Students on sodomy charges to return to school
Two Form Four students who were suspended after being charged with defiling a Form Two student in school have got reprieve Wednesday after the High Court ordered that they should proceed with learning.
Justice Edward Muriithi ruled that the two 16-year-olds who were arraigned before the Kibera Court in May over the said allegations should not be barred from attending classes since their right to education would be affected.
“Pending hearing and determination of their trial case, let the school allow the affected minors to access learning facility as well as classes as day scholars,” the judge said.
The judge pointed out that he had noted concerns raised by the school that allegations against them were grave, sensitive and that being a boarding institution with a population of more than 1,000 students, there was a likelihood of riots between Form Fours and Twos.
Through lawyer Benjamin Musyoki, their parents had sued the Dagoretti High School Principal and its board of directors.
They have accused the school administration of failing to take the students through a disciplinary process and bluntly condemning them without a fair hearing, contrary to the Basic Education Act.
TRUMPED-UP CHARGES
They also faulted the school of taking an unfair administrative action against their minors.
According to their parents, their children were wrongly charged with the offence of gang defiling their schoolmate but were released on a Sh100,000 bond.
They claimed that the Form Two student fabricated the allegations so that he could be transferred from the school hence their sons faced trumped-up charges.
They also claimed that the two had gone into depression and were in fear that their right to education had been infringed.
The school had told the court that officers from Kabete Police Station arrested the minors without informing the administration why they wanted them taken into custody.
The school only complied with their request and upon their return, the students allegedly refused to explain why they had been taken into custody prompting the decision to send them on suspension.
The school claimed to have learnt of the exact charges from their parents after the suspension decision had been reached.
