Kakamega High Court has barred Kakamega High School from charging students Sh21 million for fire damage pending the determination of a case filed by a parent.
Parents don't have to pay for damages in Kakamega High School - court rules
Students will report back to school from next week, Monday.
The school had slapped parents with a bill for damages caused by students who burned the school on November 6.
The appellant, identified as Boaz Vida argued that parents were not consulted before the decision to charge each of the 2,200 students Sh9,823 for the damage.
He said no damage assessment report was provided to parents and that the conditions relating to the charges were punitive and likely to deny students their right to free and compulsory basic education.
According to a November 11 notice on the resumption of learning after the fire, the school board of management decided to transfer the cost to parents.
“As per the Ministry of Transport Infrastructure Housing, Urban development and Public Works report on the burnt dormitory, the Bill of Quantities done as per assessment by the public works officer stands at Sh12,185,540,” read part of the notice signed by the board secretary Gerald Orina.
The cost of the CCTV installation in the building is estimated at Sh 695,420. The cost of 280 double decker beds was put at Sh4,194,400.
Total cost for the items of the 560 students damaged by the fire is estimated at Sh4,536,000. Each student will therefore be expected to report with Sh9,823 as cost to cater for the damages.
Presiding Judge William Musyoka allowed the parent’s petition seeking to quash the board decision issued on November 10.
The judge also ordered that the substantive motion be filed and served by close of business on November 23. An inter-partes hearing is set for November 30.
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