Kericho High Court upholds Sh49,000 levy on parents to cover for riot damages at Litein Boys High School

A section of Litein High School in Kericho that was damaged during the riots 

The High Court in Kericho has upheld a levy of Sh49,000 imposed on parents to cover damages at Litein Boys High School caused during student riots last year.

Affected parents had moved to court opposing the amount, which they argued was exhorbitant but have lost the case.

Justice Joseph Sergon upheld the amount, noting that it was procedurally approved by the school administration with full participation of the parents.

Justice Sergon found that the charge imposed by the school was lawful, procedural and constitutional, dismissing the petition by the parents which had sought to block it.

The court ruled that the levy was neither arbitrary nor unreasonable. The parents will now have to foot the bill.

The fee was imposed by the school’s Board of Management (BoM) to offset destruction estimated at nearly Sh100 million following unrest at the institution mid last year.

The petition had been filed by Sheria Mtaani and Shadrack Wambui, who argued that the levy was exorbitant and unfairly imposed on parents. 

The parents claimed that the school administration was contributorily negligent, accusing officials of failing to prevent the unrest despite having been pre-warned of the riots.

The petitioners also contended that the decision to charge parents was made unilaterally and violated learners’ right to education by making readmission conditional on payment of the levy.

But Justice Sergon dismissed the claims by the parents, noting that evidence presented before the court showed the school followed due process in imposing the charge.

“It is noted that the school board of Management held participatory meetings involving the Parents’ Association before agreeing on the levy,” Justice Sergon said.

The court also noted that regional Public Works officers and assessors conducted an on-site inspection to verify the extent of the damage.

The assessment informed the decision on the amount imposed

As per a report from the assessment, the rioting students vandalised classrooms, administrative offices, teachers’ quarters, the dining hall and several school buses during the unrest.

Justice Sergon ruled that parents bore collective responsibility for the conduct of their children while in school, particularly where damage to public property was involved and that the school acted within the law to restore learning facilities.

“The court consequently dismisses the petition and upholds the amount charged,” Justice Sergon ruled.

The school management will now proceed with the collection of the levy as it undertakes repairs and reconstruction of the damaged infrastructure.

The riots at the school last year were caused by a combination of factors, including the school administration’s refusal to let students watch a football match and complaints about poor food quality, specifically undercooked rice.

 The students, frustrated with the administration’s decisions, went on a rampage, setting fire to parts of the school, damaging property, and attacking the school watchman.