Three Form Four candidates at Kitale School-Secondary have been barred from attending classes since June 13, 2026, with their families now turning to the High Court at Kitale to secure their participation in the 2026 Kenya Certificate of Secondary Education (KCSE) examinations. The students are listed as interested parties in a Constitutional Petition filed by Viena Advocates LLP. The respondents include the school's board of management, its senior principal, the Teachers Service Commission (TSC), the Kenya National Examinations Council (KNEC), the Attorney General, and eight others.
According to Eileen Chelagat, a parent who spoke exclusively to TUKO.co.ke, the trouble began on the night of June 13, when the school's deputy principal reportedly searched students and their dormitories following allegations that they had threatened in writing to set the school on fire. The alleged threat followed an incident where eight students at Utumishi Girls Academy reportedly set fire to a dormitory, killing 16 learners and triggering widespread school unrest.
Chelagat said that 13 Form Four students from the Kitale School were subsequently taken to a police station under cover of darkness. She alleged that her daughter was handcuffed with a scarf from 4 pm to 9 pm and secluded in a different dorm. The learners recorded statements without a children's officer present and were later subjected to counselling by the children's office. Chelagat added that the learners were mishandled, assaulted, and up to now, they have never gone to school.
Another parent, Linda Shiroya, said the students were subjected to "undue profiling, discrimination, threats and actual physical harm for, among other reasons, mere association, economic background, and social standing." Irene Kerubo, another parent, was also heartbroken by the alleged school's decision, given her daughter's medical condition. Unlike other learners who were permitted to return, the three suspected minors remained locked out of school due to alleged indiscipline and illegal conduct.
Advocate Ernest Nyerere of Viena Advocates LLP, who filed the petition on September 24, 2026, told TUKO.co.ke that the matter was brought before the court urgently given the proximity of the examinations. The petition cited violations of Articles 27, 28, 43, 47, and 53 of the Constitution of Kenya, which cover equality, human dignity, the right to education, fair administrative action, and children's rights respectively.
The High Court at Kitale ordered the school to allow the girls to access its facilities after their advocate argued that the disciplinary allegations were false. The court ordered that the girls be allowed to access the school; parents can choose to either fully re-enroll their children or, alternatively, arrange for them to access the school solely for exam preparation and taking, provided they secure separate accommodation.
Despite the court order, Chelagat said the parents agreed to let their children prepare for their examinations at home until the examination period. The KCSE examinations are scheduled to run from October 19 to November 20, 2026. Meanwhile, a state counsel representing the sued government authorities said she would be present at the next mention and would follow the proceedings in the interim.
Key points
- The High Court at Kitale ordered the school to allow the girls to access its facilities after their advocate argued that the disciplinary allegations were false.
- Three Form Four candidates at Kitale School-Secondary have been barred from attending classes since June 13, 2026.
- The students were allegedly mishandled, assaulted, and excluded from school for nearly four months.
