The High Court has ordered Makini School to readmit two minors expelled from the school early this month, pending the determination of a case filed by the children’s parents.
Justice Mugure Thande ordered the management to allow the minors back in school saying it was in the best interest of the children.
The school terminated the contract between them on July 7, 2023, over claims of a strained relationship, forcing the parents to move to court.
“To decline to grant the prayers will militate against the best interest of the minors,” the judge said after suspending the expulsion letter until the case is determined.
The case will be heard on September 20 as the court directed the parents to pay the school fees, which had been refunded by the management.
The school’s regional managing director Horace Mpanza had asked the court to dismiss the case, arguing that the contract between the school and the parents was terminated as required in the contract signed in 2019, when the minors were enrolled at Makini.
Mr Mpanza said the school is a renowned educational establishment and one of the best-performing in the country, with a reputation for its facilities, management and human resource.
He said when the minors were enrolled in 2019, the parents were aware that the contract could be terminated at the instigation of either party for reasons such as the inability to pay school fees or circumstances that negate the school’s ability to continue imparting knowledge on the minors.
“The parties clearly, therefore, did not intend for the minors’ right at the 1st respondent to be absolute,” he said.
The private contract was terminated on July 7, 2023, and management refunded tuition fees amounting to Sh119,700, Mr Mpanza said.
According to him, the relationship with one of the parents had become increasingly strained over the years over claims of harassing employees, undermining the school and its principal.
The school was founded in February 1978 and is currently owned by ADvTECH, Africa’s largest private education provider based in South Africa.
ADvTECH owns over 100 schools across the continent in junior, primary, secondary and tertiary educational establishments and the company is listed in JSE, the largest stock exchange in Africa.
The school has five campuses, Makini Ngong Road, Makini State House Avenue, Makini Junior School Migosi, Makini School Kibos and Makini Kisumu City.
The parents challenged the expulsion of the minors from school saying it was hasty, malicious and discriminatory.
