Ten students from Moko Academy Boys Secondary School have moved to the High Court in Nakuru to protest their suspension following a strike on November 29 last year.
Through their lawyer Owino Oenga, the students suspected to have led the strike, have indicated the school and the Director of Public Prosecution as the respondents.
In the application filed before Justice Grace Ngenye, the students want the school temporarily stopped from suspending them until their criminal case at Molo Law Court is heard and determined.
“The applicants (students) pray for the court to direct the school to allow them to go report back to school and resume studies,” reads the application.
Oenga also urged the court to stop the school from administering any punishments to the students, pending the outcome of the criminal case in Molo. He also prayed for the cost of the application.
The students were allegedly suspended from their school through text messages sent to their parents on January 3, 2022, a day before the school reopened.
In the text message, the parents were advised to pick the suspension letters from the school.
This followed their arrest on November 29, 2020, and arraignment in court on November 30 following the commotion in the school.
During the commotion, the school dormitory windows were broken. A day later, their parents received a message that the students were suspected to have led the strike.
They were charged with malicious damage to property, took plea and were released on a personal bond of Sh20,000 each, pending the hearing and determination of the case
According to Oenga, the school administration fixed the students without proof and has taken advantage of the existing criminal case to suspend them.
“The students have been distanced from their right to education and their presumption of innocence,” reads the application.
He submitted that unless the court restrains the school, the 10 will be denied education, grossly punished, disadvantaged in a competitive education system and will be distanced from their right to fair administrative activity.
The lawyer avers that despite the student being presumed innocent, the school has condemned them unheard by suspending them.
“The applicants have been subjected to a criminal prosecution at the behest of the school and are still being unfairly victimized by being suspended,” reads the application.
He adds that the students are in distress and have suffered psychologically and emotionally; arrested, detained for three days and being suspended.
The school’s actions are not in the best interest of the minors who will be at a disadvantage, he submits.
Justice Ngenye directed the application to be served and for the school to respond within 10 days.The case will be heard on January 26