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School sued for expelling student over fees arrears

07 January 2014, 18:30 Ken Wekesa

Mombasa - A parent at Mazerus High school of Kilifi County has pressed charges against the institution for expelling his son from school.

In his affidavit, John Thiga Karanja claims that his son was sent away from school over an outstanding fee balance of KES 10, 000 which he said he had cleared on September 5, 2013.

He also says that he did not receive any reports of indiscipline from the school regarding the minor. His son was expelled from school on September 13, 2013 with allegations that he boycotted end of term exams and incited other students not to sit the exams and that the time of sitting the exams, the minor was not in school.

The lawyer representing the defendant, Farida Jadi, told the court that the boy was expelled from Mazerus High School on grounds that 'the board found out that the boy had incited other from three students not to sit for their second term exams'.

She said the school also found out that the boy was out of school from August 11 to September 15, 2013, without permission.

“It’s clear that the student was inciting others and did not sit for exams; no way he is going to be admitted to form four or three,” Jadi said, adding that the school had informed the County director of education about the incident as well as the decision made by the school board regarding the student.

However, the petitioner's lawyer, A. O. Hamza, told the court that there was no evidence linking the student with any incitement acts in the school and that it is against the education Act.

“The first respondent has clearly admitted in his affidavit that the student was not in school when the incident happened; this only amounts to absenteeism,” said Hamza.

The petitioner further pleaded the court to rule in favor of the applicant on the basis “there is no law sighted that the student can proceed to form 4 or 3 without sitting for an exam” said Hamza.

He further prayed the court to dismiss the application by the defendant to keep the student out of school and look for another school on grounds that he is a threat.

"It’s the duty of the Principal and the board to ensure the wellbeing of the student if he will be registered in his school,” said Hamza.

Judge Francis Mureithi set the ruling date of the case for January 21, 2014.

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