
Can Students Sue Schools for Expulsion in Kenya? Legal Expert Weighs In
School Expulsions and Student Rights: A Legal Perspective from Kenya Kenya's education system is facing increasing scrutiny regarding school expulsion policies. A recent TV47 news segment highlighted the legal complexities surrounding the expulsion of students for poor academic performance. Advocate of the High Court, Peter Wasaga, provided expert commentary, stating, "A student can be placed on a poor performance improvement plan with a set duration for improvement; if they fail to improve, suspension may follow." This indicates a shift from the past, where expulsion was more readily employed. Wasaga emphasized the need for a balanced approach, considering the circumstances of each case. He explained that while some offenses warrant immediate disciplinary action, poor academic performance should ideally be addressed through support and improvement plans rather than outright expulsion. The discussion also raised concerns about the effectiveness of disciplinary committees and the potential benefit of including independent child advocates to ensure fair and just outcomes. The segment underscores the ongoing debate about student rights and the need for schools to adopt more supportive and legally sound disciplinary practices. The discussion highlighted the need for a more compassionate approach to struggling students, focusing on support and improvement plans instead of immediate expulsion, unless more serious offenses are involved. This approach aligns with the evolving legal landscape in Kenya, emphasizing student welfare and due process.