Makini School has been ordered to readmit two minors it expelled from the institution over an alleged disagreement with their parent.
Justice Mugure Thande however ordered the children's mother to pay the outstanding school fees balance as a condition for readmission.
"An order is hereby issued suspending the letter by the institution which expelled the minors from school on July 7. The court further stops any person acting on the school's directive from implementing the decision to expel the minors," ruled Thande.
The two minors through their mother had sued the school claiming that they were removed from class and handed termination letters on July 7, 2023, by the head teacher Catherine Njuguna who then ordered them to wait for their parents at the pickup shade.
The mother through lawyer Apollo Mboya claimed that her expelled children are top students in the respective classes with no disciplinary issues whatsoever, and was only expelled through the activities of their father who is the PTA chairman.
Mboya further termed the expulsion of the minors as "precipitate, hasty, petty, malicious, capricious, draconian and discriminatory", adding that it has caused both them and their parents "emotional distress and anguish."
The petitioner claimed their trouble started after raising questions about the school's Regional Managing Director Horace Mpanza who they accused of carrying a firearm to the school, smoking within the institution in the presence of learners and erecting a smoking zone within the school.
But Mpanza in his response stated that the school's relationship with the minor's parents was purely contractual and that it could be terminated by either party if any of them breached the rules and regulations.
"The minor's father began what evolved to become a pattern of antagonistic behaviour towards Makini Schools which was tantamount to harassment and intimidation and cause increasing strain on the contractual relationship," sore Mpanza.
He swore that while the school has exercised restraint while responding to his continuous false and malicious allegations, the father continued to malign and defame the school through various mediums which makes it difficult to readmit his children.
He alleged that the father's antagonism escalated to the extent of defamation and character assassination and false allegations about the institution.
"It is upon this most recent escalation that the Management of Makini Schools took the decision to terminate its contract with the parent, upon which the provision of a private school education to his children is contingent," said Mpanza.
He added that the father was illegally in office as PTA chairman having served for three years and instead of using the position to hold the school resorted to splitting the PTA and creating factions.
Mpanza stated that it was against the continued intimidation of teachers and staff by the children's father that they decided to terminate the contract and expel his children from school.
Justice Thande scheduled the hearing on September 20.
