The High Court of Kenya has struck down a rule that bars students above 19 years from participating in secondary school sports. The court nullified Section 17 (iii) of the Kenya Secondary Schools Sports Association (KSSSA) constitution and labelled it as discriminatory and against students’ rights.
Background of the Case
The case was filed by a mother whose daughter, a high school student above 19, was denied to participate in school sports. KSSSA’s policy previously barred students above a certain age from competing in school sports, citing age restrictions as a way to maintain fairness and competition integrity.
The plaintiff argued that every student, regardless of age, has the right to fully participate in school activities, including sports. She further contended that many students start school at different ages due to various socioeconomic, health and personal reasons, making an age cap unfair.
The High Court’s Ruling
Justice Eric Ogola ruled that age based exclusions in school sports violates Kenya’s Constitution. He said any student lawfully enrolled in a secondary school should have full access to education and extracurricular activities, including sports.
He also pointed out that sports programs are funded through school fees, every student should be able to benefit from those programs regardless of age. He therefore declared Section 17 (iii) of the KSSSA constitution unconstitutional, null and void.
Implications of the Ruling
This decision has far reaching effects on education and sports sectors:
- More Inclusivity – The ruling acknowledges different educational journeys of students, older learners will not be left behind.
- KSSSA to Review its Regulations – The association will need to change its rules to align with the ruling, setting a precedent for more inclusivity.
- Ripple Effect in Other Sectors – The ruling may trigger review of other policies that discriminate based on age in education and sports.
- Impact on Fairness of Competition – While inclusivity is key, schools may need new guidelines to balance fairness and competition levels in school sports.
A Global Perspective
Age restrictions are in many schools for fairness, safety and competition. But this ruling tells us to relax the rules and give students with different educational journeys a breather.