The parents of the affected students filed a complaint with the Commission, stating that the principal suspended their children following protests against being compelled to bathe with contaminated stormwater and the preparation of unsanitary food.
Additionally, the students had raised various concerns, including the lack of extra tuition despite the parents paying Ksh1,500 per term since their children entered Form One. On July 17, 2024, the parents were called to the school to retrieve their suspended children, yet they received no suspension letters or information regarding when the students could return.
The students remain at home without suspension letters or any updates from the principal about their return to school. “This is an infringement of children’s rights to education, not to mention the absence of extra tuition services funded by parents,” stated part of the letter from the parents to the Ombudsman.
The parents sought the commission’s intervention after the students had been home for over five months due to an unprecedented suspension.
“We, the parents, are requesting the Commission’s urgent intervention to resolve the matters and facilitate the students’ readmission to school to continue their education,” the letter from the parents emphasized.
Following the Commission’s intervention, the students were readmitted to school five months after their suspension.
“The Commission wishes to draw your attention to Article 47(1) of the Constitution of Kenya, 2010, regarding Fair Administrative Action, particularly the provision that administrative action must be lawful, expedient, reasonable, and procedurally fair,” the letter to the principal from the Commission stated.
According to the Commission, suspending the students without providing suspension letters initially, and issuing the letters months later, contravenes constitutional principles.
The Education Ministry, through the PS, directed the County Director of Education in Embu County to investigate the matter and report.
“The Ministry conducted investigations, and the principal was instructed to readmit all 15 girls unconditionally and ensure that future disciplinary cases are managed without unnecessary delays,” the letter from the PS noted.
