The High Court has ordered St Francis Rangala Girls High School to readmit a student suspended over lesbianism claim, pending the hearing of her case.
In a suit filed under a certificate of urgency, the 16-yeat-old student wants the court to declare her suspension a violation of her constitutional rights.
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The court heard that the minor was suspended on June 5, 2018, when she was preparing to go on a tour, and was asked to appear before the school’s Board of Management accompanied by her parents.
She claimed she was not allowed to carry any books or study materials. The school also directed her to clear all fee arrears before appearing before the board on June 15, 2018.
When she came back, however, the court heard, she was informed the matter had been forwarded to the County Education Board, but a subsequent visit to the board proved futile.
The minor claimed when she appeared before the board in the company of her parents, they were not given a date to appear again before the board until her parents took up the matter with the county education officer.
“The board also failed to inform the minor of her fate,” she said in an affidavit.
The parents said the officer wrote a letter dated July 11, 2018, informing them that a decision had been made to transfer the minor to a school close to the parents for purposes of close supervision.
In her petition, however, the minor says the move was in violation of her rights.
Moses Munuang’o, an advocate representing the minor, argued the fate of the student now hangs in the balance. The student is expected to sit her Kenya Certificate of Secondary Education (KCSE) exam this year.
"She has been out of school from June 15, when will she read for her exam?" posed the lawyer.
The case will be heard on July 23.