Litein Boys Parents Lose Court Battle Over Ksh49,000 Damage Levy

The High Court in Kericho has upheld a Ksh49,000 levy imposed on parents of students at Litein Boys High School to cover damage caused during student riots last year, dealing a blow to parents who had challenged the fee as excessive.

In a judgment delivered by Justice Joseph Sergon, the court dismissed a petition filed by affected parents and ruled that the levy was lawful, procedurally approved, and constitutional. The decision clears the way for the school to proceed with collecting the amount.

Justice Sergon found that the school administration followed due process and involved parents at every critical stage before settling on the figure. He rejected claims that the charge was arbitrary or unreasonable, stating that the levy met legal and constitutional standards.

The court heard that the school’s Board of Management (BoM) imposed the Ksh49,000 fee to offset destruction estimated at nearly Ksh100 million following unrest at the institution in mid-2025. The riots left extensive damage across the school compound.

Sheria Mtaani and Shadrack Wambui, who filed the petition on behalf of parents, argued that the levy was exorbitant and unfair. They accused the school administration of contributory negligence, claiming officials failed to prevent the unrest despite allegedly receiving prior warnings.

The petitioners also contended that the decision to charge parents was made unilaterally and that the school violated learners’ right to education by making readmission conditional on payment of the levy.

However, Justice Sergon dismissed these arguments, noting that evidence presented in court showed the school adhered to the law and involved parents in the decision-making process.

“It is noted that the school board of Management held participatory meetings involving the Parents’ Association before agreeing on the levy,” Justice Sergon said.

The court further noted that regional Public Works officers and independent assessors conducted an on-site inspection to verify the extent of the destruction. Their findings informed the final amount imposed on parents.

According to the assessment report, rioting students vandalised classrooms, administrative offices, teachers’ quarters, the dining hall, and several school buses during the unrest.

Justice Sergon ruled that parents bear collective responsibility for the conduct of their children while in school, particularly where public property suffers damage. He added that the school acted within the law to restore learning facilities and resume normal operations.

“The court consequently dismisses the petition and upholds the amount charged,” Justice Sergon ruled.

Following the judgment, Litein Boys High School management is expected to proceed with collecting the levy as it undertakes repairs and reconstruction of the damaged infrastructure.

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