Court Rules Schools to Expel Students Engaging in Lesbianism
The High Court in Kiambu has upheld the expulsion of a student from Senior Chief Koinange High School. The student was expelled due to allegations of lesbianism and threats to burn down the school. Justice Peter Mulwa supported the school’s decision, emphasizing the need for learning institutions to strike a balance between disciplining errant students and ensuring the right to education for others.
Despite opposition from the National Gay and Lesbian Human Rights Commission, the judge reiterated that all students must adhere to school rules and regulations. He found no malice in the school’s actions to prevent potential unrest, emphasizing that failure to follow such rules would result in consequences.
The minor, identified as MWN, brought the case to court through her father, suing the school’s board of management, principal, and the Attorney General, with the National Gay and Lesbian Human Rights Commission as an interested party. She alleged that her constitutional right to education was violated and sought to have the school’s decisions quashed and be readmitted.
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In response, the school argued that they had informed the minor’s parents of the reasons for her removal and cited her threats to burn down the school during a period of nationwide institution burnings. The school also mentioned that the minor had been given a handbook outlining the rules and regulations upon admission but continued to violate them, despite warnings and counseling.
The NGO supporting the minor’s case claimed the school failed to prove her involvement in influencing or recruiting others into lesbianism and accused the school of direct discrimination. However, the judge refrained from interfering with the school’s administrative decision, stating that it followed established rules and regulations.
He emphasized that schools have the authority and duty to impose sanctions on students who defy rules to maintain discipline and ensure the safety and well-being of all students.
Court Rules Schools to Expel Students Engaging in Lesbianism
