BY SAM ALFAN.
Makini School has been ordered to pay a parent Sh600,000 as damages for expelling two minors from the school about two years ago.
High Court judge Lawrence Mugambi faulted the school and its management of mistreating the minors by terminating their contract.
The judge said the decision also violated their inherent dignity under article 28 and their mental and psychological well-being as defined by article 29 (d) of the constitution.
“It is clear to me the treatment that the respondents subjected the minors to was unwarranted and disrespectful and an affront to their dignity,” said the judge.
Following the experience of my two minor children in grade 3 and 4 respectively at Makini school, they have been withdrawn, exhibiting lack of sleep and one of them bed wetting.
The two minors have been attended to at the hospital and were diagnosed with conversion syndrome which affects how their brain works and nocturnal enurasis (bed wetting) as a result of psychological stress.
“It is clear to me the treatment that Makini School subjected the minors to was unwarranted and disrespectful and an affront to their dignity. Further as proved by the medical notes, it impacted on their psychological well-being. I thus find that they violated the minors’ rights under Articles 28 and 29 (d) of the Constitution,” said the court.
The two minors were expelled by Makini School but they challenged the decision in court, through their parents seeking to quash the move.z
“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,” saif the minors through their parents.
Through lawyer Apollo Mboya, the minors said they were ejected from class by school head teacher junior academy Catherine Njuguna on the instruction of school CEO Horace Mpanza, a South African.
