High school principal thrown into cells for contempt of court

Sacho High School in Baringo County. High Court judge Lady Justice Abigail Mshila has ordered the school to readmit six students expelled last term for alleged indiscipline. She said expelling them would adversely affect their ongoing preparation for the end year national examinations. PHOTO | SULEIMAN MBATIAH |  NATION MEDIA GROUP

By JAMES KARIUKI

In Summary

• The principal had defied court orders issued last month requiring him to readmit five expelled students.
• Mr Moindi went on national television to argue readmission would be tantamount to “allowing immorality”.

Sacho High School Principal Richard Moindi was remanded in custody Friday pending the hearing of a contempt suit against him on June 4 this year.

High Court Judge Lady Justice Abigail Mshila said Mr Moindi can win back his freedom if he places a Sh750,000 bond with a similar surety with the court.

The court observed that the principal had defied court orders issued last month requiring him to readmit five students expelled from the school and pay Sh150,000 to a sixth.

Mr Moindi instead decided to go on national television to argue readmission of the students would be tantamount to “allowing immorality to thrive unabated”, adversely affecting discipline in the top performing school.

Judge Mshila expressed disgust at the principal’s utterances on national television saying it was sheer disrespect that could not be condoned by the court, whose authority was now at stake.

“Contempt is contempt. We shall hear nothing else and I direct all lawyers Paul Amuga, Leina Morentat and Professor Ojiambo to come to my chambers for a private session,” she said before adjourning the matter.

Mr Ojienda, who formally filed papers with the court joining to represent the trustees of the school as well as the principal, asked for time to enable him prepare for the suit saying he needed time to go through the papers.

Mr Amuga said the issue was extremely urgent as the interests of the five students was now in jeopardy after the school principal convened a special parents’ meeting where the affected parents were castigated and adverse comments made on public television regarding the court order.

It is this issue on discussion of a court matter on public television that incensed the judge with Mr Moindi being heard commenting immoral activities would go unhindered since students would know that courts would protect them.

The students were expelled on March 21 after they were cited for gross indiscipline prompting their parents to seek a judicial review of the school’s decision saying they had been denied a chance to be heard and that expulsion was no longer an available remedy in law.

But Mr Moindi insisted that the school’s integrity as a well-performing school with high moral discipline was at stake since the students had misbehaved and that he was duty-bound by the schools’ owners, among them former Head of State Daniel arap Moi, to ensure discipline is maintained.

The judge overruled the school authorities and ordered them to allow the children back to school saying her hands were tied by the constitutional  provision that interests of a child comes first at all times.

“Even if the school suffers, its damage can be mitigated in terms of costs since no evidence has been shown that the students’ parents cannot afford to pay,” she said. “As for the children, their future is at stake and it is up to the court to ensure that right to quality education is preserved.”

Despite her order, Mr Amuga said, the school proceeded to rent dingy premises outside the school for the students, who only attended classes but had to wait for other students to leave the dining hall before they could enter.

The school’s security guards also “kept the students in check throughout”, which Mr Amuga described as deplorable.