A Nairobi school has been ordered to pay a student Sh250,000 compensation for expelling her over alleged lesbianism claims.
Justice Lawrence Mugambi, in his judgment, found that St Hannahs Girls High School failed to give the student codenamed AWW, a fair hearing before kicking her out.
The Judge said the girl still bears the pain of being accused of lesbianism but could not either face her accusers or be given a chance to respond to the allegations.
“The respondent’s arbitrary action after making serious allegations against AWW and eventually expelling her without allowing her to defend herself against the grave allegations that touched on her dignity was out rightly unfair and because the truth may forever remain unknown,” he said
The school defended its decision to expel the girl on Christian grounds. The institution alleged that AWW was bound to follow its values and rules, including not being involved in inappropriate acts.
In her case, the girl who sued the school through her mother, codenamed FW, said she was suspended without being given an explanation.
FW said that on May 29, 2023, the school’s principal called her on the phone and notified her of the suspension. The girl was picked up from school by her brother. The court heard that the school later explained that she was engaging in ‘unorthodox’ acts.
The teen’s mother said that St Hannah’s management was silent despite numerous follow-ups. On June 5, 2023, the school summoned AWW, and seven days later, it officially communicated to her that she had been expelled.
FW said, the principal told her on June 5 that there was no evidence to implicate her child and the suspension was too harsh and did not match the disciplinary issue.
FW argued that no disciplinary committee was formed to hear the minor’s case, and there was no documentation to support the allegations. She argued that the school management was the accuser, the jury, and the judge.
The school called Violet Ndehi as its witness. While denying any wrongdoing, the school said that AWW was sent home following an inappropriate act with another student, who was identified as SN.
Ndehi further claimed that statements from the implicated students were tabled in the meeting with the minor’s parent, and two teachers who reported the incident were summoned to testify.
She asserted that AWW and SN were caught in bed. Ndehi alleged that the two students were in a relationship for two years.
She claimed other students witnessed the two engaging in inappropriate acts and were hugging in bed. At the same time, Ndehi alleged that AWW and SN would kiss in the evening and sometimes in the morning.
She claimed that the teens would sometimes wait for everyone to leave the dormitory before making out.
Ndehi said the principal investigated the matter and the board unanimously agreed that the two students should leave.
Rachel Njoki was also the school’s witness. Njoki claimed that two teachers- Clare and Elizabeth reported the two students. When interrogated, AWW and SN denied engaging in inappropriate acts.
Njoki said the decision to kick out the two was to protect the school and the other students from indiscipline.
But FW argued that there needed to be meeting minutes or communication about a board that met.
She said that the school had violated the basic education regulations, which require a principal to issue a written letter explaining the reason for suspension or expulsion.
FW told court that the school had no best interest for the minor as it opted to kick her out instead of considering her right to education.
