Justice John Chigiti has insisted that a child expelled from Moi Kabarak School must be admitted back immediately, reinforcing the child’s right to education and privacy.
“The child must be admitted in school,” the judge ordered on Wednesday, March 18.
Lawyer Danstan Omari representing the child, stated that the father, who pays the school fees, wants his son reinstated at the prestigious institution.
The court also heard that discussions between the school and the mother regarding the child’s registration in another school are ongoing.
The school insists that it suspended the form four student for bringing an electronic cigarette (VAPE) into the school.
Separately, an oral application by lawyer Duncan Okatch to gag the media from covering the case was declined. Justice Chigiti ruled that issuing a gag order against a named media house would violate Article 50 of the Constitution.
He noted that while the child’s identity must remain undisclosed under Article 31, media coverage of the proceedings cannot be restricted.
The court insisted that the child must be admitted in school and directed that the matter be mentioned again on 19th March 2026 for further directions.
