The High Court in Kericho declined to grant interim orders stopping Litein Boys High School from demanding a levy of Sh49,699 from each student to repair damages caused during last month’s unrest.
Instead, Justice Joseph Sergon on Monday certified the petition filed by civil rights group Sheria Mtaani na Shadrack Wambui as urgent.
The court ordered that the petition be served upon the respondents immediately, who are required to file and serve their responses within three days.
The matter will be mentioned on October 23, 2025 for purposes of fixing a judgment date.
“The petition dated 8th October 2025 is certified urgent. The same should be served upon the Respondents forthwith,” ruled the court.
“The Respondents to file and serve their responses within 3 days from the date of service. The petition to be disposed of by written submissions within 7 days from the date of service of the Respondents” responses.”
The petition, filed through lawyer Danstan Omari, challenges the school’s decision to impose the levy, terming it unlawful, oppressive, and a violation of learners’ constitutional rights.
According to court documents, the school’s Board of Management and Chief Principal allegedly imposed the Sh49,699 charge per student without approval from the Ministry of Education or consultation with parents, contrary to the Basic Education Act and the Fair Administrative Action Act.
The group argued that the school claimed damages amounting to Sh69.5 million based on an unverified Bill of Quantities, with parents saying they were never shown any independent valuation report or audit to justify the amount.
Parents, through their association, reportedly proposed to contribute Sh10,000 per student, but the management allegedly rejected the offer and insisted on full payment before readmission.
Sheria Mtaani further faults the school for staggering readmissions with Form Two students returning on October 9, Form Three on October 13, and Form Four on October 16 saying the move has disrupted learning and unfairly disadvantaged candidates preparing for national exams.
The group also claimed the school has threatened to de-register Litein Boys as a KNEC examination centre if the levy is not paid, a move it says would punish innocent KCSE candidates.
Sheria Mtaani has sued the Board of Management, the Chief Principal, the County Director of Education (Kericho), KNEC, the Cabinet Secretary for Education, and the Teachers Service Commission.
They are seeking, among other orders, the suspension of the Sh49,699 levy, immediate readmission of all students, and the appointment of an independent valuer to verify the alleged damages.
Omari told the court that parents are not refusing to pay for genuine repairs but want a fair and transparent process.
“This case is about fairness, not defiance. We are seeking to protect the children’s right to education from administrative overreach,” he said.
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