High Court upholds private school’s right to review fees
High Court has upheld the authority of private schools to increase tuition fees, provided the institutions follow the procedures required by law
The High Court has upheld the authority of private schools to increase tuition fees, provided the institutions follow the procedures required by law.
According to court documents, the ruling followed a petition by two parents challenging a private institution’s six per cent fee increase for the 2026/2027 academic year.
However, the court dismissed the petition, affirming the school’s decision, with each party ordered to bear its own costs.
“The 1st Respondent being a private institution retains autonomy and power to maintain standards in the course of studies which confers it the authority to increase fees payable as long as procedure is followed. I therefore uphold the decision of the 1st Respondent,” the judgement stated.
The parents argued that the revised charges were introduced without meaningful consultation through a legally recognised Parents Association.
They also questioned the legality and functioning of the parents’ body, citing requirements under the Basic Education Act.
The school disputed the claims, maintaining that the increase was approved during an Annual General Meeting held in May.
It told the court that parents and learners participated in the meeting and that notice of the revised fees was issued about three months before implementation.
The institution attributed the increase to higher operating costs, staff remuneration, learning resources, technology, maintenance and facility improvements.
TSC calls on teachers to update beneficiary records on Superannuation Fund; How to update
Natembeya discloses Sifuna’s party ahead of October launch
Babu Owino releases new details on Mwananchi Party name change
It was painful being subjected to an interview in 2022 – Kalonzo
It further maintained that its relationship with parents was contractual and that, as a private institution, it retained autonomy over its operations and fees.
The court found that the petitioners had standing to bring the case and that their constitutional arguments could be examined by the High Court.
However, the judge found that the evidence presented by the school demonstrated the process followed before the six per cent increase was approved.
The court held that the private institution had the authority to raise fees as long as the applicable procedure was followed, and found that the petitioners had not established violations of their constitutional rights.
The case highlights the tension between parents facing increasing pressure to meet fee obligations and schools seeking to raise fees to supplement higher operating costs amid the rising cost of living.
In recent months, parents at other schools, including Parklands Baptist School and Alliance Girls’ High School, have also challenged fee increases.
Uproar in Kirinyaga after women receive underwear branded with Senator’s name
DCI arrests police officer accused of killing lawyer Kyalo Mbobu last year
Universities face disruption as UASU announce nationwide strike beginning September 30
Uhuru must explain why he handed power to Ruto if Raila won – Oburu
