The High Court has directed students of Litein Boys High School to deposit Sh10,000 each before being readmitted, pending the hearing and determination of a constitutional petition filed on their behalf by Sheria Mtaani.
In his ruling, Justice Joseph Sergon ordered that the interim payment be made to allow learners to resume studies as the case proceeds.
The court’s decision comes amid rising public concern over a controversial directive that required each student to pay Sh 49,699 in addition to the usual school fees to cover alleged damages from unrest at the institution.
The petition, certified as urgent, was filed by Sheria Mtaani by Shadrack Wambui representing parents and students opposed to the school’s demands.
They argue that the levy and the staggered readmission plan imposed by the school’s Board of Management are unlawful and unconstitutional, violating students’ right to education as guaranteed under Articles 43(1)(f) and 53(1)(b) of the Constitution.
According to court documents, the dispute stems from a disturbance that occurred at Litein Boys on September 21, 2025, which led to extensive damage and the school’s temporary closure. The Board later claimed the school incurred losses amounting to Sh 69.5 million and directed parents to pay the Sh49,699 per student to facilitate repairs.
However, the petitioners have challenged the figures, terming them exaggerated and opaque. They argue that the Board relied on questionable estimates, including an unverified bill of quantities amounting to Sh 41.9 million and supplier claims that were never substantiated.
Despite repeated requests, the school allegedly refused to release an independent valuation report, detailed inventory, or an itemised breakdown of the damages.
The petition further questions the fairness of the staggered reopening schedule that allowed only certain classes Form Two on October 9, Form Three on October 13, and Form Four on October 16 to return to school. Sheria Mtaani argues that the plan discriminates against students, especially candidates set to sit national examinations from October 21, 2025.
Justice Sergon’s order now offers a temporary reprieve. By allowing students to return after paying Sh10,000 instead of the full Sh49,699, the court has balanced the need for accountability with the students’ constitutional right to education. The ruling effectively opens the doors for all students to resume learning as the case proceeds through written submissions.
The respondents in the matter, the school’s Board of Management, the principal, the County Director of Education for Kericho, the Kenya National Examinations Council (KNEC), the Cabinet Secretary for Education, and the Teachers Service Commission (TSC) have been directed to file their responses within three days.
The case will be mentioned on October 23, 2025.
