BY SAM ALFAN .
The High Court has suspended a decision by Makini School expelling two minors from institution.
Justice Mugure Thande issued an order suspending a letter dated 7th July 2023, expelling the minors from the prestigious Makini School.
The Judge further prohibited Makini chief executive officer and regional managing director Horace Mpanza, Catherine Njuguna from giving effect the expulsion letter.
The court at the same time directed the minors’ parents to pay the school fees as required.
The judge also rejected an application by Makini School and the three officials seeking to stop ministry of education and immigration department from going after them.
“As regards the ministry of Education and department of Immigration I decline to grant any orders as I am inclined to give them space to discharge their mandate,” ruled Judge Thande.
This is after the two minors expelled by Makini School moved to court seeking the ir expulsion to be rescided because the war between their father and the school leadership doesn’t concern them.
The two minors want the High Court to suspend the suspension letter dated July 7 expelling them from Makini School.
“This Court be pleased to issue a temporary order prohibiting Makini School, Horace Mpanza, Catherine Njuguna and Wagner whether by themselves, or any of their employees or agents or any person claiming to act under their authority from proceeding to give effect, in any way whatsoever, to the letter dated 7th July 2023 which expelled the minors from Makini School,” says the minors through their parents.
Through lawyer Apollo Mboya, the minors have told the court that they were ejected from class by school head teacher junior academy Catherine Njuguna on the instruction of school CEO Horace Mpanza, a South African.
The head teacher then handed a letter to the minors purporting to terminate the education contractual relationship with the school with immediate effect and directed the two minor children to wait for their parents to pick them up at the pickup shade.
They further told the court the expulsion of the minors from school is exceedingly precipitate, hasty, petty, malicious, capricious, draconian, and discriminatory.
“The minors’ best interest are of paramount importance in every matter concerning the child and from school stands to suffer prejudice in case the orders sought are not granted.
The mother terms the actions of Makini School, CEO Horace Mpanza, and the headteacher junior school Catherine Njuguna as complete violation of her childrens’ right to education as there are being victimised solely for being the children of the Chairperson of the Parents/Teachers Association of the School.
“The expulsion of the two minors on 7th July 2023 subjected the Petitioners to psychological, social, economic and physical torture, trauma, inhumane and degrading treatment thereby causing the minors be withdrawn and fearful of going to school,” the mother told the court.
