The recent High Court ruling in Kenya has sparked significant debate. The court declared that students above the age of 19 should not be barred from participating in secondary school sports, deeming Section 17 (iii) of the Kenya Secondary Schools Sports Association (KSSSA) constitution discriminatory and unconstitutional. This decision emphasizes inclusivity and the right to education, which includes participation in sports, regardless of age. The ruling has far-reaching implications for the KSSSA’s policies and the rights of older students in Kenya.
Background
The case was brought to the High Court by a mother whose daughter, a high school student above 19, was denied the opportunity to participate in school sports. The Kenya Secondary Schools Sports Association (KSSSA) had regulations in place that barred students above a certain age from participating in sports and other school-related activities.
Legal battle
The plaintiff argued that the KSSSA’s regulations were unconstitutional as they discriminated against students based on age. She contended that every student, regardless of age, has the right to participate in sports as part of their education. The court was presented with evidence that the KSSSA’s regulations were not only discriminatory but also failed to consider the diverse circumstances under which students might begin their education at an advanced age.
Court’s ruling
Justice Eric Ogola, presiding over the case, ruled that Section 17 (iii) of the KSSSA constitution was unconstitutional and invalid. He stated that the regulation breached the Constitution and was discriminatory.
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The judge emphasized that every student lawfully enrolled in school is entitled to education and sports participation, regardless of age. The ruling also highlighted that since sports activities are funded through school fees, all students should have the right to participate.
Implication
This ruling has significant implications for the education system in Kenya. It underscores the importance of inclusivity and the need to accommodate students who may start their education later than their peers. The decision also sets a precedent for other countries and educational institutions that may have similar age-based restrictions in place.
Age discrimination in school sports is not unique to Kenya. Many countries have regulations that limit the participation of older students in school sports. These regulations are often justified on the grounds of fairness and the physical development of students.
By our reporter
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