Two minors expelled by Makini School want the expulsion to be rescided because the war between their father and the school leadership doesn’t concern them.
The expulsion follows a letter by the chair of the Parents Teachers Association (PTA) demanding that the CEO stop smoking and displaying a gun in-front of pupils.
The PTA in a letter dated July 5 2023, raised concern over the welfare of learners in the school including high turnover of teachers through dismissal, general aggressive behaviour of the Regional Managing Director Horace Mpanza, who visibly carries a firearm within the school compound, smokes in the presence of learners and has even erected a smoking zone within the School.
PTA issued a notice dated June 16 2023 calling for an Annual General Meeting (AGM) on July 8 2023 as per the Constitution of Makini School Parents/ Teachers Association.
The two minors want the High Court to suspend the suspension letter dated July 7 expelling them from Makini School.
“This Court be pleased to issue a temporary order prohibiting Makini School, Horace Mpanza, Catherine Njuguna and Wagner whether by themselves, or any of their employees or agents or any person claiming to act under their authority from proceeding to give effect, in any way whatsoever, to the letter dated 7th July 2023 which expelled the minors from Makini School,” says the minors through their parents.
Through lawyer Apollo Mboya, the minors have told the court that they were ejected from class by school head teacher junior academy Catherine Njuguna on the instruction of school CEO Horace Mpanza, a South African.
The head teacher then handed a letter to the minors purporting to terminate the education contractual relationship with the school with immediate effect and directed the two minor children to wait for their parents to pick them up at the pickup shade.
They further told the court the expulsion of the minors from school is exceedingly precipitate, hasty, petty, malicious, capricious, draconian, and discriminatory.
“The minors’ best interest are of paramount importance in every matter concerning the child and from school stands to suffer prejudice in case the orders sought are not granted.
The father of the minors is the current Chairperson of the Parents/ Teachers Association and his children have been suspended few days after parents association wrote a demand requiring Mpanza to stop displaying a gun to learners and openly smoking in schools.
The minors who are in Grades 3 and 4 respectively are top students with no disciplinary issues whatsoever, and they have been subjected, treated, and or punished in a cruel, inhuman and degrading manner, lawyer Mboya said.
“The expulsion of the two minors from school solely on account of the work their father renders as the Chairperson of the Parents/Teachers Association of the Makini School has caused emotional distress and anguish to the parents and the two minors,” he said.
Their mother in a supporting affidavit has told Justice Thande that the minors has been exemplary in their academic performance with no disciplinary issues whatsoever and she regularly pay the school fees for the two children and are currently up to date.
The mother terms the actions of Makini School, CEO Horace Mpanza, and the headteacher junior school Catherine Njuguna as complete violation of her childrens’ right to education as there are being victimised solely for being the children of the Chairperson of the Parents/Teachers Association of the School.
“The expulsion of the two minors on 7th July 2023 subjected the Petitioners to psychological, social, economic and physical torture, trauma, inhumane and degrading treatment thereby causing the minors be withdrawn and fearful of going to school,” the mother told the court.