The High Court in Kericho temporarily suspended a directive by Litein Boys High School requiring each student to pay Sh49,699 as compensation for damages following a recent student strike.
Justice Joseph Sergon, sitting in Kericho, ruled that the students will instead pay Sh25,000 in instalments pending the hearing and determination of a petition filed by parents through the organisation Sheria Mtaani na Shadrack Wambui.
According to the orders issued on Tuesday, students are required to pay Sh10,000 by October 21, Sh5,000 by October 28, and the remaining Sh10,000 by November 3, 2025.
The judge further directed the school’s management to file responses to the main petition within three days, with the case set for mention on October 29 for oral highlights.
“The order directing each student to pay Sh49,699 before being admitted to school is suspended,” ruled the court.
The Principal of Litein Boys High School, Richard Sang, had told the High Court that the Sh10,000 proposed by parents as an interim payment is not enough to cover the extensive damage caused during a recent student strike.
Sang, told Justice Sergon, the destruction affected chemicals, laboratory apparatus, dormitories, classrooms, and food supplies, making it impossible for the school to operate with minimal resources.
“Sh10,000 is not enough because the damage was so big. The minimum we can work with is Sh25,000 to allow us to restore basic facilities and prepare for exams starting tomorrow,” Sang told the court.
He added that students have already reported back to school, and those unable to clear the full amount are being allowed to pay partially and make written commitments to settle the balance so that examinations can continue uninterrupted.
The school is facing a petition filed by Sheria Mtaani na Shadrack Wambui, through their lawyers Danstan Omari, Sophie Nekesa, and Shadrack Wambui, challenging the decision by the school’s management to compel each parent to pay sh49,000 as compensation for the destruction.
The parents argue that the decision was reached unilaterally by the Board of Management (BOM) and the principal without consulting the Parents Teachers Association (PTA).
Lawyer Danstan Omari told the court that the board initially fixed the total cost of damage at Sh99 million, before scaling it down to Sh66 million, translating to about Sh49,000 per student.
“The board and principal contracted a quantity surveyor without the involvement of parents. The decision was taken without consultation, and the parents are simply being told to pay,” Omari said.
He claimed this was the third strike at Litein Boys this year, with parents feeling that each incident was being used to demand new payments.
“The parents believe these repeated strikes are being instigated to collect money. The situation has left many students out of school as national examinations begin,” he added.
Omari told the court that some students missed their KCSE rehearsals and risk missing the national examinations altogether.
“The school has over 2,000 students, and the majority cannot afford the 49,000 shillings. We are asking this court to protect the children’s right to education under Article 53 of the Constitution and allow them back to school unconditionally,” he pleaded.
Wambui asked the court to suspend the school’s directive temporarily.
“We humbly request the court to allow our prayer that the directive be suspended and the learners be re-admitted to sit for their exams. The time for writing exams will not wait for them,” he said.
However, lawyer Florence Chepkemoi, representing the school and the Board of Management, opposed the application, insisting that parents were involved in discussions and that the amount was reduced following consultations.
“The parent association was represented in the meetings. The amount was scaled down from sh99 million to sh66 million after stakeholders’ input,” Chepkemoi told the court.
She said all Form Four students had reported for their exams, with only about 40 students yet to report, adding that those unable to pay in full have made commitments to clear the balance later.
“No student has been denied the right to sit for exams. Those who have not cleared have agreed with the school on payment arrangements,” she said.
Email your news TIPS to Editor@Kahawatungu.com — this is our only official communication channel
