Judge: ‘Old’ students can take part in sport
The High Court has ruled that secondary school students above 19 should not be stopped from taking part in sports. PHOTO | FILE | NATION MEDIA GROUP
What you need to know:
- Justice Eric Ogola said a regulation barring such learners from participating in sports or other events is discriminatory.
- Since every student pays for sports as part of school fees, all are entitled to participate in an activity of their choice regardless of their age, she argued.
High school students above 19 should not be stopped from taking part in sports, the High Court ruled on Monday.
Justice Eric Ogola said a regulation barring such learners from participating in sports or other events is discriminatory.
The ruling was issued after a woman with a daughter in high school filed a case challenging some regulations by the Kenya Secondary Schools Sports Association (KSSSA).
“It is the finding of this Court that Section 17 (iii) of the KSSSA constitution breaches the Constitution, is discriminatory and falls short of the values established under the law, is unconstitutional and invalid and is hereby declared so,” Justice Ogola said.
AGE LIMIT
According to the woman, whose name cannot be disclosed to protect the identity of her child, the said section of the regulation unnecessarily stops students from participating in games of their choice if they are 19 years and above.
She argued that by imposing an age limit, the association failed to appreciate the fact that though in the minority, some students begin their education at an advanced age for a number of reasons.
She said participation in school-related activities nurtures attributes like discipline and is a right every student should freely enjoy.
She told the court that every student has a right to education "and sports is part of education".
Since every student pays for sports as part of school fees, all are entitled to participate in an activity of their choice regardless of their age, she argued.
LAWFULLY IN SCHOOL
KSSSA, which is the umbrella body of secondary school sports under the Ministry of Education, and the Attorney-General, failed to respond to the issues raised.
The judge said the association, the ministry and the authority cannot be excused for disobeying the Constitution and the court in failing to respond even after being given enough time to do so.
“The question is: Is the 19-year-old in that school lawfully? Is the learner entitled to education? Is he or she entitled to participate in and enjoy local and international sports competition?” the judge asked. “Does he or she pay school fees which includes sports activities? More paramount, is he or she an alien to the Constitution?”
