Moi High School Kabarak tells the court that they suspended a form four student for bringing an electronic cigarette (VAPE) into the school.
Through their lawyer, the school together with its Board of Management filed a Notice of Preliminary Objection arguing that the case filed against them should be struck out because the court lacks jurisdiction to hear the dispute at this stage.
The school argues that the matter ought to have first been taken before the Education Appeals Tribunal as provided under the Basic Education Act No. 14 of 2013.
According to the respondents, Section 85 of the Act allows any person aggrieved by decisions of education authorities to appeal to the tribunal, while Section 93 establishes the tribunal to determine disputes arising from the administration of basic education.
They also cited Section 9 of the Fair Administrative Action Act, which requires parties to exhaust internal dispute resolution mechanisms before moving to court.
“The Applicant has bypassed the statutory framework and improperly invoked the jurisdiction of this Honourable Court,” the respondents argue in their objection.
The school further contends that the suit improperly invites the court to determine the merits of a disciplinary decision rather than review the legality of the decision-making process, which is the proper scope of judicial review.
Additionally, the respondents argue that the case has been overtaken by events because the student was voluntarily withdrawn from the school before the disciplinary process was concluded.
In a replying affidavit filed in court, the Deputy Principal in charge of Administration at Moi High School Kabarak, Richard Rono, stated that the student was admitted to the institution on 10 January 2024 and was in Form Four, Class C, Athi House.
Rono told the court that the school received credible reports on 12 February 2026 that the student had brought an electronic cigarette, commonly referred to as a vape device, into the school.
He said the device is associated with smoking substances and its possession violates school rules on drugs and smoking.
Following the report, the school’s discipline department launched preliminary investigations which established that the student had brought the vape device into the dormitory.
“The seriousness of the allegation prompted the school administration to initiate disciplinary proceedings in accordance with the school disciplinary framework,” Rono stated.
The student was subsequently issued with a temporary suspension letter dated February 12, 2026 requiring him to leave the school pending investigations and return on February 24, 2026 with his parent for a disciplinary hearing.
According to the affidavit, the student later wrote an apology letter admitting that he had purchased the vape device near Capital Centre in Nairobi and brought it to school.
The disciplinary hearing took place on February 24, 2026 and was attended by members of the disciplinary committee, the student and his mother who participated in the proceedings.
The respondents now want the court to strike out the suit with costs, maintaining that the matter should first be handled through the education dispute resolution framework established by law.
Last week, High Court ordered Moi High School Kabarak to immediately readmit the student pending the hearing and determination of a case challenging the school’s decision.
“Respondents are hereby directed to forthwith readmit M.L.A into class unconditionally,” justice John Chigiti ordered
The applicant, though lawyer Danstan Omari, contends that the continued exclusion is unlawful and violates the student’s constitutional and statutory right to education.
