This archive report was first published on 24 July 2019.
On July 22, 2019, the High Court made a landmark ruling in a case brought by a parent challenging the Kenya Secondary Schools Sports Association's (KSSSA) age limit for participating in sports.
The parent, who has a daughter in high school, argued that the age limit was discriminatory and failed to appreciate the fact that some students begin their education at an advanced age.
She claimed that participation in school-related activities nurtures attributes like discipline and is a right every student should freely enjoy, as she told the court.
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.
However, KSSSA and the Attorney-General did not respond to the issues raised in the case.
Justice Eric Ogola ruled that a regulation stopping such learners from participating in sports or other events is discriminatory and unconstitutional.
"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," Ogola said.
