Othaya Boys High Principal Jailed For 6 Months For Refusing Readmit Suspended Candidates.
Othaya Boys High School principal was jailed years old for 6 months after he was found guilty of contempt of court for violating the order to readmit twenty students.
Othaya Boys High School principal Edward Muhuni was found guilty of disobeying an order issued on March 23 requiring him to readmit 20 candidates who had been suspended for assault under the ruling of High Court Judge Florence Muchemi.
Judge Muchemi said the students through their lawyer Muhoho Gichimu had provided sufficient evidence that the order had been served on the principal and that the school’s Board of Management (BOM).
According to Judge Muchemi, the school administrators had received sufficient evidence, including stamped copies confirming the order and that the school administrators had issued a response.
“Defendant service orders were not denied in this question as the school’s BOM responded by trying to justify its non-compliance with that order,” Judge Muchemi said.
Furthermore, the court revealed that if the school had problems obeying the order, it would have to challenge it in court. However, this was not done, instead they remained stubborn and suspended the students from the school.
Court documents reveal that the students were suspended in October last year after assaulting three of their classmates and one was injured.
Mr. Muhuni said in an affidavit that he rescued the three students from the ablution block of the school where the accident occurred and then reported him to the police station.
After being charged in court, the school decided to suspend them at a BOM meeting on suspicion of mistreating other students.
However, the students turned to the High Court and asked the school administration to readmit them pending the outcome of the case.
After the orders were given, students and parents were summoned to a meeting with the school administrators to discuss how they would take the Kenya Certificate of Secondary Education (KCSE) exams that were supposed to take place in March of this year. .
The school ordered the boys to show up and be readmitted and then to pay Kshs. 3,500.
However, according to the student’s lawyer, Muhoho, the school administration had violated the terms of the invitation.
“The students were informed that they would be day students and would be housed in a nearby local school where an outside cook and an armed officer in charge of the school would take care of them,” Muhoho said.
The above amount of Kshs. 3,500 had to cater for the cost of the services of the external cook.
Mr. Muhoho said that during the school’s BOM meeting, school administrators sentenced the students for suing the school.
Additionally, Muhoho said, in court documents, that the trustees called the meeting only because of the court order after the county director of education intervened.