The Makini School Junior Academy has been dragged to court for expelling two underage students due to their father’s decisions as the Parents Teachers Association (PTA) Chairperson of the institution.
The school’s head teacher, Catherine Njuguna, Regional Managing Director Horace Mpanza, and Operations Manager Gary Wagner have been named as respondents in the lawsuit.
According to the minors, who are represented by their mother, they were removed from their classes and given termination letters on July 7, 2023, by Ms. Njuguna. The headteacher then instructed them to wait for their parents at the pickup area.
Lawyer Apollo Mboya, representing the minors, argues that their right to education has been violated as the school term has already started, putting them at risk of missing out on their Grade 3 and 4 classes.
Mboya stated, “The Parents/Teachers Association, by a letter dated 5th July 2023 through their advocate on record, raised several issues concerning the welfare of the learners in the school, including high turnover of teachers through dismissal, general aggressive behavior of the Regional Managing Director who is visibly carrying a firearm within the school compound, smoking within the institution in the presence of learners, and the erection of a structure as a Smoking Zone within the school.”
He further added, “The Parents/Teachers Association issued a notice dated 16th June 2023, calling for the Annual General Meeting on 8th July 2023, as required by paragraph 8 of the Constitution of Makini School Parents/Teachers Association, which was circulated by Makini School to transact its business, including emerging issues raised by the Parents/Teachers Association in the letter dated 5th July 2023.”
The lawyer also highlighted that the two expelled minors were exceptional students in their respective classes and had no disciplinary issues. He argued that their expulsion was unjust, arbitrary, and discriminatory, causing emotional distress and anguish to both the children and their parents.
In her supporting affidavit, the minors’ mother, Dena Atieno, informed the court that she consistently paid their school fees and that their records were up to date. She further linked their expulsion to the activities of her husband, who was elected as the PTA Chairperson in 2019.
Justice Mugure Thande of the Milimani High Court directed the respondents to be served and file their responses by July 17, 2023. The case is scheduled for mention on July 18, 2023.
