Civil rights group Sheria Mtaani na Shadrack Wambui moved to the High Court in Kericho, challenging a decision by Litein Boys High School to demand Sh49,699 per student as payment for damages following last month’s student unrest.
The organization, through lawyer Danstan Omari, accused the school’s Board of Management and Chief Principal of violating learners’ constitutional rights by imposing what it calls an unlawful and oppressive levy that has barred several students from resuming studies.
In the petition filed under a certificate of urgency, the group said the school’s management imposed the levy without consultation, transparency, or approval from the Ministry of Education, contrary to the Basic Education Act and the Fair Administrative Action Act.
According to court documents, the school’s Board reportedly claimed that the strike caused damages amounting to sh69.5 million, based on an unverified Bill of Quantities and other supplier and staff claims.
Parents, however, say they were never shown any independent valuation report or audit to justify the amount.
The group says parents, through their Parents-Teachers Association (PTA), had proposed to contribute Sh10,000 per student, but the management dismissed the offer and insisted on full payment of the disputed Sh49,699 before readmission.
“The manner of recovery and the quantum imposed upon parents appear arbitrary and disproportionate,” reads part of the petition.
The petition 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, 2025, saying the move has disrupted learning and unfairly disadvantaged candidates preparing for national exams.
Sheria Mtaani also alleges that the school has threatened to de-register Litein Boys as a Kenya National Examinations Council (KNEC) examination center if the levy is not paid, a move it says would unfairly punish innocent KCSE candidates scheduled to sit exams from October 21.
The civil rights group has sued the Board of Management, Chief Principal, County Director of Education (Kericho), KNEC, the Cabinet Secretary for Education, and the Teachers Service Commission (TSC).
They are now seeking several orders, including suspension of the sh49,699 levy and all related directives, immediate and unconditional readmission of all students, with priority to Form Four candidates.
Sheria mtaani also wants an independent valuer appointed to verify the alleged damages and a directive to the Ministry of Education and TSC to review or dissolve the current Board of Management.
Omari says parents are not refusing to contribute to genuine repairs but want a process that is fair, transparent, and accountable.
“This case is about fairness, not defiance,” he said.
“We are seeking to protect the children’s right to education from administrative overreach.”
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