The High Court has ordered Moi High School Kabarak to immediately readmit a Form Four student who had been sent away over alleged possession of vape.
In orders issued on Thursday, Justice John Chigiti directed the school’s administration to unconditionally readmit the student, identified in court documents as M.L.A, and ensure he is back in class.
“Respondents are hereby directed to forthwith readmit M.L.A into class unconditionally,” Justice Chigiti ordered.
Court Application Challenges Suspension
The directive followed an application filed in court challenging the learner’s removal from the school.
At the same time, the court ordered the applicant to file and serve a supplementary affidavit by 5pm on March 12, 2026.
Justice Chigiti also directed that submissions from both parties’ lawyers must address the Notice of Preliminary Objection raised by the school.
The matter will be mentioned on March 18, 2026, when the court will review compliance with its orders and may reserve a judgment on the case.
Vape Allegation Behind Disciplinary Action
The dispute arose after the student was allegedly found in possession of an electronic cigarette, commonly known as a vape, within the school.
According to court documents, the school administration said it received credible reports on February 12, 2026 indicating that the student had brought the device into the institution.
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In a replying affidavit, the school’s deputy principal in charge of administration, Richard Rono, told the court that preliminary investigations confirmed the vape had been brought into the dormitory.
“The seriousness of the allegation prompted the school administration to initiate disciplinary proceedings in accordance with the school disciplinary framework,” Rono said.
The student was subsequently issued with a temporary suspension letter dated February 12, instructing him to leave the school pending investigations and return on February 24, 2026, accompanied by a parent for a disciplinary hearing.
Student Allegedly Admitted Bringing Vape
Court filings indicate that the student later wrote an apology letter, admitting he had purchased the vape device near Capital Centre and brought it to school.
A disciplinary hearing was held on February 24, 2026, attended by members of the disciplinary committee, the student, and his mother.
However, through lawyer Danstan Omari, the student moved to court arguing that the continued exclusion from school violated his constitutional and statutory right to education.
School Challenges Case in Court
The school and its Board of Management filed a Notice of Preliminary Objection, asking the court to strike out the case.
Through lawyers from HS Law Advocates LLP, the respondents argued that the dispute should have first been taken before the Education Appeals Tribunal, as provided under the Basic Education Act.
According to the school’s lawyers, the applicant bypassed the statutory dispute resolution process.
“The Applicant has bypassed the statutory framework and improperly invoked the jurisdiction of this Honourable Court,” the respondents argued.
They further maintained that the case improperly asks the court to determine the merits of a disciplinary decision, rather than review the legality of the decision-making process, which they say is the proper scope of judicial review.
The respondents also claimed that the case had been overtaken by events, alleging that the student voluntarily withdrew from the school before the disciplinary process was concluded.
Next Court Mention
The High Court will review submissions from both sides when the matter returns for mention on March 18, 2026, where it will also assess whether its readmission orders have been complied with.
