The High Court in Siaya has declared the Ambira High School levy unconstitutional.
The court ruled that the school could not force every student to pay KSh33,000 before returning to class.
Justice D.K. Kemei said the levy amounted to collective punishment and violated students’ constitutional rights.
Court finds school exceeded its powers
Justice Kemei ruled that the Board of Management acted outside its legal mandate.
He said only the County Education Board has the authority to determine readmission conditions after cases of mass indiscipline.
The judge found that the school imposed the levy without the required approval.
Parents challenge the Levy
Michael Oluoch, Sylvester Oloo, and other parents filed the petitions.
They challenged the decision after the school ordered each of its approximately 1,515 students to pay KSh33,000.
The school wanted to use the money to repair property damaged during unrest on May 18, 2026.
School management also made the payment a condition for readmission.
Petitioners cite constitutional violations
Lawyer Sylvester Odhiambo represented the parents.
He argued that the school imposed the Ambira High School levy without legal authority.
He also said the school ignored public participation and due process.
According to the petitioners, the levy violated the rights to equality, fair administrative action, due process, and education.
They argued that the school unfairly charged every student the same amount.
Court rejects collective punishment
Justice Kemei agreed with the petitioners.
He noted that the school admitted it could not identify the students responsible for the destruction.
Instead of identifying the culprits, the school required every student to contribute equally.
The judge ruled that the Constitution does not allow public institutions to punish innocent students because they cannot identify offenders.
Levy violated right to education
Justice Kemei also rejected the school’s argument that the payment only compensated for damaged property.
He found that the school turned the levy into a punishment by making payment a requirement for readmission.
The judge held that this condition violated Articles 27, 29, 47, and 50 of the Constitution.
He also ruled that it infringed every child’s constitutional right to education.
Court faults public participation process
The school argued that it consulted parents before introducing the levy.
However, Justice Kemei found that the final amount was agreed at a meeting attended only by school officials.
Parents and their representatives did not participate in that meeting.
The judge concluded that the school failed to conduct meaningful public participation.Readability analysis:
He also found that the decision-making process lacked procedural fairness.
Court orders students readmitted
Justice Kemei emphasized that schools must promote access to education.
He said public institutions cannot deny learners education because they cannot pay an arbitrary levy.
The unrest caused damage estimated at about KSh50 million.
After the incident, the Board of Management resolved that every student would contribute KSh33,000 toward repairs.
The High Court allowed the petitions.
It declared the Ambira High School levy unlawful and unconstitutional.
The court also reaffirmed that schools must discipline individual offenders instead of punishing all learners collectively.
