High Court steps in as Litein Boys School parents protest Sh49,699 damage fee
The school’s management reportedly rejected, without explanation, a proposal by parents to contribute Sh10,000 per student.
The High Court in Kericho has certified as urgent a constitutional petition challenging Litein Boys High School’s directive requiring each student to pay Sh49,699 to cover damages from recent unrest.
Justice Sergon ordered the respondents — the school’s board of management, principal, county director of education for Kericho, Kenya National Examinations Council (KNEC), Cabinet Secretary for Education, and the Teachers Service Commission — to file their responses within three days.
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The case will proceed through written submissions, with a mention scheduled for October 23, 2025, to set a judgment date.
The petition was filed by Sheria Mtaani, a public benefit organisation, and its chairperson, lawyer Shadrack Wambui, on behalf of concerned parents.
The petitioners argue that the imposed levy and staggered readmission plan are unlawful and infringe on students’ constitutional right to education.
Extensive property damage
According to court documents, the dispute stems from a disturbance on September 21, 2025, that caused extensive property damage and led to the school’s temporary closure.
Following the incident, the Board of Management instructed each parent to pay Kshs. 49,699 as part of an alleged Sh69.5 million loss.
However, the petitioners claim the figure lacks transparency, saying the Board relied on a questionable bill of quantities totalling Sh41.9 million and unverified supplier claims. They further accuse the school of refusing to release an independent valuation report, detailed inventory, or itemised breakdown despite repeated requests.
The petition also contests the staggered reopening plan, which conditioned readmission on full payment of the levy.
Form Two students were recalled on October 9, followed by Form Three on October 13 and Form Four on October 16 — just days before national exams set for October 21.
Right to education
Sheria Mtaani argues that the decision discriminates against candidates and violates their right to education under Articles 43(1)(f) and 53(1)(b) of the Constitution.
The petition further cites breaches of fair administrative action and the Basic Education Act, which prohibits the exclusion of learners over unpaid fees.
The school’s management reportedly rejected, without explanation, a proposal by parents to contribute Sh10,000 per student.
This case marks the third unrest incident at Litein Boys High School, reigniting debate on school governance, accountability, and parental financial responsibility.
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