Parents of learners at Ambira High School in Ugunja, Siaya County, have filed a petition at the High Court seeking to block the school from demanding a Ksh 33,000 levy from each student as a condition for readmission following the destruction of property during recent unrest.
In a petition filed at the High Court, the parents argue that an assessment by the Public Works Department placed the total cost of the damage at Ksh 50 million, with each student being assigned a penalty of Ksh 33,000.
In the case filed before the Milimani Constitutional and Human Rights Division of the High Court in Nairobi, the 165 parents of Grade 10 students are asking the court to declare the levy illegal, null and void.
They accuse the Ambira Boys of unlawfully locking out Grade 10 learners over the disputed charge, following the unrest on May 18 and 19 this year.
The parents argue that the levy unfairly punishes students who were not involved in the incident and violates their constitutional right to education.
They want the court to bar the school from enforcing the payment and compel the immediate and unconditional readmission of all affected Grade 10 students.
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At the same time, the parents are seeking exemplary damages, arguing that their children’s constitutional rights have been violated through what they term as arbitrary and unfair administrative action by the school.
“The Petitioners’ children’s right to Fair Administrative Action has been grossly violated by the Respondents’ demand that each student pays a global sum of Ksh 33,000 without granting the students a right to be heard,” the parents state.
“Due to the aforesaid actions by the Respondents, the Petitioners’ children have been denied school entry to access education in contravention of Articles 43(f) and 53(1)(b) of the Constitution of Kenya,” the petition reads.
Parents Say Ambira Boys Principal Promised Grade 10 Students Would Be Spared
According to the parents, during a meeting held on May 21, the school’s chief principal informed them that the strike had been carried out by Form Four students.
The students were allegedly aggrieved by the suspension of the school captain and demands for examination leakages ahead of the Kenya Certificate of Secondary Education (KCSE) examinations.
They claim that during the meeting, the principal assured them that Grade 10 students would not be subjected to any disciplinary measures arising from the destruction.
“As per information provided to the Petitioners by the 1st Respondent in a parents’ meeting on May 21, 2026, the student strike was undertaken by the Form Four students who had grievances with the school administration, including but not limited to the suspension of the school captain and a demand to be given a leakage to the Kenya Certificate of Secondary Education (KCSE) examination,” the court papers state.
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The parents also quote the principal as having assured them that “their children, that is Grade 10 pupils, will not be affected by any punitive measures issued by the school as a result of the damage to property since the only players in the strike were Form Four students.”
However, the parents say the school later reversed its position through a letter dated May 30, directing all Grade 10 students to report back to school on June 2 and informing them that every student would be required to contribute Ksh 33,000 towards repair costs.
The case names the school principal, the Board of Management of Ambira High School, the Permanent Secretary for Basic Education, and the Teachers Service Commission as respondents.
