High Court Compels Moi High School Kabarak to Readmit Student Expelled Over Alleged Vape Possession

Justice John Chigiti orders Moi High School Kabarak to readmit a student expelled for vape possession, rejecting the principal's claims of missed deadlines.

By: AXL Media

Published: Mar 19, 2026, 8:35 AM EDT

Source: The information in this article was sourced from TUKO.co.ke

Judicial Intervention in School Disciplinary Action

The High Court has intervened in a high-profile disciplinary dispute at Moi High School Kabarak, ordering the institution to immediately readmit a student who was expelled for allegedly possessing a vape pen. In a ruling delivered on March 19, 2026, Justice John Chigiti emphasized that the school must comply with the judicial directive despite internal administrative objections. The legal battle began after the student's father, who is a practicing lawyer, challenged the summary expulsion as a violation of the minor's right to education. According to court documents, the judge maintained that the school’s previous disciplinary actions did not override the court’s authority to protect the student's academic progress.

Allegations of Defiance Against the Principal

The father of the student has accused the school principal, Elishaba Cheruyiot, of blatant non-compliance with the court’s initial orders issued on March 12. In a detailed affidavit, the parent described traveling from Kitengela to the school’s gates in Nakuru, only to be blocked by security personnel. He alleged that repeated attempts to reach the principal via phone calls and text messages were ignored, leaving the child stranded at the entrance. According to the father, the security guards claimed they were acting under express instructions to deny entry without specific authorization from the administration.

Contradictory Affidavits on Admission Deadlines

In a counter-affidavit, Principal Cheruyiot told the court that the school was prepared to receive the student but claimed the boy was never presented for admission by the 5:00 p.m. deadline set for March 12. The school administration argued that they had made necessary arrangements to comply but were hindered by the applicant's failure to appear on time. However, the father’s affidavit contradicts this timeline, detailing his physical presence at the gate and his efforts to coordinate with the principal ahead of arrival. According to the parent, the school’s narrative is a strategic attempt to frustrate the legal process.