Some of the damaged facilities at Litein High school after the student riots
The High Court in Kericho has ruled
that parents of Litein Boys' High School students will each pay Sh10,000 for damages caused during
recent student unrest at the institution.
The decision, delivered by Justice Joseph Sergon, reduces the
amount from the initial Sh49,000
that the school administration had demanded from each parent to cover losses
incurred during the strike on September 21.
The court ruling marks a major
victory for the parents, who challenged the school’s directive, terming it
excessive and economically punitive.
Delivering the judgment on Tuesday,
Justice Sergon described the initial order as “unreasonable, punitive and
insensitive” to the financial realities facing parents and guardians.
“I direct that the parents pay
Sh10,000 each for the damages, considering the prevailing economic situation,” he said.
The judge said the management’s
demand was unjustifiable, especially at a time when Form 4 candidates are preparing for national exams.
The case arose from a violent student strike earlier this term after learners were denied permission to watch the English Premier League match between Arsenal and Manchester City.
During the unrest, several school facilities were set ablaze and vehicles were damaged. The administration later assessed the destruction as extensive and instructed each student to pay Sh49,000 to cater to repairs.
Parents protested the decision,
arguing that they had not been informed how the amount was calculated. They
said the directive placed an unfair financial burden on families already
struggling with economic hardship.
Even after the school management
revised the fee to Sh25,000,
parents maintained the amount was still excessive and approached the court
for redress.
Lawyers representing the parents, led by Danstan Omari, told the court the directive was oppressive and discriminatory, and that it threatened to lock out more than 2,500 students from continuing their education.
The parents also urged the Teachers Service Commission to investigate the frequent unrest and administrative decisions. They said Litein Boys' had become notorious for repeated strikes and called for corrective measures to safeguard learners’ welfare.
Justice Sergon directed both parties
to file their final submissions by
November 21, paving the way for the court’s final determination on
the matter.
Parents welcomed the interim ruling, saying the judgment underscores the importance of dialogue, fairness and listening to students before imposing harsh punitive measures.
