The headteacher of Kasau Primary School in Bondo was on Friday arrested for sending pupils back home on opening day.
Police arrested headmaster Samuel Aketch Agola and area assistant chief Margret Anyango Ochinga.
The two will record statements at Bondo police station and face prosecution. Agola dismissed the children from school despite a directive by the Education CS Amina Mohammed that schools open on January 3.
This follows a court ruling that blocked a teachers’ strike called by the Kenya National Union of Teachers on opening day.
Nyanza Regional Commissioner Moffat Kangi said a few head teachers disobeyed the court order.
“The misconduct by the headteacher is an infringement children’s right to education and an affront on government policies,” he said in a statement to the media.
Kangi accused the assistant chief of being negligent by failing to ensure the school remains open for learning. “In view of this misconduct, the government yesterday effected the arrests of Agola and Ochinga to record statements with the police and be processed for prosecution,” he said.
The commissioner said the state will ensure all pupils remain in schools. Kangi said he together with Siaya county education officials will visit the school on Monday to ensure children are learning.