Fate of 400 KCSE Candidates Uncertain as Court Delays Litein Boys Reopening

A High Court judge has declined to order the immediate return of 400 Form Four students from Litein Boys High School, who were expelled following a strike in September, leaving their participation in next week’s KCSE examinations in doubt.

The school, located in Kericho County and accommodating around 2,000 students, was closed on 21 September after unrest led to significant damage to property. In response, the administration imposed a reconstruction levy of Sh69.5 million, requiring each parent to pay Sh49,699 to fund repairs. Students were barred from returning until the fee was paid.

The decision has triggered legal action from the advocacy group Sheria Mtaani na Shadrack Wambui, which is challenging the school's handling of the matter. The group argues that the levy is unlawful and that the school failed to provide a transparent or independently verified assessment of the damage. The petition further claims the expulsions infringe on students’ constitutional right to education and fair administrative procedures.

Presiding Judge Joseph Sergon declined to reopen the school immediately but acknowledged the urgency of the case. He directed that the matter be mentioned on 23 October to set a hearing date, two days after the national exams begin. The court has ordered the school’s Board of Management, Chief Principal, Kenya National Examination Council (KNEC), Education Cabinet Secretary Julius Migos Ogamba, County Director of Education, and the Teachers Service Commission to file responses within seven days.

Lawyers Danstan Omari and Shadrack Wambui, representing the petitioners, have called for the levy to be annulled, the students readmitted unconditionally, and the school barred from deregistering as an examination centre. They are also seeking the dissolution of the current board and the transfer of the principal, citing a loss of confidence among parents.

The petition cites alleged violations of Articles 10, 43, 47, and 53 of the Constitution, along with provisions in the Basic Education Act and the Fair Administrative Action Act. It also notes that the school has experienced three strikes in recent years, which the petitioners say point to ongoing issues in school management and student welfare.