BY SAM ALFAN.
It is a reprieve for a Form One Student who was suspended for alleged misconduct last week after the high court on Monday morning directed NOVA Group Limited- Pioneer Girls Secondary School in Kiambu County to re-admit her back.
Justice George Odunga also stopped the Board of Directors of Nova Group, which owns the school, from bullying, intimidating or harassing the student in any manner that would affect her continued studies.
The court further ordered to be supplied with all evidence relied upon during the disciplinary proceedings that preceded the 14 years old girl suspension on May 16.
Lawyer Kenneth Ndung’u Mburu, who represented the aggrieved parents, informed the court that the student was sent home on May 13 after she was taken by her mother to see an optician after attending the Academic Day at the Kikuyu campus.
“The school breached the petitioner’s constitutional right to education under Article 43 (f) of the Constitution. The right to education cannot be curtailed through a totally flawed disciplinary hearing that relied on hearsay evidence,” the lawyer said.
A parent moved to court last week protesting the expulsion of their daughter from school.
The daughter is said to have been sent home over alleged misconduct.
According to the parent, the 14 year old was taken to hospital by the mother to see an optician after visiting her in school during their Academic Day.
The parent wants the Board of Directors of Pioneer Girls School in Kiambu stopped from discussing the two-week suspension slapped against their 14-year old daughter.
“The school breached the petitioner’s constitutional right to education under Article 43 (f) of the Constitution. The right to education cannot be curtailed through a totally flawed disciplinary hearing that relied on hearsay evidence,” argues the lawyer
According to the father, the school administration had become hostile and resurrected past incidences to justify her unlawful suspension.
The girl had reportedly told her mother during the April holidays, who informed the Dean of Residency at the Kikuyu campus, about suspect nocturnal activities and possible sexual misconduct between the roommates.
He further argues that no formal suspension letter was handed to the girl’s mother who was orally informed that her daughter was involved in bullying and engaging in scuffles with other students.
After the girl’s father protested the harsh treatment, the Principal promised to consult the Managing Director of the group of Schools.
The case will be heard on May 31 for further directions.
