.
Photo credit: Winny Chepkemoi | Nation
Instead of quashing the decision to shut down the school, Justice Joseph Sergon certified as urgent the case filed by a rights lobby-Sheria Mtaani Na Shadrack Wambui.
He directed that the case be mentioned on October 23 to allocate a hearing date. This will be two days after the start of the KCSE exams.
The rights lobby has challenged the school administration’s order to each parent to pay Sh49,699.
When the case was placed before Justice Sergon on October 13, he directed lawyers Danstan Omari and Shadrack Wambui to serve the suit papers on the respondents- the Board of Management-Litein Boys High School and the Chief Principal within three days.
Others whom Justice Sergon directed to be served with suit papers are the Kenya National Examination Council (Knec), Education Cabinet Secretary Julius Migos Ogamba, County Director of Education, Kericho County and the Teachers Service Commission (TSC).
“The petitioner (Sheria Mtaani na Shadrack Wambui) institutes this suit pursuant to Articles 22 (2) and 258 (1) of the Constitution to vindicate the individual rights of students to education,” states Mr Omari in court papers.
Sheria Mtaani termed the Sh69.5 million in damages sought by the school unreasonable and unrealistic, as it has been derived from an unverified bill of quantities.
Papers strewn at Litein Boys High School after students went on the rampage, in this photo taken on September 22, 2025.
Photo credit: Winny Chepkemoi | Nation
The lawyers have told the court that last month’s strike is the third in recent years, “signaling persistent and unresolved welfare and governance issues within the school environment.”
The students have expressed genuine fear of victimization, retaliation, or prejudice should they challenge the administrative decisions individually.
On the excessive damage fees, the parents claim their calls for an independent assessment report, verified breakdown, or audit have been ignored.
They are urging the court to prohibit the respondents and their agents from enforcing or collecting the levy.
Parents are also urging the court to restrain the school from delaying or denying re-admission of any of the 2000 students on account of non-payment.
Further, the parents urge the court to bar initiating or effecting the de-registration of the Litein High School as a KNEC examination centre owing from the facts arising herein.
“An order do issue directing County director education (kericho), Knec, CS Education and TSC exercise their statutory oversight under the Basic Education Act to review, reconstitute and where necessary dissolve the existing board of management of Litein Boys High School and to reassign or replace the current principal in the interest of restoring public confidence, accountability and a conducive learning environment,” prays the parents in the court case.
Further, they are asking the court to compel the school administration to re-admit the expelled students unconditionally.
The aggrieved parents are also urging the court to declare the unilateral imposition of a levy of Sh49,699 per student, the staggering re-admission and threats of de-registration of the school as Knec examination centre as unlawful, unconstitutional and or void as they offend Articles 10, 43 (1)(c), 47 and 53 of the Constitution, Sections 4 and 5 of fair administrative action and Sections 28 and 29 of the Basic Education Act.
The petitioners further urge an order of certiorari quashing the impugned levy of Sh49,699 as being unfair.
Justice Sergon is urged to declare that all the students are entitled to full enjoyment of their right to education under Articles 43 (1)© and 53 (1)(b) and that rights should not be curtailed.
