Kenya: Parent sues school for allegedly expelling KCSE candidate over short skirt

A parent of a Form Four student on Friday moved to court over the expulsion of her child for allegedly wearing a short skirt.

The mother of the St Mary’s Langata candidate sued the school and the Education Cabinet secretary following the expulsion of the child on Wednesday.

She asked that her child be allowed to commute from their home in Eastleigh in Nairobi as she sits her Kenya Certificate of Secondary Education examinations.

The child was allegedly summoned by the deputy principal of the school — who also chairs the disciplinary council — with two other female teachers in the presence of her mother, on a day set aside for prayers for the forthcoming exams.

The parent’s lawyer, Stephen Mwanza Gachie, told Lady Justice Mumbi Ngugi that the minor’s Kiswahili teacher, Ms Anne Ndinda — who is part of the school’s disciplinary council — had earlier on remarked that she would punish the 17-year-old when she was about to sit for her KCSE because of a grudge between the two.

CHANCE TO BE HEARD

And on the fateful day of the alleged expulsion, the lawyer said, the girl was not given a chance to explain herself yet the disciplinary council resolved to expel her while directing that she sit her papers while commuting from home.

Mr Mwanza said that the school’s action was unfair since it would destabilise the student mentally besides affecting her readiness to sit for her KCSE and wasting her revision time on traffic.

“The short dress being complained of did not warrant the kind of action that was taken by the school and more importantly at this time when she is about to sit for her national exams starting today,” said Mr Mwanza.

Since the student had told her parent about her Kiswahili teacher’s threat, the mother now wants the court to declare that her child’s right to a fair administrative action and education have been infringed.

ALLEGED GRUDGE

“I am informed by the child that teacher Anne, who is her Kiswahili teacher, had made it clear that she would punish my child when she was about to sit her KCSE, due to some grudge between the two of them running for some time and which the minor cannot explain,” said the parent.

Mr Mwanza pleaded with the judge to issue an order declaring that the school acted in an unjustified manner against the Constitution and the child be allowed to sit for her papers without commuting.

But Lady Justice Ngugi said that since St Mary’s School Langata had not entirely barred the minor from doing the exams, the school should be given a chance to explain its actions before she issues a directive.

“Since the school has not barred the student from sitting for the exams, let me hear the school administration explain itself as soon as possible, issue them with the case documents,” said the judge.

The case will be heard next Tuesday.

Source: Daily Nation Kenya (Friday 17/10/2014).