Republic v Chief Principal Kagumo High School & another; JM (A minor Suing through his next of friend and Father PMK) (Ex parte Applicant) (Judicial Review Application E011 of 2026) [2026] KEHC 5962 (KLR) (27 April 2026) (Ruling) Neutral citation: [2026] KEHC 5962 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI JUDICIAL REVIEW APPLICATION E011 OF 2026 DKN MAGARE, J APRIL 27, 2026 IN THE MATTER OF: AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI, MANDAMUS AND PROHIBITION IN THE MATTER OF: ARTICLES 53, 47 AND 50 OF THE CONSTITUTION OF KENYA, 2010 IN THE MATTER OF: THE BASIC EDUCATION ACT AND THE BASIC EDUCATION REGULATIONS, 2015 IN THE MATTER OF FAIR ADMNISTRATIVE ACTION ACT, 2015 AND IN THE MATTER OF: THE UNLAWFUL EXPULSION AND IRREGULAR TRANSFER OF JM BETWEEN REPUBLIC ................................................................................................. APPLICANT AND THE CHIEF PRINCIPAL KAGUMO HIGH SCHOOL ............. 1ST RESPONDENT THE BOARD OF MANAGEMENT KAGUMO HIGH SCHOOL .... 2ND RESPONDENT AND JM (A MINOR SUING THROUGH HIS NEXT OF FRIEND AND FATHER PMK) ...................................................................................... EX PARTE APPLICANT https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5962/eng@2026-04-27 1
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RULING 1. 2. This court granted leave to the ex parte applicant to apply for judicial review for: a. An order of Judicial Review in the nature of Certiorari do issue, to remove into this Honourable Court and quash the decision made on 17th February 2026 expelling JM from Kagumo High School. b. An order of Judicial Review in the nature of Certiorari do issue, to remove into this Honourable Court and quash the decision compelling and/or coercing the Applicant to effect a transfer of the student. c. An order of Judicial Review in the nature of Certiorari do issue, to remove into this Honourable Court and quash the decision of the Board of Management made on or about 6th March 2026 recommending transfer of JM from Kagumo High School. d. An order of Judicial Review in the nature of Mandamus do issue, compelling the Respondents jointly and severally to Reinstate JM to Kagumo High School forthwith. e. An order of Judicial Review in the nature of Prohibition do issue, prohibiting the Respondents from implementing, enforcing, or in any way acting upon the impugned expulsion and/or transfer. f. An order of Judicial Review in the nature of Prohibition do issue, prohibiting exclusion of JM from Kagumo High School based on the impugned decision. The court reserved the question of whether leave should act as stay. The decision has several components some of which are implemented and other pending implementation. The expulsion has already occurred. There is no further expulsion to be carried out. However, the question of transfer is still a live one. I have perused the submissions by the parties. They go to the root of the main notice of motion. The court does not wish to delve into the substance, though the submissions have been of great help. Therefore, I direct as follows: i. The prayer that leave to act as stay of expulsion is declined. ii. The leave granted shall act as stay of transfer of JM from Kagumo High School. iii. The matter shall be fixed for directions and heard expeditiously given the best interest of the minor are at stake. Determination 3. The upshot is that I make the following orders: a. The prayer that leave to acts as stay of expulsion is declined. b. The leave granted shall act as stay of transfer of JM from Kagumo High School. c. The matter shall be fixed for directions and heard expeditiously given the best interest of the minor are at stake. d. Costs shall abide in the main judicial review. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5962/eng@2026-04-27 2
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DELIVERED, DATED AND SIGNED AT NYERI ON THIS 27TH DAY OF APRIL, 2026. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM. KIZITO MAGARE JUDGE In the presence of:Mike Muthumba for the Applicant Ms. Warigia for Mr. Gisemba for the Respondent Court Assistant – Michael/Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5962/eng@2026-04-27 3
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